Shaun Johnson’s experience in the Middle East as a GC

Shaun Johnson graciously provided additional context regarding how he first began operating in the Middle East, which illustrates one paradigmatic example of how international GCs and in-house counsel have made a shift towards working in the region, as well as what it was like to witness numerous social and legal changes take place. He explains: ‘The jurisdictions I have previously worked in have all been common law jurisdictions whereas the Middle East is mostly based on the principles of civil law. I have spent over six years in Saudi Arabia, where I have seen reform on a massive scale – not just social and economic, but also from a legal perspective. For example, we now see the Saudi Centre for Commercial Arbitration (SCCA) being mandated for use within dispute resolution clauses. Whilst it is relatively young in comparison to other arbitration centers globally, its use is becoming more and more widespread.

He continued, saying: ‘Another example in Saudi is the development of centers of excellence within the public sector, which preside over the procurement and the use of standard forms for two reasons: one to ensure a level playing field for all parties when competing for business and two, so as not to recreate the wheel when it comes to contracting. Certainly, towards the end of my tenure in Saudi Arabia, I did in fact see commoditisation of certain sectors and the prolific use of standard form contracts. Having now moved to the UAE in 2022, I can say that there are some areas of legal reform which led the way globally with other areas still needing improvement. However, I believe the legal system in the UAE is as robust as any other more “mature” (ie older) legal system globally and for a country so young (ie it became a federation of emirates in 1972), this is an achievement in and of itself.’

Johnson then provided some insight into the technological experiences of an entire generation of GCs, saying, ‘there have been a number of changes in the legal environment in the past two decades. I don’t think I can list them all, but in terms of my own experience, there is the obvious migration of technology: when I started my legal career in private practice in Australia, we were using dictaphones to dictate our legal memos. A few years later into my legal career I moved firms (and country) to work at Freshfields in London and I brought my trusty dictaphone with me and some tapes, only to leave my tapes in the typing pool one day to be told there are no transcription machines at all in the firm! Clearly, I was a little late in becoming self-sufficient myself. Other changes I have aseen as a profession are law firms taking diversity and inclusion seriously with a greater proportion of female partners being made up and as well as mentoring (formally and informally) playing a prominent role in the development of all junior lawyers. I also think Covid heightened everyone’s awareness of the need to strike an appropriate balance between the work/life balance – that is one good thing because if left to our devices, the legal profession would have been slow to acknowledge this. Covid forced, out of necessity, the need for everyone (including law firms!) to realise that a balance needs to be struck and as a consequence, institutional changes being implemented.

Shaun Johnson

Dr. Kamal Jamal Shaun Johnson has over 23 years experience as a lawyer, working for both the public and private sectors across Australia, the UK and Europe and now the Middle East. Shaun began his career in private practice at Ashursts and then Freshfields, and has spent the last 16 years in various in-house roles. He has closed transactions in sectors spanning water, waste, aviation, industrial gases, health, education and digital.

Since 2016, Shaun has resided in the Middle East, initially working at Vision Invest (formerly ACWA Holding), then as Vice President and Board Secretary at Miahona (a Vision Invest subsidiary focused on utilities in the GCC). He is now Group General Counsel for the BEEAH Group, which is a pioneer in the region for sustainability and digitalisation across multiple sectors and jurisdictions.

Shaun is also Chairman of IPFA Middle East (the ‘International Project Finance Association’) and sits as a non-executive director on IPFA’s global board.

Okezie Tochukwu, chief legal officer, Interswitch Group

The Nigerian legal system is generally derived from the English common law. There are therefore similarities across various principles. From equity to contract law to land law, the similarities are very apparent. From a commercial point of view, the English law has however undergone some notable changes which would also be beneficial to the Nigerian commercial law. Eg the Contracts (Rights of Third Parties) Act, a UK legislation that reformed the common law principle of privity of contract and permitted third parties who would ordinarily be caught up by the strict application of privity of contract principles to benefit from a contract between other parties.

Notwithstanding, the Nigerian jurisprudence has reacted positively to imminent technological changes. The Companies & Allied Matters Act 2020 now permits private companies to hold general meetings electronically, another example is the Evidence Act 2011 which introduced detailed provisions on the admissibility of computer-generated evidence. With contracts being digitised, rise in electronic payments, the Evidence Act 2011 was a step in the right direction.

The Fintech space is regulated by the Central Bank of Nigeria. There remains a constant debate as to whether or not very close monitoring of the fintech space is beneficial for innovation. It is easy to see the arguments for the two sides. Fintechs are typically interconnected to banking systems and banks generally are highly regulated entities. Fintechs are also susceptible to financial compliance related issues eg money laundering, terrorist financing etc. It is therefore arguable that central banks should typically monitor and regulate fintech activities. On the other hand, fintechs introduce solutions which make banking activities easier and simpler. Their products are able to reach unbanked persons and bring such persons into the banking systems. To do this, fintech desire flexibility in creating innovative products.

The central bank in Nigeria has over the last three years released a series of guidelines and regulations that touch on licensing categorisations of fintechs, holding company structures for holding specific multiple licenses etc. These regulations seem targeted at streamlining operations of fintechs. The regulations provide clarity to the GCs in the fintech space as to how the regulators group fintechs. For legal and compliance related personnel, these regulations serve as a guide in determining permissible activities for fintechs. Understanding these regulations enable the GC or compliance chief to advice fintechs on appropriate corporate structures that ensure fintechs operate within the regulatory guidelines.

The Nigerian Constitution contains some broad principles around equality but there is no specific targeted diversity and inclusion regulation yet like the UK Equalities Act. There have been attempts to pass a Gender Equality and Equal Opportunities Bill however this bill has suffered some setback at the Senate. It may be argued that the uniqueness of the country’s socio-cultural composition can be a factor fueling concerns about passing this bill.

Notwithstanding, some existing regulations touch on diversity and inclusion, for example, various applicable corporate governance regulations require Boards to consider diversity in its membership including gender diversity. In practice, companies typically would have their internal diversity practices however, corporate governance regulations do not apply to every type of company, for much smaller companies, it may be challenging to track if they abide by any diversity and inclusion principle.

