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Venablecares SPRING 2005 Venable Cares There are numerous reasons why lawyers at Venable participate in pro bono work. Many of us are motivated by a simple desire to help those in our community less fortunate than us. While our exposure to poverty and deprivation generally comes from our newspaper reading and television watching, we nonetheless realize that our efforts are able to relieve some of the burdens borne by some of the disadvantaged. The pages of this newsletter recount the efforts of several of our colleagues. There are, of course, other reasons why so many at our firm take up pro bono work. Some of us think of pro bono benefits in terms of personal satisfaction and skills development. These factors are surely a result of volunteering for pro bono work, and are real incentives for many. Indeed, several firm attorneys have told me of their most rewarding client experience as having been a pro bono matter. Others speak of arguing their first appeal, negotiating their first settlement, closing their first deal, or having taken their first deposition—all on behalf of a pro bono client. Whatever the factors that have motivated firm attorneys, I urge you to continue, or to join for the first time, in these efforts. The firm increased its output on behalf of our pro bono clients to over 18,000 hours in the past year. That is a significant contribution to the community, and our efforts have been recognized and applauded by our clients, the courts and by legal publications. As our pro bono program continues its growth, it provides great opportunities in terms of training, close contact with corporate clients and in enhancing the institutional reputation of the firm, as well as adding to the quality of life at Venable. Gerry Treanor Contents Pro Bono Coordinator Venable Helps Human Rights Venable Helps Human Rights Group Group Fight Bonded Slavery in South Asia 1 Fight Bonded Slavery in South Asia Robert Wilkins Named to “[Bonded laborers] are non-beings, exiles of civilization, living a life worse than that of animals, for District of Columbia Access the animals are at least free to roam about as they like…This system, under which one person can be to Justice Commission 3 bonded to provide labor for another for years and years until an alleged debt is supposed to be wiped out, which never seems to happen during the lifetime of the bonded laborer, is totally incompatible with 1 Geoff Garinther Receives the new egalitarian socio-economic order which we have promised to build….” U.S. District Court — Indian Supreme Court Justice P.N. Bhagwati Pro Bono Service Award 3 The country of India is a study in contrasts. As profiled in the November 2004 Global Issue of The American Lawyer magazine, India, the world’s largest democracy, has a surging economy, a rich cultural Election Protection: Venable history, beautiful and diverse geography, and a relatively advanced legal system. At the same time, India Lawyers Making a Difference is a country of great poverty. Approximately one third of the world’s poor live in India and over ten million of in the 2004 Election 4 these poor men, women and children are trapped in bonded slavery. While the bonded labor system was abolished in India by statute in 1976, bonded slavery continues to exist due to poverty, caste-based discrimination, and corruption. In 2003, Venable’s pro bono program helped the International Justice Mission (“IJM”), a human rights organization headquartered in Washington, D.C., obtain funding for a new program to fight bonded slavery in India. The program, the Bonded Labour “Freedom Fund Initiative” was financed, in significant part through an continued on page 2 1 Bhagwati, P.N.(1982) cited by http://www.antislavery.org/homepage/campaign/bondedinfo.htm. Venable Cares continued from front affiliate of the World Bank, the Consultative Group to Assist the Poorest. Through the Freedom Fund initiative, IJM is securing the release of bonded slaves, holding perpetrators accountable, restoring former victims and protecting those at-risk from future bonded slavery. Venable attorneys played a key role in assisting IJM in launching this program. 2 Jeff Pankratz took a one-year leave of absence in 2003/2004 to live with his family and work in southern India to help with the program. Gerry Treanor, Jackie Bottash and IJM investigators a number of Venable attorneys and other staff supported this work from and attorneys assist Venable’s Washington, D.C. office. For example, Lindsay Meyer and Darryl government officials Austin assisted Jeff in drafting contracts between IJM and local Indian-based in securing the nonprofit organizations. Radhi Thayu, Kavita Lepping, and David Dickman release of bonded provided research regarding domestic and international laws and funding slaves from rice mills, programs. Mike White and Barbara Huff from Venable’s IT Department used rock quarries and their technical skills to support the design of a secure extranet website, the brick kilns . “Bonded Child Labour Reporter,” which provides research and related tools