16 Sep 2019Click on the photos to turn off auto-play. Photos: ©IDLO_Lorelei Taylor French Access to justice is a pillar of SDG 16, which aims to promote peaceful, just and inclusive societies. But what does it mean in practice? View scenes from Uganda to learn about the barriers to - and opportunities for - access to justice through the country lens. Around the world, 5.1 billion people lack meaningful access to justice. In Uganda, it is estimated that 80 per cent of citizens seek justice through informal justice mechanisms. Despite strong legislation and responsive institutions, lack of access to justice disproportionately affects the poorest and most vulnerable members of society. Through its upcoming Community Justice Program, IDLO seeks to enhance the capacity of justice actors at the national, district and community levels to provide citizens with quality aid, information and redress. Most disputes in Uganda involve land and property. Given that 83.56 per cent of citizens were living in rural areas in 2016 (World Bank), land grabbing can threaten the livelihoods of many individuals and communities who rely on their land for their income and source of food. One of the main barriers to access to justice is transportation. Some poor Ugandans lack the financial means required to access the various modes of transportation needed to reach a court or other legal branches, in the areas where such facilities are far from their homes. Corruption is a significant challenge to access to justice in Uganda, with reported cases of some actors taking advantage of poorer justice seekers by asking for bribes in exchange for an expedited or dropped case. Legal aid organizations in Uganda provide free services and advice to those who face systemic barriers and need to navigate the legal system but lack the means and knowledge to do so on their own. IDLO’s Director-General listens partners at the Jinja Justice Centre - a project of Uganda’s Justice Law and Order Sector (JLOS) - who are providing legal aid services to the most poor and vulnerable members of society. At the Jinja Justice Centre, people wait to see one of the two advocates working there. Cases relate to various issues, including land and property disputes, gender discrimination, labor rights and child support. Given the few number of lawyers in the Centre, the justice seekers sometimes have to wait for long before they are served. The Jinja Justice Centre serves populations across the Busoga region, which spans over 10,000 square km and is estimated to hold 40 per cent of the population in Eastern Uganda. Within the region, there are 12 districts, but only one High Court Circuit located in Jinja, two resident judges and two legal aid service providers with less than 10 lawyers between them covering all the cases. Most disputes are resolved through mediation, outside of the courts. If an agreement can be reached, a Memorandum of Understanding is signed by both parties. This method is less costly, more efficient and is often preferred by legal aid providers and clients involved. If a case can’t be resolved through mediation, it is taken through the court system. The Jinja High Court – the only High Court in Busoga region – is located adjacent to the Centre. Women face additional obstacles when it comes to accessing justice. The most common disputes involve child support or maintenance and gender-based violence, but plenty of cases deal with divorces, rights of widowed women – especially when it comes to land – and other forms of gender discrimination. FIDA, run by the Ugandan Association of Women Lawyers, deals primarily with cases affecting women. Here, a lawyer is seen with her client who is representing herself in a sharia court to win back her land. In addition to providing legal services, organizations like the Uganda Law Society aim to sensitize women and girls about their rights. In this case, communication materials in the local language describe how to report cases of sexual assault. “There is no such thing as a community that is hard to reach,” says Gerald Abila, founder of Barefoot Law. His organization uses innovative technological solutions, including artificial intelligence, SMS messages, voice blasts, and instant messaging, to provide communities with legal information, advice and support, so they are empowered to claim their rights. Legal aid legislation is currently on the table in Uganda’s Parliament. If passed, dedicated funding could be allocated to support organizations to carry out their work with greater capacity, and potentially support a new generation of legal aid organizations. Chief Justice Bart Magunda Katureebe met with IDLO’s Director-General to discuss Uganda’s Justice Law and Order Sector (JLOS) - a sector-wide reform process initiated by the Government of Uganda to bring together 18 institutions working on justice issues to improve the lives of Uganda’s citizens. As IDLO gears up to launch its Community Justice Program, Director-General Irene Khan comments: “People here are demanding justice and I believe that IDLO, working very closely with partners on the ground, with civil society actors, with institutions of the Justice Law and Order Sector of this country, can indeed make a difference.” Country: UgandaTopics: Anti-CorruptionCustomary and Informal JusticeGender EqualityLand RightsLegal EmpowermentPreview Image:
