Example projects
We work with hundreds of development organisations and thousands of legal experts around the world to broker pro bono legal support.
Click on the links below to read about the impact legal support has had on development organisations and their work or read about our work in more depth
Concordis International - Film Rights
Applying international child rights principles
Economic Partnership Agreement Ratification Research
Protecting Land Rights in Niger
Sustainability in the Coffee Market
WaterAid - "Human Right to Water"
Rights of the Batwa in Burundi
Protecting "Fair Trade" with Traidcraft
Microfinance Project in Tunisia
Amnesty International Fair Trials Manual
Advocating for Law Reform
The Open Society Justice Initiative (OSJI) advocates law reform to safeguard the protection of human rights. Shearman & Sterling LLP assisted OSJI by summarising freedom of expression cases heard by the European Court of Human Rights (ECHR) in which OSJI perceived that the Court appeared to require unusually strict controls on journalists that limited their freedom of expression. The summaries will be used to prepare third party interventions to the ECHR.
Robert Skilbeck, Litigation Director at OSJI, wrote:
"The assistance of pro bono lawyers is invaluable to the work of the Justice Initiative to litigate human rights issues in ground-breaking cases throughout the world. With the support of such a huge network of lawyers we can increase our capacity to work on more issues and for more victims of human rights violations."
Saralyn Cohen, Director of Pro Bono at Shearman & Sterling LLP, added:
"Shearman & Sterling LLP is honoured and pleased to assist the Open Society Justice Initiative through the match made by A4ID. The project allows Shearman & Sterling attorneys from our offices around the world to collaborate on a meaningful project. The Firm's attorneys appreciate the opportunity to play a small role in the access to justice and rule of law work that OSJI does from its position of leadership."
Training Lao Lawyers
Just as comparative legal analysis assists lawyers and legislators in the developed world, so too lawyers from developing countries can benefit from sharing knowledge and expertise. In partnership with the United Nations Development Programme, A4ID lawyers travelled to Laos in December 2007 to deliver training in mediation, negotiation and arbitration to over 30 members of the Lao Bar Association. The 5-day course included practical and theoretical components.
In Laos, the 90 lawyers are far-outnumbered by judges (300) and prosecutors (900). They found the alternative dispute resolution training well-suited to their context, given the expensive, uncertain, slow nature of the court system and the Lao culture that values conciliation.
The head of the Education Sub-Committee of the Lao Bar Association, Mr Nuaongthong Vongsa, said:
"In the right situations, the resolution of disputes outside the formal court system has many benefits. These include valuable savings in terms of time and money. Alternative dispute resolution also offers a more conciliatory approach to problem-solving, which allows parties to preserve valuable relationships. A good lawyer should be able to advise their client on when such a resolution is a viable and effective option for them."
Oxfam Mock Trial Project
Oxfam International is a confederation of non-governmental organisations' dedicated to fighting poverty and related injustice around the world.
Oxfam International sought A4ID's assistance for a lawyer to participate in a unique simulated legal trial on climate change, held in Bangkok for the lead-up to the Copenhagen meetings in December 2009. Orrick, Herrington & Sutcliffe lawyer Janie Wong acted as defence counsel for the G-8 countries. As Janie stated,
"To ensure continued environmental regulation to stem the effects of climate change, there is an urgent need for a new climate protocol...This mock trial brought together some of the world's best environmental minds-lawyers, activists, scholars, engineers and political officials-to explore the issues relating to climate change and global warming."
The mock trial thus served as a novel way to highlight the serious risks of climate change for developing countries, enabling the experiences of affected communities to be vividly heard and the opportunity for leaders in this field to develop new approaches to address climate change.
Concordis International - Film Rights
Concordis International is a British non-profit, peace-building organisation working primarily in Sudan.
Concordis International was awarded funding by the European Commission for a two year project in Sudan which included the making of a film. Lawyers from White & Case provided assistance to Concordis to create a Memorandum of Understanding with an Anglo-Sudanese filmmaker to ensure that it properly reflected the agreement between them, giving Concordis the appropriate rights to the films whilst avoiding breaking the terms of the grant.
As Felicity Kirk, Director of Pro Bono at White & Case states,
"This case was a lesson in how supra-national entities impact individuals - with the crucial participation of organisations such as Concordis International. The challenge was to ensure that the interests of the parties were adequately protected. This was because Concordis International was keen to ensure that the filmmaker was not prejudiced by lack of legal advice and that the European Commission obtained a sufficient license - a real exercise in looking at the bigger picture."
