ANALYSIS OF THE PRO BONO SERVICE PROVIDING INSTITUTIONS IN UGANDA. A CASE STUDY OF UGANDA LAW SOCIETY
BY KUSASIRA PATHEA REG:NO.LLB/38149/123/DU
A REPORT SUBMITTED TO THE SCHOOL OF LAW IN PARTIAL
FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF
BACHELORS DEGREE IN LAW OF KAMPALA
INTERNATIONAL
UNIVERSITY
ARPIL, 2016 DECLARATION
I Kusasira Pathea LLB/38149/ 123/DU Declare that this research report is a result of my own efforts, to the best of my knowledge it is original and has never been submitted to any university or institution for any academic award
Signature: ......
Name: ......
Date: ......
ii DEDICATION
I dedicate this research work to my parents Mr, Emmanuel Byakatonda and Mf Joyce Byakatonda kekirehe for their endurance contribution, sacrifice and most of all their spiritual guidance towards my life and accomplishment of this work and their support during all my years of study and especially during the four years at the University
iii APPROVAL
This research under the topic Analysis of the Pro Bono Service Providing
Institutions in Uganda. A Case Study of Uganda Law Society has been under my supervision and guidance as the Kampala international university supervisor .I here by approve it as ready for submission.
Signature: ...... f:#·-~ ...... Name:·.M..' ... :J.Rv: ....i(,4 .7.A.1r/.E A-- MFA LA H'/1
Date: ... ~.. /oS./.?:.'9.!. .£
iv ACKNOWLEDGEMENT
I am grateful to my supervisor Dr. Father katamba for his Guidance on the research and his continued feed back~~~~. This research would not have been accomplished. I am as well indented to my parentS~ brothers and sisters 7 for their continued support through out my education right from primary level up to my fourth year of study at the University and am exceeding thank full to them
I thank God the almighty for his tremendous love towards me and for the gift of life and wisdom and everything he gave me through out my journey of study.
v LIST OF LEGISLATIONS The Constitution of the Republic of Uganda, 1995 (as amended, 2006)
The Advocates (Legal Aid Services to Indigent Person) Regulations, No 12 of 2007.
The Advocates (Pro-bono Services to Indigent Persons)Regulations No.39 of 2009.
The Advocates (Student Practice) Rules S.1 70 of 2004.
The Advocates Act, Cap 267 as amended by Act No. 27 of 2002
The Civil Procedure Rules S. 1 71-71 (Pauper Appeals Order XLV).
The Constitution of the Republic of South Africa (Act 108 of 1996)
The International Covenant on Civil and Political rights 1966
The Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System in Africa 2004.
The Magistrates' Court Act, Cap 16
The Ouagadougou Declaration on Accelerating Prison and Penal Reform in Africa 200.2
The Poor Person Defense (Expenses of Advocates) Rules 8.1 20- 2
The Poor Persons Defense Act Cop 20
The Poor Persons Defense Rules Sl 20-1
The Trial on Indictment Act Cap 23
The United Nations Declaration of Human Rights, 1948
vi LIST OF ACRONYMS /ABBREVIATIONS
A .D.R -Alternative Dispute Resolution
AIDS -Acquired Immune Deficiency Syndrome
DANE -DA Danish International Development Agency
DFID -Department for International Development
DPP -Directorate of Public Prosecutions
FIDA (U) - International Federation of Women Lawyers In Uganda
GDP - Gross Domestic Product
GO U - Government of Uganda
HDI - Human Development Index
H 1V - Human Immune Virus
Ill - International Law Institute
JLOS -Justice Law and Order Sector
LABF - Legal Aid Basket Fund
LAC -Legal Aid Clinic of the Law Development Centre
LACs - Legal Aid Commissions (Australia)
LAP -Legal Aid Project
LASPNET -Legal Aid Service Providers Network (Uganda)
LASPs -Legal Aid Service Providers
LC -Local Council
vii M&E -Monitoring and Evaluation
MTE -Medium Term Evaluation (of Justice, Law and Order
NALSA - National Legal Services Authority (India)
NGO -Non Governmental Organization
PSWO -Probation and Social Welfare Officer
RIP -Rest In Peace
ULS -Uganda Law Society
UNDP -United Nations Development Program
US$ - United State Dollars
USA -United States of America
MCA - Magistrates' Court Act
viii TABLE OF CONTENTS
DECLARATION ...... ii
DEDICATION ...... iii
APPROVAL ...... iv
ACKNOWLEDGEMENT...... v
LIST OF LEGISLATIONS ...... vi
LIST OF ACRONYMS /ABBREVIATIONS ...... vii
ABSTRACT ...... xiv
~IIJ\1?1rl&ll ()!f~ ...... 1
1.() lli1rlt()J)1J(;1rl()li ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1
1.2.0. Definition of the terms used: ...... 2
1. 2. 1 Legal aid ...... 2
1.2.2 Pro-bono ...... 3
1.2.3 An Indigent ...... 3
1.2.4 Access to Justice ...... 3
1.2.5 Rule of Law ...... 4
1.2.6 Poverty ...... 5
1.2. 7 Justice, Law and Order Sector (JLOS) ...... 6
1.2.8 Good Governance ...... 6
1.2.8.1 Rule of law ...... 7
1.2.8.2 Transparency...... 7
1.2.8.3 Responsiveness ...... 7
2.8.4 Consensus oriented ...... 8
1.2.8.5 Equity and inclusiveness ...... 8
1.3.0. Background of the study...... 8
ix 1.3.1. Uganda's Fact File ...... 10
1.3.2. The location of Uganda law society (ULS) ...... 11
1.4 International standards on access to justice ...... 15
1.5 Statement of the problem ...... 16
1.6 Objectives of the study...... 18
1. 7 The scope of the study ...... 20
1.8 Synopsis ...... 21
1.9 Baseline and Needs Analysis Survey Report on Legal Aid in Uganda, 2004 .. 22
(;I{~~Ft 1r~() ...... ~~
~11r~~1rlJ~ ~\71~~ ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ~~
2.0 The policy framework ...... 24
2.1 constitution of Republic of Uganda, 1995...... 24
2 .2 The Legal and Regulatory Framework ...... 26
2.3 The Advocates Act, Cap 267 as amended by Act No 27 of 2002 and its Regulations ...... 26
2.4 Advocates Act Cap, 267 was amended by Act No.27 of 2002 ...... 26
2.5 The Trial on Indictment Act, Cap 23 ...... 26
2.6 The Poor Persons Defense Act, Cap 20 and Rules made-there under ...... 27
2.6.1 The Magistrates' Court Act, Cap. 16 ...... 27
2.6.2 .The Poor Persons Defense Rules S. 1 20- 1 ...... 28
2.7 The Advocates (Pro- bono services to Indigent persons) Regulations No. 39 of 2009 ...... 28
2. 7.1 Types oflegal aid services offered under the regulation ...... 29
2.7.2 Areas of service ...... 30
2.7. 3 The following are exempted services under Regulation 3(4) ...... 30
X 2.7.4 Payment in lieu of pro-bono services ...... 30
2.8. The Advocates (Student Practice) Rules, 2004 ...... 30
CHAPTER THREE ...... 33
3.0 Introduction ...... 33
3.1 Legal Aid categories ...... 33
3.1.1 Secondary legal aid ...... 33
3 .1.2 Primary legal Aid ...... 33
3 .3 .2 Legal Aid service delivery models in Uganda ...... 33
3.2.1 The "staff attorney'' model, ...... 33
3.2.2 The "judicature" model, ...... 33
3.2.3 The "community legal clinic" model, ...... 34
3.3 Key players in the provision of legal aid in Uganda ...... 34
3.3.1 The Justice, Law and Order Sector (JLOS) ...... 34
3.3.2 The roles of JLOS in the provision of legal Aid ...... 36
3.3.3 The role of the Law Council...... 38
3.3.4 The Role of the Civil Society: the Uganda Law Society ...... 39
3.3.5 The Role of the Uganda Law Society ...... 40
CHAPTER FOUR ...... 41
4.1 CHALLENGES IN PROVIDING LEGAL AID ...... 41
4.2 Findings from the field ...... 45
4.2.1 Working Relationships among Service Providers ...... 45
4 .2.2 Geographical Coverage of Identified Service Providers ...... 46
4.3: Presentation of Findings ...... 46
4. 3 .1. Government Service Provision ...... 46
4.3 .2 The Ministry of Gender, Labour and Social Development ...... 46
xi 4 .3.3 Probation and Social Welfare Office ...... 4 7
4.3.4. The Uganda Human Rights Commission ...... 48
4.3.5. The Directorate of Public Prosecutions ...... 49
4 .3.6. The Family and Children's Courts ...... 50
4.4. Non Government Service Provision ...... 51
4.4.1. Profession-related and Membership-based Organizations ...... 52
4.4.2. Community Support and Development Organizations: ...... 52
4.4.3. Community-Based Organizations (CBOs) ...... 53
4.4.4 Advocacy and Human Rights Groups ...... 54
4.4.5 Faith-based and Cultural Organizations ...... 55
4.4.6. District Networks and NGO Forums ...... 56
4.4.7. The Media Community and Practitioners ...... 57
4.5. Legal aid services provided by the CSOs ...... 58
4.5.1. Legal Support Services ...... 58
4.5.2 . Other Support Services ...... 59
4.6. Working Relationships among Service Providers...... 59
4.7 Geographical Coverage of Identified Service Providers ...... 60
4 .7 .8 Analyses of Findings ...... 60
4 .8.1 Catalogue of identified service providers ...... 60
4. 9 Types of Cases most commonly handled ...... 63
4.9 .1. Conmercially Driven disputes ...... 63
4.9 .2. Land and Property wrangles ...... 63
4.9 .3. Child Rights Violation ...... 63
4.9.5. Juvenile Offen ces ...... 64
1.9 .6 Dom estic Violence ...... 64
xii 4.9.7 Rape and Defilement...... 64
4.10. Lessons learned from the study ...... 65
4 .10.1. Lesson 1 ...... 65
4.10.2. Lesson 2 ...... 65
4.10. 13. Lesson 3 ...... 65
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RECOMMENDATIONS AND CONCLUSIONS...... 66
1. Recommendations ...... 66
5. The government should allocate ...... 67
5.2 Conclusion ...... 67
BIBLIOGRAPHY ...... 68
BIBLIOGRAPHY ...... 70
xiii PRO BONO SERVICES IN LUZIRA PRISON OF UGANDA: A CRITICAL STUDY OF THE 1995 CONSTITUTION.
ABSTRACT Legal aid is provided by Countries and persons that recognize the social obligation to bridge the gap between the rich and the poor persons. Legal aid service provision is usually distinguished as primary legal aid and involves legal representation, legal advice, mediation and legal counseling. On the other hand, secondary legal aid involves human rights training, legal awareness, law reform, legal research and advocacy.
In most developed Countries such as England and Wales, Australia, Canada, the United States and India, it is the duty of the state to provide for legal aid services in the national budgetary allocations for the justice sector. In certain Instances, an independent body or commission is established with the mandate to supervise and allocate funds for legal aid service provision. Developing Countries that have made substantial progress in this area are South Africa, Ghana and Kenya.
The Legal Aid Providers Network {LASPNET) was established to link up all legal aid service providers by providing a forum of networking ideas and promoting the legal aid sector agenda. It is supervised by the Legal Aid sub-committee of the Law Council. The only legal aid provided by the State is through the state brief system for only capital cases. In addition there is no legal aid policy to hold government accountable for providing legal services to indigent persons whose rights have been abused.
The only laws available are the Constitution of the Republic of Uganda 1995, Poor Persons Defense Act Cap and the 1 'egu1 attons made there under, the Advocates (amendment) Act Cap 267 and the Regulations made there under, the Trial on Indictment Act Cap 23, The Magistrates' Court Act, Cap 16 that provide for pro-bono services.
Various methods of data collection were used. These included interviews, observations questionnaires and documentary reviews. The recommendations will look at broadening the legal aid service to government or state actors, increasing the capacity of the civil society organizations to cope, among others.
xiv CHAPTER ONE
1.0 INTRODUCTION
Article 126 of the 1995 constitution of the republic of Uganda provides for the
exercise of judicial power. And Article 126 (1) (a) stipulates to the effect that
adjudication of civil and criminal cases that the court shall administer justice to
all irrespective of their social and economic status.
Article 28(3)(e) of the 1995 Uganda Constitution1 mandates the state to provide legal representation at its expense to all people generally charged with any offence which carries a sentence of death such as, Murder, Aggravated Robbery Aggravated defilement, among others or imprisonment for life2 for offences such as Manslaughter, defilement, rape to mention but a few. Access to legal aid is an inalienable right provided for under international law that should be enjoyed by people world over. The principle of Rule of law demands that there should be equality before the law. However, equality before the law is meaningless without access to and availability of means for formal access to legal aid system, knowledge of legal rights and obligations, and the ability to claim these rights and effectively represent one's interest regarding obligations. In effect, lack of an effective legal aid system denies financially disadvantaged and vulnerable persons the right to enforce their rights.
1 The Constitution of the Republic of Uganda, 1995.
2 Mrs. Hellen Obura, Secretary Uganda law Council (as she then was), legal and Policy framework for legal aid service provision in Uganda, a paper presented to the justice centres project orientation training workshop held at Essela country Hotel, Kira Namugongo from 2' 7lh August, 2010 at page 2.
1 Access to legal aid is therefore crucial to ensure that a range of other Human rights are met3. The right to legal aid is well entrenched in the International and Regional Human rights treaty frameworks most of which Uganda is a state party. The provision of legal aid to the indigent has emerged as a dominant intervention in enhancing access to justice for the poor. Legal aid services address the concerns of the poor and vulnerable by focusing on challenges arising from, affordability of user costs, lack of legal representation, and alienation due to technicalities, language and ignorance of legal rights. Legal aid has the potential not only to enable these vulnerable groups resolve their disputes at he family and community level, but to enhance awareness of legal and human rights and empower them to claim their rights and advocate for social, policy and legal change at community and national level. While legal aid interventions may not in principle transform the poverty situation of the recipients of services, they greatly contribute to the empowerment of individuals and communities, a key ingredient of poverty reduction efforts4 .
