UGANDA’S JUSTICE LAW AND ORDER SECTOR - JLOS

Innovations Changing the Lives of Ordinary Ugandans H.E. the President of the Republic of , Yoweri Kaguta Museveni (third from the right) with JLOS stakeholders at the 3rd National Legal Aid Conference in August 2015. Contents Acronyms & Abbreviations

Acronyms & Abbreviations 5 ADR Alternative Dispute Resolution Foreword 7 ADC Austrian Development Cooperation A History of JLOS 8 CADER Centre for Arbitration and Dispute Resolution JLOS Achievements at a Glance 9 CBO Community Based Organizations CLOs Community Liaison Officers CSOs Civil Society Organisations 1. Human Rights for All 12 DCC District Chain-Linked Committees Victory over Human Rights Injustice 12 DGF Democratic Governance Facility Access to Justice as a Right for All 15 DPG Development Partners Group DPP Directorate of Public Prosecutions FCC Family and Children’s Court 2. Innovative Judicial Instruments 16 HIV/AIDS Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome Speedy Justice for the Average Ugandan 16 ICRC International Committee of the Red Cross Alternative Dispute Resolution for the Win 19 JC Justice Centers JLOS Justice Law and Order Sector 3. Uganda Prisons Services 20 JSC Judicial Service Commission Grooming Productive Citizens, One Prisoner at a Time 20 LDC Community Service for the Benefit of the MIA Ministry of Internal Affairs Whole Community 23 MoGLSD Ministry of Gender, Labour and Social Development MOJCA Ministry of Justice and Constitutional Affairs 4. Maintaining Law and Order 24 OC Officer-in-Charge One Woman Champions a Shared Solution OHCHR Office of the High Commissioner for Human Rights for the Whole Community 24 PEAP Poverty Eradication Action Plan Community Policing – Where Police and SARA Scan, Analysis, Respond, and Assess Communities Meet at a Round Table 29 SCP Small Claims Procedure SHS Uganda Shillings SIP Strategic Investment Plan 5. Justice for Children 30 TAT Tax Appeals Tribunal A Nurturing Environment for the Rehabilitation of Vulnerable Children 30 UCE Uganda Certificate of Education JLOS Innovations at the Forefront of Juvenile Justice 33 UHRC Uganda Human Rights Commission ULRC Uganda Law Reform Commission ULS Uganda Law Society UNICEF United Nations Children’s Fund UNFPA United Nations Population Fund UN Women United Nations Entity for Gender Equality and the Empowerment of Women UPF Uganda Police Force UPS Uganda Prisons Service URSB Uganda Registration Services Bureau USA United States of America WONETHA Women’s Organization Network for Human Rights Advocacy

Produced by LPLC Consult Uganda, Ltd. for JLOS - the Justice Law and Order Sector in Uganda Financed by the Austrian Development Cooperation (ADC) Design & Layout by: 87 Eighty Seven © 2015 - The Justice, Law and Order Sector (Government of the Republic of Uganda). All Rights Reserved. or 15 years, the and most vulnerable among the Foreword Justice Law and Ugandan population. Order Sector (JLOS) has spearheaded the It is my pleasure therefore promotion of the rule of law to introduce this publication and access to justice for all that highlights some JLOS Ugandans. JLOS has become innovations and interventions synonymous with cutting- that tell of the Sector’s impact edge reforms and innovations over the years. These stories in the justice system, these highlight our demonstrated which can be traced back to pledge to ensure justice for the highly acclaimed Chain- all and JLOS’s contribution to Linked Initiative first launched building a renewed trust in the in 1999. In doing so, the Sector institutions mandated with has driven improvements delivering justice in Uganda. in infrastructure, human Further to that, they provide development and institutional an insight into the ideal future capacity as well as introduced that we envisage for the Sector new ways of delivering justice and for the Ugandan society as and ensuring law and order. far as justice, law and order are concerned. The Sector has driven improvements in While the stories highlighted infrastructure, human development and reflect how far the Sector has institutional capacity as well as introduced come, we are cognizant of the challenge for continuous new ways of delivering justice and ensuring improvement and accept it law and order. with a renewed zeal. JLOS therefore remains dedicated From promoting Community to the creation of a society Policing, a joint effort approach that protects and promotes which allows the Uganda Police fundamental rights, one and the communities within that ensures the respect which they serve to work of law as well as one that together to maintain law and works to build the necessary order, to prioritizing children’s structures to nurture a vibrant cases in courts in an effort for and growing economy for improved juvenile justice, to Uganda. As we work more improving the environment closely with our partners in for doing business through Government, civil society, the commercial justice reforms, international community and the Sector has undoubtedly with Ugandans from all walks of impacted the lives of many life, we look forward to greater Ugandans. JLOS is committed achievements in the years to Bart M. Katureebe to concretizing these efforts come. CHIEF JUSTICE especially to serve the poorest 6 7 JLOS Development Partners A History of JLOS Over the years, JLOS has benefitted Launched in 1999, the Justice, Law and Order Sector (JLOS) from the generous support of a number initially brought together ten public institutions jointly focused on of Development Partners through a improving access to justice for all persons in Uganda. combination of sector budget and project support. To foster coordination among the Development Partners and to keep pace with JLOS developments, they his was to be done by the second Strategic Investment meet once every month under the JLOS through coordinated and Plan (SIP II 2006/07 – 2012/13) and the Development Partners Group (JLOS evidence based sector- Sector’s third Strategic Investment Plan DPG) which comprises Austria, Denmark, wide policy formulation, (SIP III 2012/13 - 2016/17) is currently DGF, Ireland, the Netherlands, Sweden, Institutions planning and resource running. SIP III is focused on the the European Union, the United Kingdom have over the application. Hinged on the national promotion of the rule of law by increasing OHCHR, UNICEF, UNFPA, UN Women, years worked Tgoal of poverty eradication and private public confidence and trust in the justice ICRC and USA. together to sector development under the Poverty system as well as user satisfaction with implement a Eradication Action Plan (PEAP), the the services offered by the sector. The JLOS DPG frequently meets with sector-wide Sector identified two corresponding the JLOS Secretariat and with individual approach to priority areas for reform - criminal JLOS Institutions institutions and together they conduct administering and commercial justice. Within these joint reviews and monitoring visits. justice, broad areas, JLOS sought to make • Ministry of Justice and Constitutional maintaining law and order improvements in law reform, access Affairs This JLOS DPG maintains linkages and promoting to justice, system efficiency and • Centre for Arbitration and Dispute with the broader development human rights. effectiveness, and in the quality of justice Resolution partners’ community through the local delivery. • Directorate of Citizenship and Development Partners Group. Immigration Control In doing this, these initial ten institutions • Directorate of Public Prosecutions have over the years been joined by • Judicial Service Commission seven more who now work together to • Judiciary implement a sector-wide approach to • Law Development Centre administering justice, maintaining law • Ministry of Gender, Labor and Social and order and promoting human rights. Development In engaging a sector wide approach • Ministry of Internal Affairs to planning, budgeting, programme • Ministry of Local Government implementation, monitoring and • Tax Appeals Tribunal evaluation, these institutions have • Uganda Human Rights Commission been equipped to adopt an all-inclusive • Uganda Law Society approach to improving access to and • Uganda Law Reform Commission administration of justice. • Uganda Police Force • Uganda Prisons Service In its implementation, JLOS started off • Uganda Registration Services Bureau with a Strategic Investment Plan (SIP 2001 – 2005/06). This was then followed

