Awaiting Justice? Time to re-think the picturing of conflict survivors in Nepal

I was at the British Embassy in Kathmandu a couple of weeks back to attend a gathering on enforced disappearances. The event marked the 6th anniversary of the killing a 15-year-old girl, Maina Sunuwar, in 2004 by the Nepal Army. The main draw was the première of a short film entitled, ‘Awaiting Justice‘ (presented as ‘Nyay Kahile?’ in Nepali, which literally translates as ‘Justice When?’). The film documents a visit in December 2009 by nine top diplomats to Bardiya District where a high number of people were ‘disappeared’ during Nepal’s decade long conflict (1996-2006).

I was looking forward to seeing the film, but  the title had already begun to raise questions in my mind. I tend not to be a pedant when it comes to language, but I have seen such passive terminology far too often when referring to rights holders in Nepal. ‘Waiting’ is a term that is unfortunately reflected in the way many of the individuals are represented, not least by the human rights movement.

Since the end of the conflict there has been a concerted push by human rights organisations, both national and international, as well as some embassies and the UN (particularly OHCHR – Nepal), for investigations and prosecutions into past abuses. This has mainly focussed on case documentation and political lobbying via legal argumentation. Despite this there are those of the opinion that survivors and the families of those ‘disappeared’ or unlawfully killed have been, up until recently, marginal voices in this campaign, with their priorities given less prominence in the face of the more powerful international ‘human rights project‘. Some would even say that the families agenda has been deliberately distorted to fit that of the international community. A cynical analysis would be that this agenda centres on furthering international human rights law through work in politically weak and conflict damaged countries, with an emphasis on ‘putting people in prison‘ rather than delivering to the wishes of those who suffered most (which tends to centre on material and emotional relief).  Not that justice isn’t a good thing, it just raises the question of who all this effort is actually for? If in reality things are far more complex than the cynics may have you believe, this is not to say there is not an element of truth here. There are certainly legitimate questions to be asked about the independence of some CBOs in Nepal, and whether undue influence is exerted on them to be ‘on message’ with the bigger agencies controlling the agenda and funding. What interests me most though is how this plays out strategically and representationally?

Few resources and time appear to have gone into growing the public profile of the CBOs and winning arguments amongst the public to mobilise support. The ‘legal-first’ strategy that is pushed so hard by the various human rights agencies is making slow progress exactly because it is not duel tracked with a wider communication strategy that seeks to garner support beyond a narrow constituency of human rights activists and lawyers. Documentation of cases and legal arguments saturate the landscape, with a war of words occupying what small amount of media space is given over to these issues. Almost forgotten are the lives of those who live on. When we do hear from them it is usually to recount, once again, the painful episode that took their loved ones away from them (‘the case’).

The embassy film thus takes a now predictable format – a parade of  ‘cases’, narrowly defining the individuals in the context of the abuse rather than as complex and dynamic people. This is particularly evident in the main segment of the film where the diplomats are petitioned by a group of people who lost relatives or were themselves tortured. The decision to include so much of the meeting is questionable as it fails to engage after a short time. Not that the testimonies are  boring or unmoving. What they are is contextually adrift in a barren meeting hall, where embassy staff sit silently as if holding court before their 4×4 convoy returns them to Kathmandu. There is no attempt to break down the empathic gap between the audience and people featured. More surprisingly, there is almost no explanation about why the diplomats made the trip to Bardiya, possibly underlining the exclusive nature of the product (i.e. it is for those who know rather than to info those who don’t). I am also unable to tell you what the film is for or how it will be used.

This is not a criticism of  the international community in Nepal, they do good work – and this initiative may turn out to be well placed. The criticism is this – firstly, if you are to spend time and money on visual media then a lot more thought is needed than appears to have gone into this production, that even at 10mins failed to engage me or generate empathy due to its narrow passive ‘victimisation’ of those it represents. The second criticism, and the more important as it goes beyond one short film, is why such representations persist (when there are obvious alternatives) and whether they expose a dynamic between the rights holders and those agencies who take a ‘for the community’ rather than a ‘with the community‘ strategy?

