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COVER STORY

A woman of influence

Jennifer Robinson, legal adviser to and the United Liberation Movement for West Papua, is Director of Legal Advocacy for the Bertha Foundation where she established the Bertha Justice Initiative that supports 120 young lawyers in 16 countries to practise “movement lawyering”. JULIE MCCROSSIN speaks to her in London about her work with filmmakers, lawyers and activists and her journey from Bomaderry High on the south coast of NSW to the centre of international legal activism.

t Yale Law School they impressive academic record, Robinson funded family foundation where she They take the really tough cases, cases that caste who become lawyers.” Criminal Court regarding allegations of call it “cause lawyering”. graduated from the Australian National works, shared her frustration. (Robinson no corporate law firm will do pro bono. Robinson is quick to offer further mistreatment and torture in Iraq. This Other law journals University with the university medal in will not say who started the foundation, “We provide incentive funding for examples of their work. was the organisation to get the arrest use the term “radical law and a Distinguished Scholar in Asian saying the founder prefers not to be two years to cover salaries, supervision “In the US, we support the Center for warrant for Donald Rumsfeld for torture lawyering”. At the Bertha Studies and won a Rhodes Scholarship to named.) Robinson has spent three years costs and training associated with Constitutional Rights, who I worked and mistreatment in Abu Ghraib and AFoundation it’s “movement lawyering”. Guantanamo.” Oxford where she graduated from Balliol establishing the Bertha Justice Initiative hosting a new lawyer. We support with on the WikiLeaks issues and the Whatever you call it, 34-year-old with a Bachelor of Civil Law specialising program to offer an alternative. organisations that are cutting edge Chelsea Manning case. They’ve done Does Robinson get involved in Australian lawyer Jennifer Robinson in and “We set out to create a program to and that give emerging young lawyers fantastic work,” she says. “They did the other aspects of the work of the Bertha does it and her goal is to ensure that and a Masters of Philosophy in Public support young or emerging lawyers to experience in doing this work. ‘stop-and-frisk’ litigation in Foundation? The Foundation’s website more human rights lawyers get the International Law. go into public interest legal work and “Unlike a lot of other fellowships and they are doing the case against Scott talks about supporting “enterprise, chance to do it as well. She was encouraged to do two years become human rights lawyers,” she which allow white, predominantly Lively for the persecution of the gay passionate lawyering, storytelling and We meet on a very hot day in late in a corporate law firm and laughs as she says. “We created a two-year fellowship, elite university students to drop into community in Uganda. activists working towards a decent and June on the roof of her office building in remembers her annoyance at this advice. partnering with the most radical human the developing world and get their “In Pakistan, we support the just world”. I ask about the “storytelling” Cavendish Square near Oxford Circus “I was always frustrated by this rights litigating organisations all around experience on the ground doing this Foundation for Fundamental Rights and the role she plays in this work. “On the storytelling side, which I love, in Central London. The park opposite is advice,” she says. “I didn’t want to go the world, to create paid, entry-level work, we’re really committed to building which is seeking accountability for US I get quite involved,” she responds quickly packed with sun-baking office workers and do that. And frankly, I don’t see why opportunities for young lawyers to get local capacity by supporting lawyers drone strikes and to have a former CIA and warmly. “We fund documentary quietly eating their lunch. The small reviewing financial services contracts in their start in this work. Opportunities from the communities in which they station chief prosecuted for ordering films, social justice films and independent roof garden where we talk is surrounded the basement of a magic circle law firm that, unlike in the corporate sector, work and cultivating expertise for local what in effect is extra-judicial murder. journalism. We fund Democracy Now! by flowers of every colour. It is a gentle is ever going to put anyone in good stead didn’t previously exist. people from communities which are We are their primary funder. (a national, daily, independent news setting for a discussion that ranges to litigate on human rights cases. I was “We partner with organisations historically disadvantaged. “In Germany, we support the program in the US). We fund the over many challenging international frustrated that so many bright young that practice what we call ‘movement “In India, for example, we’re European Center for Constitutional and Sundance Film Festival. We fund the legal issues facing some of the most lawyers take this advice and get caught lawyering’. They work together with supporting a number of lawyers from Human Rights which does a lot of trans- disadvantaged people on earth. up in the corporate world.” activist movements and use the law as a the Dalits communities and historically national corporations litigation. They As a young graduate with an The Bertha Foundation, a privately tool to build power for these movements. there has not been a lot of lawyers from also took the UK to the International 