Work life balance on the other hand seemed to take on a life of its own following the global pandemic. Employees generally resumed from the pandemic realising that they could achieve a decent work/life balance while getting their work done. Currently, the organisation implements flexible structure that allows employees work remotely some days of the week. A number of law firms we interact with also allow for remote work hours. It can therefore be said that there has been improvement in work life balance following the global pandemic.

I’d like to see some improvement in our justice administration system with regards to shortening the timeline from filing court processes to obtaining judgement. It is common to have cases in courts spanning years. A system in which cases can be decided within months would be preferable.

‘The justice system can be improved through increased tech adoption. Electronic filing, service and search of court processes, increased adoption of video conferencing, digital transcribing of court proceedings, and so on.

Okezie Tochukwu


Tochukwu is the chief legal officer, Interswitch Group – a technology-driven company focused on payments with offices in the UK, Germany, Nigeria and Kenya.

As the chief legal officer, he is responsible for managing and providing strategic direction for the group’s legal department, overseeing contracts, litigation portfolio, conflict resolution including arbitration and mediation, intellectual property, law enforcement engagement and M&A initiatives. He also ensures that the right legal tech solutions are deployed as well as relevant automations to enable the legal team continuously improve its efficiency.

He has graduate and post graduate degrees from the Lagos State University and the University of South Wales respectively and is a member of the Nigerian Bar Association, Chartered Institute of Bankers of Nigeria, and Association of Certified Anti-Money Laundering Specialists (ACAMS).

Estefania Molina Ungar, general counsel, Addi

I think we are starting to see some first steps towards real change in terms of greater diversity and inclusion. But there is still a long way to go. Most of these discussions (maybe with the exception of that around gender diversity, which is a conversation that has been going on for a while, with limited progress – the glass ceiling is still very real) are fairly new in the region. So, even though there is some progress, it is still incipient. And it would also be naive to say that there is not some good amount of performative discussions taking place.

However, we have seen a lot of companies and many startups in the region making deliberate efforts to promote diversity. They have launched honest (and, in many cases, successful) initiatives aimed at recruiting diverse teams and fostering inclusive cultures. And that is wonderful. My sense is it is probably easier (and more critical) for younger companies to take diversity seriously from the start. Younger people are typically more aware and vocal about these questions. Also, investors (who are obviously critical pieces in the startup ecosystem) are increasingly concerned about this. So, this is likely to foster more inclusive environments, as everyone’s incentives are aligned.

Tech (and finance) has traditionally been a male-dominated arena and there are structural reasons that make change slow and difficult. In tech, the problem starts at an early age, given prevailing stereotypes (e.g., “boys are better at science than girls”). For instance, the toy offer for girls traditionally has been focused towards nurturing roles, whereas for boys it has typically emphasized Stem abilities and physical activity. What follows is less girls engaging in Stem subjects (especially at an advanced level) and then going into tech-intensive careers. As a consequence, there are few role-models for women within the sector. So, there is a vicious cycle, because there are just less women engineers/developers in the market, which means you have to make a conscious effort to look for these women when recruiting for these roles (which, in our case, is all the time). And then, there are also unconscious biases that we are trying to fight (and to prove incorrect). For instance, though merely anecdotal, we have seen that our women developers and data scientists are more likely to hire other women – who then turn out to perform just as well, if not better, than their male peers.

I am fortunate to be part of a company where we take diversity seriously – and where we are very much aware of the many challenges ahead of us. Our leadership team is very diverse along a lot of dimensions, especially for Latin American standards. And this is not a coincidence.

In terms of specific measures we have taken at Addi, for instance, we have adopted a parental leave that is more generous than what is legally required and that does not discriminate on the basis of gender or gender identity – or on the basis of how a person becomes a parent. What this means is that our parental leave is fundamentally the same for all of the company’s colleagues – and it is mandatory for everyone. So, everyone gets to enjoy the same benefit – and fear the same fear when leaving their job for months. We also make a conscious effort to make sure we have fair compensation bands, so that people get paid on the basis of their role, qualifications, performance, etc., not on their negotiating abilities. As far as the legal team is concerned, I am proud to say that it is fundamentally female and that it works fine. Of course, this is not a policy – I have extended offers to male colleagues. But it does warm my heart to see this as a wonderful experiment of professional sisterhood and women partnering with other women.

Unfortunately (?), there is not a rulebook to follow. However, I can think of the following ideas (which are not necessarily focused in legal):

  • Find mentors and advocates and cultivate those relationships (and then be a mentor and advocate for others);
  • Build networks (e.g., affinity groups) with your peers and rely on them. Welcome newcomers into these groups and be open to help people coming in – after one month you already know more than someone who is just coming in;
  • Try to release yourself from the pressure of having to represent all of your minority group. Do the best you can, and do it for you;
  • Find places that actually value integrity, transparency and where you can have direct, open and honest conversations – in reality, not on paper.

Martha Elena Ruiz Diaz-Granados, general secretary and legal director, Telefónica Hispanoamérica

During the last few years, awareness of diversity and inclusion has gained relevance in the business world, and organizations that promote gender equity and diversity are more positively accepted by society. In Latin America, we have been advancing that line and there is an evident increase in the participation and the commitment of chief executives regarding these topics.
We have made great progress in diversity and inclusion in the region.

We still have much to do – for example, there is a low percentage of organizations led by women, technical areas have a small participation of female talent, and I think what is very evident in the region is a gender-based salary gap.

Colombia has a high percentage of women in leadership positions, and we have space in the corporate world as well as in consultancy and the commercial world. I think Colombian women have gained very important space in business life.

Promoting diversity and encouraging an inclusive leadership style does not only follow social justice principles but it also brings important advantages for businesses, and I think it is viewed in that way in Colombia. It is the principle that guides corporations and opportunities here in the country.