8 9 JLOS Achievements at a Glance

National Coverage of access to JLOS services, the JLOS Services number of districts with a Responding to the need to functional chain of frontline deepen sector functional JLOS service points now stands presence and ensure that at 84, representing a 75% vulnerable people have easier district coverage.

Judicial System Access to Justice Prison Services By June 2014, the sector had Uganda Prisons Service (UPS) By 2014, an impressive 62.7% registered a 90% disposal rate under JLOS has registered elimination of the infamous of registered cases and 41.4% of improvements in access to night bucket system (prisoners the total number of cases in the justice for prisoners with 100% excrete in a bucket that they system. of them attending court as empty in turns) had been scheduled. registered. In 2015, 28 prisons still used the night bucket system, which is nevertheless a significant improvement from 2006 when 150 prisons used the system. Following concerted efforts at prison rehabilitation, Law and Order Human Rights Uganda has registered reduced Owing to strengthened Due to combined efforts by rates of re-offending that now measures to prevent crime, JLOS institutions, a marked stand at 23% and ‘escapes’ at greater reliability and efficiency increase has been registered less than eight prisoners for of policing services, the in the observance of human every 1,000 held. 2014 International Global rights within Uganda’s core Competitiveness Report ranked public service institutions. For the Uganda Police 95th in the example, by 2014, 30.7% of all world and 20th in in terms police regions had functional of reliability. human rights desks and 84.7% of prison units had human rights committees.

10 11 Innovations Changing the Lives Human Rights for All of Ordinary Ugandans

VICTORY OVER HUMAN RIGHTS INJUSTICE 21st April 2011 started out as any other normal day for Emmanuel Ssebunya. The 25-year old mechanic left his home in Nyendo, Masaka District, early in the morning and set off for Mujuzi’s Garage where he has worked for the last seven years. Unknown to him, demonstrations coined ‘walk to work’, which protested the increasing costs of living, were staged in some parts of the country, including in Masaka District. As is often the case in Uganda, security forces intervened to try to quell these demonstrations.

n that fateful day, the protesters marched by his workplace and Emmanuel became the victim of stray shrapnel that hit his leg. Bleeding profusely, his workmates supported him out of the garage to find medical assistance but were stopped by security forces who accused him of participating in the demonstrations. His workmates tried to argue his innocence but to no avail and within what he says felt like a split second, he was put on a security carO and carried off with other suspects.

The tear gas that had been sprayed to quell the protests entered his eyes, his pleas for mercy fell on deaf ears and he was bundled up with a group of other detainees from the demonstrations. He was held for three days without charge at Masaka Police Station, only receiving painkillers and a band-aid for his injuries, resulting in the wound becoming septic. In addition to the physical pain, he felt greatly aggrieved for the wrongful arrest. On 24th April 2011 he was released on bond of 1,000 shs and told to report to the police station every two weeks, something he did diligently despite his innocence.

