Launch of the Legal Mobilization Platform: Mobilizing for a just world

We began the launch with introductions from the Legal Mobilization Platform’s then coordinator, Rana Kuseyri, and moderator and member of the Platform’s Advisory Board, Ambreena Manji (Cardiff University). We then moved on to a discussion about how climate justice is conceptualized and how it can be understood in relation to other forms of social justice. Speakers Margaretha Wewerinke-Singh from the University of Amsterdam, Misha Plagis from Leiden University and Obiozo Ukpabi from the University of Humanistic Studies shared their thoughts on this question.

Plagis remarked that, in the context of climate justice, where many issues have been litigated, the manner of how courts function is critical to understand, as are the tools available to leverage change and hold violators accountable. But we need to interrogate how we want to change these legal structures. Due to democratic backsliding, change is often regarded with a lot of scepticism because it somehow implies that one would lose more than one would gain. Rather than tinkering around the edges by introducing a new law or legal reform, it can in fact be important to fundamentally rethink what we have and whether it is really working for us at all.

Who do we mobilize for?

The second session focused on who we mobilize with and for. Panellists Waruguru Gaitho from the University of Cambridge, Eva Rieter from Radboud University in Nijmegen and Jeff Handmaker from the International Institute of Social Studies engaged in a critical discussion on who is included in litigation, the multiple forms of legal mobilization that are part of the legal mobilization toolbox and the vital autonomy of marginalized groups. The panellists also reflected on their own positions within legal mobilization processes.

Gaitho noted that, as a starting point in understanding the potential of legal mobilization, it is important to understand both how and why we centre law. While it may seem a paradox for legal mobilization organizations and researchers, we need to be ready for non-legal positions and be ready to de-prioritize law. Gaitho noted how it may be much more important to support political engagement – working with political leaders or engaging people on Twitter – rather than going to court. Strategic litigation does not always bring the best results. Accordingly, researchers and practitioners may need to approach other people about these dilemmas, in an iterative process, rather than simply those who are traditionally associated with legal mobilization.

Rieter shared her perspectives from the Nijmegen Law Clinic which works with groups whose rights have been structurally violated. This involves a constant dialogue with different communities and heritages. She affirmed that the clinic only enters these discussions through the community organizations who lead the legal mobilization and take a decision whether (or not) to litigate. This approach involves constant reflections by those working in the clinic – a diverse group of students – on their role and an awareness of what they can teach others.

Handmaker remarked that it should be a standard response that any legal mobilization claim should be led by the individuals and organizations who experience violations. However, this is not always the case.

The structure of the legal profession often obscures the agency of those whose rights have been violated. Hence it is critical that anyone involved in either researching or pursuing the practice of legal mobilization be cognisant of their privilege. This, in turn, is crucial in order to overcome the institutional challenges of patriarchy, racism and elitism and also to recognize under-appreciated dimensions such as the rights of nature. He agreed that legal mobilization is much more than litigation alone and contains a wealth of different uses of law, both cooperative and confrontational.

During the intermissions, we enjoyed sketches made by Jade Borra (@underworldarts on Instagram) from a Platform workshop earlier this year as well as a musical performance by Lois Ava (@loisava on Instagram), a singer-songwriter from The Hague.

As the Platform continues to grow and develop, we will continue working to critically understand the potential of legal mobilization through cutting-edge research. We also want to be a place where organizations can reflect on their legal and communication strategies and other approaches in the practice of legal mobilization.

We are very grateful to have been able to co-create a Platform in which legal mobilization researchers and practitioners can find a sense of belonging to this dynamic and reflective shared space.