International Human Rights Law Clinic
In an era of rapid change caused by rising global interdependence, the International Human Rights Law Clinic (IHRLC) at the UC Berkeley School of Law pursues a dual mission: promoting justice at home and abroad and training attorneys for a changing profession. IHRLC marshals the resources of the faculty and students of UC Berkeley to advance the struggle for human rights on behalf of individuals and marginalized communities. It clarifies complex issues, develops innovative policy solutions, and engages in vigorous advocacy. At the same time, IHRLC prepares graduates for an increasingly diverse, competitive, and international legal profession. One of the leading human rights clinics in the country, IHRLC takes advantage of its home in California, the largest and most diverse state in the nation, and builds on Berkeley Law’s commitment to international engagement. Since 1998, IHRLC has completed dozens of projects and trained over 200 students. Learn about the latest clinic news below or read our publications.
Dear IHRLC Friends:
During 2014, you stood for justice by supporting the International Human Rights Law Clinic in small and big ways: you liked our Facebook page, wore our anniversary t-shirts, mentored our students, financed a summer fellowship program, participated in our events, and made financial gifts.
With your help, we advanced justice for our clients and provided our students with a transformative educational experience. For a quick recap of our activities in 2014, please read our annual newsletter.
We need your support in 2015 to meet new challenges and take advantage of new opportunities.
As IHRLC friends, you know the profound impact IHRLC has on our students. Providing Berkeley Law students the opportunity to gain hands-on legal experience and strong mentorship equips them to enter the profession ready to practice at a time of increased job competition.
Dean Choudhry brings to Boalt his experience directing an international clinic and he is committed to expanding experiential learning at the law school. We are optimistic about the future of clinical education at Boalt.
During 2015, IHRLC will work on cutting edge projects in the multiple areas of pressing need including, accountability for human rights abuses, corporate accountability, immigrants’ rights, and more. Through litigation, policy analysis, fact-finding, and advocacy we will continue to move the cause of justice forward at home and abroad.
Please stand with us for justice in 2015 by making a gift online or by sending a check payable to "UC Regents/Berkeley Law International Human Rights Law Clinic" to UC Berkeley School of Law, Boalt Hall Alumni Center, 2850 Telegraph Ave., Suite 500, Berkeley, CA 94704-7220. If you would like to direct your donation to our Summer Fellowship please let us know in the comment box online or note your preference on your check.
Thank you for supporting our students and our work to promote human rights.
Laurel E. Fletcher Clinical Professor and Director, International Human Rights Law Clinic
Persuasive Powers: Clinic’s Work Shapes UN Report on US Torture
By Andrew Cohen
A Berkeley Law clinic’s influence on global human rights issues is evident in a new report from the United Nations Committee against Torture (UNCAT). In its searing review of the United States’ record, UNCAT cited a major Guantanamo Bay study by the International Human Rights Law Clinic (IHRLC), endorsed language the clinic proposed for defining torture, and echoed the clinic’s call for redress for former Guantanamo detainees.
Over two days of hearings last month in Geneva, IHRLC—represented by director and clinical Professor Laurel Fletcher and students Bina Patel ’16 and Shanita Farris ’16—joined other civil society groups who voiced their concerns to UNCAT members and U.S. government officials. The clinic wrote one of 60 shadow reports submitted to the committee on various human rights issues.
Each UN treaty has a monitoring body of 10 independent experts who review reports on nations that ratified the treaty. The committee then issues concluding observations about what each nation is doing well, and where it needs to improve to comply with the treaty obligations. The UNCAT review—its first of the U.S. since 2006—identified several transgressions against international standards of human rights such as water-boarding, police brutality, and mistreatment of pregnant prisoners.
“This was a great chance for us to draw attention to our findings in the context of the first review of the Obama Administration,” Fletcher said. “The U.S. is only party to three UN human rights international treaties, so there aren’t many opportunities on an international stage to review U.S. compliance.”
Patel and Farris prepared the clinic’s shadow report, which focused on the definition of torture and proposed consequences to treaty violations, with Berkeley Law’s Human Rights Center and the Center on Constitutional Rights. Those groups helped IHRLC produce its groundbreaking 2008 study on former Guantanamo detainees—who were held for years without being charged before their release—and endured lasting economic, physical, and psychological harms.
