Tuesday, December 19, 2017

An Account Of The Legal Aid Service Projects Carried Out In Partnership With UCLF Between The Months Of March-September 2017


Students pose infront of one of the prisons
Working with Uganda Christian Lawyers Fraternity has created an avenue of experience. This report is an account of events which has been carried out by students of Uganda Christian University (UCU) based on corporation with the Uganda Christian Lawyers Fraternity (UCLF) organization presenting a comparative study and analysis of the criminal justice system, mediation and legal aid in Uganda organized by the UCLF.

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)
Community Sensitization
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.
Prison sensitization

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

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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