1.2.0. Definition of the terms used: This section of the research is aimed at defining some key concepts or words that are central to this work. It is essential for context purposes to define these concepts.
1.2.1 Legal aid This is defined under the Advocates (Legal aid to Indigent Person) Regulations as' the provision of legal advice or representation by a lawyer, an Advocate or a paralegal as the case may be, to a client at no cost or at a very minimal costs Legal aid includes free or subsidized services to individuals provided as a means
3 Ibid 2 page 2 4 Justice Centres Pilot Project, a concept, Enhancing Access to Justice In Uganda, February 20 10, Page 2
5 Statutory Instruments No 39 of2009
2 to strengthen their access to justice, including legal information and education, legal advice and mediation and presentation6
1.2.2 Pro-bono This comes from a latin term "Pro bono publico" which means anything for public good. It is generally used to describe professional work undertaken voluntarily and without pay for public good for the benefit of another person7 . The term pro bono is generally used to describe professional legal aid work undertaken voluntarily and without payment or at low cost to vulnerable privileged personss The practical expression of this tradition requires continuous examination and renewal in order to meet the challenges of dynamic society and profession. Thus administration of justice will continue to be faced with the reality of the litigants comprised of represented "have" and presented "have nots"9
1.2.3 An Indigent This is a poor person or a person who found to be financially unable to pay filling fees and courts costs, or a person who is too poor to hire a lawyerlO
1.2.4 Access to Justice A purely literal point of view, access to justice can be perceived as mere tact or right to entry or right to use the justice system by citizens. In the context of this paper, access to justice is conceived in a holistic or comprehensive manner to
6 SylviaN.Mukasa (Executive Director Uganda law society, A focus on pro-bono scheme a paper presented at the orientation training workshop for the justice centres project staff 5th Aug 20 I 0 at Esella country Hote, Namugongo Page 2) 7 Ibid 6page 2 8 the secretariat of the Uganda Law society pro-bono hand book 2010page 1 9 Deborah L. Rhodes, Equal Justice under the law. connecting Principles to practice,12 was U.J.L & Pol'y 47,61 (2003)cited in Rissell G. Pearce Redressing Inequality in Market for Justice. Why Access to Lawyers will Never solve the problem and why rethinking the role of Judge will help 2004 Fordhan law review 969 10 1 BryanA. Garner, Black's Law Dictionary, 9 h edition page 842.
3 include all aspects of contact, entry and use of the legal system. In this regard this paper will view access to Justice at 4 levelsll 1. Physical Access- that is how close the users (in this case the poor) are to justice institutions; 2. Financial Access- how affordable legal services are to the users; 3. Technical Access- how comfortable the poor are with the legal language and procedural requirement. This also includes how the poor are treated; and 4. Psychological Access -this refers to whether the poor feel confident enough to engage with the Justice Agencies
1.2.5 Rule of Law The rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure decided by government. The Principle is intended to be a safeguard against arbitrary governance12 In common wealth law jurisdictions like Uganda; the most famous and often red to concept of the rule of law is an exposition of the concept as used by Albert Dicey. He identified three principles of the rule of law which included: "(1) the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power; (2) equality before the law or the equal subjection of all classes to the ordinary law of the land administered by the ordinary courts;
11Donald Rukare-ILI Uganda consultant, access to justice and the rule of law, a paper presented at National Consultation conference. Legal employment of the poor at Speke Resort Munyonyo 24th 25 Nov, 2006 page
12 See Wikipedia available at http:/ jen.wikipedia.orgjwiki/Rule_of_law as of 17th June 2011. The Principle is intended to be a safeguard against arbitrary governance. Samuel Rutherford was one of the first modern authors to give the principle theoretical foundations in Lex, Rex( 1644), and later Montesquieu in The Spiritofthe Laws (1748)
4 and (3) the law of the constitution is a consequence of the rights of individuals as defined and enforced by the courts13"
1.2.6 Poverty Poverty has many dimensions both material and non-monetary. The World Bank using the monetary dimension defines a poor person as one living on less than US$ 2 a day14. The Ugandan Ministry of Finance on the other hand defines poverty as the lack of basic needs and service such as food, clothing, bedding, shelter, basic health and education'lS. In addition, poverty is equated to powerlessness, physical insecurity, lack of access to land, poor health, which has been drastically exacerbated by the AIDS epidemic, low levels of education, disempowerment, a heavy burden of work or unemployment, isolation, and either inadequate or vulnerable access to social capital. Poverty also manifests itself across the age, gender and rural-urban divide with the children and women most afflicted by poverty. The Poor Persons Defense Act does not define a poor person but rather bestows the discretion on the presiding Magistrate or Judge to make the call when the means of the prisoner are insufficient to enable him obtain legal representation. In this situation an Advocate will be assigned to him or her16. For purposes of this paper, a poor person is that person that cannot afford legal representation.
13 Ibid
14 Ministry of Finance Planning and Economic Development, December 2002: Second Participatory Poverty Assessment Report- Deepening the Understanding of Poverty, page XI
15 "ibid
16 The Poor Persons Defence Act, No 8 of 1998,Cap 20 Laws of Uganda. It has provisions for the defence of poor persons committed for trial before the High Court. Section 2 bestows discretion on the Magistrate or Judge
5 1.2. 7 Justice, Law and Order Sector (JLOS) The term 'Justice, Law and Order' refers to the regulatory framework for maintaining law, and order and the administration of justice in society. In terms of the latter, there is a temptation to equate the judiciary with the entire legal system, and to look to judges to serve as the primary guardians of probity and fairness. While the judicial role is of clear importance, other interlocutors such as the Directorate of Public Prosecutions (DPP), Prison and Police service, Law Reform Institutions, policy and law makers, and so on, play key roles in ensuring that judgments are by "rule of law" and also by "rule of reason". It is also recognized that where there is a strong support for constitutionalism and an independent judiciary, there is a need for laws that are suited to the needs e poor both in form and content17.
1.2.8 Good Governance Governance is the process of decision-making and the process by which decision_s are implemented (or not implemented). The public institutions ct public affairs, manage public resources, and guarantee the realization human rights. Good governance depends on transparency, accountability and equality in ways that are responsive to the needs of people. It is composed of the mechanisms, processes and institutions, through which everyone can articulate their interests, exercise their legal rights, meet their obligations and mediate their differences in the areas of: democratic processes such as fair elections; economic and financial management; law and justice; public, sector reform; accountability in the private sector; and developing civil societiesl8. Many respondents raised concerns of corruption, abuse of office, and increasing disregard for the rule of law. Key elements of good governance are not upheld to as a basis for enabling the establishment of viable systems that are not only participatory, consensus oriented and accountable but also transparent, responsive, effective and efficient.
17 ibid 11, page 13 ts United Nations paper, what is good governance? wwwj unesco.orgj husetj ggjgovernance.htm
6 There is need to create equitable and inclusive systems in organizations to give assurance that the views of minorities are allowed for and that views of the most vulnerable or underprivileged are respected in decision-making. The analysis below in regard to good governance is mainly based on the model provided by the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP)19. Participation of every stakeholder is a key cornerstone of good governance and could be either direct or through legitimate intermediate institutions or representatives. Participation needs to be informed and organized. This means freedom of association and expression on the one hand and an organized civil society on the other hand.
1.2.8.1 Rule of law Good governance requires fair legal frameworks that are enforced impartially with full protection of human rights, particularly those of minorities. This calls for an independent and an impartial and incorruptible police force.
1.2.8.2 Transparency At every level, the decisions taken and their enforcement ought to be in a manner that follows rules and regulations. It also means that information is freely available and directly accessible to those who will be affected by such decisions and their enforcement. It also means that enough information is provided and shared in easily understandable forms.
1.2.8.3 Responsiveness The persons, institutions and processes that are expected to offer services should always try to act within a reasonable timeframe. There is need to develop a client focused and responsible culture of service provision enriched by self-motivation other than reward.
19 ibid
7 2.8.4 Consensus oriented The mediation of the different interests among players with a similar cause is critical in the achievement of success. There must be harmony in regions, districts, organizations, and projects to agree on what is in the best interest of the whole community and how this can be achieved. It also requires a broad a11.d long-term perspective on what is needed for sustainable human development and how to achieve the goals of such development. This can be achieved through a coordinated sharing of minds to get an understanding of the historical, cultural and social contexts of a given issue.
1.2.8.5 Equity and inclusiveness It is crucial that every entity with a stake in the ongoing activities be involved in it and not feel excluded from the mainstream of the program. This requires that all groups and individuals, but particularly the most vulnerable, have opportunities to improve or maintain their well being as a result of their involvement in a win win manner. Effectiveness and efficiency The processes and establishments should be designed to produce results that meet the needs of every one while making the best use of resources at the disposal of those entrusted with duty. The concept of efficiency in the context of good governance also covers the sustainable use of natural resources and the protection of the environment.
1.3.0. Background of the study Historical context/background In its 48 years of existence, Uganda has seen seismic changes in its political governance with no less than 8 different regimes in power. The profile of these
8 regimes is quite diverse ranging from duly elected governments to brutal dictatorial military regimes20. In order to understand the context within which the justice system in Uganda operates, one has to take into account two dominant factors: the extent of poverty and the impact of decades of civil unrest21. After almost two decades (1966-1986) of political, civil and economic regression in Uganda, the Country faced an almost total breakdown of the functions of the state including the maintenance of Law and Order. Lack of civil authority made it impossible for the justice system to function. Consequently there was loss of public confidence in the justice system illustrated by for example by a high incidence of 'mob justice'. The justice sector suffered from severe lack of finance, demoralized staff who accepted bribes and delivery of low quality service. Institutions lacked the infrastructure, logistics, personnel and proper legal and policy direction to effectively execute their functions. In these circumstances, there was no effective access to justice for all persons even the rich had to 'purchase' it at high cost22. In fact there was a common saying that amply encapsulates the times: "Why hire a lawyer when you can buy the Judge'. It can be said that during this time Uganda presented all the major symptoms of a failed state. Over the past two decades various interventions culminated in a sector-wide approach, whose origins are briefly outlined in the coming sections of this paper. In parallel to government of Uganda (GOU) efforts there have also been interventions by Civil Society actors working to create awareness of legal rights and procedures for redress.
20 The Uganda Commission of Inquiry into Violations of Human Rights, 1994. "Pearl of Blood. Summary of the report of the Uganda Commission of Inquiry into the Violation of Human Rights" Kampala pagesS-8
21 J / LOS Strategic Investment Plan, situational analysis, p.S 22 Stella Mukasa Internal study of results of support to support to the judiciary project phase I and II (draft report) April, 2004
9 1.3.1. Uganda's Fact File Uganda has a population of approximately 31.8 million people constituted into 56 ethnic groups23. These ethic groups can be categorized into four broad groups namely: The Bantu, the Nilotics, Nilo- Hamites and Sudanic peoples. Each of these 4 groups speaks a language different from each other which is not understandable by each24. In Uganda just like several African nation states ethnicity and religion have played a pivotal role in shaping the socio- political landscape and have been a cause of division and conflict. This can in part be explained by the fact that the creation of the nation state of Uganda did not come about through a conscious and deliberate meeting of the minds of these ethnic groups over common aspirations but rather it was a creation of the British whose legacy has never quite shaken off 48 years on. Uganda in the recently launched United Nations Development Program (UNDP) Human Development Report 2006 was ranked 145th out of 177 countries in the
Human Development Index (HDI)2S. The HDI focuses on three dimensions of human Development: life expectancy, school enrolment and literacy, and income26. Uganda has this year maintained its position in the Medium Human
232010 mid year projection- www.ubos.org.as of 29th July 2011
24 8The 2002 national census paints the following religious demographic - Roman Catholics (419%) Protestants (Anglican - 35.9%) Moslems (12.1 %), Pentecostals (4.6%), Seventh Day Adventist (1.5%) other, Christians (1.2%) traditionalists (1.0%), non Christians (1.7%> and Orthodox (0.1 %)
25United National Development Program 2006 Human Development Report, Beyond Scarcity: Power, Poverty and the global water crisis page 285.
26 Although the HDI is a useful starting point, it is important to remember that the concept of human development is much broader and more complex than any summary measure can capture, even when supplemented by other indices. The HDI is not a comprehensive measure; it
10 Development category. The life expectancy is 48.4 years, the Gross Domestic
Product (GDP) per capita of US$ 1,478 and adult literacy rate stands at 66.8%27 • The country is divided into about 111 districts that vary in size and population2s. The poverty rate now stands at 38%29
1.3.2. The location of Uganda law society (ULS) Uganda law society (ULS) head offices are located at Plot 5 John Babiila Aveneu (Former Accacia Avenue)ln Kampala district but has branches in various Major towns in Uganda which include: Jinja, Kabaale Moroto, Patonge, Arua, Kabarole,Gulu, among others. Overview The Uganda law society is an association of lawyers charged with ensuring levels of professionalism among lawyers in Uganda. The Uganda law society was formed by an Act of parliament in 1956. The Uganda law society is governed by an executive council with representatives from each of the four regions of Uganda. Its is a member of the East African Law society while also includes member countries like Kenya, Tanzania Rwanda and Burundi Mission The Uganda law society mission is to improve professional standards of our members and to promote respect for Human Rights, rule of law and access to justice in Uganda. Objectives does not include important aspects of human development, notably the ability to participate in the decisions that affect one's life and to enjoy the respect of others in the community. For further analysis on the efficacy of the HDI see annex 1 of report on page 63-65
27 Human Development Report 2006 page 285
28 http:/ j en.wikiedia.orgjwiki/ Districts - of - Uganda as of 29th July. 2011
29 Uganda national household surveys 2003/4
11 The Society has both Statu tory and Corporate Objectives which it strives for: Statutory 1. To facilitate the acquisition of legal knowledge by members of the legal profession in Uganda as regards conditions of practice and otherwise. 2. To protect and assist the public in Uganda in matters touching, ancillary or incidental to the law. 3. To maintain and improve the standards of conduct and learning of the legal profession in Uganda. 4. To represent, protect and assist members of the legal profession in Uganda as regards conditions of practice and otherwise.
