Tuesday, July 5, 2011

July 5 -8 final blog entry?


My last few days will be spent catching up with people,  final meetings with the students on their cases, and perhaps a last presentation Wednesday, perhaps on International Law(this is scheduled, but Chimge may have another idea). 

Tuesday I had lunch with the Legal Assistant to the President of Mongolia, who expressed interest in my work with the Alien Torts Statute. She is doing a book chapter on Public Interest Litigation and I offered to send her copies of the briefs that I have written on standing. 

Wednesday evening, I will meet Luke, the lawyer who translated at the conference last month, for dinner. I also need to meet with the law firm that is doing the air pollution case, at least on Friday, and hopefully once before that.

This will probably be my last blog entry: I am leaving Saturday morning to come home and do not expect to do anything particularly exciting in the last few days. 

Some people have e-mailed me encouragement, but I have wondered if my blog entries are getting a little boring – too much like the obnoxious people who tweet what they had for breakfast.  I have stuck to factual reporting – perhaps more opinion, analysis and commentary would have been better, but not consistent with the purposes of this blog – to make a public report of my Mongolian experience. 

July 4 - My 59th birthday

I did not have Internet Sunday evening or Monday morning, so I went to the office early on Monday, hoping to catch up on e-mail and maybe even talk to Nancy by Skype. However, the Internet was not working at the office either, and I did not have Internet until about noon.

I had hoped to do some Westlaw research for the law firm that is planning to do a day on air pollution and also want to do some research on old technology.  No luck.
So I reviewed the material that I did have about air pollution in Ulan Baatar until I eventually got Internet access. 

Everyone in the office knew that it was my birthday: in CHRD office tradition, my computer was decorated with a multicolored snake adorned with colorful stuffed creatures.  I knew the students were planning something: about 2:30 P.M. we went out and took a series of photographs, including photographs of me with all of the students individually and several group photographs. 

When Urna, the director of CHRD, and I realized that we would not see each other again (she is leaving on Tuesday or Wednesday and I will be gone by the time she returns), we sat down and discussed future projects for about an hour. I would really like to help develop environmental litigation in Mongolia, and particularly, to provide assistance to ensure that the wave of multinational corporations that will be invading the country act with some modicum of responsibility. 

After our meeting, I found that Sukchin and Ochiroo were waiting for me to take me to a "surprise” birthday party. They had rented a karaoke room, and we partied for about 3 ½ hours, singing karaoke, drinking vodka and eating birthday cake. I was very glad that the students, en masse, walked me home since, under the social pressure to drink, it probably was not safe for me to walk home alone on city streets.
Clinic students - this is the picture that was given to me framed, which I will put up in the office

The statute of Sukhbataar ("Red hero") in the Square. He led the Mongolian forces that, with Soviet help,  liberated the country from the Chinese and White Russians  in 1921

Monday, July 4, 2011

JUly 2-3

I devoted my last weekend in Mongolia for hiking in the area of Ulan Baatar.

On Saturday, I did the hike that Chimge had warned me against doing: to the summit of Bogdkhan Uul. I took about an hour to walk to the South end of town, and started looking for the trail. I eventually found my way to a resort, and followed a path down from the resort into a steep valley, which ultimately led to the marked trail to the peak.  The trail was very popular and I saw at least 50 hikers during the course of the day.

Saturday night Baatar, Hugh and I went out for a drink, and I enjoyed listening to a discussion of Buddhist  scholarship as well as the best ways of living as a graduate student in Cambridge (Baatar, a monk for 13 years, will be studying at the Harvard Divinity School in September).

Sunday, I went for a hike with a local hiking group, run by an expatriate named  Aki. We took a bus several miles east of the city, towards the airport, and then walked back along a particularly pretty ridge. The other hiking participants were largely people who were in Mongolia to study or to work for non-governmental organizations. It was interesting to compare notes with several of them. 

