Kimberley Motley: How I defend the rule of law | TED

翻译人员: Jian Zhipeng 校对人员: Yee Xian Liew

Let me tell you a story

让我来讲一个故事

about a little girl named Naghma.

主人公是个叫纳格玛的小女孩

Naghma lived in a refugee camp

她和父母及8个兄弟姊妹

with her parents and her eight brothers and sisters.

同住在难民营里

Every morning, her father would wake up

每个早上，她父亲

in the hopes he'd be picked for construction work,

总希望能在工地上找到点活

and on a good month he would earn 50 dollars.

走运的时候他能一个月挣上50美金

The winter was very harsh,

在一个很冰雪严寒的冬天

and unfortunately, Naghma's brother died

纳格玛的一位兄弟不幸死去了

and her mother became very ill.

她母亲也患了重病

In desperation, her father went to a neighbor

在绝望之下，他父亲向邻居

to borrow 2,500 dollars.

借了2500美金

After several months of waiting,

几个月的等待后

the neighbor became very impatient,

邻居的耐心消耗殆尽

and he demanded that he be paid back.

他要求纳格码父亲还钱

Unfortunately, Naghma's father didn't have the money,

不幸的是，纳格玛的父亲拿不出钱

and so the two men agreed to a jirga.

两人于是同意通过族长会议解决问题

So simply put, a jirga is a form of mediation

简而言之，族长会议是一种

that's used in Afghanistan's informal justice system.

阿富汗民间的仲裁手段

It's usually presided over by religious leaders

主持者通常是宗教领袖

and village elders,

或是村里的长者

and jirgas are often used in rural countries like Afghanistan,

族长会议多见于阿富汗这类乡村国家

where there's deep-seated resentment

这些国家的人民对政府

against the formal system.

抱有根深蒂固的仇恨

At the jirga, the men sat together

在会议中，人们围坐在一起

and they decided that the best way to satisfy the debt

商讨得出偿债的最佳方案

would be if Naghma married the neighbor's 21-year-old son.

就是让纳格玛嫁给邻居21岁的儿子

She was six.

当时她才6岁

Now, stories like Naghma's unfortunately

很不幸，像纳格玛这样的遭遇

are all too common,

现在仍然屡见不鲜

and from the comforts of our home,

而置身事外的我们

we may look at these stories as another

也许能将这个故事

crushing blow to women's rights.

视作对女权运动的一次重击

And if you watched Afghanistan on the news,

如果你看过阿富汗的新闻

you may have this view that it's a failed state.

也许你会觉得这个国家已陷入混乱

However, Afghanistan does have a legal system,

然而，阿富汗其实是有法律体制的

and while jirgas are built on long-standing tribal customs,

虽然族长会议基于传承已久的部落风俗

even in jirgas, laws are supposed to be followed,

按理上它应该遵守法律

and it goes without saying

很显然

that giving a child to satisfy a debt

用孩子来偿债

is not only grossly immoral, it's illegal.

这不仅粗鲁缺德，而且违法

In 2008, I went to Afghanistan

08年我受一个司法公正项目赞助

for a justice funded program,

去了阿富汗

and I went there originally on this nine-month program

起初是为了一个为期9个月的项目

to train Afghan lawyers.

培训阿富汗的律师们

In that nine months, I went around the country

这9个月里，我造访了全国各地

and I talked to hundreds of people that were locked up,

和上千位被关押的人谈过话

and I talked to many businesses

也和很多在阿富汗

that were also operating in Afghanistan.

营运的公司进行了交流

And within these conversations,

在这些对话中

I started hearing the connections

我逐渐了解了这些企业

between the businesses and the people,

与民众之间的关系

and how laws that were meant to protect them

也了解到那些应该保护人们的法律

were being underused,

如何没有好好地被利用

while gross and illegal punitive measures were overused.

反之，粗暴而违法的处罚成为常态

And so this put me on a quest for justness,

这让我决心伸张正义

and what justness means to me

正义对我而言

is using laws for their intended purpose,

是让法律

which is to protect.

起到原有的目的

The role of laws is to protect.

法律的作用是提供保护

So as a result, I decided to open up a private practice,

因此，我决定开间私人事务所

and I became the first foreigner to litigate

并成为阿富汗法庭上第一位

in Afghan courts.