12 Corporate 1. To strengthen collaboration with the Government of Uganda, the Judiciary and the Legislature on all matters affecting Legislation, Human Rights, Rule of Law, Good Governance and the Administration and Practice of law in Uganda. 2. To maintain and improve the standards of conduct and learning of the legal profession in Uganda. 3. To protect and assist the public in Uganda in matters touching, ancillary or incidental to the law. Projects Legal Aid Project (LAP) The Legal Aid Project (LAP) was established by the Uganda Law Society in 1992, with assistance from the Norwegian Bar Association to provide legal assistance to indigent and vulnerable people in Uganda. The Project was born out of the realization that apart from the state brief system that handles only capital offences, and the huge backlog of cases, there is no statutory free Legal Aid provision in Uganda despite the fact that a large part of Uganda's population lives below the poverty line, and without means to access justice. To date, the project has helped and continues to help thousands of indigent men, women and children to realize their legal and Human Rights. LAP has branches in Kabarole, Kabale, Masindi, Jinja, Gulu, Arua, Soroti, Mbarara and its head office in Kampala. The Pro-Bono Project The pro-bono scheme of the Uganda Law society was included by Uganda law society together with ministry of justice and constitutional Affairs supported by the Legal Aid Basket fund. Pro-bono services in Uganda are premised on the fact that a significant proportion of the Ugandan population lives in abject poverty. This leads to limited access to justice as they cannot pursue the same due to the high related costs. According to the National Development Plan, the Justice, Law and Order Sector (JLOS) notes that the key barriers to access to justice include:
13 Growing caseloads, physical distance to service institutions, technical barriers, poverty, and lack of access by women and marginalized groups. It further indicates that women experience more barriers in accessing justice because they have higher Illiteracy levels and lack information about legal rights. To this end, prevailing poverty and its attendant restriction on mobility limits access to legal services and as such occasions injustice. The Pro-bono Scheme of the Uganda Law Society was initiated as a pilot project by the Uganda Law Society in partnership with the Ministry of Justice and Constitutional Affairs, (Law Council) supported by the Legal Aid Basket Fund (LABF) in 2008. The Project currently covers the districts of Kampala, Gulu, Jinja, Kabale, Kabarole, Masindi, Soroti, Arua and Mbarara through the satellite clinics of the Legal Aid Project (LAP) of the Uganda Law Society. Democratic Govemance for Development (DGD) Project This partnership between Advocates Sans Frontieres (ASF) and Uganda Law Society (ULS) focuses on Mobilizing Lawyers for the Rights of Ugandans. The implementation of the project is largely funded by the DGD project. Supporting Access to Justice for Children and Youth in Eastern Africa (SAJCEA) Program SAJCEA is a project funded by the Canadian Bar Association, initiated for purposes of strengthening access to justice for the vulnerable children and youths in the African Great Lakes region, through stakeholder collaboration, institutional development and capacity building and enhancement through sharing of ideas amongst the Justice, Law and Order Sector institutions which have formed National Working Groups (NWG) in the African Great Lakes countries of Kenya, Tanzania and Uganda. The Uganda National Working Group is composed of: The Ministry of Justice and Constitutional Affairs - Department of Law Council, Justice Law and Order Sector, Paralegal Advisory Services, Legal Aid Service Providers Network (LASPNET), the Judiciary, Uganda Law Society, the Directorate of Public
14 Prosecutions - Gender section, Ministry of Gender, Labour and Social Development- Children and Youth Department.
1.4 International standards on access to justice Major International and Regional Conventions to which Uganda is signatory, for example, the International Convention on Civil and Political Rights, the Convention on Economic Social and Cultural Rights and the African Charter on Human Rights provide for the right to Legal aid. In recognition of the importance of these Conventions and the need to domesticate and implement them locally, a number of international and regional conferences have been held and Declarations/Resolutions made to enhance access to criminal justice. Such Declaration/ Resolutions include: the Kampala Declaration on Prison Condition 1996, the Kadoma Declaration on Community Service Orders in Africa 1997, the Ahuja Declaration on Accelerating Prison and Penal Reform in Africa 2002, and the Lilongwe Declaration on Accessing Legal aid in the Criminal Justice System in Africa 200430. Legal aid as a state obligation Legal aid is a Human right and a key ingredient of the right to a fair hearing under Article 1431 The state as a key duty bearer to respect, protect, promote and fulfill Human rights of citizens, is expected to provide Legal aid to those who are unable to afford legal services to enable them seek legal redress. This obligation calls for a number of strategies including the establishment of functioning institutions and systems and enhancing access to legal aid. The situation in Uganda The majority of individuals and communities in Uganda are vulnerable, socially excluded and unable to enjoy and effectively claim their rights by virtue of their
30 Ibid 3 page 2
31 The Interna tional Convention on Civil and Political Rights, 1966.
15 sex, age, physical condition, religious and cultural settings, and socioeconomic conditions such as poverty, unemployment, illiteracy and ignorance. Pro- bono services in Uganda are premised on the fact that a significant proportion of Uganda population lives in abject poverty. This leads to limited or no access to justice as they cannot pursue the same due to the high related costs. According to National Development Plan32 the Justice, Law and Order Sector (JLOS) notes that the key barriers to access to justice include; growing caseload, physical distance and marginalized groups. It further indicates that women experience more barriers in accessing justice because they have higher illiteracy levels and lack information about legal rights. To this end prevailing poverty and its attendant restriction on mobility limits access to Legal aid services and as such occasions injustices33 The provision of legal aid to the indigent has emerged as a dominant intervention in enhancing access to justice for the poor and marginalized. The government of Uganda as the key duty bearer to provide legal aid recognizes that access to justice is an important aspect of poverty eradication. This is contained in various Government document including the National Development Plan34 Legal aid has the potential not only to enable these vulnerable groups resolve their disputes at the family and community level but to enhance awareness of legal and human rights and empower them to claim their rights and advocate for social, policy and legal change at community and national level.
1.5 Statement of the problem The problem of this study is to examine the adequacy of the law in the provision of legal aid and whereas Legal aid is a human right and also a key ingredient of
32 2010/ 11/ 2014/ 15, launched in April, 2010.
33 Ibid 7 pages
34 Ibid 12
16 the right to a fair hearing. As the key duty bearer to respect, promote and fulfill human rights of citizens the state is expected to provide legal aid to those who are unable to afford paid services of a lawyer among others issues, (as provided under the law) so as to seek legal redress. This calls for a number of strategies including the establishment of functioning institutions and systems and enhancing access to legal aid. Until now this state obligation has been carried out to a limited extent for example under Article 28 (3) (e) of the Constitution, the State is under a duty to provide Legal aid to persons charged with any offence which carries a death sentence or imprisonment for life, thereby leaving out a majority of people whose cases do not fall under the above categories. A though a number of Civil Society Organizations and NGOs have come up to supplement the Government's efforts in the provision of pro-bono services in Uganda and while they have done a tremendous job, have hitherto: (i) Taken a routine approach to handling legal disputes without further analysis of root causes and human rights violations in society, which limits the effectiveness of strategies adopted (ii) Had limited outreach that is to say most of the pro-bono service providers do not go to the communities to raise their legal and human rights awareness. (iii) Had limited follow up in matters handled and referred (iv) Lacked an effective M &E framework for monitoring both outputs and outcomes of pro-bono services delivered. (v) Very importantly, been overwhelmed by the need service. (vi) The state's intervention has been limited only to criminal law, in the area of gravest magnitude for example offences which attracts death sentence or life imprisonment only. Even here and more generally, the state has not been effective in meeting its obligation to provide legal aid to those who most need it, to adequately protect and promote their human rights. (vii) There has not been a special budget in the National Budget35 for facilitating the program of Legal aid provision in Uganda.
35 The National Budget 2011/ 12
17 And also despite the fact that the right to Legal aid is guaranteed under the constitution of Uganda, most vulnerable and marginalize groups are prevented from enjoying them because they are often discriminated against and unable to access the formal justice system due to a number of barriers including high/prohibitive cost of legal and related services, illiteracy and ignorance of the law and the basic human rights, low confidence in the justice system, technicalities of the processes and psychological barriers created by gender in equality, cultural norms and social economic settings (poverty).
1.6 Objectives of the study The specific objectives of the research are as follows (a) To identify loopholes and excesses in the laws proving for the provision of legal aid and pro-bono services in Uganda (b) The research also aims at recommending proposals for reform owing to the weaknesses and failures as well as problems faced by the existing legal and policy framework on the provision of Legal aid by Uganda law society and other pro bono services providers. (c) aims as identification whether there is highly positive effective consistence of the public in Uganda in matters touching ancillary or incidental to the country. (d) The study is also aimed at sensitizing public in general about the existing laws both at the national and international scene on the rights to Legal aid and to empower them to claim their rights from the appropriate duty bearers. (e) The research is aimed at sensitizing the public in general about the benefits of Alternative Dispute Resolution (ADR) as opposed to Court litigation. (f) It is also aimed at identifying the challenges failed by the legal aid service providers in Uganda and whether those institutions are of an positive effect to Ugandans
18 Significance: In view of the proceeding statement of the problem; The objectives of the research are as follows; i. Reduction in case backlog at the Courts within and around Prisons as a result of diversion or prevention. ii. Change in practice by justice sectors institutions, steps taken to enact or reform key laws on domestic violence, domestic relations, land, and sexual offences which are long overdue. iii. Increased access to justice for the indigent inmates in Prisons as a result of available free legal services and legal empowerment under the outreach activities. iv. Lessons and experiences to encourage the government of Uganda to commit increased financial support towards legal aid and make it an integral part of the national and district budgets. Hypothesis (i) Access to justice is an inalienable right that should be enjoyed by people world over, and it is not a favor from the state and it is a requirement of principle of actual justice (iii) If the state had wholly taken up the obligation of providing Legal aid to people who need it most,(the vulnerable),it would have contributed to the empowerment of individuals and communities a key ingredient of poverty eradication efforts. If the state had provided favorable grounds for there legal service providing institutions to operate. It would have encouraged the poor and made them feel highly recognized by people in their country or their society in which they belong accordingly.
19 1. 7 The scope of the study (a) Time scope The study covers the period from 1995 to date. The year 1995 is when the 1995 Constitution of the Republic of Uganda which ushered in Article 28(3)(e) which is subject of this study was promulgated. The year 2000 is also covered as the year when the various Acts of Parliament which provide for the provision of legal aid and Pro-bono services among others was compiled into what became known as the "Red Volumes of the Laws of Uganda Revised, Edition 2000" (b) Geographical scope: The geographical study shall be in central Uganda Kampala Wakiso and Mukono including Uganda law society locations, courts of law divisions, police posts and Uganda prisons. However, the provision of legal aid service in general by Uganda Law society and other pro-bono service providers will in the course of the research be compared with other Countries such as South Africa, UK, States of America (U.S.A),India etc, that have substantially progressed in this field. (c) Subject scope The study discusses the effectiveness and quest for pro bono service providing institutions in Uganda despite the government not coming fully to provide it through clear laws.
Methodology In the study of this subject, the researcher applied qualitative method of research by using text books, various articles and reports published. Through library research especially the Uganda Law Society (ULS) Secretariat Resource centre, the High Court library, The Kampala International University main library and the electronic sources such as internet has also been employed. The researcher .used quantitative method of research by preparing both structured questionnaires and informal interviews especially with senior 20 managers of the various Legal aid service providers, their Lawyers and paralegals and the senior judicial law enforcers' officers. among others
1.8 Synopsis This is presented in five Chapters; Chapter one covers the introduction, definition of the words used in the study, back ground of the study, statement of the problem, objectives of the study, hypothesis, scope of the study, methodology, synopsis and literature review. Chapter two discusses the policy and legal framework for Legal aid or pro-bono service provision. The chapter presents a discussion concerning the various laws that provide for the right to Legal aid in Uganda including but not limited to the Constitution, the Trial on Indictment Act, the Poor Persons Defense Act, the Magistrates' Court Act and the Advocates Acts and the Regulations relating to Legal aid made there under. In chapter three, I discussed the various Civil Society Organizations, NGOs in other words the various pro-bono service providers, in the provisions of Legal aid The effectiveness of their services and the challenges they face in providing Pro bono services. In chapter four, I have put together the various finding I gathered from the field through conducting interviews and issuing questionnaires to officials from the various stakeholders involved in the provision of Legal aid services mainly the Uganda law society. The fifth chapter presents the conclusions and makes recommendations, suggestions and proposals aimed at guiding legal empowerment to achieve its stated objectives. Literature review The ultimate objective of this research is to establish the effectiveness and challenges of legal aid service provision in the Country in general and i, in particular by building on the findings of some important earlier surveys. Among those carried out on a national level are the Legal Aid Baseline and Needs
21 Analysis Survey Report of May 2004 which tried to inform processes for improving legal aid service provision in the country as well as the renowned Joint Survey of July 2006 on Local Council Courts and Legal Aid Services in Uganda. There are also some earlier region-specific surveys such as the one carried out by the Refugee Law Project in March 2007 on Formal and Informal Justice Mechanisms in Post-Conflict West-Nile, and most recently is the study on the Options for Enhancing Access to Justice, and Improving Administration of Law and Order in Karamoja. On the whole, basing on the findings of these reports, there are still a number of critical gaps in the existing efforts by stakeholders to enhance access to justice through the provision of legal aid services to the poor.36
1.9 Baseline and Needs Analysis Survey Report on Legal Aid in Uganda, 2004 The Baseline and Needs Analysis Survey Report noted that key legal aid provisions such as access to legal information, legal literacy and legal services, the basic requirements to harness legal and judicial systems, are largely provided by civil society organizations instead of government. The findings were used to provide a definition of legal aid and categories it into primary and secondary services. Formal and Informal Justice Mechanisms in Post-conflict West Nile, 2007 The report noted that traditional or informal mechanisms of justice are subsumed by the formal structures yet these latter appear chronically underfunded, misunderstood within the communities, and susceptible to corruption. The findings indicate that pro-bono legal -aid in the West Nile region is critically needed as an entry point to the formal justice system. The Legal and Regulatory Framework By looking at the various laws providing for the rights to legal aid in Uganda, including the Constitution, the Trial on Indictment Act, the Poor Persons Defense Act, the Magistrates' Court Act and the Advocates Act and Regulations relating to
36 Legal aid service providers Network mapping report: legal aid service provision in Uganda, April 2009 page 15.
22 legal aid made there under. A number of problems will be discovered which explains why the legal system in Uganda is no better adopted to protecting the poor from abuse and that the substantive laws applied by the Courts are out of date, or still carry the stamp 'of colonial authoritarian rule. The legal system and the rules were completely alien to the Ugandan society, difficult to understand and accept. Nevertheless, the society was forced to adopt the system. Among others
23 CHAPTER TWO LITERATURE REVIEW THE POLICY AND LEGAL FRAMEWORK FOR PRO BONO SERVICE PROVISION IN UGANDA
2.0 The policy framework
Pro-bono services in Uganda in general are provided by both the State and non state actors without any policy backing from the Government. At the annual JLOS Review of 2008, an undertaking to develop a national legal aid policy and institutional framework was adopted. With funding support from the Legal Aid Basket Fund (LABF) a consultant was engaged to develop the policy. key issues to be covered by the policy include :the definition of Legal aid , institutional arrangements and Legal aid service delivery mechanisms M$E of service delivery, resourcing , standard setting and quality assurance.