Again, the pictures that I took of the two days of hiking do not do justice to the loveliness of the forested ridges, although I am happy that I finally did see edelweisses during the second hike. 
Group photo of ridge hike on Sunday

Hike leader Aki

Edelweiss (in slight breeze)

summit rock of Bogdkhan Uul (which I climbed of course)

view of Tsetseegun in distance from Bogdkhan Uul

panorama from summit of Bogdkhan Uuloram

Chinggis Khan statue in Sukhbataar Square

Walking along ridge

Sunday, July 3, 2011

The lawyers training program

The lawyers training program was one of my principal assignments in Mongolia. Obviously, I spent the better part of the week preparing for my eight separate presentations, covering approximately 4 hours of the actual 7½ hours of training. I think the program went pretty well, except for the very serious issue of a very small attendance: approximately 15 lawyers, plus the students in the clinic. 


I am not entirely sure that we offered information of particular value, which may explain the small attendance. I presented what I could:  information about public interest law in general, obviously based upon my experience in the United States, and suggestions for what might be tried in Mongolia, based upon my seven weeks of observation of Mongolian law. I don't know what else I could have done, but I still wonder how valuable the information actually is for Mongolian lawyers.


Some of my presentations, pertaining to the topic of public interest law in general (with a lengthy segment devoted to the civil rights movement in the South, and the particular impact of Brown vs. Board of Education) were designed for a general audience. Other presentations, such as the possible use of international law and the Mongolian Constitution in public interest litigation, were aimed at practicing lawyers.  

Mongolia is one of the few countries in the world that explicitly incorporates international law, including customary international law, in its civil law. This is the direct opposite of the United States, which does not even recognize international treaties that it has signed as part of its own law (cf. the 2008 Supreme Court decision in Medellin). 


Although the Mongolian Constitution provides for a wide range of rights, and Mongolia, like many Asian countries and many countries formerly dominated by the Soviet Union, has a special Constitutional Court, the concept of constitutional litigation is radically different than in the United States. I made a presentation on possible uses of the Constitution, including an explanation of the difference between facial unconstitutionality and unconstitutional as applied.


I also made presentations on the concept of standing for nongovernmental organizations, on the implications of the United States law of evidence, particularly with respect to expert witnesses, for Mongolia, and on nonlitigation tactics, such as boycotts, publicity and creative litigation strategies. 


We had the services of a very good translator; a very interesting woman who works for a women's rights NGO and is also fluent in Russian (having gone to Russia as a student in the last years before 1990). I very much enjoyed hearing her political perspective about the changes in Mongolia and am sorry that I probably will not have another opportunity to speak to her at greater length.


I gave the students my camera to take pictures during the program and they took 98 pictures. Some of them are attached below.


Chimge and me introducing a topic


Lunch: Chimge is next to me, across from Khishge: the translator is across from me

My apartment neighbor Hugh stopped by for about an hour

Several students from the clinic: Eegi, Nomio, Duya, Mumbuu and Baigali

Group photo of all participants

the conference room


After the program, we went back to the CHRD office, where Khishge, Amra and I drank a bottle of Chinggis Vodka. I had gone back to my apartment to get it, and did not realize that I was at serious risk of getting arrested walking back to the CHRD office with the bottle: apparently it is illegal to purchase alcohol on the first day of the month and the police may ask someone seen with alcohol in public where and when it was purchased.

Thursday, June 30, 2011

June 29-30

Two more quiet days, preparing for and anticipating the big training program on Friday. Wednesday, I made my weekly presentation: on non-litigation tactics. I talked about Corporate Campaigns, including Ray Rogers' current campaigns against Coca-Cola, use of publicity, and my experiences in Herkimer twenty years ago.

The students were in high spirits throughout the day, before the presentation, during a lunch break and afterwards. There was an extended discussion in Mongolian, with much laughter, which Chimge said involved me, but that I wasn't supposed to know what it was about.

Tuesday night, I returned to the square to play chess, where I was instantly recognized and played two games with no monetary stakes. Thursday, the students watched the chess videos: apparently nothing was being said about me, but everyone in the video was trying to help my opponent with advice.

Thursday was a quiet day in the office, reviewing my notes for Friday, discussing the conference with Chimge, and meeting with a law firm that is making a presentation.

Late in the afternoon, we had a meeting with two lawyers from a large local firm that will do a case for CHRD challenging air pollution in Ulan Bataar. They were focusing on getting data proving that there are adverse health impacts: I tried to encourage them to focus on developing a legal theory holding the City legally responsible. I suggested a possible claim under the Constitution which guarantees citizens a safe environment.
I also want to meet with them next week to talk about what they can do to investigate the coal plants. I hope to talk to them about ways of measuring pollution from plants, getting relevant information, pollution control technology and air dispersion modeling; standard concepts for environmental lawyers in the U.S., but new concepts for lawyers here. I also promised to do some Westlaw research about anti-smoking cases in the U.S. which they think might be relevant, and will review clean air cases against coal plants (hopefully I can a find a few that raised non-statutory claims.  