Applying international child rights principles
Udayan Care is an Indian non-profit organisation with headquarters in New Delhi. Its vision is to regenerate the lives of disadvantaged people, particularly children and women, through a programme of sustainable social development.
Using a group foster care model, which is based on its "LIFE" strategy (Living in a Family Environment), Udayan Care has developed nine long-term residential care homes (Ghars) for orphaned, abandoned and abused children, aged 6 and above. The homes have relevant Indian statutory licences and operate under the Juvenile Justice (Care and Protection) Act 2000 (Act 56 of 2000) (as amended by the Amendment Act 33 of 2006).
Dr Kiran Modi, founder and managing trustee of Udayan Care, asked A4ID to help update its staff manuals in line with national and international child protection and welfare legislation. Included in the documents to be reviewed were the Mentor Mother Manual, Care Staff Manual, Ghar Manual and Child Protection Policy.
In order to update the manuals, a team of six volunteer solicitors and trainee solicitors from one of A4ID's Legal Partners, CMS Cameron McKenna LLP, researched the requirements for care-giving under the Juvenile Justice (Care and Protection) Act 2000 and the National Charter for Children 2003 as well as under international standards found in the Convention of the Rights of the Child and the UN Millennium Development Goals. The team then reviewed each of the four manuals and edited them to include references to both the national and international legislation where relevant. Some sections required minor editing whereas other paragraphs had to be totally re-written.
Where legislations had not yet been incorporated into the manuals, new sections were drafted to ensure all statutory provisions were covered. The lawyers also checked cross-references between manuals for consistency, as some staff are required to read more than just one manual, especially mentor mothers, who play a lead role in the organisation.
Without A4ID's assistance, Udayan Care said that it would have had to review the manuals on its own. This would have meant that the staff's legal responsibilities may have been excluded form these important documents: the manuals now set out the legal framework and rules under which all paid staff and volunteers work. Udayan Care was concerned that without A4ID's help, the manuals may not have been consistent with the law. Udayan Care commented in its feedback that it is keen to work with A4ID again. It also has volunteering opportunities available within its Ghars. For more information please visit: http://www.udayancare.org/.
Economic Partnership Agreement Ratification Research
Teams of lawyers from Allen & Overy LLP, Akin Gump Strauss Hauer & Feld LLP, Ashurst LLP, Linklaters LLP, Reed Smith and St Philips Chambers have assisted a coalition of NGOs led by Tearfund by researching the Economic Partnership Agreement (EPA) ratification process in each of the African Caribbean and Pacific (ACP) countries.
The EPA ratification process project formed part of A4ID's wider EPA monitoring and assistance project and was one of the requests that stemmed from an EPA roundtable held between NGO trade policy advisers and members of A4ID, during which the status and content of EPA negotiations were reviewed and examined.
The participating NGOs, which included ActionAid, Christian Aid, Oxfam, Traidcraft and Tearfund, asked A4ID if it could produce a review of the constitutional and administrative processes that each ACP country would have to follow in order to ratify the entry into any bilateral trade agreement or regional trade agreement. The review was used as a basis for further discussion with ACP trade negotiators liaising with NGOs to help formulate EPA negotiation strategies.
Five Talents Microfinance
Five Talents aims to fight poverty, create jobs and transform lives in developing countries by supporting micro-finance initiatives in developing countries - providing loan capital and training for entrepreneurs. Five Talents works in Uganda, India, Peru, Philippines, Indonesia and Kenya.
Through A4ID, lawyers from Simmons & Simmons provided Five Talents with advice in relation to the following issues:
- 1. The development of the charity and its relationships with its overseas partners.
- 2. Employment law issues dealing with UK volunteers working with overseas partners.
- 3. The legal/tax implications of fund-raising.
- 4. The internal structuring of the charity.
- 5. The legal implications of setting up other fund-raising bodies overseas.
Protecting Land Rights in Niger
A4ID is working with Tearfund to review the Rural Code in Niger and its impact on the nomadic peoples of the region. The Rural Code governs access rights to land and land management. This is important in Niger, where climate and demography have a major impact on land management. Much of the country is desert and only 20% of its territory must sustain the population.
The Rural Code was introduced to provide security to farmers and herders, to promote agricultural investment and protect the environment. It is intended to replace existing law and custom and to act as a single resource for the management of land, pastures, forests, livestock and water resources.
The Rural Code allocates tribal peoples land on which to establish permanent villages and plant crops. For nomadic herders, such as the Tuareg who live on the fringe of the Sahara, this would mean a significant change in lifestyle and culture and a move away from their nomadic heritage.