Tone from the top

At Telefónica Colombia, diversity management is a key element of our global strategy. We believe that promoting diversity in our teams and encouraging an inclusive leadership style brings important advantages for the growth of the company and for the wellbeing of the employees. It allows us to attract and retain the best talent, boosts innovation and come closer to a diverse and changing society. That’s why our company is committed to the equity of opportunities and the undiscriminating inclusion of our people. I think that has gained terrain, not only in Telefónica Colombia, but also in the majority of the big organizations in the country, and as organizations act that way, it is an example for society and for the rest of the organizations – it is cultural, to give opportunities and to open the space.

We have a strategy for diversity and inclusion at Telefónica that is divided into five dimensions. One is gender, the other is new generations, the LGBTQIA+ community, disabled people and multicultural interaction.

So for example, in gender equity we have a transparent and unbiased recruitment and selection process; internal and external communications, with memos promoting inclusive language; actions to increase the participation of women in traditionally masculine areas, like the technical areas and, to some extent, the financial area as well; and actions promoting balance between work and personal life.

In the dimension of new generations, we have actions to promote job talent, and we recognize outstanding employees under 35 years of age.

We generate a safe work environment for members of the LGBTQIA+ community, for example by offering extensive benefits, like wedding time, mourning time and parental leave, among others. We have a communications campaign regarding respect and inclusion, and participation in Pride Connection to share and to learn good practices.

We promote the inclusion of people affected by different disabilities as employees and we are trying to attend to the needs of these people as well. We have 32 accessible service centres in the national territory providing specialized attention for people with disabilities, a special attention protocol for people with visual and auditory disabilities, and we have accessible mobile devices.

In the multicultural interaction area, we promote inclusion of people from different ethnic sectors and countries.

Thinking big

As a legal team, we follow the general principles of the organization. As a leader, I actively participate in the local diversity council, and I have had the opportunity to participate in the organization’s female leadership program.

The diversity council is a council in which we establish actions with respect to diversity and inclusion strategy. We establish actions and we follow those actions to meet our objectives with respect to the different dimensions of our diversity and inclusion plan.

In the female leadership program, we empower women. It is a formal program with different speakers, it has a regular space weekly, and there is a graduation ceremony for a selected group of women every year that participate. We share the experience of different women in the organization who have grown and show the women that there is a huge landscape and space, and what they have to do is dare to be part of the recruitment process for different opportunities that we might have, not only locally but regionally. It’s a way to push them to think big, to think that we are capable and there’s no limit.

In the legal area, we consider diversity to be an advantage that boosts our work team. We believe that diversity and differences promote empathy and innovation, generate value in the business and have a positive impact on our resources. At the top of the legal team, we have very good female representation – I’m a woman and I’m the leader of the legal team, but all my direct reports in Colombia are also women. In the region, eight out of eight general counsels are women. So, we are aware of the importance of giving space to women in these positions, of empowering women, and making women visibile in the company, participating in the most important business projects.

Building influence through business partnership

I think lawyers, and everybody, can be potential agents for diversity, and it is the responsibility of everybody to do so.

As lawyers, we have to work hard in order to be close to the business, because we want to be involved at all stages of the business cycle – we want to be business partners, and not just ‘a stage’. That gives us opportunity, visibility, and experience – we gain space, and we gain relevance and importance for the business. Also, lawyers must be open-minded, and not think only about the legal issues, but mix our legal knowledge with business knowledge, which is great for the growth and professional career of the lawyers. We are working to be more flexible, especially in terms of digitalisation tools, because to be one step ahead, you have to have the agility, versatility and the digital knowledge that nowadays is required to be on the cutting-edge.

Pedro Frade, legal director, Nubank

Diversity and inclusion is near and dear to me, because I am part of the LGBTQIA+ community. I didn’t come out of the closet because I was never in there, and although I was very private in the early years of my career, I never tried to be someone that I wasn’t.

However, in the traditional financial markets, I felt a lot of anxiety for many, many years. I felt that because of my sexual orientation there was a limit to my success, to how far I could go in the corporate structure, because I couldn’t see anyone in senior leadership positions that I could relate to, no one was out in that particular industry in Brazil. I used to hear minor aggressions almost every day, jokes that I thought I had to live with. Although I put a lot of effort into my career and working was such an important pillar of my life, I believed for many years that my personal situation was a ‘ceiling’.

Part of a movement

In 2012, I went to work at HSBC. It was my first leadership position; I was hired there to lead a team of 12 people and be responsible for the legal advice for many parts of the business. And there I started to see that maybe those limits or those restrictions were more in my mind than out there. I started to see a movement of people being themselves about their sexual orientation, people being able to introduce their partners in social events, and even getting educated about how the bank in the UK dealt with this internally. I started to think that maybe it could be a good thing, I could even be part of a movement and talk about an experience that, for me, was very difficult before.

I was still very private at that point; I didn’t talk about my personal life at all at work. But I felt that people welcomed that, maybe people didn’t care, which was great. And the structure of the organization even gave people incentives to get involved in ERG groups, affinity groups, the Pride group, and so on.

In 2015, I started to be very involved in D&I groups and discussions in Latin America, where it’s much more challenging than in the UK, Europe or the US. I realized I could use my voice from my place of professional success to tell others that they should feel safe. At least, in that organization, I felt that this was true. I lived in Argentina for a couple of years, and there I was the first executive sponsor of a Pride group who was also a member of the group. We launched the Pride Committee in Argentina – a country that is open from the legal side, much more open than Brazil, but society is not necessarily the same.

An OUTstanding leader

Because of that work, I decided to join panels to talk about it and, in 2017, I was the first Latin American named in the Financial Times list of 100 OUTstanding LGBT leaders and allies. This came as a huge responsibility for me because I was the first Latin American there. Today, we have others, which makes me very glad. I didn’t know it, but I think that was the validation I needed as a person: to really believe that I deserved to be where I was, separate from my personal situation, because sometimes I felt that I didn’t – that I didn’t fit. Because every time I was with my peers, I didn’t have stories to talk about children, the more traditional family type of talk, I always felt left out.

