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| Students pose infront of one of the prisons |
Working hand in hand with the
organization accorded us an opportunity as law students in not only
professional growth but also spiritual growth. We accordingly appreciate UCLF
for its efforts in this regard. Every
activity we engaged in increased our awareness in regards to the rights of
prisoners, challenges faced by most of these victims of the law and prisoner
wardens, and in respect to settling disputes amicably. As a result of
unemployment, poverty and ignorance of the law, many youths from our
observation have fallen victims of the law in the due course of their actions.
It was also evident that from all these activities we were in were engaged in,
some of the communities lacked knowledge about their rights and duties as
citizens of Uganda, and most prisoners from various prison stations that we
visited have never had legal representation and they are not aware even about the
functionality of the criminal justice system (mainly their rights as
prisoners).
It is therefore our recommendation
that efforts should be made to conduct massive community sensitization about
the operation of both the civil and criminal justice system, and also
prisoners’ rights. Furthermore, the prisoners should seek help regarding to
legal representation and plea bargaining system plus encouraging most
disputants within the community to try mediation programs before resorting to
the court system.
In a total of about seven months(
7), we managed to visit four prisons in various prison stations, that was
Buikwe, Nyenga, Lugazi and Bisaana prisons and carried out mediation activities
on every Wednesday of the week at the university.
It was a great honor for the
students to engage in the mediation programs as a way of getting experience in
dispute resolution mechanisms since Mediation has been made compulsory in all
civil disputes.
In a summary, we the law students of Uganda Christian University would
like to extend our sincere appreciation and gratitude to Uganda Christian
Lawyers Fraternity organization for their guidance, spiritual involvement and
also legal aid involvement in outreaching vulnerable people, communities and
prisons. The
projects were facilitated and organized by UCLF in partnership with UCU.
Uganda Christian Lawyers Fraternity (UCLF)
UCLF basically is a
non-governmental organization that seeks to mobilize Christian lawyers to serve
the indigent community of Uganda by ensuring that God’s character of justice
and mercy is communicated in both words and actions.
Uganda Christian
Lawyers Fraternity generally aims at enabling poor and vulnerable persons to
resolve their disputes, increase the participation of law students in legal aid
service provision, increase knowledge of the law and human rights among inmates
and communities in the target communities. The target communities are Mukono,
Kampala, Buikwe, Kayunga and others.
The organization
therefore provides Legal Aid Services in projects such as community
sensitization, prisons training, mediation activities and plea-bargaining all
intended to bring justice close so that it is realized by all in the societies
as defined in the organization’s mission.
Objectively the means
of legal aid service projects are born towards ensuring court representation
for capital offenders appearing before the High Court and Chief Magistrates
Courts, ensuring the use of other means of dispute resolution, offering of
legal advice and counselling, legal sensitization for prisoners, community
leaders, stake holders and members.
UCLF believes that
justice should not only be done but also seen to be done. The fact that
majority of Ugandans are below the poverty line, their ability to secure the ends
of justice through their personal representation other than incurring costs for
the lawyer will be in vain. However, this has been wiped out through the
engagement of law students from different universities particularly Uganda
Christian University to fight against this appealing evil through giving advice
on matters concerning the law, plea-bargaining issues, conducting mediation
activities and the like.
The objectives of the different projects.
The aims/ objectives
for these activities engaged in with UCLF included; To examine and appreciate
help the students with a practical appreciation of criminal law and criminal
procedure through sensitization and legal advice to the community and prisoners;
To support and work hand in hand with the Uganda Christian Lawyers Fraternity
in outreaching legal advice and sensitization of communities and in prisons.; To assist the Uganda Christian Lawyers
Fraternity in the process of mediation; To engage the students in community
outreach programs on various aspects of law; To document results on mediation
and proposed follow up; To engage the students in prison training so as to
bring to their attention to the various loopholes in the law and problems
encountered in prison cells; To identify the necessary requirements for the
operation of prisons
To this end,
sensitization activities were carried out by students and staff on various
legal rights like self-representation, bail, land rights, family law and many
other aspects. Furthermore mediations were also carried out at court especially
at Mukono magistrate’s Court.
Court Mediations.