On leaving jail, he immediately went to a medical clinic in the neighborhood where he got some medical care before being referred to Masaka Hospital for further treatment. “Even after recovery, l still felt greatly wronged and wanted some justice for the ordeal I had suffered,” Emmanuel recounts. He then visited the regional office of the Uganda Human Rights Commission (UHRC) in Masaka and was assigned an officer to whom he narrated his ordeal. “It was encouraging talking to the UHRC officer because she listened to me and I was happy when she said they would help me get justice for what I had suffered,” he says. At UHRC, he presented supporting documents for his case, including a medical form from Masaka Hospital and the police bond letter showing his release. Using this information, UHRC was able to represent him to pursue a legal case against the Attorney General, citing the violation of his ‘right to protection from torture or cruel inhuman or degrading treatment or punishment and the right of personal liberty.’

12 13 Innovations Changing the Lives Human Rights for All of Ordinary Ugandans

UHRC was established under Cases such as Despite a protracted pursuit for the 1995 Constitution of the Emmanuel’s are quite justice, Emmanuel eventually Access to Justice - Republic of Uganda to promote emerged victorious and on and protect human rights and common and we take 14th June 2013, the Attorney A Right for All General was ordered to pay freedoms in the country in the time to verify and Jointly, JLOS institutions work to ensure that prisons are places where human rights, recognition of Uganda’s violent him the sum of 4,000,000 shs then pursue them. It including access to justice, are observed. It is for example ensured that prisoners and turbulent history. The is important therefore as general damages for the organisation has since used its violation of his right to liberty. attend court sessions and are represented accordingly. mandate to address societal that even amongst This sum was finally paid in injustices and any other arising March 2015. He has since used JLOS institutions, risoners are challenges to a fair and just the money to complete the internal accountability frequently visited by Plea Bargaining society. UHRC has been a part construction of a 7-roomed is promoted and their lawyers, some of the JLOS institutions since rental building, bringing him a of whom are from Aimed at decongesting prisons judge or magistrate for a final 2006 and remains focused institutions can be monthly income and enabling JLOS institutions like the Law and relieving the justice system decision. This allows for a more on fulfilling its objectives him to improve his living in general, Plea Bargaining is an agreeable sentence for the prompted to respect Development Center (LDC), to protect and promote human rights. conditions. P innovation from the judiciary prisoner. which provides free legal aid fundamental human rights and that allows remanded prisoners services, others are from legal to enter a guilty plea in return In its implementation, members freedoms for the sustainable “I was very happy when I Patricia Nduru, aid service providers. According for a faster resolution of their of a Plea Bargaining Secretariat, development of Uganda. It is received the settlement and cases. Because of the heavy case which may comprise members Director, Monitoring and to Atwiine Amon, the Deputy against this background that while it does not make up for backlog in the judicial system, of different JLOS institutions, Inspections, UHRC. Officer–in–Charge at Masindi UHRC supported Emmanuel in my suffering, it eases my pain to with the minimum period visits a prison or remand home Prison, the lawyers also raise between commitment of cases to sensitize the prisoners on his pursuit for justice. know that justice was served,” awareness on Plea Bargaining and trial being approximately Plea Bargaining after which they Emmanuel concludes. two years, Plea Bargaining register interested individuals and other JLOS initiatives. presents an opportunity to and forward their cases to the fast track that process. It also courts once the lawyers on both In further efforts by JLOS to allows for cutting costs by sides have agreed on a plea and facilitate access to justice, more removing the investigations that proposed sentence. When the would otherwise be required, a judiciary receives such cases, courts have been established much welcomed saving for the they are prioritized since their and a good number of those financially constrained justice resolution requires less time and closer to the prisons to ease system. financial resources. prisoners’ access. In addition, For the prison system, Plea Plea Bargaining has in the transport has been facilitated Bargaining means that suspects past few years contributed through the purchase of prison who enter guilty pleas can have significantly to decongesting buses that ferry them to and their cases heard sooner and prisons. In JLOS District Chain- from court. begin serving their sentences Linked Committee (DCC) and in turn contribute to meetings and engagements, decongesting the prison on members frequently discuss completion. It also allows ways of better ensuring that for negotiation between the Plea Bargaining and other legal prisoner, represented by a aid services are reached to those lawyer, and the State Attorney, who need them the most all over on an appropriate sentence. Uganda. This is then put to the presiding

14 15 Innovations Changing the Lives Innovative Judicial Instruments of Ordinary Ugandans

registry system is now set up so that the cases are immediately referred to the SCP registry on first encounter. Ssali Faisal, the SCP registrar at Mengo Court, explained that while there were cases like Richard’s where the plaintiffs have some information on SCP, most of them are forwarded to the SCP registry from the main registry.

