Reflections for emerging scholars and practitioners working in human rights in Asia
by Priya Gopalan
Published on 16 December 2022
I am a Malaysian lawyer specialising in international criminal law, human rights law, and gender. Over the last 20 years, I have held various roles in the fields of transitional justice, accountability, and human rights, while working with the UN, governments and civil society organisations. In 2021, I was appointed by the UN Human Rights Council to the UN Working Group on Arbitrary Detention, as the member for Asia-Pacific States. I am the first Malaysian to hold this role. I am currently the only Malaysian within the Human Rights Council’s Special Procedures system which comprises of independent experts engaged in human rights fact-finding and monitoring worldwide.
Growing up in rubber plantations in rural Malaysia led me to my career in human rights. I witnessed first-hand the racial, social, and economic divisions in the daily lives of many Malaysians. As a child of the plantation manager, I was acutely aware of my opportunities and privileges when compared to that of my classmates, some of whom were children of rubber tappers and labourers. But even with my relatively privileged background, I had to reckon with the disadvantages of my minority status as an ethnic Indian in Malaysia. Similarly, I witnessed those whose opportunities were stunted by intergenerational poverty and rural neglect, despite belonging to the majority Malay ethnic group. I realised that the accident of birth influenced how one was treated daily and could result in arbitrary consequences that determined one’s life chances. These inequalities, whether witnessed or experienced, revealed the injustices perpetrated by discrimination. With my parents’ encouragement, I sought another way to see the world, to make sense of it and to find my place in it. This led me to human rights, which is founded on principles of equality and non-discrimination.
What encouragement might I offer to those starting on their career paths? There are of course many different paths. I offer some insights from mine.
No. 1: Play the long game
Don’t expect to land your dream job immediately. Take the time to develop the necessary skills. Strive to do the best in any role while being conscious of the skills you need to develop for the future. Good intentions are insufficient if not combined with concrete skills and grit. For the first five years of my legal career, I worked at a London law firm. I qualified as a commercial litigator, which may seem miles away from a career in war crimes prosecutions and human rights. However, at the law firm, I acquired and honed invaluable legal skills: legal analysis, drafting, management of large volumes of evidence, advocacy, and litigation skills. I was thus able to provide concrete examples of having the required competences when I was successfully interviewed for the role of trial attorney/prosecutor at the UN International Criminal Tribunal for the former Yugoslavia (ICTY).
No. 2: Keep your interest in the field alive; build your skills and knowledge
Even if you are not in your ideal human rights job, seek out opportunities to demonstrate your interest in, and make contributions to, the field. As a commercial litigator in London, I continued to maintain my commitment to human rights through my firm’s pro bono arm. I provided pro bono legal advice to litigants-in-person at community legal advice centres. I was also part of the firm’s death penalty team, working with the London Panel of Solicitors for Capital Punishment, that acted for Trinidadian death row prisoners on appeal to the Privy Council (then the highest court of appeal for Trinidad and Tobago). One of the cases I was involved in was a joint appeal to the Inter-American Court of Human Rights. This case set legal precedent that the imposition of the mandatory death penalty for murder renders it an inhuman and unjust punishment. Alongside hands-on pro bono work, I also took evening classes in human rights law. Seek out opportunities that demonstrate your passion. Volunteering, pro bono projects, publishing (blog posts, articles) and short courses are all ways in which you can do this.
Consider the concrete skills needed to further your career in your chosen direction. In my case, working as a commercial litigator in a law firm enabled me to save up the funds needed to pursue an advanced degree in international law. When coupled with my pro bono work, my L.LM in Public International Law (Distinction) paved the way for various roles in the field of transitional justice and accountability: prosecuting senior military and political figures at the ICTY, where I also contributed to progressive legal precedents on conflict-related sexual violence; interviewing survivors of the conflict in Sri Lanka for the UN; establishing Kosovo’s first reparations programme for survivors of conflict-related sexual violence with UN Women; advising the Truth, Reconciliation, and Reparations Commission of The Gambia; building universal jurisdiction cases; and developing victim-centred guidance for investigating crimes committed during the conflict in Syria. I am grateful for sound academic and professional grounding that permitted these diverse roles and the resulting “on the job” training.
No. 3: Go on a collective journey
Develop a network of colleagues, reach out to potential mentors, and strive to keep these relationships alive. When you find supportive colleagues or mentors, carve out common ground to support each other in your paths. As you progress in your career, take others along in your journey. In her memoir, “The Truths We Hold: An American Journey” Kamala Harris writes that her mother, Shyamala Gopalan said, “you may be the first to do many things, but make sure you are not the last”. This resonates with me. You are someone’s mentor. Pay it forward.
No. 4: Persevere
Human rights is a tough field because gains can be elusive and are not always easily grasped or retained. Disappointment and despair will punctuate the highs and wins. The golden thread embedded in these experiences is simply the commitment to continue. Be true to your cause and persevere. As in any workplace, international organisations have their share of questionable and even unlawful behaviour, such as bullying, harassment, and discrimination. As an Asian woman, I have had to confront biases expressed through gender and racial stereotypes. Be prepared to be a vocal ally against unacceptable behaviour.
No. 5: Recognise and alleviate the power imbalances inherent in the work
Working in human rights is a choice for some. But for many, human rights violations are their daily lived experiences. Survivors, families, activists and many others, fight day after day, often with great risk to personal liberty, bodily integrity and even their lives. While we work from the safety of our homes and institutions, for others, defending human rights is a question of survival or extraordinary courage. Recognising these inherent power imbalances, and the importance of an intersectional perspective, lays the groundwork to undertake this work ethically and with integrity.
Human rights lawyers are a conduit between the voices of victims/survivors and the aspirations of the law. I seek to use my skills and platform to narrow the gap between harsh realities and the promise of the law as a mechanism to achieve accountability, bear witness and effect systemic change. I look forward to working with you—we need you!