for advocates addressing bonded slavery. “It was a very rewarding year,” said Jeff. “Venable’s efforts combined with the tireless work of Indian nationals affiliated with IJM on the ground led to the freedom of over 500 bonded slaves in three districts in southern India.” Through the Freedom Fund Initiative, former victims have found new jobs, launched microenterprises (such as brick kiln, rock quarry and animal husbandry businesses) and enrolled children who were previously forced to work 6-7 days per week under grueling conditions in school. In addition, this work is laying the foundation to create an even greater impact in the future through building the capacity of the local government and human rights community to fight this multifaceted problem. RIGHT: After IJM and local officials raided a brick kiln IJM’s Holistic Strategy – Release, Accountability, Restoration and Capacity Building where many families were held in bonded slavery, a mother The Freedom Fund Initiative combines: (1) legal and investigative work to secure the release and her children eat their first of bonded slaves and hold perpetrators accountable; (2) innovative microfinance products (small meal in freedom. loans, savings accounts and other financial services to provide former slaves with access to capital); (3) customized social service delivery; and (4) government and civil society capacity building. BELOW: IJM works with According to Jeff, “IJM’s strategy is to foster the creation of an environment where workers can prosecutors to ensure permanently break free from bondage through aggressive casework, the prosecution of perpetrators, perpetrators are held and the delivery of quality restoration services, including access to capital.” accountable under India’s IJM accepts cases of bonded slavery where the legal elements are firmly established and Bonded Labour System various compelling factors exist such as the use of child labor, physical and verbal abuse, (Abolition) Act. dangerous working conditions, geographic displacement, generational bondage and instances where victims have been forced to repay illegal loans multiple times. Jeff explained, “based on the evidence gathered, a detailed complaint is filed with local government officials requesting an enquiry into the illegal activity and the issuance of an official release certificate to each victim.” After the victims have secured their freedom, IJM works with local prosecutors and other government officials to ensure that owners of bonded slaves and their agents are held accountable for their actions Through the Freedom Fund Initiative, IJM has established a partnership with an India- based microenterprise development organization, The Bridge Foundation (“TBF”). TBF and its In-House Pro Bono Referral network of nonprofit organizations deliver small loans (micro-loans), assist in the establishment Guide Now on Venue of special bank accounts (“individual development accounts”) and provide other microenterprise development and social service assistance to released bonded laborers and those at-risk of bondage. Need to find a colleague with experience in a Jeff said he encountered many inspiring stories while in India, such as the story of Madesh. Madesh, particular area of pro bono law? Venable his wife and small children were trapped within a four-acre walled complex where they were forced to live and employees can do so now by going to Venue and work under gruelling conditions making hundreds of bricks a day. Through IJM and local authority efforts, clicking on the link under the Pro Bono headline. his family and more than 100 other victims secured their freedom. Using his new-found freedom, Madesh Listed are attorneys and paralegals who have initially tried his hand at farming but this venture failed after a herd of wild elephants destroyed worked on specific types of pro bono cases and continued on page 3 gained experience which they can share with others throughout the firm. Venable Cares IJM’s Holistic Strategy.....continued his newly harvested crops. Undaunted, he moved to a new village. Using the skills he developed as LEFT: Madesh, a bonded slave, he launched a brick kiln business. at his brick kiln 3 Thanks to his sheer determination and access to capital through the Freedom Fund Initiative BELOW: Receiving his his business is growing. Some of Madesh’s new individual Robert Wilkins Named to District of fellow freed bonded slaves joined him in his development account Columbia Access to Justice Commission brick kiln business. Others are securing new at a local Indian bank employment through agriculture, animal On March 7, 2005, Chief Judge Annice husbandry and other small businesses. Wagner, on behalf of the District of Columbia Court of Appeals, swore in the 17 members of the District of Next Steps – Bringing IJM’s Work to Greater Columbia Access to Justice Scale in South Asia Commission, a new body Jeff, Radhi Thayu, Dave Dickman and Kavita that will propose ways to Lepping have continued to work for IJM from make lawyers and access Venable’s D.C.
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