Legal aid service provision will still largely remain the domain of non state actors. 37 such as Civil Society Organization (CSO's) and NGOs
2.1 constitution of Republic of Uganda, 1995 The 1995 Constitution of Uganda provides for human rights, freedom principle of rules of law good governance and due process as enshrined in the major Human rights treaties. The Constitution.38 Guarantees equality before the law to all citizens. The Constitution further articulates the principles upon which the Government of Uganda (GOU) is to construct the mechanism for government and improved personal safety, security and access to justice.
The national objectives and directive principles of state as stated in the Constitution include: comprehensive commitments to guarantee protecting and promoting human rights, employment of marginalized and vulnerable groups and encouraging accountability among others.
37 Ibid 2,3 page 3-8 38 Ibid article 21
24 The rights and freedom are provided under Chapter Four of the Constitution to which include protection and promotion of fundamental Rights and Freedoms by government and for all people39. Chapter Four further empowers Parliament to enact laws necessary to implement policies and programs aimed at redressing social, economic educational or other imbalance in society and democratic principles of governance with rule of law.4o Finally the constitution further provides for minorities rights to participate in decision making process and their views and interest shall be taken into account in the making of national plans and programmes 41
Despite the fact that theses rights and freedoms are guaranteed under the constitution of Uganda , most vulnerable and marginalized groups such as inmates in Luzira prison are prevented from enjoying them because they are often discriminated against and are unable to access the formal justice systems due to a number of barriers including high prohibitive cost of legal and related services, illiteracy and ignorance of the law and basic human rights, low confidence in the justice system, technicalities of process, and psychological barriers created by main factor.
The Constitution also enjoins Courts when adjusting cases of both a civil and criminal nature to apply the principle that justice shall be done to all irrespective of their social or economic status42
In recognition of this constraint, article 28 of the Constitution of Uganda imposes an obligation on the state to provide legal representation at its expense to every person charged with any offence which carries a sentence of death or imprisonment for life. In line with this Constitutional provision the government of Uganda through the judiciary operates a state brief system as one of the models of legal aid services delivery.
39 Ibid article 20(2) 40 Ibid article 21 (4)(a) .(c) 41 Ibid article 36 42 Ibid article 126(2) (a) 25 2.2 The Legal and Regulatory Framework The right to Legal aid in Uganda is contained in various laws mainly the Constitution, the Magistrate's Court Act the Poor Persons Defense Act, the Indictment Act, the Advocates Act among others.
2.3 The Advocates Act, Cap 267 as amended by Act No 27 of 2002 and its Regulations. One of the functions of the Uganda Law council as provided under the Advocates Act is to exercise general supervision and control over the provision of legal aid and advice to indigent persons. The mechanism of performing this function is of a regulatory framework within which Legal aid service providers operate as well as monitoring and evaluation framework to measure impact and enhance accountability through reporting.
To this end, the Law Council developed, The Advocates (Legal Aid services to Indigent Person) Regulations, No. 12 of 2007, to provide for rules governing the provision of Legal aid including registration of Legal aid service providers like the Uganda law society eligibility for Legal aid, and maintenance of quality of services and client care and supervision by the Uganda Law Council
2.4 Advocates Act Cap, 267 was amended by Act No.27 of 2002. In 2002, the above Act was amended to provide for mandatory Pro bono legal services to indigent person by all Advocates in Uganda. In order to put the above provision into effect, Law developed.
2.5 The Trial on Indictment Act, Cap 23 This Act provides for a person accused of an offence before the High Court to be defended by an Advocate, at his or her own expenses as of right.
However, because the majority of the cases tried in High Court are of a capital nature, and attract life imprisonment or the death penalty, the practice is that all
26 accused persons appearing in the High Court must be defended by an Advocate either of their choice at their own expense or by one assigned to them by the state
at the expense of the state. 43
The accused person is informed by the Courts at the time they are formally charged in Court that they have right to counsel. For those who can afford one, this gives them sufficient time to look for one. Court Registrars ensure that accused person who cannot afford counsel expenses obtain such assistance at the expense of the state. But as mentioned earlier, such assistance is limited to cases in the High Court, Appeal Court and Supreme Court and cases that attract life imprisonment in Magistrates' Courts. It should be noted that an accused person's right to Counsel extends through post-conviction stages of appeal, revision, and review of decisions.
2.6 The Poor Persons Defense Act, Cap 20 and Rules made there under. Under this Act Legal aid is provided where it appears for any reason that it is desirable in the interest of justice. that a prisoner should have Legal aid in the preparation and conduct of his or her defense, at his or her trial and that the means of the prisoner are insufficient to enable him to acquire that aid.
During committal of the prisoner for trial, or at any time after reading the summary of the case submitted at the committal proceedings, a certifying officer may certify that the prisoner ought to have the legal aid, and if an Indictment is filed against the prisoner and it is possible to procure an Advocate the prisoner is entitled to have an Advocate assigned to him or her.
2.6.1 The Magistrates' Court Act, Cap. 16 This Act provides for any person accused of an offence before a Magistrates' Court to be defended by an Advocate as of right.44 However, many persons appearing in
43 Ibid n 44 44 Section 158 MCA
27 these Courts are poor and cannot afford Counsel. The result is that the majority of persons appearing in Magistrates Courts end up defending themselves, except for those cases which attract life imprisonment for example where the state provides an Advocate at its cost under the state brief system.
2.6.2 . The Poor Persons Defense Rules S. 1 20- 1 Provides that " ... no advocate shall be assigned if the prisoner is charged with an offence other than murder, except on the direction of the Chief Justice or a Judge of the High Court"45
The remuneration of any Advocate assigned is payable from the monies provided by Parliament and is determined by the trial judge. In determining the amount of remuneration the trial judge is guided by the complexity of the case.
And the duration of the trial proceedings. Modality for payment of travelling expenses of the Advocate is provided under, The Poor persons Defense (expenses of Advocates) Rules46
This Act and the Trial on Indictment Act are in the spirit of Article 28 (3) (e) of the Constitution so they apply only to criminal proceedings and does not extend to cover other proceedings including civil and family cases. The provision of Legal aid under this Act is dependent on the availability of the Advocate. In the event that the court is not able to procure one, the accused is not able to proceed with his or her case on the grounds that there is no advocate to represent him or her.
2. 7 The Advocates (Pro- bono services to Indigent persons) Regulations No. 39 of2009. These regulations were passed to by Law Council to operationalize the provisions of the Advocates Act in that regard. The regulations provide for requirement of all advocates in Uganda to give Pro bono services for at least 40 hours in a year or pay money in lieu thereof. It specifies the nature of
45 Ibid Regulations 46 Statutory Instrument No 20-1 28 Pro bono services and the area of law in relation can be rendered. It empowers the Law Council to establish a pro bono scheme and sets up a Board of Trustee to manage the same. Where the board determines that Advocate has neither offered professional services for required hours nor paid money in lieu thereof, the practicing certificate for that Advocate will not be renewed.
These regulations offer the relevant information as regards the administration of pro-bono in Uganda.
The pro-bono regulations apply to all members of the Ugandan Bar of good standing except those who are retired, inactive, suspended or have been placed on the inactive list for incapacity not related to discipline.
Application of the Regulations exempts judicial officers and their staff; government lawyers who are prohibited from performing pro-bono legal services by the Constitution, Statute, Rules or Regulations until these prohibitions are removed.
2. 7.1 Types of legal aid services offered under the regulation47 According to regulation 3(2) and (3) the services to be offered include: Giving advice or providing representation to indigent persons, Involvement in free community legal education and Involvement in giving free legal advice or representation to a charitable and community organization or to a client of such an organization
It may also include professional services related to:
Administrative law, Business law, in relation to nonprofit making organization making organization, Child care and protection, Criminal law, Debt and credit, Discrimination, Employment and industrial law, Family and Succession Law, Wills and Estates, Human Rights, Land Rights, Tenancies, Woman's rights,
47 The Advocates (Pro -Bono Service To Indigent Persons) Regulations No. 39 Of 2009 29 Environmental and health and Any other matter approved by the Law Council or a body delegated by the law council for that purpose.
2. 7.2 Areas of service From regulation 3, the areas of pro-bono services discemible include but are not limited to matters relating to48: Criminal proceedings, Civil proceedings, Commercial transactions, Land transactions; and Domestic relations.
2. 7. 3 The following are exempted services under Regulation 3(4)49 Business law in relation to profit making organization, Intractable disputes between neighbors, Personal injury and professional negligence, Traffic matters and motor vehicle accidents or Local govemment and planning issues.
2. 7.4 Payment in lieu of pro-bono services Where an advocate does not provide pro-bono services in any given year, he or she shall for every two professional hours pay the equivalent of one currency point to the law council in lieu of the provision of the services. This money shall be paid into the pro-bono fund and shall be used for purposes of facilitating and administering pro-bono services.
2.8. The Advocates (Student Practice) Rules, 2004 The amendment of Advocates Act in 2002 also introduced a new provision to allow any person undergoing instructions for the acquisition of professional skills or experience for the purpose of enrollment to have a right of audience in Court provided he/ she appears with an Advocate possessing a valid practicing certificate. The Advocates (Student Practice) Rules, 2004 was developed by Law Council to put into effect this provision. Under these Regulations, Post Graduate Bar students are allowed, as part of their training, to provide Legal aid by
48 Ibid 53,54 49 Ibid 53,54,55
30 representing Juvenile clients in Magistrates' Courts under guidance of a senior practicing lawyer.
Despite the fact that laws and regulation exist on paper to buttress Article 28 (3) of the Constitution, they have not been effectively implemented leaving a huge gap between the law and practice. This is because pro-bono service provision requires substantial funding and the Government of Uganda as a key duty bearer has not committed any meaningful amount of funds to implement these laws .
Countries such as Canada, UK, USA, India, Australia, Wales, Kenya, Ghana and South Africa to mention but a few have registered great success in providing Legal aid to its poor because they have ring - fenced budget for Legal aid provision that keep growing over the years. The researcher hopes for more improvement for legal aid service provision in Uganda if parliament enacts more laws encouraging commitment by government and other pro-bono service providing institutions to carry out required legal aid services.
