A Message from the Editorial Board

On IHRP summer fellowships and unpaid labour 

By: Sabrina Sukhdeo (3L) and Taskeen Nawab (3L)

Dear Readers, 

As the pandemic waged into the warmer months of 2021, students who had once entertained hopes of travelling abroad for a summer of meaningful research and advocacy were reeled into the world of remote work for a second consecutive year. Early this January, the University extended its initial suspension of outbound student activities until September 1, 2021, shutting the door on any possibility of Faculty-funded overseas adventures. But for the summer fellows of the International Human Rights Program (IHRP), as was the case last year, this travel ban did not knock the wind out of their sails (proverbially, at least!). In fact, the IHRP facilitated 12 fellowships this summer, virtually placing students at various non-governmental and intergovernmental organizations around the world. 

In this issue of Rights Review, we hear from a selection of those students. From investigating collusion and corruption at one of the world’s largest lenders of development finance, to building accountability tools for communities harmed by UN sexual exploitation and abuse, to supporting the global push for vaccine equity in the pandemic era—this year’s IHRP fellows have certainly shown that working from home can have an impact far beyond one’s own borders. A fledgling partnership between the University and the South African Society for Labour Law (SASLAW) also endured despite the circumstances, as the SASLAW Pro Bono Project hosted its third cohort of students from the Faculty of Law. Clearly, there was no lack of enthusiasm and dedication to diving into meaningful work and developing practical skills in the area of international human rights advocacy. 

As these editorials reveal, these fellowships set the stage for transformative experiences and valuable connections that would otherwise be impossible for many students. However, the precious nature of these opportunities should not be glorified. Quite the opposite, we should unsettle the scarcity and precarity that distinguish labour in non-governmental or non-profit organizations and turn a critical gaze on the conditions that give rise to the IHRP Summer Fellowship Program. 

The use of unpaid labour is rife in the human rights field. This is partly a story of high demand for and high supply of unpaid labour. While not all NGOs are made equal, many deal with unstable and insufficient funding for their activities. Much of their capacity heavily relies on government grants, corporate contributions, and individual donations—none of which are guaranteed on a long-term basis. Furthermore, given the ever-tightening job market, there are many students and newly-minted graduates desperate for attractive work experience. The human rights field also tends to peddle a sense of martyrdom: the idea that the work being done is more important than the person doing the work, that sacrificing one’s well-being for “the cause” is noble and righteous (and thus, expected).

Of course, this narrative does not hold up. “The cause” could never intelligibly exclude just working conditions. As Dickson C.J. wrote in Alberta Reference (1987), “Work is one of the most fundamental aspects in a person’s life, providing the individual with a means of financial support and, as importantly, a contributory role in society. A person’s employment is an essential component of [their] sense of identity, self-worth and emotional well-being.” Decent wages, safe workplaces, and fair working conditions for all are crucial to a world where people can lead dignified, meaningful, and fulfilling lives. Indeed, the struggle for workers’ rights sits at the intersection of movements for racial justice, gender justice, climate justice, and more. The exploitative nature of unpaid internships is thus particularly unconscionable in organizations dedicated to advancing human rights. 

The hypocrisy here does not stop at perpetuating precarious employment. Unpaid internships have the additional effect of shutting out marginalized individuals, not only from key professions but also from organizations whose activities directly impact their communities. Young adults from low-income backgrounds typically cannot afford to work for nothing. As these organizations recruit relatively privileged individuals instead, the services that they provide are at best deficient, and at worst actively harmful to the communities they purport to serve. Equally regrettable is the fact that unpaid internships tend to drive down wages across the board as prospective employees are forced to compete with those willing and able to work for free. 

The IHRP Summer Fellowship Program is a band-aid solution to this gaping wound in the legal job market. As such, we urge students to take advantage of this funding source and the rare chance to spend a summer learning about transnational advocacy, organizing, and solidarity on the ground. Although the University travel suspension remains in place until December 31, 2021, and it is uncertain whether it will be lifted in time for the coming summer, this issue of Rights Review shows that rewarding experiences await those who are awarded fellowships—even when their most exciting journey is a trip from their bedroom to the kitchen. However, unpaid internships continue to raise ethical and equity issues that cannot be ignored. While we hope that students at the Faculty of Law commit to fighting injustices and dismantling systems of oppression through legal advocacy, we also hope that the fellowships that today allow students to fulfill this commitment are one day rendered unnecessary.  

Sincerely, 

Sabrina Sukhdeo and Taskeen Nawab
Co-Editors-in-Chief, Rights Review 2021-2022