ISSUE
: “WHY I want to be a lawyer?!?!”
RULE: The purpose of this blog is to encourage discussion. I am totally aware that my opinions usually vacillate between the cynical and the idealistic, and this is my attempt, before I take the bar, to “come clean.” Thus I subject myself to you for debate. Don’t hold back.

HOLDINGS:

Saturday, December 15, 2012

Development work to law school, a finals rant

This was an intro I did for a paper on CEDAW and why the international human rights legal community, for our own survival, need to be doing a better job ensuring compliance with it (forthcoming). But almost instantaneously as my pen left the paper, so to speak, I realized it was...yet another....rant.


Nguekokh, Senegal: An Introduction

            I went to law school because I was turned off from development work by my numerous experiences that demonstrated that much of current developmental theory is at worst neocolonistic, at best horrifyingly out of touch.

            I have heard good things about the effectiveness of the Stomp Out Malaria initiative, but when I was in Senegal in 2009 in the Peace Corps, we were under the UN Millennium Development Goals (MDGs). Goal 6 of the MDGs is to Combat HIV/AIDS, Malaria and Other Diseases.[1] A major part of this initiative was to provide mosquito bed nets to every child in Senegal, and assumedly in other affected African countries as well.  In 2009, funding for this initiative reached $1.5 billion, far short of the estimated $6 billion that was needed for 2010.[2]

            When the infamous white pick up trucks rattled down the dusty dirt road into the center of our village, everyone poured out of their family compounds to get their handout. The deal was that if parents produced an ID card that showed they had registered their children for school and gotten them the necessary vaccinations, they would get one bed net per child. What I knew, from living there for over a year, was that almost every child in the village already had a bed net. And too many of didn’t use them for various reasons –general laziness (I grew to comprehend this quickly –sometimes you just want to, or just do, pass out and don’t want to go around your bed tucking in your mosquito net. It’s not like you will instantly get malaria –and so the human risk taking/laziness streak kicks in fast), fear (older people especially felt some sort of spiritual apprehension and didn’t like waking up and thinking they had died/were seeing a ghost), force of habit (infuriating!), or others. But perhaps the bigger problem was “mosquito hour” was past its peak by the time people got in bed. The huts and cement buildings would be too hot, after collecting heat all day, to go to sleep in right away. Families would gather outside on cement platforms built especially for laying down, chatting, watching TV, and eventually falling asleep. In my family compound, the grandmother would innately know when the hour was right to retreat to our huts, and would wake from her sleep, rub her arthritic knees, and rouse all of us up to go inside. By this time, all of us had been laying outside for hours, from dusk until 9 or 10 pm, getting eaten alive during the high tide of mosquitoes. One of our rather rambunctious volunteers had an idea to make giant sized mosquito nets to put over the (word for cement thing) –his idea sounded so comical that it didn’t get off the ground. But his idea was better than the MGDs.

            Most of the women who got a second mosquito net for their kids sold it, and continued not to use the first one. But the most tragic scene was created by my host family. We were the village chief’s family –and so although by tradition we were borom dekk “the village owners” –in actuality everyone regarded them as the village jesters –no one took them seriously for their pompousness and belligerency. Said characteristics were demonstrated that day when my host mothers ran out into the village center screaming and disheveled. They had “lost” their children’s ID cards (I doubt, and I bet the villagers did more, that they ever got their children the vaccinations) –but they still wanted their free bed nets. The USAID staff politely told them that they were sorry, they couldn’t give my host mothers bed nets without the ID cards. Well, after an ebullient public demonstration, my host mothers huffed off, robes a flutter behind them, into our family compound, where they gathered the drawers out of their dressers and carried them back into the village center. There they dumped the contents out into the dirt, in front of the entire village, screaming “We are the village chief’s family! You cannot refuse to give us our bed nets!” It was such a disturbing scene the USAID workers complied. My family took the bed nets to the market to sell the next day, and all the children in our compound slept without bed nets the whole time I was there.