外籍诉讼律师

Throughout this time, I also studied many laws,

在此期间，我还研究了很多法律条文

I talked to many people,

和很多人作了交谈

I read up on many cases,

看了很多案例

and I found that the lack of justness

我发现，正义的缺失不仅仅

is not just a problem in Afghanistan,

只在阿富汗发生

but it's a global problem.

这其实是个全球性问题

And while I originally shied away from

之前我选择避开那些

representing human rights cases

和人权相关的案件

because I was really concerned about how it would

因为那时我担心它在职业生涯和个人生活上

affect me both professionally and personally,

会带来怎样的不可预测的影响

I decided that the need for justness was so great

当我确定正义是如此地需要伸张时

that I couldn't continue to ignore it.

我知道我不能再逃避

And so I started representing people like Naghma

所以我开始为像纳格玛这样的人们辩护

pro bono also.

也做无偿性辩护

Now, since I've been in Afghanistan

在阿富汗这样的国家

and since I've been an attorney for over 10 years,

对于有过十多年律师经验的我，

I've represented from CEOs of Fortune 500 companies

我代表的上至500强企业

to ambassadors to little girls like Naghma,

下至纳格玛这样的小女孩

and with much success.

胜诉率很高

And the reason for my success is very simple:

我成功的理由很简单

I work the system from the inside out

我以法律体制的本质为出发点

and use the laws in the ways

将法律用于行使

that they're intended to be used.

它们本来的职能上

I find that

我发现

achieving justness in places like Afghanistan

在阿富汗这样的地方要获得正义

is difficult, and there's three reasons.

很难的原因有三

The first reason is that simply put,

首先，简单来说

people are very uneducated as to what their legal rights were,

人们对他们的法律权利一无所知

and I find that this is a global problem.

这其实也是个全球性问题

The second issue

其次

is that even with laws on the books,

即使有成文法

it's often superseded or ignored

它们也通常被部落风俗忽视甚至篡改

by tribal customs, like in the first jirga

就像开头提到的把纳格玛

that sold Naghma off.

当货物出卖的族长会议

And the third problem with achieving justness

第三个问题关于获取正义的途径

is that even with good, existing laws on the books,

即使书上有合理的法律

there aren't people or lawyers that are willing to fight

我们缺乏律师和其他人愿意牺牲

for those laws.

为维护法律而战

And that's what I do: I use existing laws,

这正是我在做的：我运用那些

often unused laws,

被当成花瓶的法律

and I work those to the benefits of my clients.

来维护我当事人的利益

We all need to create a global culture

我们都需要为人权

of human rights

创造一个全球性地文化氛围

and be investors in a global human rights economy,

并且为全球人权建设添砖加瓦

and by working in this mindset,

以这样的心态努力

we can significantly improve justice globally.

我们能大大改进全球的司法现状

Now let's get back to Naghma.

回到纳格玛的故事

Several people heard about this story,

一些人听说了之后

and so they contacted me because they wanted

他们联系了我

to pay the $2,500 debt.

想代还那2500美元的债务

And it's not just that simple;

但事情并非这样简单

you can't just throw money at this problem

你不能妄想仅仅靠出钱

and think that it's going to disappear.

就能根治问题

That's not how it works in Afghanistan.

这在阿富汗是行不通

So I told them I'd get involved,

于是我告诉他们我要参与

but in order to get involved, what needed to happen

但参与的前提，就需要

is a second jirga needed to be called,

再召开一次族长会议

a jirga of appeals.

一个申诉的族长会议

And so in order for that to happen,

要让它顺利召开

we needed to get the village elders together,

我们需要将村里的长老

we needed to get the tribal leaders together,

和部落领袖

the religious leaders.

还有宗教领袖聚到一起

Naghma's father needed to agree,

我们要征得纳格玛爸爸的同意

the neighbor needed to agree,

要征得邻居的同意

and also his son needed to agree.

还要征得他儿子的同意

And I thought, if I'm going to get involved in this thing,

我觉得，要是我想参与其中

then they also need to agree that I preside over it.

他们得承认我的权威性

So, after hours of talking

所以，经过数小时谈话

and tracking them down,

挨家挨户找到他们

and about 30 cups of tea,

并且喝了近30杯茶之后

they finally agreed that we could sit down

他们最终同意一起

for a second jirga, and we did.

