Foundation for Human Rights Initiative

1.Pro bono Legal Assistance to the indigent and vulnerable persons: In an attempt to mitigate the challenges of accessing justice by the poor and vulnerable, FHRI implemented a 15 months project (October, 2008 – January, 2010) in six districts representative of all the regions across the country. These were: - Lira district in Northern Uganda, Busia district in Eastern Uganda, Kasese district in South Western Uganda, Kalangala, Kiboga and Sembabule districts in the Central region.

Under this action FHRI provided legal aid services to the people in the deprived and hard to reach areas of the fore mentioned districts/ regions. Community paralegals were also trained in a bid to sustain the project in terms of continued provision of on spot legal advice; replication of the training attended and sharing of information among communities during peer training sessions.

To date the Legal Services Division of FHRI continues to provide free legal aid services to the poor and vulnerable persons in Uganda through providing legal advice, Alternative Dispute Resolution and Litigation.
2. Criminal Legal Defense: This component has four key activity areas: Reparation of Torture Survivors, Representation of Death Row inmates and Paralegal Advisory Service.

i. Reparation for Torture Survivors

Objective:

To ensure remedies and reparation for survivors of torture, cruel, inhuman and degrading treatment or punishment

Under this project, FHRI worked towards representation of torture victims and enforcement of compensation awards. This activity sought to provide legal assistance to victims of torture through enforcement of their fundamental human rights in the Uganda Human Rights Commission (UHRC) and ordinary courts of law.

This activity built on FHRI’s campaign against torture in Uganda by seeking redress for the project beneficiaries, who were mostly the poor and vulnerable; who did not possess the knowledge of where to report cases and the procedure to be followed.

Activities:

During 2010, legal aid support was provided to at least 10 victims of torture but the unit continued to provide legal aid to twenty two of its old clients.

FHRI joined efforts with the Coalition against Torture (CAT) members to advocate and raise awareness on the Anti-Torture Bill, 2009. FHRI every year further participates in activities for the Torture Week which centers on the 26^th of June, the International Day Against Torture.

ii. The Right to Life project:

Objective:

To limit the use of the death penalty in Uganda with a view to its eventual abolition.

The Right to Life project seeks to bring about progressive abolition of death penalty in East Africa and the use of alternatives that respect international human rights standards. It seeks to implement the 2010 ruling of Godfrey Ngotho Mutiso v the Republic of Kenya and the 2009 Susan Kigula & 417 Others v the Attorney General in Uganda which abolished the mandatory death penalty for murder cases in Kenya and for all capital offences in Uganda. FHRI has undertaken awareness campaigns and organized knowledge building workshops for members of the criminal justice system on the changing nature of the death penalty. Other initiatives include lobbying and advocacy, litigation, and research.

Abolition is pursued through public campaigns, litigation, training and the encouragement of progressive jurisprudence. During the Death Penalty Initiative FHRI has successfully been able to convene a judicial colloquium for judges, lawyers and experts; published a training manual on international standards and sentencing principles; secured a Supreme Court hearing against the death penalty and its eventual ruling on 21^st January 2009; and published and launched a book “Towards abolition of the Death Penalty in Uganda” in the 5^th strategic plan. In 2005 the Courts of Judicature took active interest in strategic litigation in constitutional and other matters that included a petition challenging the constitutionality of the death penalty, (Susan Kigula and 416 vs Attorney General 6/2003). Until June 2010 the Right to Life project was undertaken in partnership with the Death Penalty Project Limited (UK), and in cooperation with Katende, Ssempebwa & Co. Advocates.

Through the various planned project activities, the Right to Life Project in partnership with Penal Reform International and European Union has contributed to dialogue on the efficacy of the death penalty and increased public awareness in both Kenya and Uganda. The right to fair hearing has gained practical meaning given that judges can now exercise judicial discretion in sentencing following the Supreme Court ruling in Susan Kigula & 417 others v The Attorney General of Uganda Constitutional Appeal no. 03 of 2006. This case has been of resounding effect in other jurisdictions. For instance in the case of; Godfrey Mutiso Ngotho v. The Attorney General of Kenya Criminal Appeal no.17 of 2008.

iii. Paralegal Advisory Service (PAS)

Objective:

To improve understanding of principles and procedures of the formal criminal justice system by both users and criminal justice agencies in Uganda.

The Paralegal Advisory Services provides basic legal aid to persons in conflict with the law with a particular focus on offenders whose cases are before the Chief Magistrate’s court. Services ranging from basic advice and follow up of individual cases with relevant criminal justice agencies, rights and legal awareness are offered by specially trained Paralegals and Social Workers

The emphasis of the Justice Law and Order Sector (JLOS) reforms in the criminal justice system is to improve access to justice by strengthening the supply side. The demand side (i.e. the users of the criminal justice system) needs to be empowered to ensure quality and accessibility of justice. The current constraints to the system including delays, case backlog and congestion in detention centers can be minimized if the demand side is strengthened.