A4ID lawyers from Weil Gotshal & Manges LLP's Paris office are reviewing the Rural Code and considering how its impact on the Tuareg can be managed. In particular, they are advising on how the rights of nomadic pastoralists, who need a right to roam if their culture is to be protected, can be entrenched.
Right to Education
Education is key to development. Ensuring full and proper access to learning is a priority for ActionAid, one of A4ID's partner NGOs.
To assist those campaigning on education issues throughout the world, ActionAid has prepared a Guide to the Right to Education. This draws on examples from across the world to indicate the way in which educational rights are enshrined and protected. The Guide is intended as an access point for campaigners for the right to education, to enable them to consider the practical options open to them in making the right to education a reality in their country.
Counsel from 4-5 Gray's Inn Square and solicitors from a number of firms have reviewed the Guide in detail. Working together with ActionAid they will aim to make the Guide a valuable tool for those wanting to make sure that education is fostered.
Sustainability in the Coffee Market
A broad coalition of NGOs, spearheaded by Oxfam, is working to promote change in the coffee industry. Their aim is to ensure that the livelihoods of small producers and farm workers, in areas such as Ethiopa, Uganda and Central America, are protected.
The changes suggested follow from a number of other market-based initiatives over the past two decades. Certification systems, such as Fairtrade, Organic, Utz Kapeh and Rainforest Alliance, have seen demand for their products year on year grow faster than base level growth across the whole coffee market. This demonstrates that new initiatives have the potential to offer some assistance to smallholder coffee farmers.
Changes to the way in which the coffee market is structured would have a greater benefit to small scale producers and their workers. With the expiry of the International Coffee Agreement on 30th September 2007 there is an opportunity to renegotiate the terms most affecting smallholder farmers.
Counsel and solicitors from a member firm, working through A4ID, are providing long term legal assistance and support on this project. This includes the drafting of new terms on producer sustainability. If accepted, these will form an integral part of the new International Coffee Agreement and will reflect the desire amongst consumers and producers to have a fair balance within the market.
Trade in Services
The General Agreement on Trade in Services (GATS) was established through the World Trade Organisation to promote market liberalisation and enable the private sector to be given the opportunity to compete with the public sector.
The effect of this liberalisation will vary from country to country depending on its particular social, economic and institutional position. It can also vary from sector to sector within a single state.
A4ID lawyers from a number of City firms have assisted Oxfam in considering this. They have provided research as part of Oxfam's programme to focus on how trade in services can be used to assist the development of countries, rather than risk hindering it. Key issues considered included a comparison of the regulatory frameworks in place in the UK and EU across a range of service sectors. These can then be contrasted with the position of those countries facing liberalisation to see whether liberalisation is appropriate and, if so, what market mechanisms and regulatory structures should be put in place.
WaterAid - "Human Right to Water"
WaterAid aims to overcome poverty by enabling the world's poorest people to gain access to safe water, sanitation and hygiene education.
Lawyers from Brick Court Chambers, Mayer Brown LLP and Simmons & Simmons advised WaterAid on its report entitled 'The Right to Water'.
Specifically, this included analysing the legal arguments for and against the recognition of access to water as a human right, assistance in relation to a constitutional amendment relating to the right to water and the provision of strategic and technical guidance to ensure that the right is granted.
Rights of the Batwa in Burundi
Minority Rights Group International is an international charity working to ensure that minority and indigenous groups can have their voices heard and their rights proected. A4ID provided assistance to MRG on their work supporting the Batwa, an indigenous people in the Burundi, in relation to land rights.
The Batwa have been displaced from their natural habitat as a result of deforestation and regional conflict. They have resorted to moving to new land often as squatters or sometimes to land allocated to them by the government, but with no formal title. This has left them vulnerable.
Through A4ID, lawyers from Linklaters provided advice to MRG on the following issues:
- Comparative law review of squatters' rights to assist in arguments regarding the Batwa's entitlement to their lands;
- Review of the Burundi land code including consideration of whether its provisions need amending to protect the Batwa;
- Assistance in the collection of evidence relating to alleged violations of the Batwa's rights.
Lucy Claridge, Head of Law at Minority Rights Group, wrote:
"The advice provided by Linklaters, through A4ID, was integral to the launch of a domestic case challenging the lack of protection of Batwa land rights. It enabled MRG and its partners to assess the strength of a number of potential cases, and the possibility of using strategic litigation to achieve change for the Batwa people."
Jacques Périlleux of Linklaters stated: "Linklaters worked in close cooperation with Burundi lawyers. Together we scrutinised the issues at stake. A comparative law approach was of much help in order to develop a strategy."
Protecting "Fair Trade" with Traidcraft
Traidcraft is a development charity set up to fight poverty through trade, and one of the pioneering charities of the fair trade movement. Traidcraft requested advice from A4ID lawyers on how the words "fair trade" can be protected, as the sale of fair trade goods expands.
Traidcraft became concerned that many products in the UK are being described as "fair trade" even though they do not benefit producers in the developing world and do no meet the objectives of the fair trade movement.
Lawyers through A4ID provided advice in relation to intellectual property issues on how the words "fair trade" can be protected so that they can only be used in relation to products from the developing world.
Merowe Dam Dispute, Sudan
The almost completed Merowe Dam is designed to produce electricity for the capital city Khartoum and other urban areas. But the project has adversely affected the surounding communities, who believe their traditional land has been unlawfully appropriated. Attempts by community leaders to protect their rights and entitlements have been ineffective.
A team of A4ID lawyers, both solicitors and barristers, assisted the Manasir Council in their negotiations with the private companies responsible for the overall management of the project.
The Council, which represents the affected local communities, wanted better resettlement terms.
Microfinance Project in Tunisia
The Grameen Foundation (GF) is a global non-profit organisation that combines microfinance, technology and innovation to empower the world's poorest people to escape poverty. Its network of partners in 22 countries has impacted on an estimated 16 million lives in Asia, Africa, the Americas and the Middle East.
Grameen-Jameel Pan-Arab Microfinance Ltd is a joint venture between the Grameen Foundation and the Abdul Latif Jameel Group, a Saudi business group with an active community service programme. The aim of the joint venture is to strengthen microfinance in the Middle East and North Africa. Grameen-Jameel provides technical assistance and training to local microfinance institutions (MFIs) through a strategic partnership model.
Microfinance institutions sometimes seek external funding from commercial investors. Grameen-Jameel approached A4ID because the institutions wanted to build their knowledge of the commercial terms of the agreements governing this funding and needed training on the fundamental aspects of loan agreements and other issues they have to be aware of.
This resulted in three A4ID lawyers attending the annual Sanabel Conference for Arab microfinance practitioners in Tunisia in May 2008. Many of Grameen-Jameel's MFI partners attended the conference and took part in a training workshop on loan agreements run by the lawyers. These lawyers used their expertise in finance law to design an interactive training session which outlined the technical terms of loan agreements and provided guidance on negotiating points with banks.
Alison Chan, lawyer from Clifford Chance, said: "Due to cost constraints (and often the scarcity of relevant legal resources), microfinance borrowers seldom have access to legal advice and are often unfamiliar with the commercial terms of the agreements governing this funding. We were able to apply the skills and principles that we use in a purely commercial environment to this rapidly developing area of finance."
Amnesty International Fair Trials Manual
Amnesty International (AI) campaigns globally for internationally recognised human rights for all, with a mission to undertake research and action focused on preventing and ending grave abuses of these rights. AI's Fair Trials Manual was first published ten years ago. A4ID provided assistance in bringing it up to date.
The manual details the international standards on fair trials and how these have been interpreted by international and regional bodies. A4ID's Legal Partners are helping to bring the new edition up to date with all relevant legal developments up until the end of 2008.
It is particularly useful in developing countries where there may be limited access to legal research materials for lawyers and human rights activists alike.
Participants not only include volunteers from law firms and the Home Office and Ministry of Defence, but also students from BPP Law School.
Bringing Law to the People
Society for Democratic Initiatives (SDI) is a Sierra Leonean civil society organisation and one of A4ID's Development Partners. It was concerned by the lack of knowledge among Sierra Leoneans of laws that may impact upon them.
Transition efforts following Sierra Leone's ten-year conflict included the creation of the Anti-Corruption Commission and an attempt to strengthen the Commission with the new Anti-Corruption Act 2008. This Act stipulates an accountability framework designed to secure good governance. SDI believed that the simplification of this law combined with the training of civil society, those in the media and other stakeholders would create a greater awareness of responsibilities and promote increased transparency in public offices.
Lawyers from one of A4ID's Legal Partners, Hogan Lovells, prepared a simple guide to the Act. Emmanuel Abdulai from SDI reported to A4ID:
"We agreed with the Anti-Corruption Commission to publish this simplified version. I want to thank all at A4ID for the wonderful work you have helped us do. We really do appreciate it and hope for a continued relationship between our two institutions."
Lawyers from other A4ID Legal Partners have also been involved in preparing simple guides for SDI: CMS Cameron McKenna in relation to Child Rights' Legislation; Orrick in relation to the Local Government Act; and Clifford Chance in relation to Women's Rights Legislation.
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