Hereunder, the students in partnership with UCLF conducted
mediations at Mukono magistrate’s court and some at the Faculty of Law
boardroom. During these, they engaged with the parties and tried to ensure that
these parties came to an amicable conclusion that would be a win-win for both
parties. Most of the cases successfully resolved involved land matters.
It’s however unfortunate to note that some parties did not
turn up for these mediations thereby frustrating any efforts to try and serve
justice. There is a case in where the defendants did not enter appearance, thus
frustrating the mediations
Prison sensitizations were carried out in various prisons
and were aimed at sensitizing the prisoners about self-representation, right to
bail among others. These were also characterised by question answer sessions
whereof the prisoners voiced their concerns and we were able to address them.
Some of the prisons attended to include Ntenjeru Prison, Kayunga District, Busaana
prison, Kayunga District, Buikwe
prison, Buikwe District, Nyenga prison, Buikwe District, Lugazi Remand Home,
Community sensitizations.
Community sensitizations
were conducted in various areas around Mukono and were aimed at informing
communities
about various legal principles like land law, family law (specifically
succession) and how these various rights could be enforced. One of the villages
we visited was in Najja, Bukwe District
communities
about various legal principles like land law, family law (specifically
succession) and how these various rights could be enforced. One of the villages
we visited was in Najja, Bukwe District
The following observations were made
during the project;
Mediation:
1. Marital
matters are actually very hard to handle because in the particular matters, one
of the aggrieved usually expects a certain percentage of agreement and it is
difficult to agree on numbers. The parties can hardly reach an agreement.
2. Approximately
half of the parties failed to turn up for the mediations.
3. Parties
exhibited high levels of discipline during the sessions which made it easier
and faster to get to an agreement.
4. Parties
were willing to enter peaceful agreements since many were not ready to incur
costs in proceedings in court.
Sensitizations.
1. Many
people in prisons are not actually criminals but end up there because of the
various inadequacies of the judicial system.
2. Majority
of the prisoners are not aware of their constitutional right to apply for bail.
3. Many
of the prisoners especially those who are capital offenders take a very long
time in prison before being committed to the High Court for trial.
4. In
some prisons for example Ntenjeru prison, juvenile offenders are put in the
same place with adults and yet these are not acceptable standards.
The projects were also a learning session wherein we learnt that
people should always be sensitized about their rights in order to ensure full
enjoyment of the same. Not everyone convicted is a criminal per se at times
it’s due to the negligence of the Criminal Justice system that they are in
prison, and that team work is an important aspect in achieving any kind of
work.
Challenges faced in the different projects
Mediations.
Some parties to the
matter are not notified the venue for the mediation process hence staying in
court and missing out on the mediations sessions, while some parties to the
matter come with an expectation and fixed to a position and it is hard to reach
an understanding with such parties because as a mediator you cannot make them
understand the aim of the mediation, Marital issues are a challenge to handle,
and there is a high levels of discipline are required to ensure effective
carrying out of mediations.
Sensitizations.
The journey to some destinations was really long and
tiring and in turn reducing the time meant for the sensitization, and also in
some areas like Najja in Buikwe district, the turn up of community members was
really low but nevertheless we sensitized those who were present.
We thus recommend;
That UCLF considers acquiring good means of transport to
ensure faster and easier access to these communities,
That the number of paralegals in the different areas is
increased so that mobilization is made easier.
That UCLF creates a hotline for easy follow up by the
different community members.
In conclusion, gaining a hands on experience is an
important element in any kind of profession one hopes to partake of. This
exercise with UCLF therefore was such an opportunity for us. We inceasingly
thank the management of UCLF and the Law faculty of UCU for giving us such an
opportunity and thus opening our minds to the challenges that await us outside
law school.
This account was by Kamuli
Pauline Martha, Kisawuzi Daniel, Nakuya Sharitah, Ahimbisibwe Hillary, Anako
Racheal, Adongo Sarah, Kemirembe Sandra, Katende Hazaharu, Nakanwagi Shamilla,
Namubiru Josephine, Akatukunda Moureen, Twesigye Boris, Mpalanyi Victor,
Muwanguzi Moses, Nankinga Jackie, Mutesi Sharon, Nantongo Shamsa, Makabayi
Mercy, Prossy Basemera, Osekeny Joel Francis, Nyamungu Dorcus, and Aluru Kevin
Gloria



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