I have also met another neighbor in my apartment building: a former Buddhist monk who went to an American university who is going to Harvard to study theology in the fall. He is familiar, but has not yet met Hugh, who has two Master's degrees in Buddhist studies.  I am looking forward to having a few drinks with both of them: we should have some interesting talks.

Tuesday, June 28, 2011

June 27-28

Two quiet days in the office, preparing for the lawyers training program on Friday. Monday, I prepared PowerPoint slides, in English, to be translated into Mongolian. I prepared  presentations on: 1) public interest law in general, including a segment on the experience of public interest law in the civil rights movement in the South,  2) possible uses of international law, 3) Mongolian law in public interest litigation, and 4) standing and justiciability (editing my presentation to the student clinic down to a 30 minute lecture).

Tuesday, I went for what has become my standard morning run,  in a nearby riverbed, avoiding the hard cement and tile street surfaces. 

At the office, I prepared the last two presentations, on nonlitigation strategies to promote the public interest, and on the law of evidence, with special emphasis on the use of expert testimony in litigation. Chimge, who was translating my presentation from yesterday, was a little taken aback by my references to “Freedom Riders”, “Jail, No Bail” and the Ku Klux Klan in my presentation, but thinks they are references that the participants in the training program will enjoy having explained. 
My home for the weekend






Relaxing on my front porch after the afternoon hike

I hiked up to the ridgeline, the eastern border of the Terelj Valley, and most of the ridge that is visible.

Home.

I am attaching the pictures I took during my hikes in Terelj. As previously stated, these pictures do not do justice to the spectacular nature of the terrain.

Monday, June 27, 2011

June 25-26 - visit to Terelj

Hugh had persuaded me that I should stay over in the Terelj, rather than come back the same day (it is only about an hour drive), and I am very glad. It was  very nice waking up in the country, going for a morning run on Sunday, and going for a two-hour horse ride in the afternoon.

My big surprise on Saturday was to learn that the Terelj was the same area where the conference was held two weeks ago, and the ger camp where I stayed was only a few kilometers from the site of the conference. Had I known that, I would have stayed at the same camp as the conference.

Still, where I stayed was comfortable enough, and even though it rained hard early Saturday and early Sunday, I was able to do two fantastic hikes on Saturday and avoided the rain on Sunday. The landscape pictures that I took do not do the area justice (included in next post).

Gaala drove me there and back. Upon arrival home on Sunday, the key broke off in the lock, and I was forced to wait two hours before I could get in to my apartment. Hugh came by, invited me over for dinner, and we had another great talk. It turns out he is also a second degree black belt in Tae Kwon Do, and we compared notes on martial arts.

June 23-24

Thursday morning I met my neighbor Hugh from across the hall coming back from jogging.  A truly fascinating and amazing guy: a former Peace Corps volunteer in western Mongolia, with master's degrees in Buddhist studies from Harvard and Columbia who is here studying Mongolian and doing his PhD thesis on Peace Corps volunteers.
 
Thursday night, we drank up the airag that my hosts gave me to take home and had a wide ranging discussion of the world's issues, including memories of Morningside Heights (where I grew up). Friday night, we had another long discussion, over vodka.

Friday was a quiet, uneventful day in the office. Chimge made the arrangements for me to stay at a ger camp in the Terelj that I wanted to visit, which has some of the best hiking in Mongolia, and also some rock climbing. 

Thursday, June 23, 2011

June 20 - 23

Monday, June 20  According to the workplan, one of my principal tasks is to conduct a  training program on public interest law for Mongolia lawyers . Chimge and I worked on the agenda for this program for about two hours today. In working on the agenda, I used the voice recognition program in the office for the first time: Chimge, Baigali and Amraa were impressed.

I also reviewed the transcript of the psychologist ‘s testimony that I had presented in a trial 10 years ago, which Marilyn had sent to me, and I forwarded it to Amraa and Urna as promised. 


