Title: Emerging Law Clinics in Nigeria and the Use of Martus As a Tool for Securing Client

Total Page:16

File Type:pdf, Size:1020Kb

Title: Emerging Law Clinics in Nigeria and the Use of Martus As a Tool for Securing Client

TITLE: MARTUS ITSTITLE: USEFORTHE AND EMERGING CLINICS LAW IN NIGERIA ARCHIVES, EVIDENCE ANDARCHIVES, EVIDENCE RIGHTS HUMAN OPEN SOCEITYOPEN ARCHIVES 2008/2009 SESSION2008/2009

CENTRAL EUROPEAN UNIVERSITY DEPARTMENT OF LEGALSTUDIES DEPARTMENT BY: LAGI ODINAKAONYE LAGI BY: 27 TH HUMAN RIGHTSHUMAN JANUARY 2009

Page1 NGOs/Law Clinics In And Nigeria ICTNGOs/Law Clinics Development Data Use ofMartus Empirical and Implementation Use Project Martus Concept ofTheMartus Overview Brief A Introduction CONTENT OF TABLE Conclusion Nigeria In Implementation Challenges toMartus       Challenge Of Relevance Challenge ChallengesInfrastructural Fit Martus Emerging ClinicsHow Can Into Law Structure? Legal EducationIn Clinics/Clinical NigeriaLaw InNGOs &ICT Nigeria In NigeriaDevelopment AndInformation Technology Communication ICT Page 8 Page 8-13 Page 7 Page 6 Page 5 Page 3 Page Page 16 Page 15 Page Page14 14-16 Page 11 Page 10 Page 10 Page

Page1 to havecomponents: fouressential to clinic live-client captures Wilson J. Richard people. real with deal they because clinics client lawyering”. of craft the of teaching the focus pedagogical primary its as has which profession legal the for training active or practical experiential, of kind any to sense, broadest its “in defined be could it Wilson J Richard to according but definitions varying has education legal Clinical programs. education legal clinical under run are Clinics Law Clinics. Law emerging of concept the specifically more and Nigeria in structure NGOs Organizations Non-profit and Non-government into fit can Martus if consider will it Then release. ofpublicity ofmouth/press ofits–by word mode impact the consider and scope current and coverage wide World the at look also will It available. data empirical any on based users existing among rates usage its analyze to try will It application. ofit examples useand case studies with theits ofMartus, concept describe briefly paper will The INTRODUCTION And Newly Democratic Countries. A Paper Presented at the Human Rights Seminar of the Human Rights Human the of Seminar Rights Human the at Institute, International Association Bar Berlin, 17,1996GermanyOct. Presented Paper A Countries. Democratic Newly And Developing In Justice To Access Improve To Means A As Education: Legal Clinical University) American Law, of 1 and evidence; and clinic the by covered area substantive the as such prerequisites, matter subject specific some and study of course basic the completed have who those of enrollment to limitation (3) lawyering in the process; which provides component training parallel classroom (2) a to withoutthem; to counsel,cost and have access otherwise not would who groups or people to usually cases, real in services legal of provision The (1)

Richard J. Wilson( J. Richard Professor of Law and Director, International Human Rights Law Clinic, Washington College Washington Clinic, Law Rights Human International Director, and Law of Professor 1 Law Clinics are live are Clinics Law

Page1 nomto.Ias otce pnSceyAcieadBntc tf uhAnHrio Harrison Ann such staff Benetech and Archive Society Open contacted also I information. background for blogs and reports articles, website, Martus from resources on rely will paper This under other issues. orsubmerged dataminimal becomes rights human to threat that supposing relevant kept be can usage Martus how conceptualize to need be will There factors. other and challenges anticipated challenges, day present consider also will It orprevent. help provide could Martus that threats and opportunities weakness, strengths, the at looks that approach an entails This Nigeria. in data rights human of security to threats foreseeable or current are also there if would consider It infrastructure. technological current the are in what NGOs and and locations Their Clinics, Nigeria. Law the Nigeria, in development ICT Technology Communication and Information of review brief a require would above the into fit can Martus how see to Trying timeand energy student on demands its with commensurate program the for credit academic of provision the (4), believed to have the “technology tools with the potential of improving global human rights human global improving of potential the with tools “technology the have to believed concept a is It groups. rights Human of audience target the with designed is software Martus The OVERVIEWMARTUS CONCEPT OF BRIEF A THE development.future its as well as status project current and progress about information Sergey updated get and to Glushakov specialist Martus Tripathi Jaya Initiatives, Benetech Director Communications