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Clockwise from left: Jennifer Robinson with her horse trainer father Terry on the family’s Berry property; in 2011 with Julian Assange and barrister in London; on the day she as admitted as a solicitor with her mother Lyndy and father.

Sheffield Doc/Fest film festival. We company was accused of bribing local and activists to create social change. n recent years, Robinson has received friendly ones, is not a crime in Australia. go to Sweden and say, ‘He is our citizen. fund a lot of content creation through warlords who were bribing government Because I know as a lawyer, arguing extensive media coverage in her role as In relation to what Robinson describes We don’t want him extradited to the US. grants for social justice documentary officials for access to the park and for one case before a court rarely changes legal adviser to Julian Assange, a role as “the sexual misconduct allegations” Give us an assurance that when he comes films and outreach campaigns to ensure violence and killings of park rangers – and systemic practices causing injustice – look Ishe took up in October 2010. in Sweden, she says, “Julian is waiting to here, he will not be extradited. And we’ll impact with these films. I often assist the film makers had evidence about this at Australia’s system of asylum seeker The founder and publisher of clear his name – he has been offering his take him back to Australia.’ And then what where there are legal issues involved. they wanted to show in the film. detention. Change requires engaging WikiLeaks sought asylum in the testimony since 2010 in order to do so. happens, happens after that.” “We had two films nominated for the “I helped them to develop a legal people, communities and raising awareness Ecuadorian embassy in London in 2012 We continue to ask for assurances that, There is another area of international Oscars last year. Citizenfour, which is a advocacy strategy which enabled to create sufficient political support to to avoid extradition to Sweden to face if he were to return to Sweden to face advocacy conducted by Robinson that documentary about Edward Snowden use of the evidence in the film and reform the system. And sometimes, as the allegations of sex crimes. Assange has trial, he would not be extradited to the receives less media attention. Yet it is and Virunga, a film about Virunga the preparation of a submission of a Virunga example demonstrates, storytelling consistently denied wrongdoing in Sweden US. The reality is that he has spent more highly regarded and shaped her as a National Park in the Congo and the complaint to the UK Serious Fraud and awareness raising can achieve outcomes and expressed concern that, if he went to time in detention than he would ever lawyer. It is the situation in West Papua. practices of a British corporation. Office to have the company investigated that filing any single legal case could not.” Sweden, he could face extradition to the have spent had he been found guilty.” Ben Saul, Professor of International law “When one of our supported films under the Bribery Act. On 1 July, a few days after our interview, US to face charges with heavy penalties. In the week before our meeting, an at the University of Sydney Law School, has legal issues and human rights issues “As a result of the film and the broader newspaper in the United The key concerns, as identified interview with Assange in the Ecuadorian where Robinson is an adjunct lecturer, says: “Jennifer’s work on West Papua is involved, I will often sit down with the advocacy strategy – and the adverse Kingdom reported that the Church of by Robinson, continue to be the embassy in London by Swedish prosecutor important because it is helping to shine film makers to help them articulate the publicity both have caused – a huge England in the UK had “sold its stake in a (unconfirmed) existence of a secret Marianne Ny was cancelled, to the a light on unfinished business from the issues and help them clarify what their amount of money has been divested British oil and gas company over allegations indictment by the US Department of disappointment of Assange. end of the World War II: the promise of campaign will be with the film. from the company. This should act as a of bribery, corruption and human rights Justice with a potential penalty of 45 What does Robinson want the current decolonisation, the self-determination “For example, in the case of Virunga, deterrent to other companies: behaving abuses and what it said was the company’s years in prison if Assange is extradited Australian Government to do? of peoples, and freedom from foreign the filmmakers came to me for advice in this manner will have legal and failure to unequivocally rule out drilling for to the US, insufficient action by the “ has done what Australia occupation. The world, including close about how to hold a British corporation financial consequences. oil in Africa’s oldest national park…Virunga Australian Government on his behalf and should have done, which is to grant neighbours like Australia, has forgotten accountable for its oil exploration “At Bertha, we talk a lot about in the Democratic Republic of Congo, the assertion that credible legal analysis him asylum and to protect him from the West Papuans and the violence done operations in the Congo that were putting cross- collaboration in our work, that is which is a World Heritage site and home to supports the view that the publication of US extradition,” she replies. “The at risk Virunga National Park. The bringing together film makers, lawyers about half the world’s mountain gorillas”. classified material of foreign powers, even Australian Government has the right to 