The Paralegal Advisory Service (PAS) therefore strategically responds by creating voice and space for the criminal justice system users, making them active players and partners in the administration of justice.

The Paralegal Advisory Service program was piloted from October 2005 to December 2006 and after a successful inaugural scheme a three- year program (April 2007-March 2010) was implemented.

Since its inception in 2005, PAS has facilitated access to justice for over 30,000 indigent persons through assistance to secure bail, police bond, mediation/diversions, community service orders, dismissal and acquittal of cases and 65,248 were offered basic legal advice and counseling. This contribution has impacted on the decongestion of prisons, expeditious disposal of cases, improved understanding of trial and legal procedures.

The program is executed in partnership with the Uganda Prison service and a network of civil society organizations in the 10 districts of Arua, Bushenyi, Kitgum, Gulu, Lira, Fort Portal, Mbarara, Kampala (two sites), Jinja and Mbale.

iv. Pre-trial Detention Project

Enhancing access to justice for pre-trial detainees through creation of awareness and enforcement of their constitutional right to bail.

Pre-trial is one of the key projects undertaken by the Foundation for Human Rights Initiative (FHRI) since July 2009. Its main purpose is to create awareness of the Constitutional provisions in context of Article 23(6) on the rights of pre-trial detainees in order to promote policy and practice change in Uganda. Through research and monitoring program, in 2005, FHRI found out that many suspects were on remand having been denied bail. It was upon this background that the foundation took up an initiative to address the situation of pre-trial detainees.

In 2006, FHRI filed a Constitutional petition under No. 20 of 2006 Foundation for Human Rights Initiative Vs Attorney General which challenged the constitutionality of section:

i. 14 (2), 15 (1-3), 16 of the Trial on Indictments Act in as far as they provide for the regulation of the grant of bail;

ii. 75(2) and 76 of the Magistrates Court Act in as far as it excludes some offences from the grant of bail by the Magistrates’ Court and sets lengthy pre-trial detention periods;

iii. 219, 231 and 248 of the Uganda People’s Defence Forces Act that subject accused persons to lengthy periods of detention without bail; and

iv. 25(2) of the Police Act that allow detention of a suspect for seven days without being charged in Court.

Although sections of the Police Act, Trial Indictment Act and Uganda People’s Defence Forces were pronounced unconstitutional, null and void to the extent of inconsistency, the presiding judge did not agree that sections of the Magistrates Court Act contravened the provisions of Article 23(6). It was up on this judgement that FHRI lodged an appeal to the Supreme Court in 2008 arising from the Constitutional petition No. 20 2006; Foundation for Human Rights Initiative Vs Attorney General to seek Supreme Court Declaration on the Constitutional Right to Bail. The appeal has not been heard due to lack of quorum.

On the 8^th of June 2011, FHRI launched a bail handbook entitled ‘A Citizen’s Handbook on the Law Governing Bail in Uganda’ and at the same time convened a roundtable meeting to popularize the effects of the Constitutional Petition No. 20 of 2006 aimed at creating a deeper understanding on the situation of pre-trial detention. The handbook is a simplified version of the law and procedures governing the rights of pre-trial detainees. It acts as a user’s guide and/or manual for the detainees, detainees’ relatives, legal aid service providers, paralegals, prisons officers and all those that relate with pre-trial detainees on a regular basis.

Also, as part of legislative advocacy, FHRI is working on a project to translate the bail handbook into various local languages to popularize the basic legal provisions and procedures in the handbook to the wider audience especially in rural areas where the population largely bears the brunt of delays in delivering justice due to ignorance on the legal provisions on the right to apply to bail.

The project objectives are:

1. To seek a court declaration on the right to bail of pre trial detainees within the context of Article 23 (6) of the Constitution of the Republic of Uganda.

2. To create awareness of the constitutional provisions of the rights of pre trial detainees and promote policy and practice change.
3. Public Interest Litigation/Legislative advocacy.: Objective:

To protect the rights of citizens and bring effective redress upon violations of constitutionally guaranteed rights.

The legislative and policy advocacy function is informed by the research, monitoring and human rights education functions. Findings of studies and research conducted generate concerns that require a combination of lobbying for policy change and litigation to challenge the legal framework and existing practices.

This strategy has been applied successfully in dealing with pretrial detention and the death penalty when FHRI challenged several provisions of the law and caused public debate to bear.

Still under the legislative advocacy action FHRI continues to submit researched petitions/memoranda in respect of legislations that are considered inconsistent with the 1995 Constitution of Uganda to the Parliament of Uganda and where possible institute Constitutional Court petitions with a view to ensuring policy and legislative change. These include: S.35 of the Police Act. Cap.303; Anti-terrorism Act 2005; Communication and Interception Bill 2007; the Institution of Traditional or Cultural Leaders Bill, 2010; and The Public Order Management Bill, 2009.

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