Tuesday, June 21  We met with one student group that had been considering  a case pertaining to uranium mining and a case pertaining to the grant of a mining exploration permit in a sacred area. Neither of those cases are viable: the exploration permit because there are no grounds likely to succeed and the prospective client does not want our assistance, and, in the case of the uranium mining case, the company decided not to proceed with the mining. 


However, one member of the group became aware of another uranium mine, which has been in operation for several years, and there are anecdotal reports of public health problems because of the mine's pollution of a water source and of an association of  local people who are concerned about the mine. The group is looking for a new project, and if everything worked out, this could be an interesting and important toxic tort case. I gave assignments to the group with respect to researching the applicable facts and law. I asked the student who had done excellent work on the exploration permit, and who had shown special persistence in not wanting to give up the case, to undertake the hardest task: contacting the association and getting information from them. 


We also met with the student who was researching the case involving the major coal mine that should have been included in the strategic reserve, and discussed his research with him.


Wednesday June 22  Wednesdays, we conduct seminars with the entire student group, which had been down to  seven students (from original 10), and we now added one more. I spent most of the early morning, from 6 AM to about 10 AM, with an hour and a quarter off for breakfast and a bath, writing up my notes for the presentation.


The subject of the presentation was standing and justiciability. I tried to present it using models from the United States, to illustrate problems that are likely to arise in Mongolia as the law pertaining to standing evolves. Without providing case citations, which would have been meaningless to the Mongolian students,  I talked about the cases of  Baker v. Carr, SCRAP, Sierra Club v. Morton, Society of Plastics v. Suffolk County, and Save the Pine Bush cases.  Generally, my efforts to involve the students in the discussion were unsuccessful: the concepts were apparently too foreign. The students found the fact pattern in SCRAP, where the Court found standing on a very attenuated line of causation unbelievable.

Although the presentation was not as well received as past presentations (I noted that many of the students seemed bored at times), there were some lively discussions: the liveliest discussion at the conclusion of the presentation, was where we should have a party. See pictures below



Chimge I also met with the student who was researching the hydropower case. Although I find it offensive that a country develops an environmentally destructive hydroelectric facility, which would not be economically viable, only to obtain the financial benefit of credits for pollution reduction under Kyoto, I do not think there is much that we will be able to do with respect to this case, especially since I learned that there has already been litigation which was unsuccessful. We asked the student to find out more about the past litigation, and discussed the possibility of addressing the global issue of a developing country pursuing environmentally destructive projects simply to get pollution credits. 


After work, I tried to find out information about the Terelj area, like a hiking trail map. Such things don’t appear to exist: there may be trails, but no maps, even in a tourist area. After walking to various places in town (in the rain, dodging flooded streets), I returned home to cook dinner – except that a power outage stopped me – it was 2 ½ hours before power was restored.


Thursday, June 23 I was surprised to have internet this morning in apartment! After updating blog and trying to Skype Nancy, I finally went for a run (my second of the week). For the most part, I run in the river bed, to avoid the hard tile pavement.

At the office, I worked on preparing for the training program until the afternoon, when Chimge and I met with the students to review all cases. The students will finish up some minor matters, they will plan to go forward with three cases: the case of the coal mine that should be part of the country’s strategic reserve, the possible toxic tort case against the uranium mine, and possibly the metal mine in the South Gobi. 

Making a point, Chimge is at my right.


Wednesday, June 22, 2011

Karakorum trip

After the meeting on Friday morning, Chimge told me that Baigali had decided to join Gaala and me for the weekend trip.  Baigali understands spoken English pretty well, but is unable to speak it. So generally I can say something to her, and she can translate it into Mongolian, but unless the communication is very simple, she cannot translate the response.  We left the CHRD office about 3:30 PM, and it took us about an hour to drive another CHRD staffer the approximately 3/4 of a mile home (traffic in Ulan Baatar is that bad).  Between construction and traffic, it took us another hour or so to get to the outskirts of the city before we had the first of three flat tires.

Given the quality of the roads, flat tires are a way of life in Mongolia. So too are small shops, generally open 24 hours in even small municipalities that fix flat tires. Most of the time, they do the job right. Sometimes as we learned when one of the flat tires which we thought had been fixed became flat a second time, they do not.
I had thought the drive was about four hours to Karakorum, in actuality, it is probably closer to five, and, in our case, we did not arrive until about 11:15 PM. 