Fletcher and Human Rights Center Faculty Director Eric Stover traveled to nine countries, speaking with 62 former detainees. They also talked to 50 others who had been stationed at the naval base or had worked around the Guantanamo system—including U.S. government, military, and civilian personnel, and the detainees’ lawyers. Citing the study’s harrowing findings, IHRLC advocated for a definition of physical torture that included the cumulative effect of isolated acts.
“Our evidence of what detainees had experienced, as well as scientific literature, showed that torture and illegal cruelty can come about not just from a single incident, but from the aggregate of seemingly less severe treatments,” Fletcher said. “In isolation, such an act may not rise to that level. But, when you take them together, it can result in torture.”
Learning to lobby
In Geneva, Patel and Farris lobbied UNCAT members to include the clinic’s recommendations in their final report. “Beforehand, we discussed strategy for how to talk to members of the U.S. government delegation,” Farris said. “We also discussed how to approach committee members who’d be asking the delegation questions.”
Those efforts clearly paid off when UNCAT member Kening Zhang of China cited the clinic’s Guantanamo report while questioning the U.S. government delegation.
“He was the first person we approached, sort of as a warmup, before talking to other committee members we thought we’d have more of an in with,” Farris said. “But he was surprisingly receptive.” Patel noted how “it’s very rare that a committee member directly quotes a report by name. That was really exciting.”
The UNCAT report proved even more exciting, as the committee—recognizing the ill-treatment that can arise from the impact of seemingly smaller injuries—used the term “cumulative effect” for the first time: “The Committee … notes the studies received on the cumulative effect that the conditions of detention and treatment in Guantanamo have had on the psychological health of detainees.”
The clinic’s arguments were also plainly heard regarding redress for victimized detainees: “The Committee calls upon the State party to take immediate and effective measures to...Investigate allegations of detainee abuse, including torture and ill treatment, appropriately prosecute those responsible, and ensure effective redress for victims;...”
While in Geneva, Farris provided regular hearing updates on social media while Patel took copious notes. They also met with other human rights organizations and helped coordinate side events for U.S. civil society members—which included former Guantanamo detainees, those affected by police actions in Ferguson, and former transgender prisoners.
“It’s easy to treat these issues as conceptual or theoretical when you’re conducting research,” Patel said. “But being in a room with people directly impacted by mistreatment and hearing their personal accounts of what happened to them, that brings an emotional component to all of this.”
Stake Holders Tackle Environmental Issues for United Nations Review
Lupe Aguirre ’16, Neelam Mohammed ’16, UN Special Rapporteur on the human right to safe drinking water and sanitation Catarina De Albuquerque, Leslie Morales '16, and International Human Rights Law Clinic instructor Allison Davenport '04
By Andrew Cohen
The human rights implications of several environmental practices took center stage recently during a compelling event at Berkeley Law. A clear takeaway from the Consultation on Environmental Issues: the United States faces challenges as diverse and expansive as the country itself.
The gathering was part of the Universal Periodic Review, a process through which the United Nations Human Rights Council assesses the human rights records of member states. Each UN member is encouraged to engage relevant actors on key issues related to the review. In January, the U.S. government will submit a report to the Council in advance of its spring review.
The Consultation—the only one held on environmental issues in the U.S.—was organized by the International Human Rights Law Clinic (IHRLC). Clinic students Lupe Aguirre ’16, Neelam Mohammed ’16, and Leslie Morales ’16 helped coordinate the event, which brought high-level officials from seven federal agencies to Berkeley Law—including the Department of State, the Environmental Protection Agency, and the Department of the Interior, among others.
“These students worked tirelessly over the course of several months in planning for this,” said IHRLC clinical instructor Allison Davenport ’04. “The Consultation was an opportunity to see first-hand how human rights are made real for communities, and how the public can help identify gaps in fulfilling those rights and provide important input in creating solutions.”
Non-profit leaders, academics, and other private-sector experts joined the government officials in airing and addressing concerns related to climate change, water, and public health. In addition to those in attendance, participants included dozens of others from Boston to Alaska—including a tribal council officer, geologist, sociology professor, and reverend—who took part via conference call.