Page1 Martus is an open source technology with the following characteristics: following sourcewith technology the isanMartus open orinfrastructureforproper ofresources documentation. and lack oftime passage neglect, destruction, or confiscation to due information, of lost of problem the address to hoped was It infrastructure. internet-based and software client on based system retrieval and storage data”. rights human securing through 3 in paragraphthis derived from was source)this 2 AND MARTUS PROJECTIMPLEMENTATIONUSE

Ibid n2Ibid The Martus Concept, available at martus.www.martus.org(please note that all background information contained information background all that note martus.www.martus.org(please at available Concept, Martus The 4. 3. 2. 1. 6. 5. 2003, and had been implemented in various locations. had been implemented 2003, and in launched was Martus today. see we do impact what or achieved been this has far how is question The violators. of accountability eventual the and violations of reduction the in assist and available resources limited the leverage significantly to hoped was Martus and collaboration. oftrust atmosphere an foster to review code easy encouraging format, source open an in software Provide non-confidential the ofbulletinsportions to access with information rights human of consumers Provide loss against protect to locations multiple in it replicate and information this up back Securely quickly to be created about bulletins violations text-based Enable safeguard data built-inencryption to Use 2 Martus was developed by Benetech as an information an as Benetech by developed was Martus 3

Page1 In support of Martus use, Philippines Commission of Human rights Purification C. Valeria C. Purification rights Human of Commission Philippines use, Martus of support In bits. encrypted containedonly computer serverand onMartus the secured stolen. computer her and Medelin in hijacked was staff EQUITAS an 2005, August In conflicts. internal violent Colombia’s during disappeared who ofthepeople ofremains many isthe focus recovery main and PsychosocialTheir Work Services. Forensic for Team Interdisciplinary Colombia a EQUITAS is Martus uses that group Another and figures prominent by long tosoughtbythe important question public. answers justiceand obstructed destroyed been have would ordinarily that data secure help will Martus of use the that hoped is It Bulletins. Martus encrypted 10,000 than more into these documents from data entered have technicians The access. public and analysis later for document jumbled of sample random scientific a of collection a secure to used been is Martus records. witnesses. protect and information sensitive secure to countries fifteen in used been had Martus that reported was It 6 5 this fromsource) same gotten was paragraph this in project archive Police Guatemala the on information background all that note (Please 4 MARTUS USEEMPIRICAL DATA OF to used and campaigns. support advocacies be could that facts reliable with system information secure and updated an for need rights human protect to capacity local improve will abuses report and monitor to technology modern of use that confirms Quisumbing

Availableat Availableathttp://benetech.blogspot.com/2005/09/25 http://benetech.blogspot.com/2006/12/22protecting-guatemalas-national-police.txt http://mindanews.com/index.php?option=com_content&task=view&id=450&Itemid=50 4 The Martus project is been implemented in the Guatemala’s police archives police Guatemala’s the in implemented been is project Martus The 6 . In this interview with with interview this In . 5 EQUITAS however had their data their had however EQUITAS Walter I. Balane s Balane I. Walter

