Rule of Law and Access to Justice in Eastern and Southern Africa

Page 103

Annex 1 - case study matrix 3

Results (outputs and outcomes)

Emerging issues/ lessons

• The occurrence of specific human rights violations with the justice sector has been reduced. For instance, the Uganda Prisons Service provides improved medical care to prisoners especially to prisoners with HIV/AIDS.

• Agreed deadlines were abrogated in nearly all scheduled activities, even the undertakings that were fully met were not achieved in the set period.

• Non Tax Revenue collections have been realized from the Ugandan Police Force’s Express Penalty Scheme. The Uganda Prisons Service now brings in substantial income from farms, and uses the produce to supplement government provisions. • Service delivery in conflict-affected areas has shown improvement. Structures have been established to address war crimes including a War Crimes Division of the High Court, and specialized units in the DPP and in the police force. • Through a programme to rehabilitate offenders and divert juveniles from the justice system, rehabilitation has occurred by creating formal and non-formal education and skills training in modern farming methods. For instance, juveniles in Mbale Remand Home have been trained in poultry farming105 and in Kampiringisa in metal and woodwork. • Legal and civic awareness has been enhanced using dissemination methods such as radio call-in shows and door-to-door outreach programmes. • Cross-cutting issues such as gender and HIV/AIDS have been integrated in the justice sector. For instance, the prisons service provides expectant mothers and their children with a special diet, provides assistive devices to disabled prisoners, and free ARVs to prisoners with HIV/ AIDS.

• SIP II was designed as a reform programme but implemented (for the most part), as ‘routine maintenance.’ It has been suggested that at JLOS, the concept of “reform” lacks a common understanding. Leading to a programme design that does not distinguish between reform and routine maintenance. • The programme design focused more on the institutions that ‘supply justice’. Minimal focus was paid to the ‘demand’ for justice, including promoting the needs of vulnerable groups such as women and children through provision of legal aid, and support to witnesses and victims of crime. • JLOS funding was insufficient. • The physical design of some of the facilities constructed was inappropriate. In some cases, facilities lacked amenities, some did not cater for the needs of the disabled, while others blatantly violated the rights of the accused. • Some of the investments such as cars resulted in ‘dead capital’ as they lacked recurrent financing for service and maintenance. Furthermore, the distribution of equipment and vehicles was not always equitable; as a result, some institutions received a surplus while other institutions’ requirements went unmet. • Investment in human capital, despite numerous shortterm training modules, was inadequate, yet this was a critical prerequisite to implementation.

• JLOS’ intra and inter-sectoral links and institutions have been strengthened including JLOS partnering with UNHCR

• At the district level, civil justice reforms were not prioritized for example in the commercial justice sub sector on subjects such as enforcing contracts.

• Linkages between the secretariat and PPUs have been strengthened.

• The weak capacity of family justice agencies remains a critical constraining factor for enhancing access to justice.

98 The remand home in Fort Portal is currently constructing a poultry house.

Rule of Law and Access to Justice in Eastern and Southern Africa: Showcasing Innovations and Good Practices 89


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