It is strange that despite the involvement of the self organised community based organisation – Conflict Victims Committee – there is no representation in the film of the substantial work they have done in campaigning for justice. In fact I have not come across one substantial piece of visual media that looks at these CBOs in Nepal (though that doesn’t mean such work isn’t out there).

Of course, it is unrealistic to expect embassies to be masters of visual communications, and the fact that they even thought about filming their initiative (which was mainly symbolic – the abuses are already well documented) is positive. But such agents need to realise that winning the legal arguments is only half the battle. Failure to generate a ground swell of public solidarity with those who fight for justice and reparations will at the very least hamper progress, at worst make you irrelevant.

A more thoughtful approach is taken in the 2009 International Committee of the Red Cross (ICRC)  film, unfortunately with an equally passive sounding title, ‘The Wait Continues‘. The film narrows its focus on one incident where 17 workers from Jogimara were reported killed whilst working at an airport construction site in Kalikot.

The film is a more considered affair than ‘Awaiting Justice’, where the audience is firmly placed in the context of the 15 families who lost their sons. They are interviewed in their village and homes. We see them going about their daily lives. Yet it is what the family members recount that is most notable. Rather than presenting details of ‘the case’ (we learn only the basic facts of what happened) they tell us about their hopes and fears, their doubts and ways of coping. A particular poignant moment is when one man relates how his neighbour has moved away to escape the memories of his son. But asks, ‘What will he do with his son’s plate, and the glass he drunk from?’ immediately summoning a human universal of the memories evoked in us by objects used by the ones we love.

Towards the end of the film ICRC reps walk into the village. This is probably the most awkward moment throughout and draws attention to the fact the focus is on a community that has found it difficult to represent itself effectively (though it does note that others have). It is an all too familiar image – the human rights /UN worker who comes to the village to ‘extract’ research information, maybe never to return, leaving the interviewees disheartened and suspicious of their intentions. This cannot be a direct criticism of the film itself, which is well made, or ICRC for that matter, but does highlight the lack of visual media that presents the pro-active, self organisation of many families across the country to fight (rather than ‘wait’) for reparations, truth and justice. The ICRC documentary is complimented by a set of decent stills by K.Kayastha that begin to scratch a surface that could do with a bit more scratching.

Raj Kumari Gurung lost both her brothers-in-law. Their mother, Moti Maya Gurung is convinced one day they will return. Copyright ICRC / K.Kayastha

The ‘legal-first’ singular track has produced a stack of reports. Much could have been done to wed these with a visual advocacy strategy – much in the way OSI has done in recent times. A couple of reports illustrate a lost opportunities. The ‘waiting‘ continues in two reports by the Nepalese human rights organisation Advocacy Forum (AF) and US based NGO, Human Rights Watch (HRW). AF is an excellent organisation, and I have worked with them in the past. However, a strategic shift in the representation of survivors and rights holders would be a positive step.

Two reports – ‘Waiting for Justice‘ and ‘Still Waiting for Justice‘ – present excellent documentation on over 60 cases of ‘unpunished crimes from Nepal’s Armed Conflict‘. In many instances AF has fought hard for these cases to be investigated by the police, despite obstruction. However, once more we enter the territory of passive victims, illustrated in the first report by the widely used (and rather tired in my opinion) photographic technique  of representing ‘disappearances’ by having family members hold up photos of those that are missing (in the second report photos are abandoned except for the cover, which incidentally is one of mine – where at least we see the family members out on the streets protesting).

What surprises more is that HRW did not do more to improve the visual representation. Over the last couple of years to their credit they have done much to adopt more visual tools in their work, particularly on their website.