he reiterated the reiterated he /2006/07/15

Page1 enquiry to Benetech Staff on the progress so far on these reports yielded nofurther Stafffar information. onthese ontheso reports progress to Benetech enquiry Further 2004. of end the towards formally commence to expected was Training programme. training Martus African an develop to Egypt and Algeria Kenya, Nigeria, in NGOs justice social of dozens some with consultations some did Benetech that stated further also study case The have public to the andserver. begun posting reports themselves trained who Governance Good for Campaign the Project by Senior used is Levine, Martus Marc Leone Sierra to In according Manager. Africa in use growing a reports study the Also Rwanda” and Mauritius Kenya, Ethiopia, Tanzania, Gambia, Africa, South including countries, “Sri African eight in downloaded in been has It US. the and particularly Russia, Guatemala, Philippines, the Lanka, world, the over all used currently is Martus reports also study case The regions Jubba ofsouthern Somalia. the in rights human of promotion and protection the on is focus whose Organization, Development study case Africa Source Open to According 9 8 7 of many covering For Prisoners Political of Association Assistance users biggest the of so. one example, be may that why and groups particular by use in decline is there if know cannot one is, That use. effective measure to reference exact lacks it that is data this in drawback Major The newretrieve. are there bulletins when accounts headquarters notify to feature a has which 3.1, Martus as such enhancements world”. product the across users 1000 over by servers Martus bulletins secure “60,000 to up over backed witnessed having Martus the in growth incredible reports Benetech http://benetech.blogspot.com/2007/06/martus-growth.html http://benetech.blogspot.com/2007/06/martus-growth.html http://www.opensourceafrica.org/view_article.php?type=case_study&id=18 9

7 ats i en ue y Ksm ec & Peace Kisima by used been is Martus , 8 It also released also It

Page1 Nigeria has a population of 140million, 70% percentage are estimated to live in the remote rural remote the in live to estimated are percentage 70% 140million, of population a has Nigeria NIGERIA IN DEVELOPMENT ICT TECHNOLOGY COMMUNICATION AND INFORMATION NGOs/LAW CLINICSNIGERIA IN DEVELOPMENT AND ICT all. after Martus of use continuous and impact the reduce not may analyses scientific for available not though data empirical such that mean may This issues. Burma covering 2008 in bulletin public post to continued (Burma) Monland of Foundation Rights and Human as individuals such organizations other However, Martus. of relevance the monitoring impair may This well. as bulletin secret that upload to organizations ceased also the had of stopped and any bulletins public if uploaded previously know not may one bulletins, public only 2006. are in this bulletin Though public uploaded last Burma in groups opposition of detention illegal the John Dada, John Fantsuam Foundation. Also availableatwww.fantsuam.org 13 12 Dada, John Fantsuam Foundation. Also availableatwww.fantsuam.org 11 10 issues governance by compounded actually is It figures. above to led have could that challenges numerous the and Nigeria in ICT for infrastructure supporting the to relate one helps ranking 161 at is Nigeria ranking diffusion ICT global the in globally 31 ranks Nigeria Index Opportunity Digital Africa’s to According countries. 2004. in 3.92% at put is teledensity and 2004 March in 4.7millions to 1996 in lines mobile 400,000 amenities. and services social minimal than less with areas

Ibid n11 Public Bulletins availableathttps://searchbeta.martus.org/servlet/simplesearch Global Information Society Watch Report-Country Reports, At http://www.giswatch.org/gisw2007/download By http://www.giswatch.org/gisw2007/download At Reports, Report-Country Watch Society Information Global By http://www.giswatch.org/gisw2007/download At Reports, Report-Country Watch Society Information Global 12 u hs got a o urned promne o ces i oprsn t other to comparison in access or performance guaranteed not has growth this But 11 The ICT market have grown from grown have market ICT The st (UNCTAD 2005). (UNCTAD st in Africa while Africa in 13 The above The 10

Page1 servers which are expensive and unproductive. While the V-sat are for the big organizations and organizations big the for are V-sat the While unproductive. and expensive are which servers internet frustrating slow very experiences Nigerians as processes a still is course of are These bandwidth. international of use on reliance, heavy reduce and traffic internet local with higher help in centers computers equip and institutions. build to PTDF Fund Development Technology Petroleum the use to is which of Part hardware. computer to access improve to aim with CANI, Initiative Nigerian All for Computers include These development. its for base cohesive more a build and infrastructure ICT the harmonize to ongoing processes of series however are There basis. legal or policy any lacks it as rhetoric mere as viewed be can though This sector. power the within Emergency of State a declared Yaradua Musa President new The figures. factual true release to know generally not is government our as below be really would 3,000 which providing power, megawatts to reduced was Nigeria 2008 at As considerations. sector power as well as 15 14 challenge Another challenge. serious with focus national a of lack as such gaps a existing fill to ability the is society civil is for identified use email minimal even hence overheads, and cost administrative such finance cannot Donors most but Nigeria in NGOs to vital is use Internet INNGOs &ICT NIGERIA organizations. international