Since then, I have realized that the aspects of D&I I have had exposure to are very limited. Although I am a gay man, I am white, I am cis and I come from a family that gave me all the opportunities for success – to go to the best schools, to learn English, to live abroad. So I refreshed the way I am working in relation to D&I. Two or three years ago, I started to get educated about racial justice, something that I’m very committed to get educated about in a system that is purely made for the success of white people.

Now I’m putting myself in the humble position of getting educated about how I can get exposure to diversity in my country that is very different from my reality. I’m not diminishing whatever challenges I had to face, but I’ve just realized that I cannot stop here, that I need to go much further as a leader – correct some injustices, broaden the access of opportunities in law schools and in our legal departments to people that have never had them before.

In terms of my personal experience, I had this first wave, where I could say ‘Ok, I’m here’. But I felt I needed to be that role model – a gay guy who speaks many languages, who has travelled the world, etc. The financial industry likes gay people, but they like those role models that look perfect, which I am not! And also it’s from a static point of view – you can be out, but you do not be an activist.

The importance of being yourself

At Nubank, I think I have achieved the true opportunity to be myself. Since feeling more able to be open about my personal life, I feel happier. I think that’s the easiest way to put it. I feel lighter. I feel that I don’t need to hide the type of music that I like, the type of films that I watch, the places that I go. I feel I don’t need to hide that I’m a sensitive person, that I cry sometimes. I feel that I can make comments with my team that I make with my friends, that I had to hide at work previously. And I think I am getting closer to people in my team and in other teams.

I was able to be a very good performer before, but at a cost – anxiety, even moments of depression, many times. I think the main thing about being able to be open is in terms of mental health and happiness. I don’t talk often about my personal life because I’m still private. But I’m me. I don’t feel ashamed anymore whenever it’s appropriate to talk about those things. So, it’s fresh working at Nubank in this sense.

Setting the agenda

At Nubank, I think that the agenda is very genuine. The teams are growing diverse, and we have very ambitious goals to increase this diversity over time. I have worked in US companies, British companies and Brazilian companies before, but there has been nothing really like the diversity we have in Nubank. The dedication of the senior leadership and the amazing D&I professionals from different backgrounds are really inspiring.

We have been involved in many initiatives that aim to promote entrepreneurship from the black communities. There is an investment program called Semente Preta (‘Black Seed’) funding start-ups that are being created and led by black professionals. We have invested funds in many of those start-ups that we will continue to follow, give mentorship to and ensure they have the right opportunities to grow their new businesses.

Salvador is the capital of Bahia, one of the states in Brazil which has a large black community. It’s very important in the landscape of Brazil, so we have opened a lab there focusing on those communities to foster innovation, and we also have ‘Nubankers’ working from there.

Mobilising the legal community

As a legal team at Nubank, we are working with legal teams in other companies to join efforts to foster social and racial diversity in the legal community. Nubank has given us the platform to go out there and say: we need to unite ourselves for broader actions and initiatives in terms of racial justice and diversity in the legal community.

I think there’s a huge potential for the legal community to be more diverse, and because a legal team within a company is not the core business, our teams are not that large, we have fewer opportunities outside the context of the business.

But, internally, we can help with our knowledge to be sure that we have the right policies in place, we support other areas to ensure that whatever decision we make is not discriminatory in terms of clients, and that any language that we use in our marketing is also adequate. So I think we do have the knowledge to help with D&I initiatives. Every single initiative coming from both the D&I and the ESG teams is supported by us in legal, and we have to ensure that we comply with the laws and best practices. Especially when you start sponsoring projects, you have agreements, you have many legislations that you have to comply with. And Nubank is so dedicated to it that just in being part of this huge community, you are involved in D&I discussions every day.

There are many arguments for diversity and inclusion in corporations. From an HR perspective, you want to attract and retain the best staff. From a marketing standpoint, it’s more creative if you have people from different backgrounds – the proposals, the brand, the advertisements will be much more interesting. From a commercial standpoint, if you have a team that is diverse, clients will see themselves in you, so you create this relatability between clients and the people that form your company. From a legal perspective, you need to treat everyone equally; you need to have a very strong culture in terms of respect.

All of this makes sense. We have many reports available showing that diverse companies are more sustainable, long-term profits, results, etc. But, for me, it’s because it’s the right thing to do. If your goal is to see a society that is more equal, more just, fairer, why not start doing it with your own company? Because, doing that, I think you will inspire people who perhaps never thought about diversity, multiplying and inspiring others outside the company. If you want to have a company that leaves a legacy in society, and perhaps influences society, that has the same goals as you would like to see, that’s where you can do it.

Sheila La Serna, chief legal officer, Profuturo AFP

The legal profession presents some challenges and opportunities for diversity and inclusion, since we have a special purpose: to attain justice and societal peace for the world. Maybe this is very idealistic, but in a world where conflict is commonplace, we need a lawyer profile. The corporate lawyer should be concerned about having a more diverse and inclusive organization, to understand their clients.

Capturing the zeitgeist

When I engaged in the private practice of law 20 years ago, nobody would talk about diversity and inclusion. We didn’t have maternity leave, we didn’t have a home office so you would have to stay very late in the law firm, and being a workaholic was the rule. 20 years later, things have changed. A new sense of societal demands for women and LGBTQIA+ communities has been captured within the legal profession, and now it is more concerned about diversity and inclusion in general, making the lawyers happier people, and we now have, for example, maternity leave for parents, and a soft landing after having your baby.

However, in 2016, there was a report issued by Women in the Profession (WIP) Peru, a group I am part of, about the proportion of partners in law firms by gender. I was very shocked with the results – we didn’t have parity in the partnerships of law firms; maybe 30% maximum were women.

Aside from the legal profession in law firms and in-house teams, we have academic panels, where until maybe 2017 or 2016, we had all male panels on academic legal topics. It’s something
that is changing – some companies and legal in-house teams have stated to set aspirational quotas of at least 30% women in panels.

Agents of change

I’m very engaged on diversity and inclusion topics – I really want to be, both as an individual and together with all the people around me with the same goals, to be an agent of change in society. I am a member of WIP, and Women CEO, a corporate organization that has a main goal of least 30% of women on boards by 2025. Unfortunately, even public companies that report to the market on their independent directors and so on have a great gap in terms women occupying the C-suite and leadership roles. I think the legal profession is a key profession for diversity, since they are legal and counsel to the whole company on these matters.