In Australia, legal aid is mainly delivered through State and Territory legal aid commissions (LACs), which are independent statutory agencies established under State and Territory legislation. The Australian Government funds the provision of legal aid for Commonwealth family, civil and criminal law matters under agreements with State and Territory governments and LACs. The majority of Commonwealth matters fall within the family law jurisdiction. Legal aid commissions use a mixed model to deliver legal representation services. A grant of assistance legal representation may be assigned to either a salaried in house lawyer or referred to a private legal practitioner. S 50 ibid 31 the Australian Government funds financial assistance for legal services under certain statutory schemes and legal services for Indigenous Australians51 In India, a Legal Services Authorities Act was enacted to give a statutory base to legal aid program throughout the country in a uniform. Legal aid is provided to a person for a case which includes a suit or any proceeding before a cc. Legal Services Authorities pay the required Court Fee in the matter. provide a counsel at State expense, and bear all incidental expenses in connection with the case after examining the eligibility criteria of an applicant and the existence of a prima facie case in his or her favor. A nationwide network has been envisaged under the Act for providing legal aid and assistance whereby the National Legal Services Authority (NALSA) is the apex body constituted to lay down policies and principles for making legal services available through schemes deemed to be most effective and economical. It disburses funds and grants to State Legal Services Authorities and NGOs for implementing legal aid schemes and programmes.s2 The people's courts (Lok Adalat) were also established by the government to accept cases for settlement by way of conciliation and compromise or those pending in the regular courts. The Lok Adalat is presided over by a sitting or retired judicial officer as the chairman, with two other members, usually a lawyer and a social worker. There is no court fee and if the case is already filed in the regular court, the fee paid will be refunded once the dispute is settled at the Lok Adalat.53 The procedural laws and the Evidence Act are not strictly followed while assessing the merits of the claim by the Lok Adalat. But the major condition is that both parties in dispute should agree for settlement and matters brought to the people's court are those within its stipulated jurisdiction. The decision of the Lok Adalat is binding on the parties to the dispute and its order is capable of 51 ibid s2 http: I I I causelist.nic.in Nalsa I as of 20th June ,2011 53 ibid 32 CHAPTER THREE 3.0 Introduction. Legal aid is provided by countries that recognize the social obligation to bridge the gap between the rich and the poor, 3.1 Legal Aid categoriess4 3.1.1 Secondary legal aid Involves human rights training, legal awareness, law reform, legal research and advocacy. 3.1.2 Primary legal Aid Legal aid service provision also includes primary legal aid and Involves legal representation, legal advice, mediation and legal counseling. 3.3.2 Legal Aid service delivery models in Uganda 3.2.1 The "staff attorney" model, Whereby lawyers are employed on salary solely to provide legal assistance to qualifying low-income clients, similar to staff doctors in a public hospital. 3.2.2 The "judicature" model, In which private lawyers and law firms are paid to handle cases from eligible indigent clients alongside the fee-paying clients, much like doctors are paid to handle Medicare patients in the United States. 54 Legal aid service providers network (LASPNET) mapping report legal aid service provision in Uganda April 2009 at page 5 33 3.2.3 The "community legal clinic" model, On the other hand, comprises non-profit clinics serving a particular community or group sittings through a broad range of legal assistance services (e.g. representation, education, law reform) and provided by both lawyers and non lawyers, similar to community health clinics. 3.3 Key players in the provision of legal aid in Uganda 3.3.1 The Justice, Law and Order Sector (JLOS) As noted above, in the late 1980's, Uganda was emerging from a dark period. Uganda begun to attract development assistance to help it revamp its economy. The Justice institutions in the early 90's were supported in an ad hoc manner by a handful of development partnersss. Around 1999 the idea of setting up a Justice Sector Wide Approach (Swap) was hatched by some development partners. They took the cue from the government of Uganda's stated preference for Swaps as the most favorable modality of aid delivery as opposed to projects. As a result, a number of studies were undertaken to assess the situation on the ground so as to inform the creation and direction of the JLOS Swaps6 The 1995 Crown Agents Report (Volume I and II) and the Review of Uganda's Criminal Justice System 1999 analyzed the institutions central to the criminal justice system and identified the factors that constrained the proper functioning of the sub-sector's institutions. Overall, the institutional and systemic constraints identified as affecting the 'supply side' of criminal and civil justice included corrupt practices, lengthy Court delays, case backlogs, inefficiencies and lack of effective procedural guidelines 55 fbid page 17 56 The Medium Team Evaluation of JLOS report notes that support was provided to individual agencies and there was little cooperation between institutions. The approach was the tradition institutional approach with different donors working with different agencies. 76 For a derailed background account see pages 16 - 23 of the MTE report ibid 34 and Court performance standards, lack of effective planning and budgeting, lack of adequate transport, basic office equipment and insufficient or unsuitable office I Court accommodation. These systemic constraints were compounded by the absence of a clear policy framework and strategic plan for the sector; limited capital and infrastructure investment and decreasing funding levels from the Government of Uganda (GOU); impunity and lack of accountability to the public across the sector for the range of human rights violations by the state; and corrupt practices and limited information exchange contributed to serious service delivery problems e.g. the management of suspects from arrest to discharge or operational legal systems to enforce contracts and enable debt collection. In addition to such institutional and systemic obstacles, others were identified which relate directly to the end-users of the agencies, the 'demand side'. The status quo remained in part due to a weak 'demand side', especially by the poor, unable to demand change. Obstacles include illiteracy and ignorance of rights, of the technical procedures, cultural and gender-based obstacles, corruption, and a weak financial and economic base making criminal defense or civil litigation unaffordable. Of crucial importance is the impact of the obstacles summarized above on undermining that public confidence in the state justice system (both criminal and civil). Confidence was severely eroded, contributing to the negative cycle. A mid term evaluation of JLOS established that at process level, the central success of implementation of JLOS to date has been the establishment of the Three C's: Increased co-ordination, communication and co-operation through specific mechanisms. 57 57 Ibid 11 page 12 35 3.3.2 The roles of JLOS in the provision of legal Aid. a) JLOS's support to access to justice and the rule of law Good governance has increasingly been recognized as a crucial prerequisite for development effectiveness and the growth that it fosters. In its equity (or inequity) aspects, the rule of law also effects empowerment58: if poor people including but not limited to the inmates in Luzira Prison and other prisons can obtain impartial justice, their freedom is enhanced. Enhanced women's rights and participation is important in this regard. (b) Support to Dispute Resolutions Mechanisms by the Poor. Defining access to justice earlier on in the paper (See chapter 1.2.4), a holistic all embracing definition was used. Access was viewed from the multi faceted dimension of physical, technical, financial and psychological. JLOS has made a number of efforts to address the physical access side of the equation. A number of Courts and Justice Institutions have been opened up country wide though much more has to be done. One problematic area in terms of access for the poor to dispute resolutions mechanism is the technical nature of the proceedings. The official language of the courts and government agencies is English. While provision for interpreters Is there, most ordinary people including but limited to the inmates in Prisons cannot follow Court proceedings or even read the various laws. This is further compounded by lack of filing fees especially in civil matters. It was recently revealed that many people cannot obtain letters of administration to administer estates of deceased person due to lack of filing court fees of Ushs 300,000 (about 150 US$). Furthermore, the few existing lawyers charge an average of the same amount above to open a file which most Ugandans cannot afford. 58 Kaufmann, D. & Kraay, A. & Zoido-Lobaton, P., 1999. 'Aggregatng Governance ndcators, Paper 2195, World Bank Country Economics Department. 36 Another obstacle to access that exists is the psychological barrier. This barrier has been created over the years by oppressive regimes and a general lack of trust of the people in state agencies. There is a general fear of approaching. This was revealed during a meeting with the Administrator General in his office on 12th July, 2011. Justice Agencies coupled with a belief that Justice will not be obtained for a whole host of reasons, corruption top on the list. This is a powerful barrier even to free and accessible justice agencies. A study on Gender and Access to Justice in Uganda notes that "the feeling ofpowerlessness and inability to influence things around you is a common denominator of effects of gender oppression and poverty"59 In response to the problem of access to Justice for the poor, a number of development partners are supporting the provision of legal aid to the poor via a legal aid Basket Fund (LABF).60 Its role is to operate in the interim as a funding mechanism which aims to serve dual purposes of complementing on-going justice sector reforms through innovative affordable models of legal aid delivery and also seeks to pave way for a sustainable provision of legal aid at the national level. The 200672009 j 10 strategy aims at improving access to justice for all the poor through provision of legal aid service in a sustainable manner with 'a view to national coverage. This is meant to supplement the poorly funded state brief system run by the State.61 Justice, Law and Order Sector March 2002, A Desk Review of Gender and Access to Justice in Uganda, page 21. S9Justice, Law and Order Sector March 2002, A Desk Review of Gender and Access to Justice in Uganda, page 21. 60 Denmark, Ireland, Netherlands support the legal Aid basket fund. 6 ! A state brief system is where a government appointed 11 be made available to those accused of capital offences. However the system is poorly funded and not many have access to these lawyers 37 90 Denmark, Ireland, Netherlands support the legal Aid basket fund. See. Legal Aid Strategy 2006- 2010. Its two immediate objectives are: Coverage62 of adequate and affordable legal Aid improved based on innovative, coordinated and tested models CSOs effectively advocate for access to justice for the poor A state brief system is where a government appointed lawyer will be made available to those accused of capital offences. However the system is poorly funded and not many have access to these lawyers. 3.3.3 The role of the Law Council The Law Council is a department of the Ministry of Justice and Constitutional Affairs, and is established under the Advocates Act of 1970 (as amended) and is mandated by the same to. 63 a) Regulate and supervise provision of legal services in Uganda. This mandate includes regulation and supervision of the provision of legal aid and pro-bono services. b) Ensure that every Advocate in Uganda provides Pro-bono Services in accordance with the law. c) Ensure that Advocates, who do not provide pro-bono services, pay the requisite fees in lieu of the service and in the event of non compliance the Law Council shall refuse to issue or renew a Practicing Certificate to the Advocate d) Ensure that Court awards to indigent persons by Court judgment or mediation or private settlement are distributed according to the pro-bono regulations. 62 See. gal Aid Strate 2006- 2010. Its two immediate objectives are: Coverage of adequate and affordable legal Aid improved based on innovative, coordinated and tested models CSOs effectively advocate for access to justice for the poor 63 Ibid 8,67 page 6 38 e) Set up a Pro-bono Fund in which all the fees paid by the Advocate will be deposited. This Fund will be managed by a Board of Trustees that will be set up by the Law Council f) Strengthen the existing lineages with donor partners and other stakeholders through the Board of Trustees. 3.3.4 The Role of the Civil Society: the Uganda Law Society Civil Society organizational has formed an umbrella body of Legal Aid Service Providers Network lLSPNET that provide free legal and advisory services to indigent persons. These include:64 Legal advice and Legal counseling, Rights awareness, Legal Representation Alternative Dispute Resolution (ADR) Research and Advocacy The membership of LAS PNET among others includes: Legal Aid Project of the Uganda Law Society (LAP}, Legal Aid Clinic of the Law Development Centre (LAC), Justice and Rights Associates (JIJRIA} Alliance for Integrated Development and Empowerment (AIDE}, Advocates Sans Frontieres (ASF}, Defence for Children International (DC!}, Uganda Association of Women Lawyers (FIDA}, Uganda Christian Lawyers Fraternity (UCLF), Refugee Law Project (RLP}, Foundation for Human Rights Initiative (FHRJ}, Inter-Religious Alliance (ULA}, Uganda Network on Law, Ethics and HEV /AIDS (UGANET}, Uganda Youth Development Link (UYDEL}, Youth Justice Support-Uganda (YJSU) and Alliance for Integrated Development and Empowerment (AIDE). Council of Uganda (IRCU}, Mifumi Human Rights Defenders' Network (MHRDN), Platform for Labour Action (PLA}, Public Defenders Association of Uganda (PDAU}, Uganda Gender Resource Centre (UGRC}, Uganda Land 64 Ibid 8,79,page 2 39 3.3.5 The Role of the Uganda Law Society The Uganda Law Society is the National Bar Association of Uganda established by the Uganda Law Society Act of 1956, currently Chapter 276 of the Laws of Uganda. The Law Society currently has over 1,200 paid up lawyers as its members. Its statutory objectives among others include.65 a) To maintain and improve the standards of conduct and learning of the legal profession in Uganda; b) To protect and assist the public in Uganda in all matters touching, ancillary or incidental to the law; and c) To assist the Government and the Courts in all matters affecting legislation and the administration and practice of law in Uganda. The Uganda Law Society in partnership with the Law Council initiated the Pro bono Pilot Scheme in 2008 and through its LAP Clinics, the project was implemented in the Districts of Kampala (Luzira), Jinja, and Gulu, and has now rolled out to the Districts of Kabale, Kabarole and Masindi. The Legal Aid Project of ULS through its outreach clinics spread across the Country and in conjunction with other Legal Aid Service Providers operate as a catch base for the identification, processing and referral of pro-bono cases. The Pro-bono pilot Scheme now being implemented by ULS is intended to document the best practices, challenges and lessons that would inform the eventual operationalizing of the scheme and ensure compliance by the members . 65 Ibid 8 79,94, page 7 40 CHAPTER FOUR 4.1 CHALLENGES IN PROVIDING LEGAL AID Since the provision of legal and aid service requires a substantial funding and the government of Uganda as a key to duty bearer has not committed any meaningful amount of funds to the provision of legal aid, and worse still the lack of legal aid policy and a national body to guide and co-ordinate legal aid provision. The following challenges have been identified. 1. The apparently insatiable desire by the public for the services of the Project. According to George Akena a paralegal with ULS's legal aid clinic in luzira: "the number of clients received by LAP have over the years significantly increased yet their main funding basket has remained more or less the same for the ever increasing needs in legal aid provision. In effect LAP is overstretched for its present capacity in relation to a much bigger number of clients to attend to and a much wider territorial Jurisdiction being covered than before. Office equipment, motor vehicles and such other facilities have since all grown old and prone to constant breakdowns, - which limits the effectiveness of staff to reach out to the people who need legal services. This situation has put a strain on the available resources. and as a result, compromises the quality as well as the impact of the services we provide. "66 2. Provision of pro bono services at a national level As the National Legal Aid baseline Survey revealed, the current coverage of legal aid service providers in Uganda in general and in Luzira prison in particular. It has also been observed that, owing to the nature of the people served by Luzira legal aid clinic (thievery poor in society) legal aid service delivery is no longer just a legal function, It also involves counseling and some form of social work activity 66 One on one interview conducted on the 20th June, 2011. 