At Mengo Court, Richard’s complaint was heard and he was duly given a ‘notice of demand’ which serves to notify the other party of the claim and also allows renegotiation of payment terms or an extended grace period. Abby was not responsive and so Richard went back to the court to register the claim after which Abby was summoned to appear in court on 28th May 2015. Unfortunately, Despite his misfortune at the and was aware of the mode Abby did neither show up on loss of his source of income, the of resolution when he visited this nor on the adjourned court SPEEDY JUSTICE FOR THE father of two was consoled that Mengo Court in date two weeks later. According he would be duly compensated. District to register the case. An to rule 17 of SCP, the court can AVERAGE UGANDAN He was however utterly innovation from the judiciary, enter a default judgment once disappointed when by 30th April Small Claims Procedure is a a party is duly served but yet On the morning of 27th March 2015, Richard Katumba, 30, was crestfallen on no money had been paid. Abby mode of litigation, which allows fails to appear in court. On these discovering that his boda boda motorbike had been stolen from Abby Mutebi’s claimed that he did not have for financial claims of up to grounds, the court ruled in the night parking garage in Bulenga, Mityana. Richard had for the past six months the money to refund him as he 10,000,000 shs to be pursued in favor of the plaintiff and issued been paying a nightly parking fee of 1,000 shs to Abbey for the security of his had not managed to recover the court. Because of the relatively an arrest warrant to implement motorbike in his garage. money from the suspected thief. small amounts involved and the judgment. This, Richard said, was not a the fact that it does not require condition for his compensation representation by a lawyer for On his side, Abby had with the and against this background he either party, SCP appeals to help of the police pursued his decided to take the matter to a wider audience and to the former security guard who had bby, the owner of the parking garage, reported the theft at Bulenga Police station court to seek legal redress. average Ugandan. There are brought him compensation where he registered a case against the night watchman, who had since the theft special registries at the courts of 1,500,000 shs. The money suspiciously vanished from duty. On 30th March, Richard met with Abby and in He revealed that he had been that specialize in handling was not sufficient to cover the presence of witnesses signed an agreement in which Abby agreed to pay him fortunate to hear about Small SCP cases. In circumstances all the items stolen, least of 3,100,000 shs as compensation for his loss within the following 30 days. Claims Procedure (SCP) on a where people are not aware all Richard’s motorbike, and A community radio programme of the SCP option, the court so Abby on these grounds 16 17 Innovations Changing the Lives Innovative Judicial Instruments of Ordinary Ugandans

rejected it and decided to open and Commissioners (both of a Small Claims suit against the Fast Uptake of SCP by the Judiciary Alternative Dispute the Uganda Human Rights suspected thief. In enforcing Commission as well as of the the ruling, Abby was forced Resolution for the Win Judicial Service Commission) to promptly pay Richard the The incorporation of SCP explains that they do not have are trained in mediation and sum of 3,220,000 shs. This within the judiciary has been to keep postponing because the Delays in the delivery of justice, the immense case ordinary people are sensitized impressive and continuous lawyers are not available and final pay out included costs backlog, as it is called, is impacting on the human about the numerous advantages training is being provided to many cases are resolved in one incurred by Richard in pursuing support further adaptation. seating as long as the parties rights of Ugandans. Reality shows that procedures of ADR. the case, something he was Prior to implementation in involved have all the necessary in the formal legal system can often be slow, lengthy, ecstatic about. “All the money 2011, judicial officers and paper work. In addition, a July complex and expensive, which affects many Ugandans, Mediation is advantageous I spent chasing Abby around support staff in a few pilot 2015 target by judicial officers particularly women. because of its flexibility as was refunded; I’m a happy areas had been trained on SCP. to resolve at least 400 cases per disputing parties can influence man because of that,” he said. Sensitization efforts thereafter year has contributed to the fast the circumstances. It also included addressing Local uptake of SCP as the relatively demands lower costs, is less y encompassing all cases forwarded for hearing. Government Councils, holding faster resolution enables them complex, and the parties can workshops at Sub County and fulfill that commitment. The legally permited The magistrates usually handle choose a neutral third party with District headquarters as well as efficiency of SCP is evident: for processses of mediation but some courts have expertise in an area to direct promotion on radio talk shows. 2014/2015, it was registered a dispute resolution specifically-trained lawyers on From this experience, negotiations or adjudicate. With 69% disposal rate of the total other than litigation, hand to facilitate as mediators. I have learnt that no ADR, solutions are practical In 2013, SCP was piloted in number of SCP cases, which Alternative Dispute Resolution six Chief Magistrate’s Courts is far higher than the national and tailored to the needs and one is above the law (ADR)B can make a difference in of Mengo, Masaka, Kabale, court average of 46%. interests of the parties and the and that there is a the lives of Ugandan women, Ultimately, Mbale, Lira and Arua and chances of a speedy resolution men and childen. These judicial system that case registration in the pilot JLOS is making awareness through the use of are high. is fair and can work magisterial areas began around efforts to ensure that more processes and techniques act ADR mechanisms, November - December 2012. people know about SCP. as a means through which ADR involves either resolution for all Ugandans. It has since been extended to The District Chain Linked disagreeing parties can come to we can bring justice of disputes outside of the Contrary to what seven other courts of , Committees (DCC) system an agreement with or without closer to the people official judicial mechanisms , Nabweru, Jinja, holds court open days, some of the help of a third party. JLOS I believed, even in Uganda. or through informal methods Mbabara, Entebbe and Luwero. which are specifically focused institutions have promoted the In August 2015 it was extended on Small Claims Procedure attached to official judicial a ‘small’ man like ADR mechanism as a means to to 15 other Chief Magistrate’s facilitation. Typically, at an mechanisms. It may take the me can get justice, relieve the constrained judicial Lillian Bucyana Courts. open day, the public has the Chief Magistrate, form of negotiation, mediation, thanks to Small opportunity to interface with system. It is therefore now Buganda Road Court. arbitration, conciliation and Small Claims Procedures are the different JLOS institutions due procedure that attempts Claims Procedure. collaborative law. Other forms resolved faster than other cases in a ‘non – official’ environment must be made at mediation of ADR include: case valuation, due to the fact that they do not and there also is room for in all civil matters. Following early neutral evaluation, neutral Richard Katumba involve lawyers thus allowing one-on-one consultations with filing of cases and response of fact-finding and family group SCP beneficiary. the two parties to agree faster. institution representatives. the other party, both parties With funding from the Austrian conference. Kule Moses, the Grade 1 appear before a magistrate for Development Cooperation Magistrate at Mengo Court a scheduling conference where (ADC) JLOS is currently Ultimately, through the use of mediation happens. In many promoting the use of ADR ADR mechanisms, we can bring cases, the parties involved by the Sector: Judges and justice closer to the people in reach agreement on mediation Justices, Magistrates and Uganda. and only if that fails are the Advocates, State Attorneys