召开第二次族长会议

And what was different about the second jirga

这次会议与上次的不同之处在于

is this time, we put the law at the center of it,

这回司法成为核心

and it was very important for me

对我来说

that they all understood that Naghma

他们都能理解纳格玛有权受保护

had a right to be protected.

是很重要的

And at the end of this jirga,

这次族长会议结束时

it was ordered by the judge

法官宣布

that the first decision was erased,

上次的决议作废

and that the $2,500 debt was satisfied,

2500美金的债务问题解决了

and we all signed a written order

我们都签了一份书面文书

where all the men acknowledged

这样每个人都知道了

that what they did was illegal,

他们之前的做法是违法的

and if they did it again, that they would go to prison.

要是他们再这么做，会因此入狱

Most —

多数……

(Applause)

（掌声）

Thanks.

谢谢

And most importantly,

而最为重要的是

the engagement was terminated

婚约被取消了

and Naghma was free.

纳格玛自由了

Protecting Naghma and her right to be free

保护纳格玛和她自由的权利

protects us.

其实也是在保护我们自己

Now, with my job, there's above-average

现在我这份工作的危险性

amount of risks that are involved.

远高于平均水平

I've been temporarily detained.

我受过临时拘禁

I've been accused of running a brothel,

我曾被诬告经营妓院

accused of being a spy.

我曾被诬陷为间谍

I've had a grenade thrown at my office.

我办公室曾被手榴弹袭击

It didn't go off, though.

不过它没有爆炸

But I find that with my job,

但是我觉得我的工作

that the rewards far outweigh the risks,

带来的成就感远大于风险

and as many risks as I take,

而且，我承担的风险和我的当事人相比

my clients take far greater risks,

是微不足道的

because they have a lot more to lose

因为如果他们的案子无人问津

if their cases go unheard,

他们将失去的实在太多

or worse, if they're penalized for having me as their lawyer.

甚至，他们还会因请了我作为律师而受罚

With every case that I take,

我每接一个案子

I realize that as much as I'm standing behind my clients,

就更意识到在我支持我的当事人

that they're also standing behind me,

同时他们也支持着我

and that's what keeps me going.

这是我坚持下去的来源

Law as a point of leverage

法律作为一个支点

is crucial in protecting all of us.

对于保护大家有关键作用

Journalists are very vital in making sure

记者在确保正确的信息

that that information is given to the public.

被传达给观众这一点上也起关键作用

Too often, we receive information from journalists

然而，我们经常从记者那里获得信息

but we forget how that information was given.

却忘了这些信息是如何采集来的

This picture is a picture of the

这张照片

British press corps in Afghanistan.

是英国报社记者们在阿富汗的合影

It was taken a couple of years ago by my friend David Gill.

是十几年前由我的朋友大卫·吉尔拍摄的

According to the Committee to Protect Journalists,

据记者保护协会所称

since 2010, there have been thousands of journalists

2010年以来，已有近千民记者

who have been threatened, injured,

被威胁，被伤害

killed, detained.

被杀，被拘禁

Too often, when we get this information,

很多时候，我们在取得信息的时候

we forget who it affects

忘了它将会影响哪些人

or how that information is given to us.

或者这信息是怎样传达给我们的

What many journalists do, both foreign and domestic,

很多国内外的记者的所作所为是很了不起的

is very remarkable, especially in places like Afghanistan,

特别是在阿富汗这样的地方

and it's important that we never forget that,

我们不该忘记这一点

because what they're protecting

因为他们所保护的

is not only our right to receive that information

不只是我们获得信息的权利

but also the freedom of the press, which is vital

更是民主社会的梁柱

to a democratic society.

新闻自由

Matt Rosenberg is a journalist in Afghanistan.

马特·罗森堡是位在阿富汗的记者

He works for The New York Times,

他为纽约时报工作

and unfortunately, a few months ago

不幸的是，几个月前

he wrote an article that displeased

他的一篇文章触怒了

people in the government.

当地政府要员

As a result, he was temporarily detained

结果他不仅受了临时拘禁

and he was illegally exiled out of the country.

还被非法地驱逐出境了

I represent Matt,

我为马特辩护

and after dealing with the government,

在和政府交涉之后

I was able to get legal acknowledgment

我收到了合法承认书

that in fact he was illegally exiled,

承认他被非法驱逐的事实

and that freedom of the press does exist in Afghanistan,

以及在阿富汗，新闻享有自由

and there's consequences if that's not followed.