Davenport called the event “yet another avenue for us to facilitate engagement between the public and government officials on these crucial issues.”
Navigating Water Hazards
While California became the first state to legislate that all human beings have a right to safe drinking water in 2012, Consultation participants noted a growing number of obstacles to realizing that right.
Colin Bailey of the Environmental Justice Coalition for Water noted that 20 million Americans get their drinking water from initially-contaminated sources—2 million of whom in areas with no decontaminating mechanisms. “A disproportionate number of minorities and low-income people live in these areas,” Bailey said.
Patricia Jones of the Unitarian Universalist Service Committee described how more families are facing economic strife at a time when more utilities are raising their rates. “We’ve had mass shutoffs in Detroit, an average water bill of $50 per head per month in Boston, and huge late-payment fees across the country,” she said. “We need to talk seriously about the effect of these punitive measures.”
Omar Carrillo of the Community Water Center in California’s Central Valley explained how the ongoing drought has exacerbated water problems for low-income communities. “We’re seeing growing levels of nitrates, arsenic, and other chemicals in their water,” he said, noting the emergence of black-market water peddlers in poor areas.
“Access to safe and affordable drinking water isn’t only a technical question, but a financial one,” said Michael Kiparsky of the Center for Law, Energy & the Environment (CLEE). “Not having that access can have impacts that go well beyond the lack of water alone.”
The associate director of CLEE’s Wheeler Institute for Water Law and Policy, Kiparsky moderated a panel discussion of the myriad water-related dilemmas facing California and the nation—a continuation of Berkeley Law’s wide-ranging efforts on water issues—and Professor Daniel Farber moderated an earlier panel on climate change.
A Continuing Effort
IHRLC’s work on the right to water began in 2012 when Dr. Inga Winkler—legal adviser to the UN Special Rapporteur on the human right to safe drinking water and sanitation, Catarina De Albuquerque—spent six months in residence at the clinic. IHRLC hosted De Albuquerque on Oct. 24, when she met with clinic students and gave a public talk on campus.
The UN’s top water law authority since 2008, De Albuquerque conducted a formal mission to the U.S. in 2011. She made several recommendations in her report to the UN about the needs of marginalized communities in California—which boosted efforts to pass state legislation on the issue.
Last year, IHRLC released a report on California’s Human Right to Water Bill that provided an implementation framework for state agencies. “We’ve continued to engage with agency officials on implementation of the law,” Davenport said. “In November 2013, we hosted a convening of agency representatives in Sacramento, where we developed an implementation tool for agencies to adopt and use in their work to ensure marginalized communities are considered in forming water policies and related practices. This year, we’ve focused on bringing the attention of international bodies to the issues, which the current drought crisis is making even more acute.”
IHRLC pursued that goal by filing reports with the UN Committee on the Elimination of Racial Discrimination in August, and with the UN Human Rights Council in September. Both focused on water issues in California, in particular those facing low-income rural and indigenous communities. While the challenges are many, clinic leaders plan to continue their efforts at both the local and international levels to promote universal access to safe and affordable water.
IHRLC Releases Shadow Report to Torture Committee on Guantanamo
October 6, 2014
Last week, the International Human Rights Law Clinic submitted a shadow report to the UN Committee Against Torture regarding the effects of US detention on detainees released from Guantanamo Bay. The Committee is holding hearings next month in Geneva to review US compliance with the treaty.
Filed jointly with the law school’s Human Rights Center and the Center for Constitutional Rights, the shadow report, entitled The United States’ Compliance with the United Nations Convention Against Torture with Respect to Guantánamo Bay Detainees and the Cumulative Impact of Confinement, the Abuse of Detainees Post Release, and the Right to Redress, presents empirical data drawn from a 2008 study conducted by the reporting organizations regarding the treatment and effects of detention on former Guantánamo Bay detainees.
The shadow report documents the cumulative effect of indefinite detention and abuse experienced by some Guantánamo detainees and argues that this constitutes torture or cruel, inhuman or degrading treatment. The report also provides data about the economic, psychological, physical, and social harm former detainees suffer as a result of their detention.