When it comes to my team, we are about 85% women. We get together every other day, and I try to have a special one-to-one meeting with each one at least once a month, about whatever makes them worry at the office or at their homes, just to hear their needs. I’m conscious that every person is different and sometimes they do not like to talk en masse. So, I have a very direct relationship with every member of my team.

In the pension fund industry, we participate as shareholders in meetings and committees for different investments that we are in. When we appoint directors, we try to make sure that at least one woman is included by the headhunters. When we look ourselves for directors to represent the pension funds through our in-house research, we like to always make sure that at least one woman is considered in the final group of three that is to be voted on.

I’m part of the inclusion committee at Scotia Bank. It’s one of the oldest diversity and inclusion committees in the financial sector in Peru and has been operating for more than ten years. It has a member that represents each of the different affiliates of Scotia Bank in Peru, and we try to hear the voice of every company, every member of the committee, and then try to issue similar standards and policies on gender and equality in the metrics, events, and workshops that we have.

In Scotia Bank, we have a culture of welcoming everyone. This is not limited to women, this is also extended to different ideologies, experiences, profiles, perspectives, and sexual options. And that diversity has proved to be one of our best assets because, during the pandemic, there was a lack of trust of the government, to the private sector, specifically the financial sector and pension funds, and so this has made us resilient with our clients, they will stick with the relationship because they feel comfortable, and that the corporation has empathy for them.

Pillars of inclusion

In the inclusion committee, we focus on three different pillars: gender equality, disability and the LGBT community. So these are the three pillars that support our different policies. Our strategy on diversity and inclusion fosters a culture of respect, of valuing all the differences and giving equal worth to equal talent. We recognize that we are all different biologically and physiologically, but, in terms of work and salary and opportunities, there should be no difference. That made us issue some policies on wage, salaries and to have equitable compensation packages.

In terms of the selection of staff, we try to do it very fairly in terms of diversity and inclusion. For example, when you apply for a job at Scotia Bank, you won’t have a chart to mark whether you are a woman or man, we only focus on what really matters – if you’re experienced, whether you have values that fit with ours. In our panels for the selection of staff, we have at least one woman and we have always a woman candidate or LGBT candidate as well in the selection (if they voluntarily mention what their sexual preference is).

We have inclusive communication – we have an inclusive language manual that helps us to address the different internal communications in a way that is open and diverse for everyone. We won’t say, ‘Hi there, women’, or ‘Hi there, men’, we would say, ‘Hi there, team’ – very slight words that we use to avoid discrimination and making people uncomfortable.

Check the X-ray

We also track the different initiatives that we have, because whatever you have on paper, you have to measure to make sure it is working. So we have an X-ray report on the different metrics that we use: for example, the number of women versus men that are scaling the corporate ladder, the number of women that have access to promotions. We conduct annual research where we ask people to tell us if they want to become an ally, or how they feel about the fact that Scotia Bank is focused on the LGBT community, if they really want to support the LGBT community. So we have a database of people who will really help us in closed groups to foster the initiatives targeting the LGBT community. Year by year, the percentage of people supportive of the LGBT community is increasing more than 20%.

We have a mandatory quota on disabled people. You can always accuse yourself, saying ‘Notwithstanding the fact that I have looked for disabled people to fit this job description, I haven’t found anyone.’ But we try to do our best, and include people with different types of disability, for example, auditory, visually or physically disabled people. That’s something we are very proud of. We’re still working on accessibility. I don’t think there are a lot of companies here in Peru that have special products for disabled people. But, for example, in Scotia Bank we have an app that reads the different functionalities aloud in Spanish, so you don’t have to actually read the app to make a transaction with the bank.

We have different programs to empower women, to break the glass ceiling, such as leadership skills, networking, and different models that you can engage in. They’re all virtual.

Those are some of the things that we’re working on, across the large spectrum of work we have done for diversity and inclusion.

Maria-Leticia Ossa Daza, chair of the Latin America practice, Willkie Farr & Gallagher

My experience breaking barriers throughout my career has led me to be very conscious about the culture that we are building within the Latin America Practice Group at Willkie. A part of this is leading with empathy and compassion. I understand some of the unique challenges that face a diverse group of individuals, and aim to build an environment where we are all open about these hurdles and work together to help one another. I believe that the culture we have created is great for our team to thrive and helps us to provide clients with the best work possible.

Another way that this has shaped the group’s culture is that we are constantly looking for ways to lift up others and give them the opportunity and support to try out new things and be in the spotlight, especially when it comes to women, people of color and other diverse groups. I see it as my job to encourage those coming up behind me to take chances and be seen. This leads to greater professional fulfillment and inspires others beyond our firm to hopefully do the same amongst their teams.

I think that important actions can be taken at every level of the talent pipeline to help support the next generation of leaders to thrive throughout their careers. These can be grouped into retention and recruitment.

On retention: Developing a mechanism to receive feedback on how the culture supports women and other underrepresented groups is critical. This feedback can provide incredible insights and build trust. However, I would caution that this can’t be performative, and there need to be deliberate efforts to make changes based on the feedback. Another way is to build in and celebrate the mentorship efforts within the organization. If you can celebrate those who take the time to mentor and champion women, I genuinely believe this will lead to progress.

In recruitment: I think that having a robust and inclusive culture is an essential first step to continue attracting diverse talent. As a leader, I view it as my responsibility to be a vocal advocate for inclusion and find ways to support its benefits publicly. Today, with the battle for talent being at its most competitive, we need to ensure that we are out there on the public record making our contributions.

In the Latin American context, we are seeing a significant influx of women in leadership. I look throughout the region and see so many talented organizations doing great work to combat the bias that has limited our potential as a global business community for so long. I feel hopeful that this will continue and that other regions will look to Latin America for best practices on gender parity in the future.

