Law
NETPIL Calls for Effective Access to Justice
The Network of Public Interest Lawyers (NETPIL) has called on various state actors (police, security agencies, courts of law) to ensure effective access to justice as well as effective remedies to the people of Uganda. This call was made at a media breakfast meeting held on Wednesday, 17th November, 2021 at Piato Restaurant in Kampala. The meeting was intended to equip media personnel with knowledge and skills to report on abuses as well as seek a remedy for victims. The Report titled ‘The 2021 General Elections’ in Uganda: Human Rights Violations & the Spectacle of Violence’ produced by NETPIL was also shared.
NETPIL brings together individual lawyers, CSOs/NGOs and law firms committed to public interest litigation and advocacy; NETPIL is hosted by the Public Interest Law Clinic (PILAC) established at the School of law, Makerere University in 2012. PILAC seeks to promote hands-on experiential learning as well as exposing students to ‘live’ cases of individuals who have been confronted by the law in its varied manifestations.
Speaking at the meeting, Mr. Arthur Nsereko – Coordinator, NETPIL said ‘Access to justice (A2J) is a right and basic principle of the rule of law. In the absence of access to justice, people are unable to have their voice heard, exercise their rights, challenge discrimination or hold decision-makers accountable’. He noted that numerous reports have been recorded on violations and abuse in Uganda, but never follow through with access to justice for the abused.
Mr. Nsereko further explained that the State has a duty to respect, protect and fulfil rights including particularly the duty of states to ensure that the rights are implemented through the provision of legislative measures and judicial remedies, in accordance with the national legal system. The State is also obliged to take appropriate steps both to prevent rights violations and to investigate, punish and redress such abuse when it does occur – in other words, to provide access to remedy.
Facts shared at the meeting about the November 2020 riots highlighted that at least 54 people including women and children were reported extra judicially killed where 32 were adjudged rioters, hit by stray bullets while 22 persons were declared innocent and these included juveniles. However, an effective remedy, including reparation and compensation have not been possible for those affected which is a violation of rights.
Presenting at the meeting, Ms. Veronica Kange – Legal Officer, PILAC said ‘for the violation of every right, there must be a remedy. Rights and Freedoms are meaningless if there are no consequences for their violations. For a remedy to be adequate, it should be accessible, affordable, timely and effective. The remedies should be simple and urgent’.
‘There is an expectation by victims to access effective remedies premised on restitution, compensation, rehabilitation, guarantees of non-repetition as well as satisfaction’, Ms. Kange noted.
Issues arising from the presentations and discussions included:
- In boardrooms, lecture rooms we may not be able to solve the challenges hence involvement of the media to disseminate the messages.
- There is a right to truth, justice and remedy.
- Uganda has very good laws but implementation is poor.
- Backlog in courts deters people from seeking for justice in courts of law.
- There is need for effective court processes.
- There is common belief that justice is for the rich because of the costs involved.
- There is thought that the state has abdicated its responsibility.
- Appreciate that police and government always say that they will investigate but how soon do the remedies happen.
- Pre-emptive statement by leaders biases the final decision example bail discussions in parliament.
- The State must respect its institutions.
- Treatment of suspects by the statement.
- Police and other security agencies should desist from use of force or live ammunition when dealing with suspects.
- Interim reports would be welcome as we await final report.
- Opportunity to engage the institutions concerned by civil society but where it fails then alternative steps can be explored.
At the end of the meeting, a press statement on the ‘denial of political players’ to access broadcasting houses’ was presented.
Please see Downloads below for the presentations.
Zaam Ssali is the Principal Communication Officer SoL & MakCHS
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