The report recommends that the US government establish a comprehensive reintegration program for former detainees as well as a fair and adequate procedure to compensate former detainees for torture and ill-treatment.
The IHRLC student team of Shanita Farris ’16 and Bina Patel ’16 will travel to Geneva in November to attend the hearing and present the report.
New Clinic Fellowship Awarded to Katie Lynn Anderson '15
By Andrew Cohen
As the first recipient of the International Human Rights Law Clinic’s new summer fellowship, Katie Lynn Anderson ’15 wasted no time showing why she was chosen. With the ink on her final exams barely dry, she dived right into a busy internship at Pangea Legal Services in San Francisco.
“Within a week, I was asked to do all kinds of work to support Pangea’s mission of helping immigrant communities,” Anderson said. “I was in Sacramento lobbying for immigrant-friendly bills, in court working on deportation defense cases, and in the office developing training and education programs. It’s been a whirlwind, and a very positive experience.”
Anderson was chosen for the fellowship by a committee of International Human Rights Law Clinic (IHRLC) alumni that reviewed applications. Launched by a $10,000 anchor gift from former clinic student Kathleen Janus ’03 and her husband, Ted Janus, the IHRLC Alumni Summer Fellowship aims to provide valuable training for select Berkeley Law students during the summer after their second year. Anderson will receive a $5,000 stipend for her summer work.
“When I was a law student, the clinic gave me so many tools to be an effective lawyer and to make a real difference in people’s lives,” Kathleen Janus said upon launching the fellowship. “The hands-on experience and strong mentoring I received there transformed the way I approached the practice of law.”
Janus teaches International Human Rights at Berkeley Law and serves on the boards of the law school’s alumni association and Human Rights Center. She is a co-founder of Spark, a network of millennial philanthropists that aims to increase both investment in women’s organizations and the number of young people who give to women’s causes. It has grown to more than 10,000 people worldwide who have collectively raised over $1.5 million to promote gender equality.
With continued donations augmenting the Janus’ gift, IHRLC leaders hope to fund multiple fellowships that enable students to work with some of the clinic’s partner organizations.
“Our over-arching goal is to provide students with opportunities for real-word experience in human rights advocacy,” clinic instructor Allison Davenport ’04 said. “Depending on the amount of future donations and number of future applicants, the fellowship may expand to two students per year going forward. Human rights law is a tough field to break into, and we want to give our committed students every possible advantage.”
As a first-year student, Anderson tackled human rights projects almost immediately. She worked with the California Asylum Representation Clinic—one of the law schools’ Student-Initiated Legal Services Projects. Last summer, she interned at the California Appellate Project assisting counsel representing clients on death row, often working directly with clients to gather information and evidence for their habeas petitions.
Anderson joined IHRLC in the fall semester of her second year and worked on a year-long project to provide redress to victims of human rights violations stemming from internal armed conflict in India. In February, she traveled to Nepal with Guneet Kaur ’14, Ingrid Perez ’15, and clinic Director Laurel Fletcher to present their legal analyses on the right to compensation for harms endured. The clinic team met with scholars and lawyers to discuss how international and state laws might intersect to protect civilians, how to best promote the principles of a “right to remedy,” and how to enforce those rights.
“That trip contextualized the work I was doing,” Anderson said. “We’d been conducting a lot of legal research and at times the work felt abstract. But meeting with advocates working on the ground in India, it brought home how important human rights work is and how crucial it is for states to establish effective remedy mechanisms for victims.”
While looking for a summer internship with a group that advocated for marginalized populations in need of legal services, Anderson spoke to a former Pangea intern to find out more about the organization. Pangea’s strategy and mission aligned with Anderson’s values, as did its client-driven policy work with client-centered strategies.
“Human rights law is not an easy thing to navigate,” she said. “But that means there’s a lot of room for creative strategies and problem-solving to effectuate change. Pangea is a growing organization that relies on its two summer interns and treats us as if we were lawyers, while still providing key mentorship and support. I’m so grateful that this fellowship enabled me to work here.”