Ibid n13 Ibid n13 14 Others include National Rural Telephony Project and Internet exchange points to points exchange Internet and Project Telephony Rural National include Others 15

Page1 Legal Aid Institutions (NULAI Nigeria),(NULAI Institutions Aid Legal under project/programme a is Education Legal Clinics/Clinical Law workingforPrisoners andrights. are currently rights legal their on communities local educate also students The abused. children and homes women their in for mistreated mediate forces, security by detained unjustly people for bail secure to able been have students projects, these Through of Nigeria. in students building law among and lawyering interest public justice to access aid, legal provides Clinics Law The protection. legal man common and average the denied that governance of issues by created factors other and programs, poverty aid legal government by addressed not gap a fill to serve Clinics Law Nigeria, In CLINICS/CLINICALLAW IN LEGALEDUCATION NIGERIA administration.public or education in either software source open and access open standards, open of use the to respect of personalof my experience inthe field, further backing available is at result a as comes written is what of Most Officer. Coordinator/Program Project as Institutions Aid Legal University 17 Dada, John Fantsuam Foundation. Also availableatwww.fantsuam.org 16 are in clinics Nigeria The in Nigeria. law faculty’s University about population law 30%ofthe to its expand to working is programmes education legal clinical brings This clinics. law 4 NULAI additional include to membership Foundation, MacArthur from support with Currently, Institute. and Society Open Initiative Justice Society Open with collaboration in was clinics law these of establishment The coordination. its under legal clinical promoting Clinics Law University NULAI basedlaw clinics a has network of6University accessto justice. aid legal and education, of association an is It 2003. October in

Global Information Society Watch Report-Country Reports, At http://www.giswatch.org/gisw2007/download By http://www.giswatch.org/gisw2007/download At Reports, Report-Country Watch Society Information Global Establishment of Law Clinics in Nigeria was a project I coordinated for the past 5 fives under Network of Network under fives 5 past the for coordinated I project a was Nigeria in Clinics Law of Establishment 16 a non-government organization established in Nigeria in established organization non-government a www.nulainigeria.org 17 Network of University of Network

Page1 HOW CAN MARTUS EMERGINGLAWHOW FITINTO STRUCTURE? CLINCS future. to preemptthe shouldbe developed strategy good documentation any face to yet a that expedient are it makes however focus of area Their problems. data or interference government and emerging are they services, aid legal and justice social on focused mostly are clinics law the that picture been clear a gives This penalty. death those facing those and tortured chargers, without held those example for prisoners various classify and strategy documentation good a develop to need would They Nigeria. in decongestion prison to lead could services prison the that hoped is It clinics. law children and women stages, budding at services on prison to lead has This focusing abuses. and violations different address strategically would that clinics specialization are they However, Universities. various the rural around the for communities services mediation and counseling client free offers presently clinics Law The law programs. street and clinics law women centers, mediation clinics, prison as such clinics specialization towards working durable. Considering that Nigeria at large has a deficient data network and a non-existent data non-existent a and network data deficient a has large at Nigeria that Considering durable. a need would clinics law The reforms. sector legal and justice to contribute would Prison the in especially abuses, rights human and violations The democracy. ensurea societyvibrant could that a beento civil has trying build civilsociety The tenure. his elongate to bid a in process amendment constitutional the Obasanjo manipulate to Olusegun endavoured President then the 2007 in just democracy, transitional a still is Nigeria development. democratic the on depends risk of potential The threat. a or plus a as viewed be either could that impact national huge a make to position a in them puts This monitoring. rights human and justice social in potential of scope wide a have clinics Law above, elaborated As ouetto ytmsystem documentation that can prove can that

