Can litigation make a real difference in countries with a corrupt system of government? According to this article from the Ford Foundation, which documents the work undertaken by Ford Foundation grantees, it can. Through creating new laws and enforcing existing ones, by changing attitudes and creating a culture which respects human rights, public interest litigation has helped to improve the lives of disadvantaged groups in Latin America, Asia, Africa, the Middle East and Eastern Europe. It is only one strand of what must be a multi-faceted approach, but an essential one.
Grantees use a model of group representation where a single lawsuit can benefit many individuals. Lawsuits are put to a variety of uses depending on the country in which they are filed, and while one can not generalise to all systems, key variables shape and are shaped by litigation: The system of government and scope of existing laws; the independence of the judiciary and the operation of the court system; and public attitudes towards law. A number of important points arise from this:
- Public interest litigation relates to a range of other activities; grantees seek to promote broader social, political and economic change through work such as community organising, public education, research and media publicity.
- Its work is therefore reliant on a number of legal and lay individuals with a range of interests and experience.
- Unsuccessful lawsuits are still useful in that they educate the public and may shape public opinion favourably.
- Lawyers in Latin America, Eastern Europe and Africa are seeking to implement international laws through domestic litigation; the results are still unfolding but their educational value must be recognised along with the outcome of cases.
- Such lawsuits are important in helping to draw the attention of the international human rights community.
Examples of lawsuits from different countries highlight the different ways in which litigation can help eradicate injustice, including the reform of laws and the securing of an official recognition of human rights. Raising public awareness of issues, both within the country and abroad, is important as well as securing victories in the courtroom.
- Litigation can document and expose institutionalised injustices even if the lawsuit does not succeed in court: In Chile a record of abuses acquired political importance over time.
- Lawsuits can be an effective media tool: In Nigeria newspapers afraid of reporting a public demonstration against the military regime would however cover a court case, giving needed publicity.
- Lawsuits are necessary to enforce laws consistently, even in democratic regimes where human rights violations can still exist, for example in Latin America.
- Precedent setting can be achieved: In India ‘dalits’ continue to suffer discrimination despite preventive law, but a recent ruling holding the state responsible for providing basic resources and delivery of services will help this.
- International bodies, such as the European Court and Commission of Human Rights, can be effective in extending the scope of international law. Repeated use by lawyers encourage domestic governments to accept international decrees.
