Donning more than the black cloak

Marini – a lawyer of imagination and empathy

 With school children as the NCPA chairperson during an empowering session 

Human rights lawyer, social activist and legal scholar, Marini de Livera was recently awarded the ‘Universities Network Award 2023’ for her ‘sensitivity and commitment towards children in armed and difficult situations,’ by the Universities Network for Children in Armed Conflict (UNETCHAC). Speaking to the Daily FT, Marini, a woman of many hats, urges budding lawyers to be change-makers.

By Randima Attygalle

“As human beings we all crave for peace and joy. Sustainable peace can be achieved only where there is sensitisation and consciousness of human rights and human duties. Then, undoubtedly there will be peace and harmony among other things in our communities. When there is lasting peace, development and progress, equality and Rule of Law would prevail. The concepts, peace, development and human rights are said to form a triangle. This triangle collapses if one concept is taken away,” human rights lawyer and social activist Marini de Livera, who was recently awarded the Universities Network Award 2023 for her ‘sensitivity and commitment towards children in armed and difficult situations’ remarked in her acceptance speech. 

The award was presented by the Universities Network for Children in Armed Conflict (UNETCHAC), launched in November 2020 with the support of the Italian Foreign Affairs and International Cooperation Ministry. It is the first international academic network for the protection of children in armed conflict and aims to enhance the role of the academic community in the international framework in promoting activities and shared initiatives and fostering cooperation with the main national, regional and international key actors engaged in the protection of children directly and indirectly involved in armed conflict. The Network is headed by the University of Milan Prof Emeritus of International Law and ad hoc Judge at the International Court of Justice (ICJ), Fausto Pocar, who was among the distinguished judges that selected Marini as this year’s winner.

Building bridges

Marini, former Chairperson, National Child Protection Authority (NCPA), Sri Lanka and founder and Chairperson of ‘Sisters-at-Law’, a free legal service that supports survivors of domestic and gender-based violence, who joined the award ceremony held on 10 November, at the Italian Parliament, virtually, further remarked: “My conclusion after interacting with misguided youth and children was that they were from rural deprived communities where they lacked access to proper education and basic needs. Therefore, public education and awareness raising is vital in depressed areas of the country, so that people living below the poverty line can access and enjoy their rights. Domestic human rights mechanisms need to be strengthened at district, provincial and national levels to prevent violence from erupting and raising its ugly head again.” 

Marini did not wait for invitations or funds, but of her own volition, trudged to the different Child and Women Ex-Combatant Rehabilitation Centres in 2008-2009 before the war officially ended and interacted and provided art therapy and other programs and built bridges and extended a hand of friendship towards misguided youth and children who were labelled as terrorists. She also accepted the invitation of the SL Army to become a member of the Child Soldiers Rehabilitation Committee. In her capacity as a lecturer of law at a leading private Law School where she taught Constitutional Law, Human Rights Law and International Criminal Law for seven years, Marini got her students involved in human rights activities at the grassroots level and public education of rural communities. 

Sisters-at-Law

In 2017 Marini was appointed Chairperson of the NCPA. “I realised by analysing the calls that came through NCPA’s 24-hour toll-free helpline, that there were lots and lots of children in the country who were in need of care and protection. I visited the backwaters of the island and saw that there was a great deal of child labour and children dropping out of school to help their parents as bread winners. I was horrified when I visited orphanages as there were manifestations of all forms of violence.” 

After her short stint at the NCPA, despite financial constraints, Marini set up an organisation in 2018 to assist and realise the human rights of women and child survivors of violence that is registered with the Western Province Probation Department. “Without actually experiencing and listening to the stories of survivors, it is impossible to be an instrument of change and find solutions to problems that plague society, especially human rights violations,” reflects Marini whose brainchild is rendered the imaginative name, Sisters-at-Law(SAL). “We work with the Government, hospitals and the police department. We collaborate closely with the British charity ‘Their Future Today.’ We also work with the National Commissioner of Probation and Child Care Services,” says its founder.

During the five years since its inception, SAL  represented survivors of violence in a number of pro bono cases from the Magistrate’s Court to the Supreme Court. Referrals are made by the courts and the police to SAL which not only provides free legal representation but also empowers survivors. Largely self-funded, SAL finds it challenging to sustain its activities. A gifted artist and a Licentiate teacher in Speech and Drama from Trinity College London, Marini uses art as a therapeutic means of healing and empowering survivors. She has her own street theatre group, with her own bird mascot Bindoo that travels around the country performing plays related to human rights issues. “The refuge is an emergency-shelter and also a long-term one where women and girls who have suffered all forms of violence get wholesome warm meals, accommodation, therapy, legal aid, legal advice free of charge and livelihood and income generation training so that they can get back on their feet and return to their communities as productive citizens. Their education and training costs (trainer fees and resource material) are the biggest challenge. It is sad to note that many Sri Lankan professionals here have no sense of volunteerism. Therefore, finding young lawyers for pro-bono preparation of documents and court appearances is extremely difficult and frustrating,” says Marini.