The International Human Rights Law Clinic’s 15-year Legacy
By Leslie A. Gordon
Fifteen years after its launch, the International Human Rights Law Clinic (IHRLC) is considered one of the leading human rights clinics in the country with three full-time instructors who oversee 25 students per semester. “The growth reflects the interests of students, the support from the school, and the alums and friends who fund us,” explained clinical professor Laurel E. Fletcher, now the clinic’s director. “We put students at the cutting edge of the human rights movement.”
Roxanna Altholz ’99, now the clinic’s associate director, was one of its first students. With family from Colombia, Altholz had witnessed first-hand the impact of armed conflict and pledged to forge a career in human rights. She chose to enroll at Berkeley Law specifically to gain practical experience with IHRLC.
The clinic’s mission matched her own: to promote human rights on behalf of individuals and marginalized communities at home and abroad; to develop innovative policy solutions; and to engage in vigorous advocacy—all with the ultimate goal of preparing graduates for law practice.
“I lived at the clinic,” recalled Altholz, who worked alongside seven other students and two faculty members on cases and projects. “It was the heart of my law school experience and really formed the foundation of my career.”
After graduating in 1999, Altholz – with encouragement from Fletcher, an early clinic faculty member – worked in Kosovo on a United Nations mission. Altholz later returned to the U.S. to represent death row inmates and then joined an organization suing governments responsible for human rights atrocities in Latin America. She came back to the IHRLC as an instructor in 2005. “One of the most important aspects of the clinic is the mentorship students receive. It extends beyond graduation,” she said.
Since the clinic’s inception, Fletcher has added programming to bring human rights home. “We want to domesticate human rights protections in the U.S. and in local communities,” she said. The clinic also seeks to promote a broader definition of who’s been victimized, such as the LGBT community in El Salvador and male survivors of conflict-related sexual violence in Uganda. “As a result, we’ve helped extend human rights to groups that have been overlooked and in the process opened up opportunities for our students to make a difference in the lives of human rights victims.”
Fletcher notes three high points among many from the clinic’s 15 years. The IHRLC won its very first case, which was related to discriminatory practices against children of Haitian ancestry in the Dominican Republic. “We made precedent with our victory,” Fletcher explained, “and it showed we could handle complex litigation at the highest level.”
Another highlight was the clinic’s work on behalf of Guantanamo detainees, who, Fletcher said, “were not convicted of any crimes, but got ensnared in the post-9-11 conflict.” The clinic’s work resulted in a book about the detainees’ experiences. “We made a contribution to an urgent issue and offered a perspective that had not received adequate attention.”
The IHRLC also obtained a ground-breaking judgment from the Inter-American Court of Human Rights (an arm of the Organization of American States) regarding forced disappearances during Guatemala’s civil war. The clinic litigated the case, with Altholz as the lead attorney, in partnership with a Guatemalan human rights organization. The Inter-American Court found that Guatemala had not only abducted, tortured and secretly executed individuals, but had also engaged in threats and intimidation of the victims’ families.
Like Altholz, other clinic alums went on to rewarding careers in human rights law. Elise Keppler now works as associate director of the International Justice Program at Human Rights Watch. After graduating from Berkeley Law in 2001 and spending 18 months at a law firm, Keppler was so “desperate” to return to the human rights work that she quit her job and volunteered at Human Rights Watch until a paying position opened up.
“Working at the IHRLC was hugely formative for me,” Keppler said. “Because of my training at the clinic, I understand the need to be creative and strategic in formulating my responses to real world problems. From my perspective, the role of clinics in general, and human rights clinics in particular, are absolutely essential to the stature of the law school.”
Looking ahead to the clinic’s future, Fletcher is focused on “maintaining our vibrancy,” she said. “I want to focus on deepening the work we do and keeping on the frontier, the leading edge of the human rights movement.” Helping students secure human rights jobs upon graduation is a high priority for Fletcher.
For her part, Altholz believes the IHRLC offers “unparalleled opportunities” for students who want to work in the field. “They get the expert mentorship of the faculty, whose primary interest is the students’ success,” she said. “They teach students to undertake human rights cases with humility and ethics. That’s why students orbit around the clinic even after graduation: because of the high standard and the kinds of projects we do.”