而不实现的话会产生严重后果

And I'm happy to say that

我很高兴地宣布

as of a few days ago,

就在几天前

the Afghan government

阿富汗政府

formally invited him back into the country

正式邀请他重回该国

and they reversed their exile order of him.

他们撤消了他的驱逐令

(Applause)

（掌声）

如果一位记者受到审查，其他人会感受到威胁

If you censor one journalist, then it intimidates others,

and soon nations are silenced.

很快国家就缄默了

It's important that we protect our journalists

所以保护记者们和新闻的自由

and freedom of the press,

是非常重要

because that makes governments more accountable to us

因为这会让政府对人民更加负责任

and more transparent.

执政也更透明

Protecting journalists and our right

保护记者和人民的知情权

to receive information protects us.

就是保护我们自己

Our world is changing. We live in a different world now,

世界一直在变，现在的和之前已大不相同

and what were once individual problems

过去的个人问题

are really now global problems for all of us.

现已成为涉及每个人的全球性问题

Two weeks ago, Afghanistan had its first

两周前，阿富汗迎来了首次

democratic transfer of power

民主权力交接

and elected president Ashraf Ghani, which is huge,

并选出总统阿什拉夫·加尼，这意义重大

and I'm very optimistic about him,

我对他持乐观态度

and I'm hopeful that he'll give Afghanistan

我希望他能为阿富汗带来

the changes that it needs,

该国所需的变化

especially within the legal sector.

特别是法律方面

We live in a different world.

我们生活的世界不同了

We live in a world where my eight-year-old daughter

现在我8岁的女儿

only knows a black president.

只知道有位黑人总统

There's a great possibility that our next president

但我们的下任总统也许

will be a woman,

会是位女总统

and as she gets older, she may question,

那她渐渐长大时，也许会思考

can a white guy be president?

白人男子能当总统吗？

(Laughter)

（笑声）

(Applause)

（掌声）

Our world is changing, and we need to change with it,

我们的世界在改变，我们要随之而变

and what were once individual problems

过去我们个人的问题

are problems for all of us.

现在是每个人的问题

According to UNICEF,

联合国儿童基金会称

there are currently over 280 million

现有近28亿少男少女

boys and girls who are married

未满15岁

under the age of 15.

就结婚了

Two hundred and eighty million.

整整28亿

Child marriages prolong the vicious cycle

童婚会延长贫困

of poverty, poor health, lack of education.

疾病，教育缺失的恶性循环

At the age of 12, Sahar was married.

瑟哈尔12岁时出嫁了

She was forced into this marriage

她被哥哥卖掉

and sold by her brother.

被迫结了婚

When she went to her in-laws' house,

在她去了男方家里之后

they forced her into prostitution.

他们强迫她卖淫

Because she refused, she was tortured.

因为她拒绝照做，所以饱受折磨

She was severely beaten with metal rods.

她被铁棍狠狠打了

They burned her body.

他们还烫伤她

They tied her up in a basement and starved her.

把她绑在地下室让她挨饿

They used pliers to take out her fingernails.

用钳子拔下她的指甲

At one point,

有一回

she managed to escape from this torture chamber

她成功地逃离了这个行刑室

to a neighbor's house,

逃进了邻居家

and when she went there, instead of protecting her,

但她进去之后，邻居非但没保护她

they dragged her back

还把她拖回

to her husband's house,

她丈夫家

and she was tortured even worse.

她受到了更严酷的折磨

When I met first Sahar, thankfully,

幸好，在我遇到瑟哈尔时

Women for Afghan Women

阿富汗妇联

gave her a safe haven to go to.

给她提供了一个安全的避风港

As a lawyer, I try to be very strong

作为律师，为了我的当事人

for all my clients,

我尽量表现得强势

because that's very important to me,

因为这非常重要

but seeing her,

但看到她

how broken and very weak as she was,

看到她伤痕累累、虚弱不堪

was very difficult.

你很难咄咄逼人

It took weeks for us to really get to

我们花了好几周时间

what happened to her

才弄清楚了在那间屋子里

when she was in that house,

她经历了什么

but finally she started opening up to me,

最终她对我敞开心扉

and when she opened up,

当她倾诉一切时

what I heard was

我发现

she didn't know what her rights were,

她并不了解自己的权利

but she did know she had a certain level of protection

但她知道自己应该从背弃了她的政府那里

by her government that failed her,

受到一定程度的保护

and so we were able to talk about

因此，我们能商讨

what her legal options were.