18 19 Innovations Changing the Lives Uganda Prisons Services of Ordinary Ugandans

GROOMING PRODUCTIVE CITIZENS, ONE PRISONER AT A TIME

Masindi Prison in Western Uganda is located so close to the main Masindi District highway that even from a distance one can spot prisoners in yellow uniforms working in the vegetable gardens or relaxing in the prison compound. In the morning, groups of prisoners can be seen chatting with ease as they move to the different vocational workshops to fulfill a day’s work.

t the metal fabrication workshop, one of the most popular prisoners is Leon Abinu, nicknamed ‘chameleon’ after a popular Ugandan artist with whom they share a hoarse voice. Leon is a trade-tested and certified metal fabricator, skills he has learnt and mastered whilst serving a five- Ayear sentence in Masindi Prison. Leon, whose sentence ends in May 2016, shared his anticipation for life after prison. “I am looking forward to going back to the free world, but also to practicing my skills and making some money from them,” Leon exclaims with visible excitement. He further explains that he knew nothing about metal fabrication and only signed up for the classes on incarceration as a means to pass time in prison. He admits that in hindsight, it was a good decision as he quickly became interested in the vocation. He eventually emerged as one of the best in the class and went on to excel at his trade-test examinations from Lugogo Vocational Institute. “I can make anything: from metallic beds and chairs to doors, and windows; you name it and I can make it,” he says enthusiastically.

20 21 Innovations Changing the Lives Uganda Prisons Services of Ordinary Ugandans

tailoring, craft making, Masindi Prison boasts of being and agricultural courses in one of the most productive Community Service for vegetable and fish farming. prisons in Uganda. the Benefit of the Whole These courses are usually At the tailoring division, recommended for prisoners for example, the director Community serving relatively long of industries, Opolot John- sentences of about five or more Michael, revealed that the “When people live harmoniously, that can be called a just years to ensure that enough prison officers’ uniforms and society, and therefore crimes are punished accordingly in time is allowed for mastery of other large orders from outside an effort to maintain that just society. If that punishment skills. the prison are made in the happens to be one that benefits the entire community, then workshop. He added that, at it’s a win-win for all,” Frank Baine, Public Relations Officer, peak production, the workshop Uganda Prisons Service. My family does not could produce up to 400 have to pay for basic prison suits (shirt and shorts) per day. John-Michael says essentials like soap that the skills learned greatly as I buy them with contribute to preventing ommunity Service as a correctional alternative to my earnings. In fact recidivism since the inmates imprisonment was introduced in Uganda in tandem my prison sentence are not idle following their with the formation of JLOS in 2001. Since then, the Using the earnings from his As part of the prison system, has turned out to be release. He however explained Sector has prioritized its promotion and resultantly, work in prison, Leon has been skilled prisoners are paid that prisoners frequently faced the non-custodial sentencing has contributed to reducing able to sustain himself. “My 500 shs per day while semi- a blessing in disguise. challenges in collecting capital recidivismC and preventing crime. Community Service works on family does not have to pay for skilled and unskilled workers to start their businesses after the parameter that while serious, habitual and violent adults basic essentials like soap as I receive 200 shs and 100 Leon Abinu release. (and juveniles) should be imprisoned, a large proportion of adult buy them with my earnings. shs, respectively. These Prisoner, Masindi Prison. offenders and delinquent youth can be effectively and safely In fact, my prison sentence earnings are kept on prison Leon’s is not a unique case and rehabilitated and reintegrated in the community. has turned out to be a blessing accounts managed by an many similar success stories in disguise,” he confesses. He internal accounts system from can be heard from vocational Under Community Service, offenders are placed in institutions says that his time in prison has which the inmates can make Education and vocational workshops in different prisons of public orientation where they do work such as brick making, cultivated in him the value of withdrawals to spend as they training of prisoners is a focus across Uganda: prisoners feeder road construction, garbage management, pit latrine hard work and saving. As a please. of the JLOS system and an whose lives have been construction, de-silting of drainages, and tree planting and result, he has been able to put initiative that is implemented positively impacted by the maintenance, all to the benefit of the wider community. The away a small amount he hopes Masindi Prison is proud of its in almost all prisons in Uganda. skills learned in prison. These success of Community Service in Uganda can largely be credited will help him resettle back accomplishments in creating an The approach is greatly hinged improvements have been made to the combined efforts of the judicial and correctional arms of the into his community on leaving environment where prisoners on the Uganda Prisons Service possible by the concerted justice system under the supportive umbrella of JLOS. prison next year. Another of his are nurtured into productive (UPS) objective to not only efforts of JLOS institutions proudest achievements is being citizens. While serving their rehabilitate prisoners but and the support of their able to pass on the acquired sentences, prisoners can to prepare and equip them Development Partners. skills to ‘junior’ prisoners and apply to undertake one of the adequately for re-integration he proudly shows off some of vocational training courses into society. the items his team has made. offered in the prison including carpentry, metal fabrication, 22 23 Innovations Changing the Lives Maintaining Law and Order of Ordinary Ugandans

