LEGAL AND PSYCHOSOCIAL SUPPORT TO FORCED MIGRANTS IN DETENTION

YUSRAH NAGUJJA

REFUGEE LAW PROJECT , UGANDA

Introduction

• Refugee Law Project is an outreach project of the school of Law, Makerere University

• Vision-ensure that all people in Uganda enjoy their human rights, irrespective of their legal status.

• Offices in Kampala (central), Mbarara and Hoima (western), Gulu and Kitgum (nothern)

Our thematic programs and activities

• Conflict, Governance & Transitional Justice- research, documentation, advocacy, physical and psychosocial rehabilitation

• Gender and Sexuality- SGBV screening, counseling, medical support, capacity building and advocacy

• Access to Justice-, Detention monitoring at police, remand and prison facilities, representations before courts of law and other quasi-judicial bodies like Refugee Eligibility Committee, Refugee Appeals Board, Uganda Human Rights Commission legal advise, drafting of legal documents, documentation, capacity building and advocacy , Research on key emerging issues.

• Mental Health and Psychosocial Wellbeing- Case management, community outreaches, group support, livelihoods support, research, capacity building and advocacy

Detention Monitoring Objectives;• To identify detained forced migrants and offer

legal and psychosocial assistance • To assess rights and conditions of detention • Assess mental and psychosocial conditions • Identify and document issues for advocacy,

awareness raising and capacity building

Detention Monitoring Between January to July 2014, RLP has done

visits in;• 15 prisons-Kigo, Jinja women, Mbarara main,

Igayaza, Hoima, Masindi, Kigumba, Kagadi, Kyegegwa, Katojo, Mpigi, Machishion Bay, Morokatipe (Tororo), Arua, Busia,

• 194 forced migrants• 173 male and 21 female• 186 were between 19 to 54 years, 8 above 55

and 1 below 18 years

Legal Status

Legal status

• In total we identified 194 forced migrants ____• 179 refugees (89 DRC, 64 RWA, 25 BUR, 2 SOM)• 10 asylum seekers (5 SOM, 3 RWA, 1 DRC and 1 S.Sudan)• 5 deportees (2 Nigerians, )• 25 Irregular immigrants (8 S.Sudan, 6 Kenya, 4 DRC, 4 Pakistan, 3

RWA)

Nationality• 90 DRC, 67 RWA, 25 Burundi, 7 SOM, 2 Nigerains and 1 S.Sudan as

forced migrants

Police Posts/ stations

• 9 police stations/posts-Nateete, Lungujja, Kakajo, Old Kampala, Kafumbe mukasa, Owino, Kakoni, Kawala, Kasubi

• Five remanded; 1 Entebbe, 1 Kabalagala, 1 Kawaala, and 2 in katwe

Assessment • Access to Justice tool was developed in house – demographics, legal

status, reason for detention, access to lawyer and legal services, access to basic needs/services, safety

• MHPW tool was adapted and adopted from the –family/ support systems

• 25 item John Hopkins symptoms checklist (depression, anxiety, substance, behavioral); 22 item impact of event scale (PTSD) and coping checklist

• Correspond Psychiatric Disorders. Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV)

• Between January and July 2014, 51 forced migrants have been screened in Mbarara and Hoima

Legal Issues Identified • 49 had legal issues

The most common legal issues identified were;• Verbal abuse • Not knowing the reason for being in prison• Delayed court hearing• Inability to get bail due to lack of cash/ sureties • Lack of services of lawyer• Deprivation of conjugal rights

Stressful events experienced

Among 51 refugees screened • Threats while in detention (47.4%)• Physical torture (39.2%)• Sexual violence (14%)• Psychological torture (96.1%)

Lack of access to services/ basics

• Food/water (44%)

• Education (38%)

• Medical (42%)

Mental Health

Among 51 refugees screened in Mbarara and Hoima between January and July 2014- just over 60% tested positive for mental health disorders.

Mental health disorders

• Anxiety __sometimes (64.4%), always (32.6%)• Depression __sometimes (58.3%), always

(43.8%)• PTSD__Extreme (45.8%), Moderate (42.2%)s• Anger/ Conduct problems_sometimes (19.1%) • Substances abuse_sometimes (44.4%), often

(4%)• Phsychosoma_sometimes (44.9%), always

(32.4%)

Common mental health symptoms• Feeling suddenly scared• Extreme worry about things/life• Spells of terror/Panic• Restlessness• Hopelessness• Low energy• Lack of sleep• Easily getting angry• Starting fights• Intentionally hurting someone/others • Use of sleeping pills• Use of drugs • Headaches• Intrusive thoughts

Coping

• Prayer and fasting (51%)• Not doing anything about it (42.2%)• Avoidance (38%)• Trying to forget (38%)• Denial (36%)• Numbing (30.2%)• Leisure activities (24.5%)• Attending classes (12%)

RLP interventions

Mental health interventions • Counseling -46 forced migrants• Between 2-4 sessions• Between 30 minutes to 1 hour• Repeatedly use tool to measure progress• 47.8% have registered reduced symptoms

over a period of 4 months

Psychosocial Support

• Psycho education • Collaborate with other agencies for assistance

for example two cases being helped with resettling agencies, ARC in Mbarara to transport relatives of prisoners for visits (15 have benefited).

RLP interventionsLegal Interventions• Legal representation before courts of law -43 cases (4 kigo, 9

Hoima, 14 Masindi, 14 Katojo, and 3 in Kyegegwa). • Legal advice on SGBV, refugee rights and obligations, court

processes• Community policing and information sessions on crime

prevention, RSD processes, rights and obligation of refugees • Training on refugee law and other policy documents, on roles

in protection• Round table discussions with key stakeholders

Networking, Advocacy and Capacity building

• 90 prison officers trained (Prisons Instructors, Barracks & Security Prisons Officers, and Murchison Bay )

• 74 Police Officers trained (CPS and Wandegeya)

Round table discussions

• 43 police officers, Commissioner from CID Headquarters, Commissioner - Gender Desk, Director Police Medical Services, Police Surgeons, CID officers, Child and Family Protection Unit officers, Community Policing officers, State Attorneys, UNHCR, InterAid

• Reduced reported cases and more referrals

Gaps

• Limited human resources to offer legal and psychosocial support

• Limited Interpretation services within the Justice Law and order sector

• Confidentiality during Counseling sessions

Recommendations • Detention should be used as a last resort. Alternatives to

detention should be explored.

• Strong network between civil society organizations and prison authorities to assist forced migrants in need of legal assistance through referrals

• Greater use of paralegals in the criminal process to provide basic legal education, assistance and advice at a first aid level

• More counseling for forced migrants

Thank you for listening