Page1 Individually, each Law clinic could use the Martus to secure and store available data. It should It data. available store and secure to Martus the use could clinic Law each Individually, –NULAI. coordinating office central to Martus Law use equally The could reports. clinics transmitting of means secure a provide and offices, different the network to used been is Martus were Rights Human on Commission Philippines the to comparison In law all in faculties. operational fully education legal clinical making on working currently is council legal the and faculties law 34 about has Nigeria needs. justice social meeting in efforts concerted the also is There reports. 2years isreported ofclinic evaluation in lawThis clinics. of the one but all in deficiency of area major a been has system filling the example For clinics. law the to challenge huge a be would documentation proper that assumption right a be would it culture, www.nulainigeria.org 18 to contribution great a be would Martus training. professional year one their for laptop a have mostly were school to students law all for compulsory law it made School Law Nigerian the undergraduate 2008 In illiterate. computer of years five after students law 2008, until sound, may it as Crude movement. global ICT the into students pilot to serve would Martus the Also security. thebest with students. current preserved are interviews that understand they when built be also would confidence Client’s and future for information client securing in ethics legal of culture a build help would Martus The year. each graduate who students by conducted are interviews these that also Law clinics the that noted be

at o h vlain rprs cud b en i in seen be could reports evaluation the of Part potential of networking of potential . it.should benoted also wasthat Ipart of the andteamevaluation wroteall reports. the handles sensitive client files and interviews and files clientsensitivehandles securely transmit reports transmit securely all law clinics across the country to be able to have to able be to country the across clinics law all UA 0420 ciiis Rpr, aalbe at available Report, Activities 2004-2006 NULAI between each other and to the to and other each between 18 . The challenge is challenge . The

Page1 impact positively but the approach does not take a human right form. right aform. nothuman does take approach positively but the impact eventually would which governance good pushing is realities democratic our to due Nigeria in trend current the rights, of human aspect a crucial are rights political Though development. rights human for challenge a faces Nigeria problems. critical on outreach public and advocacy support to violations on information disseminating and analyzing of means a provides also Martus The record secure of rights work. human wouldenhance protection that and data privacy to achieve keeping tools its through students the enable would Martus because is This future. and present for work rights human shape help and students law these to scope wider a create would believe I Martus justice. social to contribute would who lawyers interest public future build and develop to is programme education legal clinical the of objectives main the of One NULAI Nigeria. which isongoing under educationreform legal to contribute and skills IT with them equip would it as students, undergraduate for education legal INFRASTRUCTURAL CHALLENGES TO IN MARTUSCHALLENGES IMPLEMENTATION NIGERIA back? draw possibly be the what indications for Martus, could positive are ifSo there rights human monitor to need violations. the understand must politics and IT, development on focused Education, purely weather social civil all is truth The them. concern not does it as long as violations eyes to blind and turning getting comfortable are of people lot A needed. much very is violations rights human fight to Nigeria in society civil of strength the Rebuilding outreach. public and advocacy for maximized if structure NGOs the into fit well very would Martus The

Page1 most of the purposes. Mostly the Law Clinics would need power maintenance and internet and maintenance cost. maintenance power need would Clinics Law the Mostly purposes. the of most for serve would but efficient very not are that access internet of sort some have all Clinics Law shortwindows oftime.between Martus prevent data upload can of one but access however internet use 24hrs need not does minimal it that in unique a cannot is Martus internet. find to it efforts tremendous drawback, made have Nigeria huge in NGOs a implementation. is this Though perseverance. and ingenuity their for known are Nigerians However, funds. project than for source to difficult more much is this cost, overhead great increasing by a Majorly society. civil poses the of This much to Nigeria. difficulty in infrastructure ICT the of overview brief a was there Above, power related problems as well as virusinvasions. as problems well as related power and software unreliable through data of lost example For needs. NGOs on focus to need may Nigeria in Martus Selling future. near the in or now invasion government against data secure to be may it important how understand not may NGOs most that means This 8years. past the for least at government, Nigerian past threaten to as extent the to abuses rights human of monitoring use to organized and sustained a been not has there because is This facility. storage data is their as Martus it urgent and relevant how of NGOs the convincing however is challenge major A RELEVANCE OF CHALLENGE