The first piece of advice I would give is that you shouldn’t be afraid to chart your own path. For many of us, our paths will look different than those who came before us because we are different than traditional leaders of the past. This means that this path might feel lonely and awkward at times, which is okay.

Also, it’s critical to get comfortable calling out bias wherever you see it. I would always try to ensure that you are doing it with respect, but it’s important to exercise that muscle.

Unfortunately, as women and individuals of color, we will face bias. The more experience we have engaging in these courageous conversations, the better equipped we will be for the future. I also believe that you shouldn’t feel like you have to address this alone. All organizations are grappling with building inclusive cultures. Take the time to share your concerns with senior leaders that you trust because we are here to support you, but we can’t help address problems unless we are aware of them.

Another key area where I work with my mentees is getting comfortable being authentic at work, while acknowledging it can take courage. For some, this could look like developing a personal style and sharing cultural norms that celebrate who we are. It can also mean sharing information about what is going on in our lives even if it feels vulnerable. The reason that it’s so critical is that research shows that those who develop deep connections at work are more productive and feel more fulfilled. One comprehensive study showed that the number one predictor of a successful team is the psychological safety of that team, or in other words a team’s ability to feel safe to take risks and to be vulnerable in front of each other. I don’t think we can develop these deep relationships if we are hiding our true selves.

Lastly, I would also share the importance of making time for the things that bring you joy. Joy is the antidote to burnout, and it keeps us creative and connected. I think that we often feel that to be successful, as long as we put in the long hours, we will reach the top. That has not been my experience. It is also essential to maintain a multidimensional life that can fuel us for the marathon that is our careers. Building a habit of prioritizing joy is a key life lesson, especially in a business that relies heavily on interpersonal relationships among your team and client base. We are in the people business, after all.

Valéria Schmitke, Regional general counsel, Zurich Latin America; co-founder and president of Idis

Three years ago, I was discussing how the insurance sector was behind in terms of D&I with three company lawyers who were senior managers in legal departments (Ana Paula de Almeida Santos and Vera Carvalho Pinto). We decided to create Idis, an institute to improve that, so we gathered some volunteers, and we work on awareness, we do events and training and we help companies to implement their D&I programs.

Nowadays, we work across five pillars: gender, focusing on women; LGBTQIA+; race and ethnicity; generations, focusing on people above 50; and people with disabilities. All the leaders have experience in that area of diversity.

But I want to create a pillar about other areas of diversity, as well. We work a lot on the traditional pillars for D&I because we still have a lot to do. But there are many other biases that people have, and we need to at least make them aware that this can prevent some people truly contributing to the company. For example, I talk a lot nowadays about ‘fat phobia’, because some companies don’t hire overweight people. They think they are slow, or they are lazy. But actually, when we do very intellectual work, such as in financial markets, we are not running a marathon!

Finding your cause

We now have 35 volunteers, and the companies sponsor us. It has been quite a journey – very rewarding. I believe in voluntary work because it’s important to dedicate yourself to something bigger. It’s not about forcing anyone to engage in any voluntary work – I always say, for example, if the company had a program of “let’s do exercise, let’s go biking”, I would not engage in that because it’s not my cup of tea, it’s not what sparkles for me. What makes me willing to engage is D&I or social responsibility or environmental issues. This sparkles for me. If the company offers employees some possibilities for voluntary work, this creates more loyalty to the company, because even if I receive an offer from another company, I will not go because I will lose that part of my life that is important to me.

For my personal development it has also been great because I am learning to lead by influence, not by power. My team knows (even though I don’t tell them) that I will evaluate them and I can dismiss them. But when you lead an organization of volunteers, it’s all about influencing, recognition and supporting. For me personally it has been quite a journey. All of them are very much engaged and I’m proud of this thing – it’s probably the best thing I ever had in my life.

We all went to law school searching for Justice with a capital J, and D&I for me is a matter of Justice more than anything, and of respect. I think legal departments have a key role in diversity and inclusion, because we search for Justice.

Influence in action

Secondly, we are consulted about everything, including internal policies. When you are looking at a hiring policy for example, you can influence to have more rules about D&I. I’ll give you an example. If you are hiring a new lawyer, you can ask for résumés of both genders. I’m not saying that you must hire a woman, but at least you have to interview a woman. And you can try to have blind interviews, not knowing if it’s a woman or a man. When interviewing someone, I try to not open the camera – I say let’s talk by phone, because then I will not look at the person. If the person is good-looking or not good-looking, if they are black or white, I will not see.

Everybody has biases. Everybody. So, first of all, we need to be aware of our biases, and secondly, we need to try to avoid our biases. I was talking with a general counsel before the pandemic and there was a very important congress in that country, where it was a form of recognition to send someone to participate in the congress. I said to him, “What about this lady?” And he said to me, “Oh no, she has a baby, I think she won’t go, even if I give her this recognition.” And I said, “Did you ask her?” “No, I didn’t.” “So you ask her. Because whether she will go and leave the baby at home, or go and take the baby with her, it’s her decision, not yours. So if she deserves to receive this recognition, the mere fact that she has a baby is not something you need to take into account.”

We need to be vigilant. This is the point. If you are in a meeting and someone cracks a joke or makes a comment that’s offensive to any person – even if there is no one of that group there in the meeting – you need to point it out. You need to educate people. This is something that has changed over time and, I must tell you, for me it has been a journey as well. Many years ago, I would not be concerned about that. But now, I am a different person.

What corporate lawyers, more than anyone, need to be conscious of, is that we are not there to be popular. We are not there to be friends of everybody. We are there to be the annoying person that tells the truth. We need to point it out when someone is wrong, when they are going down a path that’s not the correct one. It’s our mission, including about D&I. It’s not only about law, it’s about ethics – and D&I is part of ethics.

Closing the gap

In Brazil we have economic inequality which is very much connected to ethnicity. Brazil was the last country in Latin America to abolish slavery and even nowadays, in Brazil, to be Black is almost to be poor. So, when you have a proactive action to have more Black people in your company, you need to close the gap. You don’t demand a first-league university, you don’t demand English is used, you don’t demand the full package in terms of knowledge. You need to hire people and close the gap.

