“Access to Justice and Property’’ -...

October – December 2016 News

A Right for HIV+ Women and Children“Access to Justice and Property’’

Table of Contents

“ACCESS TO JUSTICE AND PROPERTY’’ • A Right for HIV+ Women and Children2


PACT CEO’S MESSAGE ............................................................ 3

ABOUT THE ORGANISATION (PACT) ...................................... 4ABOUT THE PROJECT ............................................................. 4

Introduction .............................................................................. 4Overall Purpose of the Project: ................................................... 5

SUMMARY OF ACHIEVEMENTS ............................................ 5

Local Courts Revived to Functionality ......................................... 576 Paralegals Trained .................................................................. 6Research, a basis for clear and smart indicators .......................... 6Barazas ignite Community Leaders’ Participation ........................ 8Community Structure Mediate in Property and Land Wrangles ... 9PACT goes Global ....................................................................... 9Radio Talk shows Amplify/Sensitise Land and Property Rights to Communities ................................................. 9

OTHER PACT ACTIVITIES IN PICTURES .................................. 10

PACT CEO’s Message

Dear Readers,

It Is worrying to know how Human Rights are being abused in all corners of human existence. It is even more disturbing when this comes to affect the most vulnerable people like children, the PLHIV and more especially women. Quite often, their right to access the

bare basics of their existence e.g. property has been eroded away by relatives, caretakers, friends and many times on the basis of grid and uncivilized cultural beliefs. This situation must be reversed through a combined aggressive awareness creation and education campaign of the masses.

PACT with support from Independent Development Fund (IDF) has embarked on this task and is optimistic that by the end of the year 2017, a reasonable portion of people in Rakai district will have changed their way of understanding of these issues (rights) and appreciate the need for the HIV+ women and affected children to access justice and enjoy their rights to property.

I wish you enjoyable reading.

Kalungi John GgayiCEO-PACT

... property has been

eroded away by relatives, caretakers, friends and

many times on the basis of grid and uncivilized

cultural beliefs.

“ACCESS TO JUSTICE AND PROPERTY’’ • A Right for HIV+ Women and Children 3


Proactive Approaches for Children and Community Transformation (PACT) was formerly known as Orphans Community Based organization (OCBO) since its formation in 1990 as a community response to HIV/AIDS and its associated orphan problems. In 2013 , it was rebranded under a new name so as to achieve a comprehensive and integrated community transformation goal.

PACT is a registered National Non-Governmental organization with its headquarters in Rakai District. It implements programmes that address the plight of both the OVC and community through community-based interventions with a niche in Child education, HIV and health, Human Rights and justice, food , vocational skill training, environment, as well as improving the social economic welfare of communities. It is an evolution from the latter’s growth having been registered as an NGO in 1992.

1.0. About the Organisation (PACT)

PHYLOSOPHY

We believe that all perons can realize their potential and become useful members of the community if given access to opportunity.

VISION

A community which supports the child to intergrate into a healthy, free and happy society.

MISSION

To foster community based initiatives that create an enabling environment for the child to fully realize their potential.

CORPORATE IDENTITY

We are a: Community minded Child centered organisation

2.0. About the Project2.1. Introduction

PACT recieved funds from IDF to implement an 18 months project to run from 1st July 2016 to December 2017. The “Promoting Access to Justice on land and property rights for HIV+ women and affected children” project aims at enabling the target group to have access to justice and property (land) rights. It also focuses at increasing land and property rights awareness and reviving community structures to offer fast response to rights violation in 4 sub counties of Kasasa, Kabira, Nabigasa and Kifamba in Rakai district.

Parish local courts and paralegals are working jointly to ensure barriers to justice and issues related to violation of rights are quickly addressed and justice prevails. Under this project, Paralegals and local courts followup, mediate, report and or refer all cases related to violation of the property rights in their communities.



2.2. Overall Purpose of the Project:

To strengthen capacity of HIV+ women and affected children to demand for their land and property rights.

Specific Project Objectives

Increased civic consciousness and competence among citizens of Kasasa, Kabira, Kifamba and Nabigasa sub counties in Rakai district particularly the HIV+ women and affected children on land and property rights.

Increased access to justice to HIV+ women and affected Children through the community

redress mechanisms (RRCs, Paralegals and Parish courts.

Strengthened community monitoring and reporting mechanisms/structures on property rights.

Desired Change Expected from the Project

The rights of HIV+ women and affected children respected and upheld by community members and duty bearers in Kasasa, Kabira, Nabigasa and Kifamba.

3.1. Local Courts Revived to Functionality

3.0. Summary of Achievements

For over a decate, local council courts had been rendered inactive following their nullification by the High court coupled with their long stay in office.That notwithstanding, communities still had trust in them.

PACT therefore sought guidance from the Rakai Grade 1 Magistrate to advise on the legality of these community courts. The Magistrate during the training organised to orient these court members about the project, advised as follows: “the current Local Council executives were nullified by the

courts of law but considering how important these executives were/are, the “judicial system cannot do without them’’

During the same event which was closed by the Rakai district RDC, encouraged the court members to handle issues of land diligently and report such cases immediately to his office when the lower mediation process fails. Since then, PACT has sensitised, equipped and cordially works with these courts to bring justice of land and property rights to communities.

A trainer (court clerk)taking participants through the land ACT

Magistrate advises of legality of the Local courts

RDC officially closing the training



3.2. 76 Paralegals Trained

Pact engaged 76 Para legal in a refresher training in the project operational sub counties, these will bridge the gap between the local court members and the victims of injustices to land and property rights. The Paralegals key roles will be to register cases presented, concluded and or referred to courts and

number of mediation sessions conducted by them and the local court members. These will hence be required to provide monthly reports on the above. This partnership will help to strengthen community monitoring mechanisms.