Page1 data to reveal numerous human rights violations, which would have assisted as evidence in evidence as assisted have would which violations, rights human numerous reveal to data much so be there will only not era, this during available been have to were Martus Supposing forone year cause. was without detained LibertiesOrganization ofCivil Director the example For cost. all by silenced was Opposition data. relevant other and confiscated property Their threat. under constant rights activist were subsequent execution.Human trialand Sarowiwa Ken as such tribunals military special by trials including committed were atrocities rights human various 1998 and 1993 between dictatorship military Abacha Sani General under how about Archive Society Open in held currently are which of records Maher Laila and SERAC Center Action Economic WTNESS and Social Director a Morka Felix between interview to According 1990s. in introduced been it had monitoring rights human within entrenched been have would and well NGOs Nigerian served have would Martus retrospect, In rights. issuesnot human purely focuses ondevelopment and ICT as competition faces it Nigeria In environment. ICT the in niche a carved having as sold be to needs Martus Laila Maher. Made in New York City April 11, 1996 [Record Item]. Fonds 392, video recordings of WITNESS, of recordings video 392, Fonds Item]. [Record 1996 11, April subfonds City 2, IDSeries 2. Number: ID Tape Title 456, ID BOO243 York New in Made Maher. Laila 19 operations. their any to immediatethreat not perceive may who society civil present the to relevance less its sensitize is to more Martus cost would that it but say now, relevant to not is This sell. under easily era would the Martus during of relevance that the is discussion note to point important The then. societies civil by used been mobilize had Martus would so justice, secure help to Martus into uploaded been is records archives police helped have would it ongoing, still of Guatemala’sdiscovery like Just scale. faster probably and larger a on community international officers military various of trials current

HU OSA 392-2-2: Interview with Felix Morka, Executive Director Social and Economic Action Center, SERAC and SERAC Center, Action Economic and Social Director Executive Morka, Felix with Interview 392-2-2: OSA HU 19 . In the interview, he talks he interview, the In .

Page1 Martus implementation may be a better if not the best strategy for commencement. The Law The commencement. for strategy best the not if better a be may implementation for Martus Clinics Law through going that shown has paper this What not-withstanding. challenges infrastructural the structure, NGOs Nigerian the into fit well would project Martus conclusion, In CONCLUSION the bud. in implementation its nipped have would that campaign massive of cost reducing thereby Nigeria, in Martus of acceptance wide a build help could Clinics Law Hence audience. NGO wider the to servinga fromas pivot their howevercomes advantage andgroup.The target audience smaller a currently also are They relevance. and approach benefit academic from presented if Martus embrace to open more and circle academic the within operate Clinics Law Why? Clinics, Law of case in emerge would answer different a But No. is this to answer The Nigeria. in society civil the for enough be would release, news infrequent about and mouth of information word through mostly disseminating – Martus of way present the whether of question the to comes This data keeping, one needs to build on this by various strategies. byvarious strategies. build one onthis needsto keeping, data and record of culture non the of because Also threat. direct under not are they as long as need the see not may organizations most but issue an be always would course of This data. rights human to threat and invasions government on focused just not and advantages numerous its all with sold and marketed be to needs Martus of relevance the that paper this by established been has It spread wider broad a a it give give coverage. to would capacity the and have not may country that NGOs the few picking of unlike simultaneously regions all across located are Clinics

Page1 The good thing is the potential for replication into the broader NGO structure in NGO Nigeria. structure the into broader forreplication isthe goodthing potential The a providing and NULAI Clinics Nigeria. transmissionthe networkLaw forreport between secure through education legal clinical institutionalizing to immensely contribute also would system Martus The principles. ethics/confidentiality improve and build would students while Clinics, the at conducted interviews and data their with confidence more have can clients security, of level high provides Martus Since assimilation. better to add only would Government the by improvements planned much the and commence to enough is Nigeria ICT in infrastructure The Nigeria. in lacking currently is that culture data a build and system needed much documentation provide would it trained, easily be can students and use to easy is Martus The forum. ideal an it makes rights human and justice social to contribution foreseen its profession, legal great a creates It exploited. be could and education legal the to advantages Its students. the in resource human willing and opportunity that point pivot organized an provide Clinics Law

Page1

Recommended publications