I decided that my priority should be to get out of Ulan Baatar on weekends. Although I at first thought to ask Gaala  to drive me to a popular hiking destination less than an hour from the city, he had always seemed particularly anxious to take me to Karakorum. It would not have been my first choice. Even though it was the site of the capital of Mongolia during the 13th century empire, the guidebook indicates that there is little there to see and it is a long drive. Nevertheless, Gaala is the designated driver for CHRD, and is known for taking both CHRD staffers and visiting attorneys on trips out of town. He is someone who is completely trusted by CHRD, and I thought that a trip with Gaala would be an excellent way to experience the country, in a way that I would not be able to do either on my own or with a tourist group. 

And in truth, as described below,  it was exactly that. Nevertheless, there was a hidden agenda: Gaala has extensive family in the Karakorum area, and it was not lost on me that the trip was an excellent way for Gaala to get his gas paid for a trip to visit relatives. If I had known someone like Gaala  who had relatives who lived significantly closer to Ulan Baatar, perhaps I could have  had the same experience without the necessity of 12 hours of driving over the weekend. 

Upon arrival, we went to the home of Gaala's sister and her husband, who greeted us warmly, fed us both various sweets as well as a meal of noodles and mutton. We also drank shots of vodka; I would have stopped at three at the most, but it was not socially acceptable. Perhaps it was a gender thing; Baigali was not expected to drink more than one or two. 

The next morning, Gaala took us to a memorial which was constructed about six years ago to the Mongol Empire. From the memorial, we had a lovely hike along a ridge, which gave us a spectacular view of the Omron valley.  Gaala introduced a boy selling souvenirs  as one of his younger brothers. After returning to the house, where we were fed a sumptuous breakfast, we headed out and stopped at a ger a few miles out of town, which was the home of another sister, where we were served another cup of milk tea.  I also met another man who was described as one of Gaala’s brothers . When I asked him, through Baigali,  how many brothers and sisters he had, he only answered "many.” In a neighboring Ger, we were joined by a man who directed us on a series of four-wheel-drive roads and jeep tracks to a ger which had apparently been set up fairly recently, where we met the two nomad families with whom we would spend the next 20 hours or so.

I was told to personally hand the gifts that we had brought to the two women who were identified as the wives. I then spent a fair amount of time joining Gaala, Julya and Choka, drinking glass after glass of vodka. Finally,  I was asked if I wanted to ride a horse, which was one of the stated attractions of the trip. Baigali and I rode horses, guided by two of the children, about 11 or 12. I was feeling comfortable enough on the horse that I might have tried, if given the chance, to ride the horse without a guide, but was unable to communicate such a request. The horse riding ended when the boy who was guiding Baigali’s horse told me that horse that I was riding was his horse, and he needed it for work. I then watched him ride off to round up livestock.  

During the rest of the afternoon, I spent a fair amount of time playing with the children (about six in all), teaching them how to spike in volleyball. At one point Choka commented that “Mongolian children love you.” Julya and Choka also pressed more vodka upon me, (including their home brewed vodka after we finished off two bottles of store-bought stuff).  I also had  my first taste of airag (fermented mare's milk, which tastes like particularly strong yogurt, but does not taste alcoholic). 

We traveled, by car over the roadless steppe, about a kilometer to the other ger, where I participated or tried to participate, in the milking of the goats. Baigali walked back with the young girl who had basically adopted us (she is featured in the photographs, wearing a green top – she told me her name, but I can’t pronounce it, let alone spell it).  At some point, it became him clear that the car, with all of our stuff, needed to be moved back to the original ger, but Gaala was passed out on the driver’s seat.

I walked over to the original ger, explained the situation to Baigali, assured her that I could drive the car back if necessary, but that we probably needed to do something about Gaala. We walked back, and were able, with considerable difficulty, to rouse Gaala. What I did not know was that Gaala had arranged to purchase a sheep.  After he had been roused,  an adult sheep was picked up and unceremoniously dumped in the trunk of the car for the trip back. 

Upon our return, a sheep’s head was cooked: this is considered a delicacy, and our hosts ensured that I had an opportunity to sample the choicest parts of the food: it was delicious.