41 yet, the lawyers who deliver this service (legal aid), are essentially trained to handle legal issues and the social aspects of the legal problem identified are largely unattended o. 3. Staffing and equipment On the whole, the capacity of the current legal aid clinics as well as the overall preparedness to take on new grounds, all need to be reviewed in relation to requirement of the inmates, especially with regard to manpower staffing, equipment and other logistics necessary to facilitate the provision of legal aid to the various inmates in Luzira prison. It is quite evident that LAP which is a key legal aid provide in Luzira is now in dire need of more legal personnel and fresh injection of better equipment and or more modem logistical provisions if They are to remain relevant to the magnitude and scope of the legal aid needs of the inmates in luzira prison. 4. High Cost of Living The cost of lMng and service deliver has risen considerably in the past two or so years as pointed out by Ogenrwot Simon Peter a legal officer of LAP at luzira legal aid clinic 'This has impacted on the outreach services for the project especially the media campaigns and community outreach workshops. ft.'s very costly to hold a radio talk show which costs between USD $ 350 -550 for 30 minutes, while the average cost of a television talk show of equal length is about US$ 1,000. These developments have overtaken the current 3 year program budget that was developed in 2006. The Project has, as evident from this report, sought alternate funding to plug the shortfall in its program implementation from other development partners. 67 5. The thinking and attitudes of some lawyers who still perceive probono as forced labour affect the positive responsiveness to the initiative. 67 One on one interview conducted on the 20th June, 20 11 . 42 6. Since pro-bono has no attached fiscal reward, some of the lawyers that enrolled still give priority to their paid up cases which affect the quality of the services rendered to the pro-bono clients 7 . The issue of disbursement especially upon change of pecuniary jurisdiction also affected timely delivery of services and left some clients with no Advocates to take their cases further. 8. Irrespective of the fact that pro-bono is meant to be totally free, there are situations that demand that lawyers be provided with disbursements to facilitate their movements, for example visiting locus in quo, prison visits and handling cases within their jurisdiction slightly out of reach by the Advocates. 9. Majority of the clients being assisted are too poor, ignorant of their rights, and lacking the necessary vigilance to pursue cases. This leads to unnecessary adjournments and delays in cause listing their matters to be hard in court which acts as a source of discouragement to the lawyers already handling and those wishing to handle their cases. 10. Delay and reluctance of some advocates to provide progress reports to the ULS secretariat affects timely reporting. 11. Over crowding at Luzira prison At present the Uganda Prison system is grappling with a huge overcrowding situation with about 19,000 prisoners incarcerated in structures built in the 1930's for less than a third of the present population. Over 60% of these are on remand awaiting trial and do not have access to legal representation. 68Jn Uganda prison service, 2005, prison census. it is reported that as of 5th September 2005, there was a prisoner Population of 19,321 of which 60% where on remand (11, 103 males and 494 females) and 40% convicted (7, 483 males and 241 6B Uganda prison service, 2005, Prison census it is reported that as of 5th September 2005, there was a prisoner population of 19,321 of which 60% where on remand (11,103 males and 494 females) and 40% convicted (7,483 males and 241 females.) 43 females.) most cases they have spent over 3 years on remand which is clear breach of Constitutional provisions. 12. The Question of Bail In the recent past there is a high profile case, Uganda vs. Col (Rtd) Dr Kiiza ijj Besigye and 22 others69. The principal accused, Kizza Besige, was eventually granted ball while 14 of his co-accused remain in custody despite having been grated ball. This is a clear violation of the rule of law principle. There is also a proposal by government of Uganda to deny bail to some categories of. offences such as murder, rape, rioting 13. The Public Administration Challenge One of the major challenges the poor such as the inmates in Luzira prison meet is an insensitive public administration. While public servants are meant to serve the people, they often believe they are "assisting'' or helping the poor as a favor. The typical public servant is educated and probably not highly paid. They feel distant from the poor and often do not want to engage with them and particularly sideline women and marginalized groups. It is a common site to find several people lined up or sitting in the corridors of some Justice. agencies waiting to be assisted. A feature that is quite prevalent through the rank and file of the public service is the lack of an accountability culture to the people. As mentioned above there is little recognition that public servants are, or Uganda vs. Col ( Rtd) ) Kiiza Besigye and 22 others. Court Case No 955/2004: Kizza Besigye was one of the key opponents to President Museveni in the February Presidential Elections Should be, accountable to the people - especially the poor. It is therefore not uncommon to find that there are hardly any output/impact indicators for most institutions. JLOS is in the process signing off sector wide indicators and each 69 Uganda vs. Col ( Rtd) Dr Kiiza Besigye and 22 others. Coup Case No 955/2004 :Kizza Besigye was one of the k opponents President Museveni in the February Presidential Elections. 44 institutional is development institutional indicators. The lack of monitoring and evaluation (M&E) across institutions is another challenge. They are weak M& E processes in place which further muddles the situation. When this is coupled with the above challenges the picture becomes even more blurred. The question of efficient use of resources is a big challenge. When the expenditure patterns are critically examined it will be quickly realized that the question of efficient recourse utilization is lacking. In addition to this there is the problem of efficiency of the system. While it is easy to build the infrastructure people must be able to get an efficient, certain and predictable service. This is still lacking. The advice of a focus group participant sums it well: "We need to change the way we do things})7o In order to have improved public administration, it is essential to have a motivated, accountable and driven public administration that is closely and constantly monitored. 4.2 Findings from the field 4.2.1 Working Relationships among Service Providers A number of govemment service providers were found to have strong working relations amongst themselves. The DPP was working closely with Police and the Courts but little coordination seemed to exist with the Probation and Social Welfare Office in many divisions. In most cases it is the Child and Family Protection Unit that was identified to create better working relationship with the PSWO due to the type of cases both handled. Most non-government service providers were working in an uncoordinated way due to their institutional mandates. But some working relationships existed with the government service providers in case of referrals and need to follow up on cases in the formal justice system. There is need to improve on working relationships among service providers in the justice system as pointed out by Chris Kabugo an Advocate working with M/S Bakiza and Co. Advocates, Kampala: 7°Comment of a Focus Group participant, Ms. Evelyn Edroma, made on I On November 2006. 45 "The training of stakeholders in the criminal justice system is critical to having a successful prosecution of cases. Every one is currently focusing on their own set of duties which are at times uncoordinated with those of other organs in the same line ofworlc. "71 4.2.2 Geographical Coverage of Identified Service Providers The shores and islands of Lake Victoria are desperately in need of legal aid services and may require region specific interventions. A lot more is also required in terms of improving referrals, networking, and collective advocacy. 4.3: Presentation of Findings 4.3.1. Government Service Provision The findings from the research indicate government has several institutions working directly or indirectly to provide legal support services to the inmates in luzira prison. 4.3.2 The Ministry of Gender, Labour and Social Development The Ministry of Gender, Labour and Social Development (MGLSD) is mandated by the Constitution of Uganda to create an enabling environment for social protection and social transformation of communities. It focuses on affirmative action and promotion of fundamental human rights of the people of Uganda, with a particular emphasis on the marginalized groups, such as the inmates in luzira. A number of departments in the Ministry were established to fulfill its mandate: department of Poverty Eradication, Economic and Civic Rights; department of Occupational Safety and Health; department of Labour, Employment and Industrial Relations; department of Youth and Children Affairs; department of Disability and Elderly; and department of Gender, Culture and Community Development.72 In Kampala, the Ministry has several centers under its 71 Data colected from questionnaires to Advocates n prEvate practice on 14th Ju !y, 2011 12 33 Http jWww Mgish , Go .Ug 46 supervision: for example Naguru remand home, Naguru reception centre and a number of vocational rehabilitation centers such Kampiringisa national rehabilitation centre (Mpigi) district and Lweeza vocational rehabilitated centre (W akiso district) 4.3.3 Probation and Social Welfare Office The Probation and Social Welfare Office (PSWO) is central in the implementation of the Children Act under the Ministry of Gender, Labour and Social Development. One of the key responsibilities of the PSWO is to assist the parents and the victims of sexual abuse obtain medical examination reports and to have evidence required in Court, provide initial counseling to a child victim and the family so as to cope with abuse and to also ensure that the child is protected from any form of abuse. Because the PSWO is based at district level, the Community Development Officers (CDOs) or assistants, at lower levels, have been given authority to represent the PSWO. But even then, many challenges still exist as the Probation Officer in Mwanga II Road Court said: In case of child abuse, for instance, the Probation Officer under the present circumstances cannot do much since there is usually no ready place to take the child. Existing children's institutions are inadequate, formal fostering is still not developed owing to cultural and economic limitations. The greater problem is that Probation and Welfare Officers have no resources, they are few and therefore cannot adequately solve the problems of the child's family and those ofthe childJ3 Government faces the challenge of providing adequate funds for the' PSWOs, which in turn affects fulfillment of children's rights. A number of districts have to 73 103 Date from questionnaires on 15th July 2011 47 devise ways of meeting these funding needs through resources from various partners as well as other local government sources. 4.3.4. The Uganda Human Rights Commission The Uganda Human Rights Commission (UHRC) is an independent constitutional body established, under article 51(1) of the Constitution of the Republic of Uganda (1995) and by the Uganda Human Rights Commission Act No.4 of 1997. The UHRC has the power of a court provided under article 53 ( 1) of the Constitution to: summon or order any person to attend before it and produce any document or record relevant to any investigation by the Commission; question any person in respect of any subject matter under its investigation; direct any person to disclose any information within his or her knowledge relevant to any investigation by the Commission, and commit persons for contempt of its orders. However, the Commission is barred from investigating any matter, which is pending before a Court or judicial tribunal, or a matter involving the relations or dealings between the Government of Uganda and the Government of any foreign State or international organization, or a matter relating to the exercise of the prerogative of mercy74 In view of the above functions, the UHRC has put in place five Directorates of particular interest in this research are the Directorate of Complaints, In Investigation and Legal Services, as well as the Directorate of Regional Services. Its service delivery strategy puts a lot of emphasis on establishing regional offices to implement activities at the grass root level through handling corporate affairs and policy matters, developing standard activity guidelines and offering a supervisory role of activities implemented by the various regional Offices. It further ensures adherence to a harmonized position on service delivery procedures through regular monitoring of the regional offices. 74 Htt:/ jwww.uhrc.ug as of 24th June 2011. 48 On the other hand, there are a number of cases that reportedly could not proceed due to lack of affordable medical facilities and personnel to carryout medical examinations during the investigation process. By and large the Efforts of the commission were reported to be mostly frustrated by the increasingly corrupted and weakening judicial system. Although the UHRC mainly handles cases of human rights violation and abuse, it usually intervenes in other matters due to a non functional Court system at the division sub-county level. 4.3.5. The Directorate of Public Prosecutions The office of the Directorate of Public Prosecutions (DPP) is established by Article 120(1) of the Constitution of Uganda to prosecute all criminal cases in the Country on behalf of the state. The DPP may handle and bring to Court all criminal cases or delegate such powers, where necessary, having regard to Public interest, administration of justice and the need to prevent abuse of legal process." The role of the DPP is critical as a state agent to ensure that an effective and efficient process of prosecution is carried out. The Resident State Attorney in Nakawa explain.ed:75 ((The public normally report cases to the police who carry out investigations and refer the case to the DPP for legal advice and to conduct the prosecution in the Magistrates courts. So, the role of the DPP to guide and advise the police in the conduct of investigations, But the DPP also has powers to commit any case to the High Court for trial. 76 The DPP works closely with the criminal investigation department in Police (CID) and the judiciary, the directorate has stations in most of the Divisions around 75 http://www.ilos.qouq!irosecutions 2.php 76 http://www,dpp.go.ug/profile stations.php 49 Kampala, Wakiso and Mpigi that have the power to search, seize, arrest and interrogate suspects. The findings of this research indicate that performance of the DPP is relatively good although in some districts issues of bribery, corruption and incompetence were reported. The Resident State Attomey in Buganda Road Court noted: "The town communities are mostly made up of semi-urban populations and a number of victims are from the hard-to-reach areas like Kisenyi and Kivulu. This implies that following up cases through the court process is very costly. It is understandable when people get frustrated by the system especially if required to transport witnesses or meet court fees. Even the time required to attend sessions may not be convenient to such a peasantry population. 