It’s the same for people with disabilities. In Brazil, there is a law requiring companies to have a percentage of their employees with disabilities, and the spirit of the law is that the companies help to close the gap of those people – sometimes, perhaps, they could not go to a particular school for example. So, the company will hire them and give training to them. But, often, the companies are not so eager to do that. But big companies have a responsibility, and legal departments have to influence in this direction.

If I can work 10 years more in diversity and inclusion, I will work. I believe this will be my legacy. More than making money and have wealth, I need to leave something behind. I will be happy when 56% of all people in companies in Brazil, including senior management, are Black people. I will be happy when 50% of the senior management of companies are women. And I will be very happy when an LGBT person does not have to hide their sexual orientation, because then we will have a truly respectful environment. I will be happy if a person above 60 is still valued as a good asset to the company, who can contribute with their experience. I will be happy if companies truly develop people with disabilities. 15 years ago, I was at another company, and I had a deaf person in my team. But I was not prepared, I was not trained to deal with that person. I was not taught sign language, nothing. I didn’t know how to manage that person. I believe that companies have to train managers how to deal with people with disabilities.

Paying gratitude forward

So, we have a long way to go. I know during my lifetime this won’t change. But I have the dream of developing at least my sector, the insurance sector, a little bit. Nobody in university has ever said, ‘I will work for an insurance company!’ But insurance is very challenging, you get to know qualified people, it’s a good work environment, and I would like to make the insurance sector more attractive to young people. So they look at the insurance sector and say, ‘Look how many good things they are doing in terms of D&I, the environment, wellbeing, and other initiatives. I would like to work for the insurance sector.’ I am very grateful to the insurance sector. I have had many opportunities in it, and I want to leave something good behind to the sector.

Claudia González Montt, general counsel and external affairs, SMU S.A.

Because I am a woman, it’s very important to me that, in an organization, women have equal treatment and equal opportunities to anyone else. Diversity and inclusion means being recognized for my talent, ability, my individual characteristics and it’s important that, based on those, I can compete and develop with equal opportunity.

The importance of inclusion

But having a diverse team in an organization is not enough to get all the benefits that diversity brings. There must be an inclusive and open environment that guarantees this equal treatment and opportunity. I heard in a training session that diversity is when they invite you to the party, but inclusion is when they invite you to dance. If you don’t work on inclusion, you won’t have the environment that you need to develop your career as a woman or as a minority. You need a safe place where you can express your ideas, your different viewpoint. In my experience at different companies, women can help to develop the business because we have different perspectives than men.

For many years, I have participated in D&I initiatives, for example leading D&I committees, developing minority support programs, developing diversity management models, and participating in mentoring and sponsorship programs.

Work-life balance

I love mentoring, especially when the mentee is a woman starting out in her working life, because you can share your experience, and help other women to open up the workplace and develop their professional career; give some advice about how to balance personal life and work. I’m married, I have children and for me this part is very important, because I need to have a very good personal life in order to give a very good work performance. I need this balance in my life. Through mentoring, I can give young women tips or advice to help to balance personal life and work and about the importance of co-responsibility in caring for children.

That’s a big challenge because, traditionally in Chile, men work and women stay at home. It’s part of our culture. Unfortunately, the pandemic has impacted women more than men in terms of employment, and also due to the increase in childcare. Co-responsibility is a new concept for us and we need to work on that, to involve more men in work at home.

Only 14% of board members of IPSA companies (the top 30 companies with the largest stock market presence in Chile) are women. However, there has been an advance because, ten years ago, this precedent was close to 4%. In the legal field, things are not very different. Although today there are more women lawyers working at law firms, at the partner or general counsel level, there are very few. We are proud that SMU is one of the two IPSA companies in the country led by women. Our chair and vice president of the board are women, and we have three female board members.

Culture

In our company, D&I is a priority. It’s included in the company strategy plan, it’s one of our pillars, and the company has a management model based on our code of ethics. We have a cultural code called ‘CERCA’, which means Closeness, Excellence, Respect, Collaboration and Agility. Our culture is very important, because it tells us how we do business, and through actions and activity in the company, we seek to influence employees, their family, our clients, suppliers and the community. We have different programs in the company to support different groups, for example women and people with disabilities.

The legal team

The legal team promotes and lives the values of the company in terms of diversity and inclusion. I think we are an example for other teams. 59% of the legal team and 67% of the legal top management are women. My team has actively supported the creation of policies, procedures, and action plans related to D&I, protection of human rights and sustainability for the whole company. We have supported this process with the people team and have prepared training in these kinds of matters. The company has many activities, and my team supports all of them in their creation and organization, not only as participants.

The team has participated in a sustainability volunteers’ program. We have promoted female talent by giving them visibility, for example three women from our team represent the company in trade associations.

During 2020 and 2021, the team participated in a development program implemented for the first time in the company, which includes mentoring and sponsorship activity. We had the opportunity to put forward two women and one man as mentees, and I mentored two women.

I think as an in-house legal team we can contribute a lot. For example, we have experience of working with diverse teams from other areas, we have colleagues not only of different genders or groups, but also from different professions. This allows better collaborative work and knowledge exchange, and we share all that experience and good practice with everyone and, of course, with our external lawyers. I think we can help our outside counsel to promote these matters.

We are a client of many law firms and we contribute by giving visibility to talented women lawyers and in hiring law firms led by women. For example, in the last year we hired a law firm led by female partners for an important company matter, and we had an excellent result and developed an excellent relationship with them.

It’s very important for me, for my team, and for the company, that those who work for us share our special culture. When we hire a new law firm, as a woman, I always like to know how many female partners or minority group members the law firm has, and I share with them the importance of having women in the team.

In my opinion, in-house life is more diverse than private practice, because we are part of the company and we have relationships with other areas, other professions. SMU has many initiatives related to flexible work, different schedules to help everyone, not only women, and different thinking in everyone to try to have the same diversity in the company as in the society. My company is a retail company, we serve clients in society, and we need to have more diversity in our teams to better serve our clients.