她所能采取的法律手段

And so we decided to take this case

我们决定上最高法院

to the Supreme Court.

提出起诉

Now, this is extremely significant,

这意义重大

because this is the first time

因为这是阿富汗历史上第一起

that a victim of domestic violence in Afghanistan

有律师出庭代理的

was being represented by a lawyer,

家庭暴力案件

a law that's been on the books for years and years,

这条法律在书本上沉眠已久

but until Sahar, had never been used.

在瑟哈儿案之前，从未被使用过

In addition to this, we also decided

此外，我们还决定

to sue for civil damages,

起诉要求民事赔偿

again using a law that's never been used,

这条法律之前也不曾被使用过

but we used it for her case.

但在她的这个案子里我们用了

So there we were at the Supreme Court

所以我们在最高法院

arguing in front of 12 Afghan justices,

在12位阿富汗法官面前争辩

me as an American female lawyer,

我，一名女性美国律师

and Sahar, a young woman

和瑟哈儿，这位年轻女子

who when I met her couldn't speak above a whisper.

在我刚遇见她时甚至不会大声讲话

She stood up,

但她站了出来

she found her voice,

勇敢发言了

and my girl told them that she wanted justice,

这好姑娘告诉法官她要求获得正义

and she got it.

她确实得到了

At the end of it all, the court unanimously agreed

最终，法庭一致同意

that her in-laws should be arrested for what they did to her,

她的夫家该为他们对她的种种虐待而入狱

her fucking brother should also be arrested

她的混蛋哥哥也该为把她卖掉

for selling her —

而被逮捕

(Applause) —

（掌声）

and they agreed that she did have a right

他们同意她有权

to civil compensation.

获得民事赔偿

What Sahar has shown us is that we can attack

瑟哈儿的故事告诉我们，通过

existing bad practices by using the laws

运用法律让它们起到该有的作用

in the ways that they're intended to be used,

我们能撼动存在已久的陋习

and by protecting Sahar,

保护了瑟哈儿

we are protecting ourselves.

我们也保护了自己

After having worked in Afghanistan

在阿富汗工作了

for over six years now,

六年多之后

a lot of my family and friends think

我的很多家人和朋友以为

that what I do looks like this.

我的工作性质是这样的

(Laughter)

（笑声）

But in all actuality, what I do looks like this.

其实，我的工作场景是这样的

Now, we can all do something.

现在我们每个人都能出一份力

I'm not saying we should all buy a plane ticket and go to Afghanistan,

我没有让大家买张机票去阿富汗

but we can all be contributors

但我们可以为全球人权建设

to a global human rights economy.

尽上一份力

We can create a culture of transparency

我们可以创造一个透明、

and accountability to the laws,

法律意识高的文化

and make governments more accountable to us,

使政府对我们更尽责

as we are to them.

这是我们的责任

A few months ago, a South African lawyer

几个月前，一位南非律师

visited me in my office

来我办公室拜访了我

and he said, "I wanted to meet you.

他说，“我想见见你

I wanted to see what a crazy person looked like."

想知道这样一个疯狂的家伙长什么样“

The laws are ours,

法律属于我们

and no matter what your ethnicity,

不论民族

nationality, gender, race,

国籍，性别，种族

they belong to us,

法律属于我们每个人

and fighting for justice is not an act of insanity.

为正义而战不是什么疯狂行为

Businesses also need to get with the program.

商业界也需要加入到这个项目中来

A corporate investment in human rights

公司对人权的投资

is a capital gain on your businesses,

其实会带来生意上的收益的

and whether you're a business, an NGO,

不论你是企业，非政府组织

or a private citizen, rule of law benefits all of us.

或是市民，法规让我们每个人收益

And by working together with a concerted mindset,

以这样的心态共同努力

through the people, public and private sector,

通过人民，通过政府部门和私营部门

we can create a global human rights economy

我们能构建全球人权经济环境

and all become global investors in human rights.

每个人都成为人权的投资者

And by doing this,

这样一来

we can achieve justness together.

我们就能共同获得正义

Thank you.

谢谢

(Applause)