After removal from the car, the live sheep was never given a chance to move, but was tied on a very short rope. It was then led to a secluded area behind the ger, where it was placed on its back. Since I have been eating a lot of meat since I have been in Mongolia, I felt it was an important part of my education to see how the sheep was to be slaughtered. I had expected that Julya would kill the sheep by slitting its throat: instead, he stabbed it in the chest, and proceeded to remove the heart, and then the other internal organs. During the approximately two minutes that it took before the sheep was undoubtedly dead, it occasionally went into convulsions, and I was obliged to hold its hind legs.

In the evening, the girl in green amused herself by ordering me to “sing a song” and then ordering me to stop. I also helped her with the roundup of the livestock: all of the baby animals, both calves and baby goats, were placed in the corral, while the adults were left outside. This meant that we grabbed the babies, sometimes while they were nursing, and either dragged or carried them to the corral. 

I had thought that the sheep's head was dinner: in actuality, we were served an additional dinner at about 9 PM, consisting of boiled mutton and rice. 

After dinner, I placed my sleeping bag out on the ground, intending to sleep outside on the open steppe. I was emphatically told not to do this, first by one of our women hosts, and then by Baigali. Since it rained all night, it was probably a good thing that I slept in the ger. Baigali slept in the car, along with the girl. 

When I awoke at 5:15, no one else was awake, and I went for a walk and jog for about an hour. When I came back, Julya was butchering the sheep. For about an hour and a half, we hung out, drank some more vodka, and various other individuals wandered in until everyone was awake.  We were served milk tea and biscuits and it was, so I thought, time to leave. 

Choka spoke a few words of English, and was able to communicate to me that Barack Obama was good. The restrictions of the language being what they are, I did not want to try to engage in a nuanced conversation about Obama: I simply agreed that he was good, and to Choka’s delight , used sign language to make it abundantly clear that I thought that George Bush was bad.

When we tried to leave, we discovered that the battery in Gaala’s car was dead. Although nobody had cables, our hosts were able to figure out some way of transferring the charge from the battery in their pickup truck to get the car started. We then all drove back to the other ger, where, in addition to milk tea, we also had several bowls of airag and were offered more home brewed vodka. 

Choka joined us for a drive across the steppe to Khar Balgas, the ruins of the 8th century capital of the Uighur Khaganate. All that is left of the city are the exterior walls, a line of stupas outside, and one high stupa inside, which we climbed.  Then we went to the home of Choka’s parents, where we stayed for about an hour and a half while his mother cooked us a meal of noodles and mutton, and, once again, vodka was urged upon us. 

Finally, we said our final goodbyes, and went to tour the monastery of Erdene Zuu Khiid, which was the first Buddhist monastery in Mongolia, founded in 1586. The monastery is immediately adjacent to the site of Karakorum, the capital of the Mongolian Empire in the 13th century, which was destroyed in 1388. Many of the remnants of the buildings were apparently used for the construction of the monastery.  Most of the monastery was destroyed in 1937, as part of the Stalinist purge of Buddhism, but several buildings survived, and a considerable amount of artwork was preserved. We also walked over to Karakorum. 

The long drive home was broken up for a camel ride. When we were almost home, we had another flat tire, this time on a bridge just outside of Ulan Baatar and we had to change the tire in heavy traffic.
For some reason, I did not have a lot of energy after getting home about 7:45 PM, and after a light dinner, was soon asleep.

Tuesday, June 21, 2011

Karakorum trip pictures

I will finish a long post on the trip to Karakorum tonight (Tuesday morning EDT) and will post it tonight if I can, otherwise tomorrow.

Meanwhile, here are some pictures of the trip, with captions where useful. I may add other pictures later

Panoramic view of Omron Valley




on ridge hike near monument

Baigali

Calf on back seat of disabled vehicle


I spent a lot of time entertaining children at camp...

...when they weren't working

or trying to teach me something - like how to milk goats





our hosts Choka and Julya

unknown, Choka, me, Choka's wife, Baigali and Julya


at stupa at ruins of 8th century Turkish city, Gaala, me and Choka

Baigali at stupa

in front of monastery complex at Erdene Zuu Khiid

Lavrin Sum: Tibetan-style addition to monastery

petting the 13th century stone turtle, at the site of the ancient capital of Karakorum



I am getting the knack of camel riding