ONE WOMAN CHAMPIONS A SHARED SOLUTION FOR THE WHOLE COMMUNITY On a given Saturday afternoon, Diana Natukunda can be found at Nakivubo Blue primary school in Kampala, immersed in a book under a tree shed or in a classroom. Diana is however not your typical primary school student or teacher, in fact, she is neither.

his 29-year old woman from Rukungiri District is an Advocacy and Communications Officer with the Women’s Organization Network for Human Rights Advocacy (WONETHA). In addition, the mother of two runs a small catering business, is a sex worker and finally, a student. Most weekends, she is at the school toT participate in group discussions with classmates as part of their adult education O Level/Uganda Certificate of Education (UCE) program.

On first encounter, Diana makes quite the impression; she is endearing and speaks very well. Diana has been a sex worker since 2007, a trade she says she joined after failing at many others on moving to Kampala from her hometown. She describes the working conditions as appalling. “Up until 2013, we suffered; every time we worked the streets, we were chased and harassed by security personnel, including the police. Many of the girls would fall and injure themselves trying to flee,” Diana explains. She says there were frequent raids during which sex workers were arrested, bundled up on trucks and kept in police cells only to be bailed out and return to the same trade. This pattern continued to no one’s benefit and certainly not the area police in . Increasingly, it became apparent to Diana and the other sex workers that a solution had to be found.

24 25 InnovationsInnovations Changing Changing the the Lives Lives Maintaining Law and Order of ofOrdinary Ordinary Ugandans Ugandans

Despite acknowledging that prostitution should not Since then, the sex workers have supported be socially or legally acceptable, the police were open Before we had audience the work of police by remaining vigilant at to negotiate with the sex workers to help address the with the police, clients took night and reporting any suspicious or criminal problems it caused in the community. Diana recalls a activity. “Having the support of the sex particular encounter, the beginning of a turning point. advantage of us by robbing and workers is actually helpful for our patrolling,” During one of the raids, she did not run despite being scared beating us, knowing well that we Afande Bogere says. There has also been a and instead tried to speak to the officers, imploring their could not report them. This is no notable decrease in the number of violent kindness in the treatment of her and fellow sex workers. longer the case. attacks against the sex workers. “Before we While most ignored her, one officer gave her audience and had audience with the police, clients took she informed him of her interest in talking with the police to advantage of us by robbing and beating us find a workable solution for all. This officer in turn alerted Diana Natukunda knowing well that we could not report them, Jackson Bogere, the Community Policing Liaison Officer of A pro-active community it is no longer the case,” Diana explains. Makindye Division, of her request. member. Another benefit has been the increased Diana decided to pay Afande Bogere, as he is fondly called acceptance by the community, which has in the community, a visit. She remembers being pleasantly Community members often complained of resulted in the sex workers being encouraged surprised by his welcoming nature. “He actually asked all the sex workers’ indecent dressing, their to take part in other economically viable the other people to leave the office so we could speak in use of crude language and alcohol abuse. activities aside from prostitution. Diana private. We spoke at length about the working conditions of Prior to this meeting, Afande had yet to find confessed that she and many other sex sex workers, their lifestyle and motivation for carrying on in a tangible solution to the police-community- workers had long wanted to transition out the business, among other things. He in turn told me about sex workers problem. As an initial step, the of the high-risk trade but were discouraged their challenges in maintaining security in the area and two agreed to hold a meeting where brothel by the stigma from the wider community. that sex workers undermined the police’s efforts. He also owners, community leaders, sex workers and With the help of some Community Based expressed concern for our illegal activities and risky sexual security officials would discuss the issues. Organizations (CBOs), they have since behavior, which exposes us to HIV/AIDS and violence,” organized themselves into investment Diana recounts. That first encounter set the agenda for Community Policing is aimed at creating clubs through which they have started creating a harmonious environment for the community, a and maintaining a peaceful and harmonious small-scale businesses including a food shared interest for both Diana and Afande Bogere. environment where residents can thrive. The and catering service. In true testament initial meeting held attracted over 200 sex of a Community Policing innovation that For Afande Bogere, who has spearheaded Makindye workers from Barracks and Waswa Zones works, Afande Bogere has officiated at Division’s police interventions on Community Policing of Makindye, representatives from the some of the investment club’s activities. since 2012, meetings such as this marked progress in local leadership, police and brothel owners. As well as enabling several sex workers to finding shared solutions on community issues. In line with While discussions were at times tense, the transition from the illegal profession, Afande Community Policing, police officers frequently conduct meeting marked a first step in creating a emphasizes that the Community Policing visits to the communities to investigate any issues facing better working relationship between the approach has also contributed greatly to members and encourage them to approach the police when community members and the police. From improving the overall living conditions of the in need. that meeting, some resolutions were reached communities in Makindye Division. - a joint approach to the security of the area and a commitment by the sex workers to As a result, the approach has since been dress more decently and prioritize safe sex in extended to the areas of and their trade. Natete.