Other examples are the reports by OHCHR-Nepal on abuses in the Maharajgung army barracks and in Bardiya district. The Maharajgung report does not feature any photos at all. A glossy summary version of the Bardiya report (the original version having almost sunk without trace on it launch) contains eight un-captioned colour photos – with none of the photos being self explanatory enough to stand alone. This disappoints all the more because UN agencies, including OHCHR themselves with their work on prison conditions in Nepal, have grasped the value of visual media in providing context and building understanding in the wider population. I covered this here.

It is obvious from such laudable initiatives, such as A People’s War trilogy, that with some effort and thought a more diverse and nuanced representation can be produced. The thing the project did best was invest in a time scale that allowed the people pictured to become rounded individuals to the viewer. Through the follow-up book, and last in the trilogy, ‘People After War‘, we are able to travel along a narrative that leads the reader away from a black and white reading of events and people. The exhibition that travelled across the country drew huge crowds (allegedly 350,000), with some of their thoughts recorded in the second book in the trilogy, ‘Never Again‘. Six thousand copies of ‘A People War‘ were distributed to schools and libraries for free. So, why did one publisher decide it was necessary to have such a public debate on these issues, but not one human rights agency has come close to producing an initiative that stimulates such a public interaction?

Obviously, an argument can be made that all these representations differ due to the agents responsible for them, their objectives , expertise and the time available to produce them. This is a fair point – as it is fair to say that factually people are ‘waiting’ due to the state being the agent to deliver some of the things they want. But what ever your appraisal of these different approaches it is hard to deny that what is lacking is a substantial participatory communication approach that puts the power of representation in the hands of the families and survivors (at the very least this would enhance historic documentation). This may open up more space to discuss some of the issues of social exclusion that lead to the violations in the first place and remain un-resolved. A coherent communication strategy that looks to engage with a wider public audience in Nepal in order to increase pressure on political actors wouldn’t go a miss either.

These would not only go some way to addressing criticism that families lack control over how they are represented, and how their priorities are not accurately portrayed by the mainstream human rights community. It could also begin to break down societal barriers that currently block the establishment of a wider debate and recognition of the injustice that is being perpetuated. Whether participatory or not, a venture that focussed more on ‘campaigning‘ rather than ‘waiting‘ would be a good start.

Examples from other countries should inform those working in this sector in Nepal of what is possible. From a professional point of view the work of Paula Allen with the women of Calama in Chile stands out as a committed and long term approach. Marcelo Brodsky’s work ‘Buena Memoria‘ from Argentina provides an inclusive and personal documentation and memorial to  those who were ‘disappeared’ from his school (watch the video for the event held to remember those who were killed). Omar D’s work on ‘disappearances’ in Algeria, ‘Devoir de memoire/A Biography of Disappearance, Algeria 1992-, commissioned and edited by Autograph ABP, is also worth noting. As is the discussed at an LSE conference on ‘disappearances’ in Algeria in 2008, raising the question;

‘How we can disseminate the truth about events that are officially denied or obfuscated by the legal system, how to lobby for the application of UN resolutions on forced disappearances and whether human rights organisations can overcome post-colonial and economic interests. Can imagery be more potent than text in bringing human rights issues into public knowledge? Can we talk of a politics of aesthetics in the context of subjects who have been stripped of their civil existence? How can the invisible be made visible?

To watch a video introduction to the LSE event click here.

Displaying the portraits of the disappeared in October Square in Minsk. From 'Existence Denied' by ICAED.

Also worth checking out is the ‘Existence Denied‘ book produced by the International Coalition of Enforced Disappearances (ICAED) that pulls together a series of stills from around the world that illustrate the emotional impact of those whose loved ones have been disappeared, as well as the activism they themselves have initiated to find out what happened and bring perpetrators to book.

'Angels on the march against disappearances in El Salvador. From 'Existence Denied' by ICAED.

Agencies can also explore the value of participatory photography as a tool for communication within and across communities, for understanding and reconciliation, but also for historical documentation. Not that such methodology is without its faults, but as I discussed in this post it lends itself to just this situation. A good example is the TAFOS (social photographic workshops) project in Peru which took place in the context of political violence, extreme poverty and lack of political representation – a situation similar to Nepal’s.

