How an unlikely alliance delivered a vital legal project in Tanzania
Red Lion Chambers’ Sailesh Mehta writes about why he carried out an exploratory trip to Tanzania to set up a legal project, with help from an unlikely source - plastic surgeons.
Africa has long been a battleground for competing outside influences. The continent has a long and troubled history. Ancient Greeks, Romans, Arabs and Malays all established colonies there. Then came the Europeans with their New Imperialism and “Scramble for Africa” in which Africa was carved out between Britain, France, Germany, Portugal, Spain and Italy.
Over 12 million Africans were stolen from the land of their birth and taken into slavery. Africa’s human and natural wealth was drained over many decades. Then there was a period of gradual de-colonisation after World War II. However, the control of Africa’s wealth remained on the agenda for the new “superpowers”, through Cold War's proxy conflicts, to the US and China's growing modern-day rivalry. Britain has played a leading role in the pillaging of Africa.
Britain is morally obliged to make its fair share of reparations to Africa. That is unlikely to ever happen. Aid to Africa has been modest and has now become a political football. With the merging of the Foreign Office and the Department of International Development, the UK is clearly linking aid with politics.
This is nothing new and, according to many African commentators, merely reflects the reality of what has always happened. However, it does not help the situation when the then Foreign Secretary, Boris Johnson, said in 2022 "for too long British overseas aid has been treated as some giant cashpoint in the sky". He had previously written that he believed Britain should not have given up its colonies in Africa.
Because of this approach it is not surprising that there is a level of distrust about any assistance that Britain provides to Africa. Some of the “soft power” that Britain exercised in many parts of the world has been reduced due to short-sighted financial cutbacks on aid projects or because the recipient is suspicious of Britain’s motives.
It is in this context that I have decided to set up a small legal project that aims to do a modicum of good and bring together some lawyers from two continents in a common goal to help local citizens.
I have a strong connection with Africa, particularly Tanzania. It is the land of my birth. It is in my blood. I do not go there often enough, but when I arrive, I feel at home. I last visited about five years ago, as part of a delegation of Judges from England and Wales. I was speaking about an aspect of Environmental Law to an audience of nearly 500 Judges from about 25 Commonwealth jurisdictions. We found more in common with each other than differences. We all had the same concerns about our respective Governments’ respect for the rule of law, about “enemy of the people” headlines whenever the State disagreed with a judicial decision, delays in the Court system, and concern that ordinary people were finding it more and more costly to access justice. I resolved to find a reason to return to Tanzania.
It’s odd how unlikely paths can lead to a desired destination. During the Covid lockdowns, I helped a friend with minor legal problems such as suspending cleaning contracts for his medical surgery or dealing with data storage. He is a plastic surgeon who heads a large grouping of about 150 plastic surgeons. He told his friends about my advice, and I became an unofficial and unpaid adviser to the second largest group of plastic surgeons in England.
“As budgets are squeezed and foreign aid decreases, as the economy suffers and austerity measures hit the poor hardest, the importance and need for pro bono legal projects will increase.”
Because they were embarrassed to receive pro bono advice from a legal aid lawyer, they set up a fund into which each surgeon would make a contribution every time they received advice from me. There is now a substantial amount of money in the fund – enough to use to set up a legal project in Tanzania.
Every year, the group of plastic surgeons goes to a part of the planet to operate on those most in need of their expertise without any cost to the patient. Ghana and India have been recent destinations. The operations include cleft palate surgery and skin grafts for burns victims.
Usually, the operations are life-changing for the patient, who are often young and vulnerable. All are poor. Often, such services do not exist at all where they live or can only be afforded by the wealthy. The surgeons (many of them leading lights in their field) are mainly from the UK but others join from all over the world. They give their time and skills during long exhausting days, and they rarely take time out to see the country they are in.
When I was consulted about the next venue for the surgery camp, I suggested Tanzania. So, in mid-October, I flew to Dar-es-Salaam with a small group of surgeons who are setting up the logistics for the surgery camp which will take place next year. I met some local lawyers, NGO’s, Government officials and local people to find out what legal services would be of most use.
I will investigate whether a legal assistance centre, or a prisoners’ rights advice group or a human rights centre might be of greatest use. Or a lawyers’ training school teaching judicial review. It may be none of these. It may well be that the best use of resources can be made simply by funding an existing project. I went with no preconceptions and to be guided by what I found when I reached Dar-es-Salaam.
Ideally, the project in Dar-es-Salaam will be run by local volunteer lawyers, and by lawyers from the UK attending on a rotating basis a few months a year. I would want to build a project supported by the Bar Council and the Law Society, which can encourage Pupil barristers and Trainee solicitors to a part of their training there. If the project is right and has local support, my experience is that here will be businesses in Tanzania and the UK that will want to support and fund it.
There are many UK law firms in Tanzania that are likely to want to give something back to Tanzania and take an active part. I have found that most lawyers came into the profession to do some good and if given an opportunity to do so, they will find the time and inclination to set aside some time to work pro bono.
I am also convinced that projects which bring together people from different countries and cultures benefit both parties and often act as a catalyst for other community-based activity.
Of course, these are early days and the whole project is simply at the planning stage. And if it does not work out, it will have been worth trying and failing than not to have tried at all.
Four young barristers about 30 years ago had similar thoughts when considering about setting up the Bar Human Rights Committee. I was one of the founding members of this now thriving organisation which has done much good in numerous countries. We did not know if we would sink or swim, but knew we had to try, even though we risked failure.
So, it is with all such projects – the trick is to do things that matter and to continue doing them. I am of the view that the work of lawyers is an essential part of the fabric of society.
The pro-bono work we do, both here and abroad, is almost as important. As budgets are squeezed and foreign aid decreases, as the economy suffers and austerity measures hit the poor hardest, the importance and need for pro bono legal projects will increase. And I have no doubt that many lawyers will take up the challenge – we always have.
Sailesh Mehta is a barrister at Red Lion Chambers. He sits as a Recorder in the Crown Court. He practices in crime and regulatory law. He was a founding member of the Society of Asian Lawyers and of the Bar Human Rights Committee. He was elected to the Bar Council. He lectures internationally on aspects of human rights and environmental law. If you are interested in finding out more, or assisting Sailesh’s project, please contact him on Sailesh.mehta@18rlc.co.uk.