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Robinson attended in – she simply smiles and says, “She is a dear friend who deserves every accolade.” Amal Clooney works with Geoffrey Robertson QC. Robinson worked as a legal researcher and assistant to Robertson from 2007 to 2009. Robinson describes Robertson and the Hon Justice Michael Kirby as her most influential mentors. She credits her teacher librarian mother, Lyndy Cracknell, with encouraging her educational pursuits and her father, Terry, and her late grandfather, Kevin Robinson, for instilling her work ethic. “My grandfather, who unfortunately passed away 10 years ago, was a legendary horse trainer and my father followed him into the business. So did a lot of my

Jennifer Robinson with Bill Murray and friend at the Clooney wedding in Venice in 2014. family,” she says. “They work so hard. It’s seven days a week. Up at 4 o’clock in the to them. Jennifer’s work is strategically a West Papuan independence leader). He morning. He still rides track work, my dad.” amplifying the voices of these forgotten was a political prisoner who was accused When I ask about her pursuit of Asian people and their search for justice.” of something he didn’t do because of his Studies at university, she points to Paul When I raise the issue in London, political leadership of an organisation Keating and teachers from Bomaderry High. Robinson responds with quick intensity. advocating for independence. “I’m a product of the Paul Keating policy “It’s timely to talk about West Papua “I was just flabbergasted that this of introducing Asian languages in public because the Melanesian Spearhead Group wasn’t on anybody’s radar. It wasn’t schools. I had the wonderful opportunity (MSG) is meeting in Honiara as we speak, being talked about internationally. of studying Indonesian at high school,” deciding whether West Papua will be Nobody was reporting upon it. There she says. “When I was 16, my teachers admitted as a member of the MSG. This was no support for the independence Ms Lymbery and Mrs Fitzgerald took us would make it the first time that the states campaign, when actually the illegal on a school trip to Bali and Sulawesi. It was in that region would recognise West Papua incorporation of West Papua into my first experience of living abroad and it as a separate entity from Indonesia,” she Indonesia is a huge injustice. They have opened my eyes.” explains. (The ABC later reported that the the international law right to exercise the Our conversation in London ends United Liberation Movement for West right to self-determination, in the same suddenly as Robinson is called to her next Papua applied to join the group but was way that East Timor had a vote. meeting. As a young lawyer, there is more given observer status instead.) “I got to know Benny and his family to be done and there will be many more “I got involved in West Papua because, and helped them eventually leave the reasons to thank the teachers of Bomaderry as a student, I went to work in Indonesia,” country and get asylum in the UK. I’ve High for taking their promising student on Robinson says. “I went to work for a been involved since I was 21 and it has her first trip overseas. human rights NGO in West Papua. I dealt been the driving force that solidified in with victims who had been beaten and my mind why I wanted to be a lawyer.” abused by police, women who had been When it comes to her personal life, Julie McCrossin is a writer raped, political activists who were under Robinson prefers to maintain her and trainer who studied law. constant surveillance and threatened with privacy. When I ask about her friend arrest for simply saying what they think. I and fellow lawyer, Amal Alamuddin – worked on Benny Wenda’s trial (Wenda is whose marriage to actor

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