Much of the value of the project is encapsulated in this quote, which I will leave you with;

… “TAFOS was a project of visual inclusion, with pictures that, in its character of a documentary mirror, made visible the invisible and took risks for a country still alive. Their pictures show us a country struggling for respect and recognition of basic rights for its people; a country in the process of consolidation and transformation that, however, still enjoys life; summing up, a country with a clear bet for life and change”.

Huarcaya, Roberto. Hacer visible lo invisible. In: País de Luz. Talleres de Fotografía Social, TAFOS. Perú: 1986-1998. Lima-Peru: Pastor y Müller, 2006. p. 44-47 (English Translation).

Mexican lawyers use video cameras to free man

In my experience lawyers are not usually that open to the impact visual media can have on improving human rights. Don’t get me wrong, some of my best friends and colleagues are lawyers and they know all the technical stuff that baffles my brain. However, unless I come to them with  some forensic photos they are not so interested. So, you can imagine how excited I was to see this story on two Mexican lawyers who successfully got a murder conviction against an innocent man overturned by filming his re-trial.

A Great Story

Layda Negrete and Roberto Hernández took the case of Antonio Zuñiga, a street vendor who was arrested for murder while out for a walk in December 2005. Antonio had been convicted but the lawyers managed to get a retrial because his original lawyer was a fake! Knowing that the system was a bit rubbish they asked if they could film the trial, which turned out to be no better than the first, upholding the conviction of Antonio!

However, with video footage in hand they approached the appeals court who were so shocked by what they saw they over turned the conviction. But that was not all, Negrete and Hernández went on to make several films and presentations using trial and interview footage combined with research data to demonstrate the failings of the justice system and need for reforms. With this they helped lobby for constitutional changes by showing them to key decision makers and those with influence, eventually achieving success in June 2008.

The documentary, ‘Presumed Guilty‘, about Zuñiga’s trial was funded by the Hewlett Foundation.

hewlett foundation_logo

The film provided a very powerful platform for the research data itself,” said C. R.  Hibbs, program officer and managing director for Mexico for Hewlett’s Global Development Program. “It provided much wider impact than we would be able to get from funding the research alone.”

More than an illustration

So often in my work with researchers and legal professionals I find that photographs are seen as an added extra. Nice, but not necessary – good for the cover of a report or inside to break up the text. Video can be useful for testimony but is rarely gathered. What strikes me about this story of the two Mexican lawyers is they recognised the fundemental power of communication tools – they asked themselves the question, ‘what is the best way for us to get our message across?‘ They had a load of research data, and most would have been happy with that, displayed in a dry PowerPoint presentation or briefing document. But they focussed on impact, and for that they knew the value of real world examples delivered by those people whose lives were touched. And it worked.

When researchers are snowed under trying to gather information and communicate with contacts around the world they are understandably not so open to trying new things without knowing their utility. Equally, managers trying to run their programmes with limited budget are not going to fork out substantial amounts on untested techniques. In my view what is lacking is not the will or imagination, but the insight, examples and support in order for people to know what is available and how it can work.  Only then can they make informed and innovative decisions. This support needs to be institutional, in an NGO, otherwise it will always come down to individual’s knowledge of what is possible. Training for staff on how video, photography and other visual media is and can be used would go a long way to improving the way these tools are used in social activism.

This could include basic training for researchers and campaigners on how to use cameras and camcorders; how to plan the communications for your campaign, including working with professional photographers and film makers; what tools are available and how they can be delivered (especially via the internet); and basics on ethics, visual language, consent and representation (includng the use of participatory methods).

Get all that up and running and I think you may be on to a winner.

Thanks to the excellent Wronging Rights blog for bring this to my attention. For more on this story click here.