The clinic’s 15th anniversary will be honored during Alumni Weekend with a panel discussion, “Bringing War Criminals to Justice,” on Saturday, Sept. 28, followed by a celebratory dinner.
Berkeley Law Program Helps UC’s Undocumented Students
By Andrew Cohen
Yurie Iwako needed to process the sub-standard hospital care her father received before he passed away. Nina Smirnov needed to move beyond sub-minimum wage, below-the-radar jobs to better support her family. Cristian Aguilar needed to know he wasn’t alone.
They and more than 100 other UC Berkeley undocumented students have received life-changing legal advice from the new Legal Services Program, run by Berkeley Law’s International Human Rights Law Clinic (IHRLC). But while grateful for the program’s tactical guidance in their quest for citizenship, Iwako, Aguilar, and Smirnov are even more grateful for the sense of validation and belonging it has instilled.
“Being undocumented and trying to make your way through college can be a very lonely and isolating experience,” Aguilar said. “The help we get from Berkeley Law gives us a safe space to share our experiences and connect with other undocumented students. Now we don’t have to live in the shadows anymore.”
Led by IHRLC clinical instructor Allison Davenport ’04, the program helps UC Berkeley students determine their eligibility for “deferred action”—a reprieve from deportation under an immigration category known as Deferred Action for Childhood Arrivals (DACA)—and other forms of immigration status.
Created last year, DACA allows undocumented immigrants to receive a work permit, Social Security number, state I.D. card, and driver’s license. It also enables them to work legally for the first time. Announced by President Obama in summer 2012 as an interim measure while Washington hashes out immigration reform, DACA provides protection for two years with the prospect of extensions.
Under Davenport’s supervision, Berkeley Law students Genna Beier ’14 and Habiba Simjee ’14 conduct outreach and consult with potential deferred action beneficiaries. Those who are eligible are matched with either a pro bono attorney or community organization to take their case, depending on its complexity. This year, their work will also involve a research project conducting detailed surveys of undocumented students who participate.
“I love this project because it’s such a great model,” Simjee said. “It combines a lot of elements of what I want to learn—doing outreach, collaborating with other groups on campus, and being part of timely immigration reform work.”
A community organizer before coming to Berkeley Law, Beier worked with a colleague who was undocumented. They registered voters together—“ironic, because she couldn’t vote,” Beier recalled. The woman was detained and endured some harrowing uncertainty before receiving a stay of removal. That jarring experience spurred Beier to pursue immigration work in law school.
“The Legal Services Program is a great bridge between Berkeley Law and Cal’s undergraduate community,” she said. “What I really like about the research project is that there’s a data component and a storytelling component. You need both to effectively make policy makers listen.”
Davenport hopes policy makers will listen to the program’s research—namely undocumented students’ experiences with immigration law and how it has impacted their lives, their families, and their future plans. She will oversee a final report, to be issued toward the end of 2013.
Charting new ground
“This is the first undocumented student program in the country, and it’s exciting to be part of that,” Davenport said. “We’re in talks with other campuses to foster similar programs. And the impact of the work goes beyond the individual students we assist because the knowledge they gain is then shared with peers and family members. They’re quickly looked to as a resource in their own communities, and that ‘train the trainers’ role we play is very gratifying.”
Iwako, Smirnov, and Aguilar—all leaders in the student group Rising Immigrant Scholars through Education (RISE)—have spread the word about various legal options. “When Allison came to RISE and gave her presentation on DACA, I remember thinking, ‘This is why I came to Cal,’” Smirnov said. “To have allies who are that smart and caring makes all the difference in the world.”
For Aguilar, the Legal Services Program lends credibility to his plight. “For a law school like Berkeley to step in the way it has, that helps other people be more open-minded about undocumented student issues and the undocumented community as a whole,” he said.
Iwako admits she was initially scared to apply for deferred action. “DACA was really confusing when it first came out,” she said. “It essentially felt like turning yourself in. Allison and the law students made a huge effort to make everybody comfortable. They were extremely organized and got my case approved immediately. It’s so nice to know there are people on our side who support us and want to make sure we have a future.”