77 4.3.6. The Family and Children's Courts Government has designated the Family and Children Courts (FCCJ at sub counties in addition to the Magistrate's Courts in each district. They maintain law and order and provide legal services within reach for communities including children. The FCC is established under section 13 of the Children Act with the power to hear criminal cases against a child, except those which carry the maximum death sentence such as murder, defilement and rape; and civil matters related to childcare and protection such as maintenance cases, or parentage cases. On the other hand, it is important to note that usage of the FCC in various parts of the Country may be difficult for the particularly complex or difficult cases as pointed out by the Grade I Magistrate in Nakawa: ((Cases are usually not reported to the FCC due to the use of the extended family as a support network and the putting of emphasis on seeking resolution through the Local Councils. Many family disputes have arisen over children born during the 77 Data from questionnaires issued on 15th July, 2011 50 political insurgency in the region but these are largely handled by clan elders and community leaders. However, there has been extensive training of the LC officials on issues of children's rights and protection by both the government and various NG0s. 78 4.4. Non Government Service Provision Although the various non-government service providers have tried to improve on the service delivery towards the legal needs of the in mates in Luzira Pison, Data from the questionnaire issued on 14th July. There is a major gap of most providers concentrating their efforts in Prison and therefore interventions are not adequately spread out to reach Division sub- County levels in almost all the districts visited. As a result, in many instances, the most vulnerable groups have not been helped since they lack the capacity to access these programmes. Most of these providers are also overwhelmed by the level of need in the communities they Endeavour to assist. The findings of this research indicated a rapid proliferation of Civil Society Organizations that support development efforts. These play the role of intermediary organizations between CBOs and foreign NGOs, or in support of Advocacy initiatives. Many of these NGOS are indigenous and only a few are international or have some form of foreign linkages. They uniquely have differences in their constituencies, geographical distribution, motivation, goals, systems, activities, funding, and capacity. The report adopts a more scholarly analysis of the various CSOs identified in Uganda during the research in anattempt to categorize them. This is generally consistent with what was also developed earlier on by Susan Dicklitch analysis."o79 78 Data from the questionnaire issued on 14 July 79 The Elusive Promise of NGOs in Africa- Lessons from Uganda", Susan Dicklitch Macmillan Press, 1998 51 4.4.1. Profession-related and Membership-based Organizations These mainly include professional bodies like the Uganda Law Society, the Uganda Christian Lawyers Fraternity, the Journalists Union, the Federation of Uganda Women Lawyers (FIDA), and the Uganda Paralegals Society. Most of these organizations not only focus on issues that directly affect their The Elusive Promise of NGOs in Africa -Lessons from Uganda", Susan Dicklitch Macmillan Press, 1998 membership but also engage in broad issues of democratization and governance. They apply pressure on government or individuals with regard to human rights and governance. Some of them greatly complement the work of government by filling several service gaps in the interest of indigent persons. They also give professional analyses and positively critique the excesses of the State. Profession-related organizations are among organized bodies in the country partly because they represent the educated and professional elite (Barya and Bazaara, 1999).80 However, it was noted that they also face numerous challenges as mentioned by a Legal Officer at Justice Centres in Kampala: Clients have high expectations and this poses problem since the mandate of most organizations is restricted to legal issues of a specific type yet still many clients also expect subsidiary support towards their subsistence'Bl 4.4.2. Community Support and Development Organizations: These have mostly focused on the fields of health, education, legal expertise, social welfare or to boost income generation and poverty alleviation .. Some of the most significant NGOs in socio-economic development include World Vision, Plan International, CARE, Oxfam, and ACCORD. Several of these are intermediaries in assisting the poor rather than as popular bodies representing the aspirations of so" Barya Jean John and Nyangabyaki Bazaara. February 1999 "An Approximate Map of Civil Society Organization in Uganda" Centre for Basic Research, Kampala, Uganda 81 Face to face interview conducted on 12t5 July, 2011 52 marginalized social groups. Others offering legal assistance to indigents include the Foundation for Human Rights Initiative, the Public Barya Jean John and Nyangabyaki Bazaara. February 1999 "An Approximate Map of Civil Society Organization in Uganda" Centre for Basic Research, Kampala, Uganda Association of Uganda, the Refugee Law Project, the Platform for the Action, the Justice and Rights Associates, the LOC Legal Aid Clinic, the and Equity Movement of Uganda, the Defence for Children International, Avocans Sans Frontiers, Legal Aid Project of the Uganda Law Society, and lr)[FUMI Human Rights Defender Network. These organizations are perceived to have several advantages over government in terms of efficiency when providing service to communities as also reiterated by many scholars. ...... they are more likely to have detailed knowledge about their communities and in many instances a capacity both to represent and to empower poorer groups in society, the groups most likely to be affected by development activities. 82 4.4.3. Community-Based Organizations (CBOs) These are mainly composed of developmental organizations strongly founded on the good-will of communities in both urban and rural areas. They are scattered all over the country and usually deal with local village or sub-county populations. Most common among this category are village co-operatives, savings and credit groups, as well as work related associations. The majority are concerned with the economic and social welfare of their members the needs of the people that are far from the reach of the Civil Society, Democratization and Foreign Donors in re Review, Centre for Basic Research Publications, State mechanisms. An Executive of Kampala District Mediator Association commented: 82 Oloka-On ango Joe. May 2000 Civil Society, Democratization and Foreign Donors in Uganda: A Conceptual and Literature Review, Centre for Basic Research iblicatiOnS, Kampala, Uganda. 53 'We largely have groups that focus on income generating small-scale activities mainly through micro finance projects; relief and social welfare issues aimed at poverty alleviation. These rarely engage the state to respond to community needs. But most importantly they do not have the capacity to make the state accountable for wrong action. So, Our common agenda is limited to issues of democratization and governance at local levels." There are little effective horizontal contacts and networking identified between CBOs although many of them in the country are members of the Development Network of Indigenous Voluntary Associations and the Uganda National Farmers' Association. But there are also some paralegals and volunteers who have tried to initiate women groups focusing on issues of domestic violence and child rights to fight the increasing sexual and gender based violence in their local communities. 4.4.4 Advocacy and Human Rights Groups Most of the CSOs in the country work in the field of legal awareness and advocacy for human rights. They focus on issues of civil and political rights as well as economic, social and cultural rights. However, there seems to be an uncoordinated advocacy effort for those who share similar objectives and roles. There is little combined effort among these organizations. Some of the most prominent human rights groups in this area are the National Association of Trade Unions (NOTU), the Anti-Corruption Coalition of Uganda (ACCU), the Coalition for Political Accountability to Women, and the Human Rights Network (HURINET)83 83 Mapping Report: Legal Aid Service Provision in Uganda. April 2009 at page 38- 9 54 4.4.5 Faith-based and Cultural Organizations There are several cultural and religious organizations m Uganda that mainly advance political positions as well as the general social and economic issues That affects their constituents. Some religious associations try combining spiritual aspect such as preaching in Luzira Prison and socio-economic or even political aspects to their work. Faith based CSOs have a strong role in the provision of social services particularly in social services and community development. They are quite outstanding in influencing policy positions over a wide range of issues especially the April institution of the family on matters of reproductive health (the debate over abortion and the use of contraceptives) and polygamy. Caritas Uganda promotes a range of initiatives including democracy building, gender equality as well as HIV and AIDS eradication. One such programme has been Household Support to Eradicate Absolute Poverty (HOSEAP) and Good Governance in the Catholic dioceses in Uganda. According to the Uganda Catholic Secretariat:"84 CARITAS is also involved in awareness-raising in areas such as human rights, HflT and AIDS and good governance with a view towards greater self-sufficiency. Other work includes setting up a Research and Advocacy Unit that provides people in the Catholic Church with information about poverty and justice issues, thereby empowering them to advocate change. On the cultural scene, the Kingdom of Buganda, has tried to engage the State to advance their interests especially on amendments in the land act and need for a federal system of governance. This is also emphasized in the proposals for constitutional changes submitted to the Uganda Constitutional Review Commission in 2003. According to this proposal to the commission, the Kingdom 84 http: 1jwww.c aritas.or jworldmapj africajuanda .htmL as of 20th July, 2011 55 of Buganda aid its people demand for a number of issues from government, including: as The Federal System of Government and the process of Decentralization; Kampala District as part of Buganda; Restitution of the 9000 square miles that were illegally taken away from the Kingdom; the Land Tenure System and the excesses of the Land Act 1998; as well as Immunities and privileges of Traditional Leaders. A number of cultural institutions have established kingdoms, such as: Acholi, Ankole, Buganda, Bugisu, Busoga, Bunyoro, Lango, Teso, and Tooro. They administer using government structures similar to those of the Central Government. These governments mobilize their population for social and Cultural causes. However their programmes are limited since traditional leaders are barred from engaging in active politics and have no access to public funds for financing their activities. However, the traditional institutions continue to engage the Government on issues such as land reform and better governance. 4.4.6. District Networks and NGO Forums NGOs have attempted to develop linkages and networks to improve their capacities and to enhance their influence on the state. The potential of these networks is at times underutilized. In most regions of the country, the mapping exercise revealed that there was little evidence of actual coordination among service providers. Many of the organizations prefer to keep their issues to themselves instead of broadening their impact through working together. It is believed by many project directors that the umbrella kind of networking may sometimes lead to loosing external funding for the single organizations together with their identity. 85 Buganda Proposals 2003, http: I jwww.federo.co as of 20" July, 2011. 56 4.4. 7. The Media Community and Practitioners Media practitioners in Uganda developed a code of ethics and also created a non statutory media Council. The Media Council is charged with the regulation of the Mass Media in Uganda as a Statutory Body established by the Press and Journalist Act of 1994. It is to ensure freedom of the media and establish a system for the regulation of the qualifications of editors and journalists, the ethical and professional standards of the Mass Media, and to arbitrate disputes within or related to the Media industry. The media is composed of individuals and groups with social and political inclinations that represent varying interests and agendas. This gives rise to media actors with similar objectives to those of Civil Society and others with political intentions. There are many privately owned newspapers and FM stations that have been established in Uganda to fill the information vacuum created during the past decades. The government has also come up with the Uganda Media Centre to have a centralized location where all official government correspondence and information can be easily accessed. Further still, the Centre assists the Uganda Media Council in accrediting foreign journalists in Uganda. The Uganda Media Council still remains the regulatory body that deals with conduct, standards and discipline of joumalists. It arbitrates between the public and media and the state. The Media Council exercises disciplinary control and acts as a censorship body. But .the media still faces major challenges as argued by some scholars:86 Challenges to the media seem to arise from inadequacies in the Press and Journalist Act as it needs more clarity in the definition of key terms and in the execution of its functions. The Professional Code of Ethics needs improvement. There is failure of NIJU to cooperate and to improve the professional standards of the media in Uganda. Many media personnel doubt the independence of the 86 John Mary Waliggo(Rev Prof) A paper on the functions of the media Council in the promotion and Protection of professional, independent and pluralistic media in Uganda 57 Media Council from. Government while many people confuse the Media Council with the Media Centre. Moreover, others have indicated that the Statute also raises serious issues of control:87 First, it has made it difficult for anyone wishing to practice journalism to join the profession without having a university degree. Secondly, a journalist cannot practice without a valid certificate and his/her name recorded in the Register kept by the Media Council. This gives the government room to deal with those journalists who step out of line on the basis of the laws of defamation and sedition. Despite the continued efforts by the government to regulate and control of the media in Uganda, Susan Dicklitch argues: "Ugandan media continues to be one of the strongest advocates for regime accountability and openness in Uganda. It has continued to print articles on corrupt government officials, on the continued instability in the North and North-east, and on human rights abuses by the regime" 4.5. Legal aid services provided by the CSOs The CSOs in the various regions of the country have tried to improve on the legal service delivery for indigent persons. However, other support services are also needed alongside. 4.5.1. Legal Support Services Most organizations were found to involve in Research and Advocacy, Alternative Dispute Resolution, Legal Counseling, Legal Advice, Legal Representation, Strategic Litigation, as well as Rights Awareness. 87Bazaara Nyangabyaki April 2000 contemporary Civil Society and the Democratization Process in Uganda: A preliminary Exploration. Working Paper 54, Centre for Basic Research Publications, Kampala, Uganda. 58 4.5.2. Other Support Services These mainly include Food Security and Nutrition, Socioeconomic Security, Medical Care and Support, Education Support, and some Psychosocial Support. The research indicated that CSOs offering different services for orphans and vulnerable children in the Luzira attract the biggest fraction of providers, in general. They mainly address issues such as socioeconomic development, healthcare improvement, as well as education support. But more interventions are greatly needed in the areas of child protection, psychosocial and legal support to indigents. 4.6. Working Relationships a11:1ong Service Providers A number of government service providers were found to have strong working relations amongst themselves. The DPP was working closely with Police and the Courts but little coordination seemed to exist with the Probation and Social Welfare Office in many divisions in Kampala or in other neighbor ring district such as Wakiso Mpigi etc. In most cases it is the Child and Family Protection Unit that was identified to create better working relationship with the PSWO. due to the type of cases both handled. Most non-government service providers were working in an uncoordinated way due to their institutional mandates. But some working relationships existed with the government service providers in case referrals and need to follow up on cases in the formal justice system. There is heed to improve on working relationships among service providers in the justice system as pointed out by a programme officer working with NPCA{N in Mulago, Kampala: The training of stakeholders in the criminal justice system is critical to having a successfi41 prosecution of cases. Every one is currently focusing on their own set of duties which are at times uncoordinated with those of other organs in the same line of work." 59 4. 7 Geographical Coverage of Identified Service Providers The shores and islands of Lake Victoria together with the Karamoja region are separately in need of .legal aid services and may require region specific in terventions. A lot more is also required in terms of improving referrals, networking, and collective advocacy. 