            Meanwhile, I was trying to find funding to multiply a sex education course I had started at the local middle school. Teachers had reached out to me to create the program because of the drastic rate in female drop-outs during middle school. While girls and boys graduating elementary school was relatively 50%/50%, once girls hit middle school the pressure from local boys to get married, subsequent (or previous) pregnancy, and the duties of home life made the middle school graduation rate more like 75%/25%.[3] The sex ed program was a solid success –in fact, it is the only work I did in Senegal that continues to this day. (And I attribute that, in large part, to that it was community –and not “from above” –initiated.)
           
            There was a desperate need to reproduce the program in the surrounding villages. Teachers were willing and able to do it, and came to us, the Peace Corps volunteers, or the teachers and administration at the middle school, to find out how. Their level of initiative was something Peace Corps volunteers don’t often experience. Community driven initiatives are somewhat the “golden egg” of Peace Corps service. I had a close working relationship with the local USAID representative, who was Senegalese, and –perhaps at least in part consequently –let me bend the rules to bring a USAID summer camp to the middle school the summer before, after I demonstrated to him how motivated the faculty was to facilitate the camp. When I approached him and the Peace Corps administration about getting support for the sex ed class, however, they told me that if we could somehow incorporate AIDS education, MDG money was bursting out the dam. Senegal’s adult AIDS rate in 2009, at .90%, makes it 53 in the world. The U.S. is ranked at .60%, 64th in the world. Swaziland is first and has 25.90% of its adult population living with AIDS. In 10th place is Malawi, with 6.50%.[4] Somehow in the planning sessions of the MDGs, the stereotype of African as a place of AIDS had looped Senegal in to receive a large amount of money for a comparably minor problem. Meanwhile, we struggled to find funding for a lot of the real needs of our communities. Although AIDS education is no doubt important for Senegal, and part of any good sex education program, this answer was the default for any kind of project that came up that year. And we didn’t come for an AIDS program, we came for a program that would empower women to value education and stay in school and resist the pressure to get married young. Similar, but different, and when multiplied by the number of projects going on all across the country, and all across the world, these small differences, like wearing a pair of jeans one size too small, greatly contribute to the unsustainability of projects.

            The village I lived in had been somewhat of a “pilot” village for international projects since the 1980’s. A walk through the village and the surrounding fields with an old farmer would yield a similar picture replicated throughout Africa –the sun-scorched carcasses of abandoned failed development projects. A bigger tragedy than the money lost was the faith lost in the community. They were jaded. They had experienced hope brought from the outside, time and again, only to have it dashed for various failures to assess the local needs or capacities to sustain initiatives created from outside. They were weary of people coming in with proscriptions for what they should do. They were tired of jumping through hoops to “please the white man” and get money they desperately needed.  And so when I came back in response to many of their initiatives that year and said “you know the deal, guys, as long as we can pitch this as an AIDS initiative, we can get money,” the disappointment in their faces had a lasting impact. AIDS education is important, but more important is letting local people shape efficient tailored programs that will work for them. My reasons for leaving the development sector and deciding to become an advocate are more complex than just this, but they were mostly born during those walks through the fields, during long talks with families in the village. During my second year of Peace Corps, I lost all interest in filling out paperwork representing my compliance with proscribed Peace Corps goals. They did not fit my village. I saw myself as an advocate –a simple filter of my village’s goals to the outside world and back.

            I’ll be damned if advocacy turns out to be more of the same because –getting a late start (for good reason) on my post-graduate education, and being significantly more in debt and out-of-line with my peers who are getting married and buying houses, I need to sleep in the bed I’ve made for a while. If I leave the legal profession, it will most likely be for the same reasons I left the development one. Or perhaps, I will just change tack and go the corporate route, make a good life for myself, and myself only. But I don’t want to do this. So in that vein, its make international human rights law work for the people its meant to serve, or die.[5]



[1] http://www.un.org/millenniumgoals/aids.shtml.
[2] http://www.un.org/millenniumgoals/aids.shtml.
[3] These statistics are from personal observation and discussions with local teachers and school administrators.
[4] https://www.cia.gov/library/publications/the-world-factbook/rankorder/2155rank.html.
[5] Modified State motto of New Hampshire, http://www.nh.gov/nhinfo/emblem.html.