A one-time human rights trainer for the army, police, public officials, and grassroots level leaders, Marini has also been a member of the Steering Committee on the Rehabilitation of Child Soldiers, the Prisons Reform Committee, and the National Committee on Women. She also chaired the committee that drafted the amendments to the Prevention of Domestic Violence Act.

In 2019, Marini was awarded the International Woman of Courage Award for being unafraid to take risks to make the world a better place. In 2020 her sense of volunteerism and her tireless efforts to eliminate gender-based violence was recognised with The Commonwealth Point of Lights Award.

Breaking barriers

Marini recollects visiting Government Rehabilitation Camps for ex-child soldiers and breaking barriers. “I spoke Sinhala and they spoke Tamil: so there was a language barrier and there were many inhibitions at first. But after spending many hours with them painting and drawing, singing songs bonds were established and we became friends. Every week I would trudge to Hindu College, Ratmalana where they were housed with lots of massive sheets of poster paper and a great many pots of vibrant colours. It was wonderful to see the children who had come from horrendous battle-fields transforming themselves into happy, relaxed young ones and you could perceive their stress and tension melting away. Together, the children and I painted pictures of blue skies and some added pristine white, doves coming down from the clouds. There was a young girl who wrote a poem about peace. There were several musical instruments and we made it into a song and every one choreographed their own dance steps to the sound of music. One by one we stepped on to the dance floor singing lustily. Music was indeed the language of love, peace and joy.” Long after the war ended when Marini travelled to Jaffna to participate in Human Rights Teaching Programs some of the children she helped rehabilitate would visit her as young adults with fruit and Jaffna sweets, memories that hold dear in her heart. Marini would even walk an extra mile to secure employment for some of the rehabilitated youth. 

Community networks

“Although child soldiers have been successfully rehabilitated and reintegrated to society since there is a great deal of poverty and lack of resources in the former war zones, the Government human rights and welfare mechanisms need to be strengthened in these rural localities,” reflects the activist. She also calls for strong networks which need to be built and maintained at community level with the involvement of business leaders, NGOs, youth and senior citizen leaders, religious dignitaries, retired law enforcement personnel, women community leaders, social workers and government officers from Divisional Secretariats. 

“Institutionalisation is not the answer. The strong members of the community are duty-bound to care for the weaker members of their community in keeping with community values,” she adds.

A woman who calls herself ‘unstoppable’, Marini’s batteries are ever charged for the betterment of people, especially those at the grassroots level. “My road has never been easy. However, today I feel blessed to have a network of like-minded people rallying round me in fighting against crimes perpetrated on women and children and in promoting alternative care for children trapped in orphanages.”

Lawyers of change

An imaginative lawyer herself who uses art, literature, music and aesthetics as powerful tools of change, Marini reminds all young lawyers and lawyers-to-be that law is all about justice. “To promote the Right to Access to Justice in Sri Lanka one has to be well-read and be up to date in order to provide solutions to burning issues that plague our societies. Also, one needs to be sensitive to the needs of the downtrodden and the oppressed and spring into action and turn tears into smiles and contribute even in a small way to make Sri Lanka a happier place.

Recollecting fondly how her father, the legal luminary, Dr. J.A.L. Cooray would mentor her not only in law but in literature and history, Marini urges all budding lawyers to evolve into fully-fledged individuals. Her most recent accolade is a fine reflection of the role of an ideal woman lawyer. “It also speaks for the duty cast on the intelligentsia of our society, that is, to have empathy towards the downtrodden and find solutions to their problems through professional work. Very few lawyers are sensitive to the needs of people living below the poverty-line,” says Marini noting that a fully-fledged lawyer needs to be problem-solvers, selfless and altruistic. “They should essentially be men or women of integrity in every sense of the word,” notes Marini. A woman of humility, Marini is only humbled by recognition. “This is the third international award I’ve received and it gives me an impetus to forge ahead ignoring and undeterred by many obstacles that cross my path,” reflects Marini, quoting her all-time favourite poet Maya Angelou:

“You, may shoot me with your words,

You may cut me with your eyes,

You may kill me with your hatefulness

But still, like air, I’ll rise…”