TRAINING PROGRAMME

Introduction

HRDI wishes to share its unique concept of Human Rights development with others.  This training programme can be downloaded and used, with acknowledgement to HRDI for its use.  We welcome its wide distribution throughout the region and internationally.
 
Programme Structure
 
The programme is structured such that we move from the broader to the narrow and focus more deeply as the programme develops. We begin with broad contextual issues and end the programme with students working on two specific cases/issues that we have jointly selected. A brief summary of each phase of the training follows.
 
Phase One - Weeks 1 and 2 “Human Rights is not about what we write or say, but what we do.”
 
The training programme begins with a deep values based discussion aimed at understanding what is meant by “human rights is not about what we write or say, but what we do”.
 
Students explore ideas about human rights careerism, problems with development aid, and other current human rights challenges associated with the changing political landscape in Africa. The idea of this phase is for students to develop a broad understanding of the social, economic and political context, particularly within the Great Lakes Region and Southern Africa. Reflection takes place through guided group discussions, debates, role plays and other interactive processes on pertinent issues within their countries and regions such as democracy, human rights, development, peace, reconciliation and economic and social justice. This is done through discussion that is triggered by simple questions geared at probing and provoking students to enquire deeply into their own background, experience and knowledge. 
 
Phase Two - Weeks 3, 4 and 5 “International, Regional, Sub Regional and Domestic Human Rights Law - Instruments, Standards, Mechanisms and Usefulness”
 
The second phase is geared toward developing a strong foundation and consequently a deep understanding of the basic concepts and vocabulary associated with human rights, the philosophical and historical base upon which much of the current human rights discourse is founded, and basic standards of international and regional human rights as enshrined in the key covenants and interpreted by the various bodies enforcing international and regional human rights norms and standards.
 
The last two weeks of this phase are spent on developing a deep understanding of human rights mechanisms at an international, regional and sub-regional level. Consequently the UN system, the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights, the East African Court of Justice and the SADC Tribunal, the European Court of Human Rights and the Inter-American Court were studied.
 
Phase Three - Week 6 “Site Visits to SA Law Clinics and Public Interest NGOs”
 
The goals of the site visits are to:
 
Expose lawyers to effectively run South African university based law clinics;
Share teaching materials, methodology and resources;
Share experiences with outreach programmes;
Share experiences regarding client and case management systems and procedures;
Share litigation experiences, both within the general practice sphere and within the specialist units and impact litigation where it is carried out; and
Lay the foundation for partnerships between South African ULCs and ULCs and NGOs from other countries within SADC and the Great Lakes Region.
 
Structure of the Site Visits
 
Students were exposed to as much of the clinic operations as was possible within the time constraints of the clinic. They engaged in the following:
 
Discussions with clinic/organisational staff about how the clinic functions, sharing materials etc;
Observation of the classroom teaching component if it fits in with the clinic curriculum and schedule, including sharing of teaching materials;
Observation of client intake followed by discussions with the interviewers about the cases and how they will be handled;
Review of certain case files if possible, including sharing the filing and case management system;
Observation of supervision sessions with students;
Observation of the outreach programme and back-up legal service programme where applicable, including a discussion on how it is managed;
Observation of court work/negotiations/mediations in cases;
Observation of impact litigation if this takes place.
 
Placement of Students with Appropriate Institutions
 
Students were placed with institutions bearing in mind the challenges faced by their home institutions and themselves as lawyers.   We have partnerships with the University of the North West, Mafikeng Campus, as well as the University of the Witwatersrand and the Legal Resources Centre which enable us to make appropriate learning placements for students.
 
Tools to Assist with the Learning Process during Site Visits
 
Students are asked to write a reflective journal during their site visits. They are required to write at least 1-2 pages daily. This tool is necessary to enable them to process their experiences and enhance the learning dimension of it for themselves. In view of the fact that the time is limited, they are encouraged to reflect each day upon what they learned – about themselves, their organisation, the organisation they are allocated to and its strengths and weaknesses. Ultimately this process leads to the student being more likely to learn even more, observe even more deeply and develop plans to improve themselves and their institutions. 
 
Phase Four - Weeks 7, 8, 9, 10 and 11 “HIV and Human Rights - Global Perspectives, Rights Based Approaches, Current Development and Specific Intersection between Key Human Rights Guarantees and HIV”
 
During this phase, students begin to focus more deeply on HIV and Human Rights. Starting with global perspectives and moving on to current developments within this fast moving and highly evolving sector. Medico-legal, socio-psychological and rights based approaches to stigma, discrimination and ostracisation were facilitated by medical doctors, psychologists, practicing lawyers and law teachers.
 
In view of our focus on the two sub-regions and on non-discrimination and equality, we look at international standards regarding HIV, equality and non-discrimination and thereafter, specific challenges within the Great Lakes and SADC regions.
 
Each year the team has made an effort to ensure that this phase of the training programme improves upon the previous year and that the topics covered are as comprehensive as possible. Consequently, topics such as Witchcraft, Human Rights and HIV, Climate Change, Human Rights and HIV and a more in-depth focus on Human Trafficking and HIV were included in 2008.
 
 
Phase Five - Week 12 “The Retreat - to Select Cases/Issues”
 
The proactive approach to legal services is discussed more fully below. The selection of issues/cases after consultation with community based organisations at this retreat forms an important stage in that broad strategy.
 
During the retreat, students report to each other regarding their findings during the consultative process undertaken before they began the training programme. They are also given feedback on the issues/cases selected in previous years. Thereafter they recap on the classes that were offered by guest teachers during the preceding phase (phase 4) focusing specifically on the possible areas of intervention that emerged from those sessions. They then develop a set of criteria to use when making their choices. In the final stages, they break up into the sub regions and apply the criteria to issues raised during their consultations and by the guest teachers. The whole group then reaches agreement on the issues/cases to be dealt with.
 
The selection criteria agreed upon was as follows:
 
Consultative Process – What communities said
It should affect a cross section of countries
It poses a grave threat to society even though communities might not have raised it
Avoid duplication – with other organisations and with issues chosen previously
Affects a large number of people within society mostly the vulnerable groups – poor, women, children, prisoners etc
Circumstances where lawyers can be helpful
Realistic and achievable within the context
Balance regional issues but do not neglect burning issues that might affect only a few countries
HRDI’s objectives and partner organisation’s objectives
Passion/interest for issues
Potential impact should be far reaching
Skills and knowledge base of the implementing team
 
After due consideration and careful application of the criteria the following issues were selected:
 
Effective Access to Treatment (including medication, food, water, sanitation)
Human Trafficking in the build up to the 2010 World Cup
Access to Justice for PLWA in the DRC
 
These issues will form the basis for the work that will done during the next phase.
 
Phase Six - Weeks 13, 14, 15, 16 and 17 “Developing Comprehensive Strategies to Address Root Causes of Problems and Proactively Develop Legal Services Dimension”
 
During this phase, students work in three teams. Each team works on one of the issues selected above.
 
They are guided through a process during which they at first define, analyse and identify the root causes of the issue, and contextualise their case/issue within the socio-economic, political and human rights landscape. In addition they look at how other stakeholders affect the problem or are affected by it.  Thereafter they determine what social, political, economic and human rights impact is sought, and develop appropriate intervention strategies. Further in-depth discussions are held regarding the application of litigation, negotiation, media and legislative advocacy as it applies to the specific case/issue. Ultimately, they develop an implementation plan that would guide them in their work when they return to their home countries.
 
The emphasis is on Human Rights not being about what we write or say, but about what we do.