26 27 Innovations Changing the Lives Maintaining Law and Order of Ordinary Ugandans

One clear sign of the results is the fact As she prepares to sit her O-level final Community Policing – that the residents of Makindye Division exams in November 2015, Diana hopes for together and over time collected the funds a brighter future not just for herself and her Where Police and Communities for constructing a building that houses the family, but also for Community Policing as an office of the Community Liaison Officer innovative approach to solving community Meet at a Round Table and a community hall that is used for joint problems. She is also eager to be part of any activities between the police and the future Community Policing efforts. “Maybe community, among other meetings. I will join the police force, who knows,” she happened? Do people even understand that adds jokingly, letting shine through her they have other options to solving disputes instead of resorting to violence?” he remarks to emphasize the need for a Community Policing approach. passion for her community. he Uganda Police as part of JLOS As part of Community Policing, training adopted Community Policing as is undertaken by ordinary community a pro-active approach to fulfilling members and police officers alike. Using In line with Community Policing, their mandate to maintain law and order. the SARA (Scan, Analysis, Respond, and Afande Bogere meets with WithT this non-reactionary initiative, the Assess) approach, participants are taught vulnerable youth including police engages the community to take up the to identify, investigate and jointly resolve joint responsibility of ensuring security. The school dropouts and idlers, the most prevailing issues facing the objective is to create a harmonious society community. Through these investigative high-risk groups for criminal that fosters the thriving existence of its efforts, different issues are identified and activity, to discuss the issues members. While only some police officers the community engaged in finding solutions. affecting them. He hosts different are actively involved in community outreach “As police, we no longer look at who has motivational speakers who pass to inquire on pertinent issues and concerns, committed what crime but rather at crimes on entrepreneurial and general life Community Policing is the duty of all police as a manifestation of societal problems”, officers. Police officers initiate interactions skills to the youth. says Officer-in-Charge (OC) Bogere. The with the community members so as to build Community Policing courses attended by the communities’ confidence to raise issues. both police and community members are run according to the needs of the different The model is aimed at creating a community communities and the schedules, which are who understands very well their civic duties flexible, may run from one to three months. in addition to their rights. Jackson Bogere, the Community Policing Liaison Officer of As a result of promoting and popularizing Makindye Division is proud of the changes Community Policing, people feel confident registered since the approach was adopted. in the police, trust them and actively “Before Community Policing, our work was report criminal activity within their own more reactionary than preventive. Why neighborhoods, letting the police resolve should we show up to investigate a murder issues instead of taking matters into their when we could have intervened before it own hands.

28 29 Innovations Changing the Lives Justice for Children of Ordinary Ugandans

A NURTURING ENVIRONMENT FOR THE REHABILITATION OF VULNERABLE CHILDREN “Like in many countries, in Uganda, crimes are not only committed by adults but children too. It is important therefore that a supportive system exists to ensure that juveniles are nurtured and repatriated into responsible citizens of the society,” Mary Kyomugisha, Officer-in-Charge at Naguru remand home.

he 2015 ‘Day of the African Child’ celebrations were hosted at Naguru remand home in Kampala. The children staged music, dance and drama productions and for any observer, the day’s activities carried on just like at any other school concert. The children performed gleefully to a cheering audience and for lunch, a plentifully buffet was served, enjoyed by guests and the children alike. Also in attendance were juveniles from Kampiringisa rehabilitation home. To climax the celebrations, a football match between teams from Kampiringisa and Naguru was played Tand here, the children, in their true childlike element, played and cheered the others on excitedly. Guests enjoyed the presentations and visited some of the stalls displaying handicrafts made by the children for sale.