4.7 .8 Analyses of Findings 4.8.1 Catalogue of identified service providers The findings of the research indicate that there is a lot of legal assistance given directly or indirectly to the inmates in Luzira by government or state entities, pecially in areas of criminal, where non-state service providers are not well established or accessible. Tables 4.8.2 Government Service Providersss Institution Office/ Department Services Uganda police force Child &family protection unit Provide protection legal advice and counseling Ministry Of Gender Labour, Employment and Industrial Protect the rights of Labor And Social Relations; youth, and Development children. Youth and Children Affairs Uganda Human Rights Complaints, Investigation and Legal Protect human 88 Legal Aid Service Providers, Network, Mapping Report: legal Aid Service Provision in Uganda, April, 2009 page 60 Commission Services rights and dignity. The Judiciary Family and Children's Court Handle and settle disputes. Justice Centers Local Council Court Office of the President Resident District Commissioner Provide legal assistance and mediation. Ministry of Justice and Administrator General Give legal advice constitutional Affairs and arbitration. Directorate of Public State Attorney Guide and advise Prosecutions the police State Prosecutor investigations. Ministry of Local Chief Administration Office, Provide legal advice Government and mediation. District Chairperson, County/Parish Chief 4.8.3. Non-Government Service providers Many pro bono service providers out side the state justice systems provide knowledge of the law and ensure of mechanisms for improving access to fair dispute resolution empower the poor and socially marginalized such as the inmates in Luzira Prison These are located in various geographical areas throughout the country and they focus on varied thematic issues. Some of their location and contact details are as listed below:89 89 ibid pages 86-86 61 organization Addresses Contact Acid Survivors Plot 1, Hancock Road, P.O. Box 2159, Kampala. Ntinda. www. +256414 542037 Foundation - Uganda acidsurvivorsug. org [email protected] (ASFU) African Network for Plot 1, Kira Road, P.O. Box 26640, Kampala Mulago. Prevention and +256 414 254550 www.anppcanug.org Protection against Child anppcan@anppcanug. org Abuse and Neglect (ANPPCAN) Alliance for Integrated Plot 104, Kawempe P. 0 . Box 4312, Kampala. Development & Lugoba, Bombo Road. +256 414 374135 Empowerment (AIDE) aldeugandaxgmail. corn Anti Corruption Plot 243, Tufnell Drive, P.O. Box 34238, Coalition Uganda (ACCKJ) Mulago. www.accu.or.ug Kampala. +256 0414 Advocats Sans Frontiers Plot 49, Kanjokya Street, P.O. Box 36710, Kamwokya. www.asf.be (ASF) Kampala. +256 414 265842 ug-homasf.be Location of Women Plot 11, Kanjokya Street, P.O. Box 2157, Kampala. Lawyers in Uganda Bukoto. +256 414 530848 (FIDA) www.fidauganda.org fida@fidauganda. org 62 4.9 Types of Cases most commonly handled A number of cases were reported but there was a trend of increasing land and property wrangles. Rape and defilement were paramount in Luzira and almost across the country. Issues of domestic violence were also cited as being largely entwined with matters relating to property wrangles and custody problems. '2' 4.9.1. Conmercially Driven disputes Poverty is a general problem in the communities and commercial activity is D reported to have increasingly become very low over the past few years. This is considered to largely contribute to the proliferation of cases such as obtaining money by false pretence, breach of contract and theft of all kinds. In some extreme cases the victims have been brutally murdered or assaulted causing grievous bodily harm and at times involving malicious damage to property. '90 4.9.2. Land and Property wrangles Most cases of robbery or burglary in communities have involved killing of suspects through mob justice. But more controversy arises where land is involved. This reduces the level of activity on the disputed land and increases misunderstandings among the conflicting parties. The disputes are normally . trespass, boundaries, and owners death of the proprietor. In some extreme cases, murder is also invoked' 4.9.3. Child Rights Violation The existing children abuses in communities normally go unabated. Although a 'umber of people in remote communities may be regarded as poor, some are not do not provide for the needs of their children even when they may be capable of doing so. Several people in different communities reported increasing instances of 90 Ibid page 49 63 child neglect, desertion, abuse and forced labour. unfortunately, the people rarely report such cases in their communities which have children in poor conditions. '91 4.9~5. Juvenile Offences The young people living-under poor conditions in their homes are prone to bad influence from their peers. They will only find consolation in identifying with, and confiding in, their folks on the streets other than parents or communities. 'his leads many of them into drug abuse, school dropout, early sexual behaviors and abandonment of their homes .92 1.9.6 Domestic Violence 'The poor relations and conditions among family members normally create an instable environment in homes eventually causing domestic violence. This often leads to separation or divorce thereby leaving children under the care of single parents. In a number of cases, some of these children end up in early marriages due to lack of supervision and the vulnerability of such children is thereby largely increased. '93 4.9.7 Rape and Defilement Most respondents reported these cases to be a rampant occurrence in communities. Sexual harassment and indecent assault are also frequent but rarely reported despite causing emotional and psychological harm to victims. They are very common in war torn areas where children move from IDP camps in search for food. The law enforcement bodies were also seldom reported to fail in exercising due diligence while investigating sexual violations. '94 91 ibid 92 ibid 93 ibid 94 ibid 64 4.10. Lessons learned from the study The research assessed the capacity of the different sectors at districts in providing legal aid services , There was a lot of focus among the districts to engage in programs that plan for the Orphans and Vulnerable persons. However, little attention was given to provision of legal assistance as a vital community support mechanism in complimenting social economic initiatives. 4.10.1. Lesson 1. The use of community-based and user-focused legal aid mechanisms such as the Child and Family Protection Unit of the Uganda Police Force is a fundamental part of improving service coverage as well as ensuring future sustainbilitv. Other actors in the state judicial system can adopt a similar model to improve on their community focused services. 4.10.2. Lesson 2 The pilot projects for legal assistance clinics, e.g. FIDA, boosted the development of linkages with local players stakeholders. But they need to have fl exit strategy that leaves community based organizations with similar 4.10.13. Lesson 3 The development and use of case filing/management systems to follow up as veil as catalogue criminal offences as done by the Police, and LAP in Luzira, roes offer a good reference for strategic interventions. It helps to closely Monitor, analyze and address the existing or emerging challenges of case management in communities. 65 CHAPTER FIVE RECOMMENDATIONS AND CONCLUSIONS. 1. Recommendations 1. At the national policy level, there is need probably through the Legal Aid Policy to recognize legal aid service provision as a career option for lawyers to specifically take up and develop; while at institutional level, there is need to consider the tart option of bringing the service terms up to speed with those in the rest of the sector. This will improve on commitment and create competition for excellent services. 2. Community Para legalism should be emphasized as another alternative to primary legal services, since such paralegals are drawn from opinion leaders and key persons in society who can inform, influence and monitor positive change within their localities. 3. A new approach in the provision of legal aid is now required which calls for a more diverse spectrum of human and technical resources in order to deliver a complete legal aid package that is alive to the socio-psycho legal needs of the clientele to serve. To this end, it is important now to attract more financial commitments to enable bring social workers on board into the mainstream Legal Aid efforts. 66 4. In order to maintain, sustain and improve on the current programmes in the existing clinics and. later alone boost the capacity of the Project to open-up new ones and be able to take on new areas of operation presently in need. - all this will in the main, require further funding in both Recurrent and Capital development over and above what is currently being received from NORAD through NBA if LAP among other legal aid service providers is to continue operating as an effective and efferent legal aid service provider of choice. 5. The government should allocate a special budget for pro bono service provision 5.2 Conclusion Uganda does not have a legal aid policy to guide Legal aid service provision. However, there are a number of laws that provide for Legal aid in certain cases although implementation of these laws has also been greatly affected by lack of adequate funding from the government. Despite being a human right and a state obligation, legal aid service provision in Uganda has therefore been dominated by non- state actors with very little participation by the government which is the key duty bearer. Consequently, the quality of legal aid services provided has been poor and many people including but not limited to inmates in Luzira Prison have not been able to access justice. Although the legal Aid laws and Regulations exist on paper to butters Article 28(3) of the Constitution, they have not been effectively implemented leaving a huge gap between the law and practice. 67 BIBLIOGRAPHY A. Books and Articles 1. The Uganda Law Society pro bono hand book, a legal practitioner's guide, 2010. 2. Mrs. Hellen Obura, Secretary Uganda Law Council (as she then was),Legal and Policy Framework for Legal aid service provision in Uganda, a paper presented to the Justice Centres project orientation training workshop held at Essella Country Hotel, Kiira Narnugongo from 2nd 7th August, 2010. 3. Amartya Sen 1981. Poverty and Famines Oxford Press 4. Gaventa John 1980 Power and Powerlessness: Quiescence and Rebellion in Appalachian Valley. University of Press. 5. Max Weber [1922) (1968). Economy and Society 2 Vols. Eds. Guenhter Roth and Claus Wittich ( Bekelely: University of California Press) B. Reports/Polices/Laws 6. Center for Basic Research. African Governance Report 2002, "Country Report: Uganda 2002" Kampala. 7. Commission for Africa Report 2005 68 8. Danida: The Legal Aid Strategy 2006. This outlines the areas of legal aid support. 9. Human Rights Watch 1999. Hostile to Democracy. The Movement System and Political Repression in Uganda". 1999, New York 10. International Human Rights Network and Nordic Consulting Group December 2004. Justice, Law and Order Sector Strategic Investment Plan: Mid Term Evaluation 2001/2- 2005/6. Volumes I and II. 11. Justice, Law and Order Sector March 2002- "A Desk Review of Gender and Access to Justice in Uganda". Kampala. 12. Justice, Law and Order Sector November. Semi Annual Progress Reports June to November 2005 13. Justice, Law and Order Sector- Strategic Investment Plan (SIP II) . Outlines the policy focus areas for JLOS and the key result areas. 14. Kaufmann, D. & Kraay, A. & Zoido-Lobaton, P., 1999. Aggregating Governance Indicators,' Paper 2195, World Bank - Country Economics Department. 15. Ministry of Finance of Finance, Planning and Economic Development. December 2004. The Poverty Eradication Action Plan PEAP) 2004-2008. The PEAP is the main development framework in Uganda. It provides an overarching framework to guide public action to eradicate poverty. 69 BIBLIOGRAPHY A. Books and Articles 1. The Uganda Law Society pro bono hand book, a legal practitioner's guide, 2010. 2. Mrs. Hellen Obura, Secretary Uganda Law Council (as she then was),Legal and Policy Framework for Legal aid service provision in Uganda, a paper presented to the Justice Centers project orientation training workshop held at Essella Country Hotel, Kiira Narnugongo from 2nd 7th August, 2010. 3. Amartya Sen 1981. Poverty and Famines Oxford Press 4. Gaventa John 1980 Power and Powerlessness: Quiescence and Rebellion in Appalachian Valley. University of Illinois Press. 5 . Max Weber [1922, (1968). Economy and Society 2 Vols. Eds. Guenhter Roth and Claus Wittich (Bekelely: University of California Press) B. Reports I PolicesI Laws 6. Center for Basic Research. African Governance Report 2002, "Country Report: Uganda 2002" Kampala. 7 . Commission for Africa Report 2005 8. Danida: The Legal Aid Strategy 2006. This outlines the areas of legal aid support. 9. Human Rights Watch 1999. "Hostile to Democracy. The Movement System and Political Repression in Uganda". 1999, New York 10. International Human Rights Network and Nordic Consulting Group December 2004, Justice, Law and Order Sector Strategic Investment Plan: Mid Term Evaluation 200 112 200516. Volumes I and II. 70 11. Justice, Law and Order Sector March 2002- "A Desk Review of Gender and Access to Justice in Uganda". Kampala. 12. Justice, Law and Order Sector November. Semi Annual Progress Reports June to November 2005 13. Justice, Law and Order Sector- Strategic Investment Plan (SIP II). Outlines the policy focus areas for JLOS and the key result areas. 14. Kaufmann, D. & Kraay, A. & Zoido-Lobaton, P., 1999. 'Aggregating Governance Indicators,' Paper 2195, World Bank - Country Economics Department. 15. Ministry of Finance of Finance, Planning and Economic Development. December 2004. The Poverty Eradication Action Plan PEAP) 2004-2008. The PEAP is the main development framework in Uganda. It provides an overarching framework to guide public action to eradicate poverty. 16. Ministry of Finance of Finance, Planning and Economic Development. December 2004. The Poverty Eradication Action Plan PEAP) 2004-2008 17. Ministry of Finance, Planning and Economic Development 2002. Uganda National House hold Census 2002 18. Ministry of Finance, Planning and Economic Development June 2006. Medium Term Expenditure Framework. This reflects the budget projections and ceilings for all sectors and government institutions for a financial year. 19. Ministry of Local Government 2005. Mid Term Evaluation of the Local Government Development Program (LGDP II) June 2005. 20. Ministry of Public Service, 2002.Public Service Pay Reform Strategy, Kampala 21. Ministry of Public Service, 2005 Revised Public Service Pay Reform Strategy, Kampala 22. Pearl of Blood. 1994 Summary of the report of the Uganda Commission of Inquiry into the Violation of Human Rights" 71 23. Save the Children UK 2003. Towards a Strengthened Juvenile Justice and the Family and Children's Courts in Uganda, Kampala. 24. The Constitution of the Republic of Uganda as amended by 15th February 2006. B. CASES25. Uganda vs. Col ( Rtd) Dr Kiiza Besigye and 22 others. Court Case No 955/2004 D. KEY WEBSITES 26 .. EaAfrcmur-irv ht:p: wwweac.intj Electoral Http: 'vww.ec.or.ug 27 Foundation for Human Rights Initiative http:/ jwww.fhri.or.ug/ 28. Human Rights Watch http:/ jwww.hrw.org 29. Inspectorate of Government http: / jwww. igg. go. u g 30. Justice, Law and Order Sector http:/ jwww.jlos.ug,ug 31. Ministry of Defence http:/ jwww.defenceuganda.mil.ugjdefence 32. Ministry of Education http: I jwww.education.go,ugj 33. Ministry of Finance, Planning & Economic Development http;/ jwww.finance.go.ug 34. Ministry of Health http: I jwww.health.go.ug/. 35. Ministry of Local Government http: I I www.molg. go.ugj 36. Ministry of Public Service http:/ jwww.publicservice.go.ug/ 37. NEPAD http:/ jwww.nepad.org/ 38. Parliament of Uganda http: / jwww.pariiAment.go.ug 39. The Judiciary of Uganda http: I jwww.judicature. go.ugj 40. The Uganda Association of Women Lawyers http:/ jwww.fidauganda.or.ug/ 41. The Uganda Human Rights Commission http:/ jwww.uhrc.co.ug 42. Uganda Bureau of Statistics http;/ jwww.ubos.ug.co 43. Uganda Law Society http:/ jwww.uls.or.ug/ 44. Women of Uganda Network http: I I www.wougnet.orgjparliarnent.html 45. United Nations http: I jwww.un, org 46. African Union http: I I www. African Union. Org 72 47. Parliament of Uganda http:/ jwww.parliament. gong 48. The Judiciary of Uganda http:/ jwww.judicature. go.ugj 49. The Uganda Association of Women Lawyers http: j jwww.fidauganda,or.ugj 50. The Uganda Human Rights Commission http:/ jwww.uhrc.coug 51 Uganda Bureau of Statistics http;/ jwwwubos.ug.co 52.Uganda Law Society htp:j jwwwuls.or.ugj 53 Women of Uganda Network 54. United Nations http: I jwww.un.org 55. African Union http:/ jwww. African-Unionorg 56. Office of the Human Commissioner for Human Rights http: j jwww.ohchr. c 73 57 Ministry of Finance of Finance. Planning and Economic Development. December 2004. The Poverty Eradication Action Plan PEAP) 2004-2008 58. Ministry of Finance, Planning and Economic Development 2002. Uganda National House hold Census 2002 59. Ministry of Finance, Planning and Economic Development June 2006. Medium Term Expenditure Framework. This reflects the budget projections and ceilings for all sectors and government institutions for a financial year. 60.Ministry of Local Government 2005. Mid Term Evaluation of the Local Government Development Program (LGDP II) June 2005. 6l.Ministry of Public Service, 2002. Public Service Pay Reform Strategy, Kampala 62. Ministry of Public Service, 2005 Revised Public Service Pay Reform Strategy, Kampala 63. Pearl of Blood. 1994 Summary of the report of the Uganda Commission of Inquiry into the Violation of Human Rights" 64. Save the Children UK 2003. Towards a Strengthened Juvenile Justice and the Family and Children's Courts in Uganda, Kampala. 65.The Constitution of the Republic of Uganda as amended by 15th February 2006. 74