Alexandra Blanco, general counsel, Pro Mujer

In Bolivia, unequal access to justice undermines the possibility of equality in society. As a university student, I volunteered with a human rights organization that worked in a women’s prison here in Bolivia. Most of the women that I worked with were survivors of gender violence, and it quickly became clear that many women were in jail simply because they did not have the money to afford a lawyer, not because they were likely responsible for a crime. Most of these women did not know their rights, so we worked with them to explain their human rights, help them with their legal cases, and share information on what their futures might look like.

It was obvious to me that the system had failed these women and that they needed a way to escape the vicious cycle of poverty and violence. For me, the answer was simple: help women support their families and themselves so that they could leave violence behind and start a new life.

This chapter of my life defined me. I knew that I wanted to continue to fight for women’s rights and women’s empowerment. At Pro Mujer, we spend every day working to make these objectives a reality.

Closing gender gaps

The gender gaps in the financial sector are alarming. Globally, only 6% of investment capital goes to companies led by women, and 70% of women do not have access to capital to start a business. In Latin America, women’s access to funding is even bleaker. Covid-19 has further exacerbated the situation – the progress made over the last 10 years in terms of achieving equality in the labor market has been erased, and rates of gender-based violence have exploded. In Bolivia, the figures are sobering: every day, a woman is killed by gender violence, and only one in three cases is ever reported.

Gender equality contributes to poverty reduction and boosts the economy. According to McKinsey, closing the gender gap would result in an automatic increase in global GDP of 11%, and GDP in Latin America would increase by 14% if women were encouraged to participate in the economy and received the support they need to do so.

Data show that if you give a woman access to loans, they tend to use the money to support their family and be more productive than men. In 2021 alone, Pro Mujer disbursed US$269 million in loans to women who were unable to access traditional financial services. Pro Mujer uses a holistic approach to positively impact women’s lives. We go beyond just financial inclusion and access to microfinance loans, offering access to health services, digital inclusion initiatives, and skill-building opportunities.

In 2021, we provided 400,000 health services, including 3,000 free mammograms in Mexico, preventive health services for breast cancer and cervical cancer, access to a chatbot for diabetes prevention, and access to contraceptives.

Pro Mujer’s community health workers also play a critical role in our health and well-being initiatives, as they are able to reach women in rural areas where hospitals and doctors are scarce. Each community health worker is trained to detect risk factors in their communities and refer women to a health clinic, if necessary.

Over the past few years, Pro Mujer has also ramped up its focus on digital inclusion. Today, 67% of women have access to the internet. We strongly believe that digital tools will allow us to offer more financing and training opportunities to more women.

In addition, we are working together with US Vice President Kamala Harris as a member of the Partnership for Central America and have committed to increasing our impact in the Northern Triangle, reaching more than three million people with our services. To meet this commitment, we will be opening an office in Guatemala.

Gender lens investing

Pro Mujer is committed to strengthening the gender lens investing ecosystem in Latin America by creating investment strategies, sharing best practices with investors that want to create impactful social change, and offering technical assistance to private companies to help them get gender smart.

In 2019, Pro Mujer partnered with Deetken Impact to launch the Ilu Women’s Empowerment Fund. The Fund invests in a diversified portfolio of high-impact businesses that support women in leadership and governance, offer products and services that meet the needs of women and girls, develop gender-sensitive value chains, and support workplace equity.

In 2021, the Ilu Women’s Empowerment Fund was awarded funding from USAID to develop the ILU Women’s Empowerment Program. This program seeks to increase gender equality in Latin America and the Caribbean through three main components: incremental capital, technical assistance and knowledge sharing, and advocacy.

Within the framework of this program, we launched the Ilu Toolbox, an open-source platform featuring more than 30 resources to help companies address gender gaps and implement strategies to attract gender lens investing.

Identifying the appropriate legal mechanisms

In the past, the role of general counsel was more to put out fires. These days, the general counsel is a key business partner that should be involved in an organization’s business decisions from the very beginning of its operations. Pro Mujer is always working to expand its impact footprint and empower more women. Our role as a legal team is to identify the appropriate legal mechanisms so that Pro Mujer can expand its footprint through alliances and support more women. Latin America is very politically volatile, and we must navigate a lot of legal challenges in order to continue our work.

At Pro Mujer, the legal team must go beyond the role of legal advisor to make sure that the organization is able to continue to impact and empower women. The most rewarding part of the job is going out into the field and hearing the success stories. Knowing that we have had an impact on the lives of our employees and clients is truly gratifying. We have supported women who are survivors of gender-based violence and have empowered them to start a new life. One specific success story that has stayed with me is that of a woman who has been a part of Pro Mujer for more than two decades. Twenty-four years ago, she started to sell boots in the streets of El Alto; now she owns a factory.

The role of in-house lawyers is different today than it was 20, 30 years ago. Now we are the dealmakers of the organization, and we must become thought leaders for our organizations – we are not in the back office anymore.

Not just any policies: The right policies

As members of the legal profession, we must think about the impact we can have and the critical importance of supporting women. In Latin America, many women do not have access to the courts or to fair laws, and the region is very behind in everything to do with dealing with gender-based violence. There is a lot of space to improve the laws, but it is also necessary to ensure equal access to the court system – because you can have perfect laws, but if women cannot access the justice system, those laws are useless. I think there are a lot of opportunities for lawyers to be proactive, to make our voices heard, and to identify how we can help improve women’s lives.

Something that concerns me is the fact that a lot of people do not speak about sexual harassment. When I started my career, many years back, it was something that you had to live with. I sadly have personal stories about sexual harassment; as a woman, it was just something you were expected to deal with when you navigated in a men’s corporate world. Today, times have changed, and although sexual harassment is no longer acceptable, there is still a long way to go.

As members of the legal team, we are involved in creating company policies, and these policies must include gender inclusion and diversity. I strongly believe that gender inclusion must be mandatory in every company’s internal policy—gender inclusion should not be optional. It is our role as inside counsel to make sure that the policies not only exist, but also that the right policies are in place and are effective.