2009 Castan Centre Intern

Divina Naidu, International Commission of Jurists, Geneva

Report

Idealism meets reality in Geneva

Prior to commencing my three month internship with the International Commission of Jurists (ICJ) in Geneva, my perceptions of the United Nations and international law were idealistic and, well...naïve.  To me the United Nations, particularly the revamped and apparently more effective Human Rights Council, represented the arena where “the magic happens”. When in Geneva, I observed a totally different environment, where bureaucracy rules and dedication and commitment are integral to pursuing a human rights career.  Having said that, I found the ICJ, which is an internationally-renowned NGO, to be an inspiring organisation, and my time there was by far the most rewarding experience I have ever undertaken.

My first week of the internship was surreal.  It was the ICJ World Congress which brought together all the ICJ Commissioners, Honorary Members, National Sections and Affiliate Organisations from around the World. The theme of the Congress was “The Judiciary in Times of Crisis”.  The Congress comprised of meetings and seminars centred on the question of the role of judges and lawyers in times of crisis.  I got the opportunity not only to attend these sessions but also to meet eminent international human rights jurists.  To say I was I was awestruck would be an understatement.

During my three months at the ICJ, I worked in the International Economic Relations programme under Carlos Lopez, the programme’s legal officer. This program addressed the legal accountability of non-state actors such as transnational corporations and their effect on human rights. While I had previously worked and researched human rights issues, I had never focused on this area. Initially I was a bit apprehensive, however as I began undertaking assignments and integrating myself into the organisation, I found this area of human rights not only interesting but intellectually stimulating.

I undertook a myriad of tasks which ranged from legal research to drafting a submission to the Committee on Social, Economic and Cultural Rights (ECOSOC) on what should be included in a draft General Comment on the International Covenant on Economic, Social and Cultural Rights.  One of the main projects I undertook concerned access to justice for victims of corporate human rights abuse. This project sought to undertake a series of country studies on the availability of legal redress for victims of corporate human rights abuse, and my job was to research and produce a draft chapter on Australia. It was an immense task that required me to examine the Australian legal system and consider how a company could be made liable under different strands of law, and how effective each potential cause of action was.  I found this work particularly engaging and stimulating as it not only allowed me to think innovatively but also to make a meaningful contribution to this exciting new project. I was also involved in compiling research on the status of affirmative action in international law for an amicus curiae brief that the programme was going to file.

As the ICJ has consultative status with ECOSOC, I was able to attend many meetings at the United Nations.  I was also able to observe a few sessions of the Universal Periodic Review.  

Interning with an NGO, particularly one which is internationally known and respected allowed me to understand the intricate workings and interaction between NGOs as well as between NGOs and the United Nations.  What I quickly understood from talking with other NGOs was that the only critical voices in the United Nations system (particularly at the Universal Periodic Review sessions) were those of the NGOs.  Unfortunately, it was these voices that were too often stifled.

My experience at the ICJ was a truly inspiring and enjoyable one. I worked alongside and met human rights experts who were committed and dedicated to the cause and were only too obliging to dispense advice and insight to an impressionable intern.  I cannot begin to highlight “one” memorable moment of my internship as there were too many, but sitting at a launch of the ICJ Expert Panel on terrorism where the High Commissioner for Human Rights, the President of the Human Rights Council, Mary Robinson and Arthur Chaskalson were the panellists definitely ranks up there.

Finally I would like to sincerely thank the Castan Centre, in particular Erica Contini and Marius Smith, for all their support and for allowing me to undertake this invaluable opportunity. It was truly an experience which I will never forget and one which I encourage everyone interested in international law and human rights to endeavour towards.   

Profile

Divina Naidu’s world view has been strongly influenced by her father, who was an active supporter of the African National Congress in apartheid South Africa.  Even after moving to Australia at a young age, Divina continued to develop an interest in social justice issues and a commitment to the importance of human rights.

Divina’s interest in human rights has been further fostered by her involvement in important human rights organisations in Melbourne. Divina was an intern at Hanover Welfare Service where her main role was to research the Victorian Charter of Human Rights and Responsibilities and examine the extent of the protections it afforded to homeless people. She enjoyed the ability to research this new piece of legislation, especially determining how she could find novel ways to advocate for homeless people by utilising the charter provisions.

As an in-house intern with the Castan Centre, Divina researched and summarised the views of the United Nations Human Rights Committee for an Oxford University Press database. She acquired a deeper understanding of the way in which human rights mechanisms work and this further fuelled her ambition to promote international human rights law. Divina was also the 2007 winner of the Law School Prize for Human Rights in Australian Law. In 2008, Divina was part of the Monash team for the annual Castan Centre Charter of Rights Mooting Competition.

Divina is a final year Arts/Law student and her prime focus throughout her studies has been on international law, human rights and global politics.  She completed a major in international studies and minor in politics in her Arts degree. In her law studies, Divina has further pursued her interest in global issues by undertaking international human rights law based subjects. She is deeply committed to entrenching human rights standards in law as well as advancing human rights issues in general. The opportunity to work with an internationally respected body of human rights experts such as the International Commission of Jurists will be an invaluable experience for Divina.

Divina hopes to use her capacity as lawyer to pursue her interests in human rights and international law.

International Commission of Jurists