3.3. Research, a basis for clear and smart indicators

Pact contracted Zoar consults to conduct a baseline survey in the 4 project operation sub counties. The baseline survey intended to generate data indicating levels of knowledge and attitude on land and property rights. It was also to improve on the quality of indicators of the project.

An FDG at Kabano Parish A data collector engaging a child as part of the target. Category

The summary findings from The Baseline findings were launched to the different stake holders for validation. The launch also intended to establish Networks with different stake holders in the project area for an effective and efficient project implementation.



The Zoar consultants presenting findings on the level of awareness of land and property rights of communities in Nabigasa, Kabira, Kasasa and Kifamba sub counties.

The District Probation Officer, Mrs. Nakawoojwa Susan appreciating the base

line survey work done by both PACT and Zoar consultants.

The Deputy RDC, Mr. Mbetegyeriize validating the base line survey results; He also officially closed the occasion.

Among other key issues, the survey recommended that “The local council 1 committee should be brought on board for the effective running of the project as these are the first referral points for those faced with injustices.



3.4. Barazas ignite Community Leaders’ ParticipationPact conducted a total of 9 Baraza meetings in 9 parishes of the project operation sub counties. These were intended to hold duty bearers accountable for protection of the rights of the +HIV women, affected children and people in the rest of the community who experience injustice especially regarding failure to access justice on issues of land and property rights. They were also to publically introduce to the different local committees where communities can first seek redress for mediation on issues of land and property rights before forwarding them to higher legal courts. A massive total of 483 participants compared to the expected 333 attended the meetings and deliberated on a number of critical issues.

Lessons learnt

Giving community members opportunity to put to task civil servants was unique and new to most of the communities. The community barazas gave them a rare opportunity to interact with CDOs, District probation officer and other duty bearers. The duty bearers were challenged and had to clarify a number of community concerns. Following the community barazas, the CDOs have improved their services, offer quicker response to violation of rights and attend office more regularly. A case in point is where the Kifamba S/C CDO intervened after a community baraza and helped Ms. Nalukwago Eva of Kagongole Village to reclaim her piece of land which had been encroached by one rich man in the names of Karugaba Amos.

Such an arrangement helps communities to generate local solutions to their local problems as a team as people speak out their minds on various issues/problems affecting them. For example in a one Baraza meeting in Kasasa Sub County where Nakayiki- Margaret a resident of Kijonjo Nakateete Village presented an injustice of domestic violence that is caused by the husband as a result of her denial to accept sell the Plot/ Kibanja as was demanded by the husband. The Plot/Kibanja is where the homestead is established. This is a fisher monger who only appears once in awhile to the home, but whenever he’s home, it’s always terrible to Margaret and children, he beats them up, destroys

all house property and also makes death threats to the family members.Margaret reported the cases to the local council of Nakateete, but the local court members tries to intervene in the matter and failed because it involved the husband making threats to kill the family members, she was then referred to the CDO’s office where she didn’t get justice. The CDO (Nakamya Rose) reported that she intervened in the case and summoned the culprit but the he has not yet turned up.

The LC-3 Chair person of Kasasa sub county (Mr Mbaziira Timothy) was attached by the story and he committed to help Margaret with filling a case to police and collaborating with police to get the culprit. The community wholesomely made a uniform decision to help Nakayiki. They agreed to organise themselves into small village security units of 5 to 10 men to ambush the culprit (Nakayiki’s Husband) when he returns to the village to mistreat Margaret and children.

The community barazas gave women and children platform to demand for justice. The barazas helped them to know their land and property rights. This gave them confidence to demand for their rights from an informed position. They interacted with duty bearers and many have since been helped and reclaimed their property.

Baraza session in Kifamba SC, C/P LCIII clarifying issues



3.5. Community Structure Mediate in Property and Land Wrangles

Local courts/ structures managed to conduct a total of 43 mediation sessions out of which 19 of them were related to land and property rights violation and women in the four sub counties.,08 of the 19 cases were resolved and concluded in LCII courts, 05 were referred to CDOs. O6 cases are still running.

The project works with community mediation committees in dispensation of justice. This has made access to justice cheap and affordable. It minimizes costs in terms of money and time which would be used in magistrate courts and justice comes quickly. Village Mediation committees in project area and elsewhere should be given the necessary logistical support to ensure justice prevails in the shortest time possible.

3.6. (PACT goes Global)

Mediation session in Kyanika Parish

With IDF fund, PACT has been able to rejuvenate her website that had for long been inactive. The world can now know more about PACT on www.pactuganda.org . The website is intended to provide

online visibility of the organization and to dispense organizational information including reports to the different stakeholders.

PACT staff undergoing training in website development. PACT now has a Website-www.pactuganda.org

3.7. Radio Talk Shows Amplify/Sensitise Land and Property Rights to CommunitiesThrough Talk shows aired on Radio Buddu FM, Paralegals, Local council court members, PACT staff and other duty bearers, sensitised and educated masses in the project area on “Land & Property Rights laws. These will be continued during the project life.

PACT team in Buddu FM Studios


4.0. Other PACT Activities in Pictures

Tailoring

Artisans receive Tools and Equipment

A Baking Class

Metal Fabrication

PEPFAR Executive visits Youth

Knitting



Early Childhood Education in PACT

ECD Centre at Kyotera established and operated by PACT

Community Empowerment: A VSLA supported by PACT

HCT: HIV & AIDS is central among PACT activities



PACTP.O. Box 96, KyoteraEmail: [email protected]: www.pactuganda.org

“Access to Justice and Property’’ -...

Documents

Transcript of “Access to Justice and Property’’ -...