Hope: Living & Loving with HIV in Jamaica

Hope Jamaica

This is a fantastic, touching, informative and humane multi-media website about living with HIV in Jamaica. It is produced by the Purlitzer Centre On Crisis Reporting and has picked up a couple of awards already. Focussing on a group of individuals living with HIV as well as those who work with them, the site contains photos and video, including interviews. However, the most compelling aspect of the site is the slideshows set to the poems of Kwame Dawes. Some are even set to music (by Kevin Simmods). Photos featured on the site are by Josh Cogan, video by Doug Gritzmacher, and the website is by Bluecadet.

All together a fantastic example of what you can do with multi-media to dissolve the distance between people, presenting individual lives along side policy facts.

The Uses of Photography – Daniel Hernandez-Salazar

An interesting post on the Politics, Theory & Photography blog that looks at how the photographic piece ‘Esclarecimiento‘ (‘Clarification’) by Guatemalan photographer Daniel Hernandez-Salazar has be used and appropriated in social activism.  From the polyptch’s use on the cover of the Catholic Church’s report for the recovery of historical memory (marking the violations of the civil war), to street protests, and the use of one of the photos (‘Para que Todos lo sepan‘ – ‘So That All Shall Know’) on street posters and at other locations of violence worldwide.

What strikes me most is that a piece of photographic art was used on the report cover. I can’t say I have seen this done much. Usually, we get a photo-journalistic / documentary style image plonked on the cover, which is quickly forgotten and has no further use. Yet the photos by Daniel Hernandez-Salazar appear to have become quite symbolic, been appropriated for other causes and gained longevity. Photo-journalistic images have dominated human rights campaigning, with their ‘witnessing‘ style, and there is no denying their usefulness. However, horses for courses, they are used far too frequently when other styles would be more appropriate. They are also often used without much thought – scattered amongst the pages of a report to break up the text to make it easier on the eye. Again, we need to go back to what we are trying to communicate, and use the most appropriate tools for this. More though, more resources.

International Day of the Disappeared – photographing the issue

The human rights violation of  ‘disappearances’ has attracted a great deal of photographic interest and work. To mark the International Day of the Disappeared (30 August) here is a small selection of photographic work on the issue.

Marcelo Brodsky’s ‘Buena Memoria‘ – on returning to Argentina Brodsky organised a 25th anniversary reunion of his class mates at Colegio Nacional de Buenos Aires. Based around a massive blow-up of an original class photo he went about making portraits of the class. With so many disappeared he looked to represent them as a memorial to what had happened.

Paula Allen’sThe Women of Calama‘ – a long term project working looking at the search for those ‘disappeared’ during the Pinochet regime.

Brent Foster’s ‘Kashmir’s Half Widows’ – Foster’s work looks at the estimated 2000-6000 women left behind after their husbands were ‘disappeared’ in the disputed territory of Kashmir.

Susan Meiselas ‘Disappeared Women of Juarez

Documenting Disappearances – Algeria, state terrorism and the photographic image‘ – featuring Omar D’s book (commissioned and edited by Autograph ABP) of photographs, ‘Devoir de memoire / a Biography of Disappearance, Algeria 1992-’. Also featured on Flickr.

International Coalition Against Enforced Disappearances ‘Existence Denied‘ – photo book produced for the 25th anniversary of the International Day of the Disappeared.

ICRC’s ‘Missing Persons in Nepal‘ – photos by K. Kayastha commissioned by the International Committee of the Red Cross documenting the impact of losing a family member to ‘disappearances’.

Media Storm workshops in June

Media Storm, home of cutting edge multi-media storytelling, will be holding two workshops in June.

A tuition-free Advanced Multimedia Reporting Workshop, in Brooklyn, NY will be run from June 20-26, 2009. There are only 8 places available and is only open to those with previous experience. Application deadline Friday 15 May.

The second is a one-day Storytelling Workshop with Brian Storm at the Festival of the Photograph. This is organized in partnership with Look3 and takes place on 10 June in Charlottesville, VA, USA. No experience required. To register send an email to workshops@look3.org. The workshop costs $250 ($200 for students).

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