The necklaces, handbags, purses and key holders are among the crafts made by the children in the home as part of their crafts-making classes, one of the vocational skills classes taught in addition to 30 31 Innovations Changing the Lives Justice for Children of Ordinary Ugandans

Division of the Kampala High gardening and simple carpentry. for their court appearances “Before JLOS institutional JLOS Innovations at Court explains. “In the event Psychosocial support is also can be challenging, considering coordination, we would just that children commit crimes given to ensure that they are the constrained resources. The go to court and present the the Forefront with adults, those cases are motivated and their young home, in Kampala, services up children, hoping that everything earmarked for fast tracking and minds kept active. Children in to 42 courts, some located as was planned ahead for their of Juvenile Justice prioritized for inclusion in the remand homes also take part in far away as Luwero and Iganga hearings. Having the JLOS next available hearing sessions,” JLOS aims to ensure that justice for children is the maintenance of the homes Districts. coordinators at the courts has he adds. In addition, Plea and clean the dormitories and therefore been very helpful as prioritized at all levels of the justice system and that Bargaining services are made compound, and a few have even we communicate ahead of time children are fairly treated and represented. In order to do available to the children at the taken to helping the cooks with We may be the only to ensure that all is set for their this, the institutions involved have adopted a concerted- remand homes and on pleading preparing their meals. positive influence cases to be heard. Information effort approach to their work. guilty, these cases are also fast- these children on the presiding magistrate tracked. A typical day for OC Mary is given to us in advance and sually, on the arrest Because of focused efforts by begins with a tour of the home encounter and so their availability and scheduled of a suspected JLOS to improve in this area, On drafting a session of cases before settling into her office to court dates and times are we ensure that while juvenile, the child children’s cases in whatever to be tried, it is ensured that at conduct a staff meeting. On one confirmed. This is especially here, they feel valued is presented to the courts are prioritized and least a good number of juveniles of these days, as soon as the vital information when we have police and thereafter to the expedited. Due to shortages in are included, an affirmative meeting is adjourned, a cook and responsible for children whose cases are to be becoming better lower magistrate courts where capacity and funding, it could action for children’s justice. “For brings her a meal for breakfast tried in far off courts in other U each month, only minimal funds their case is mentioned, after take up to five years before a and waits eagerly while she districts,” OC Mary explains. citizens. which they will be transferred case is finally heard even after are available to cater for a trial tastes the food. She commends Taken together, these systemic to a remand home to await trial commitment of that case. session of up to 20 cases and his skills and soon after he improvements are targeted to Mary Kyomugisha while investigations are carried I try to ensure that children’s leaves with a content smile on ensure that justice is served in OC, Naguru Remand out. Cases of children suspected However, in the High Court, cases make up at least five of his face, Mary sends for one of the fairest manner for children. Home. of committing capital offences when children’s cases are those,” Mr. Karemani explains. the younger girls at the home are tried in the high courts but forwarded from the lower In a separate effort to prioritize and sneakily hands the food Similar to other remand homes sentenced in the Family and magistrate courts and not children in the justice system, to her. It is with this motherly across the country, OC Mary Children’s Court (FCC). As they committed within three months, for Plea Bargaining in juvenile touch that she runs the home This task is however greatly and her staff are eager to might spend up to six or more the children are granted bail cases, it is arranged so that a and it is easy to understand why eased by the coordination promote a positive outlook months awaiting court trial, the unconditionally and released magistrate from the FCC who the children and staff alike call amongst JLOS institutions. among the children and remand homes are an integral but expected to be presented is responsible for sentencing her ‘mummy.’ One example of this is through make efforts to counsel and part of the children’s justice at the court every two to four juveniles sits in on the case the system of the District encourage them. They discuss system. weeks while they await trial. hearings so as to reduce the At any given time, the home Chain-Linked Committees career plans and emphasize the “On receiving a case of a minor, lapse between judgment and hosts an average of 150 to 200 (DCCs), where the remand need to refrain from any future In court, the children are it is registered in a separate sentencing. children, a good percentage of home officers interact with criminal activity. “We may be represented by state attorneys file instead of the old ‘first in who are not from the central magistrates and frequently the only positive influence and in many instances, pro-bono first out’ policy which meant With these and other initiatives, region but end up at the discuss the specific needs of these children encounter and so lawyers from JLOS institutions that children’s cases would be it is clear that despite working home mostly for committing juveniles. The result has been we ensure that while here, they such as Law Development lumped up with the others,” within constrained resources, crimes in the area. The task of to encourage the courts to feel valued and responsible for Centre and others including Mr. Karemani Justus, the Chief the justice system as supported rehabilitation and ensuring they prioritize and remain sensitive becoming better citizens,” she Justice Centers (JC) and Magistrate and Acting Assistant by JLOS is pro-children and are represented and prepared to cases involving children. concludes. Uganda Law Society (ULS). Registrar at the Criminal highlights the needs of juveniles.

32 33 The Kampala High Court building, Kampala, Uganda This publication was published with support from

The Justice Law and Order Sector Secretariat Ministry of Justice and Constitutional Affairs Plot 1, Parliament Avenue Level 4, Queens Chambers P.O. Box 7183,Kampala, Uganda+256(414)-253207

http://www.jlos.go.ug