Center For Food And Adequate Living Rights

Justice For Adequate Living

Plot 66-67 Kiriwawanvu Lane, GACCETA Estate, Gayaza-Kalagi Road, Wakiso District, Uganda. P.O Box 16414, Wandegeya.

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We advocate for: Food Justice | Economic Justice | Climate Justice

CJP

NABACWA JUSTINE WINS HER LAND CASE IN A RECORD TIME OF ONE MONTH: SHE USED THE HUMAN RIGHTS (ENFORCEMENT) ACT (MISC CAUSE NO.19 OF 2021)

In August 2021, Center for Food and Adequate Living Rights (CEFROHT) instituted a case on behalf of Nabacwa Justine and her two minor children. She had been illegally evicted form the land where she was deriving sustenance with her two orphans by her father in law. The case was filed using the Human Rights (Enforcement) Act of 2019 in the Chief Magistrate Court of Kiboga.

The brief facts of the case are that, through CEFROHT’s community outreaches and trainings in Kyankwanzi district on how to use the Human Rights (enforcement) Act 2019 to frame and claim adequate living rights, the Local Council II chairperson of Kondo village, Kyankwanzi District identified and referred to CEFROHT Nabacwa Justine aged 23 and her two children aged 3 and 4 years whose right to adequate food, property, livelihood and adequate living were violated when her father in law evicted her and the children and then sold his late son’s land.

CEFROHT’s litigation program took up the case and filed it in the Chief Magistrate’s Court of Kiboga. Upon filing of the case, CEFROHT continued sensitizing about Adequate Living Rights and the use of the Human Rights (Enforcement) Act 2019 in Kyankwanzi District, the father in law realized that he was violating Adequate Living rights of Nabacwa Justine and her children. The respondent father in law then reached out to CEFROHT to settle the matter out of court.

During mediation, the father in law together with the purchaser of the land agreed to transfer land back to the estate of the deceased for the benefit of the children.

When the case came up for hearing, His Worship Bbosa Michael entered a Consent Judgment in which the father in law and the purchaser of the land agreed to revert the land back to the estate of the deceased for the benefit of Justine Nabacwa and the 2 children. The consent also stated that the family of deceased were to obtain letters of administration for lawful distribution of the estate of the deceased.

Nabacwa Justine was grateful because her rights to adequate food, property, livelihood and adequate living and that of her children had been realized through the use of the Human Rights Enforcement Act of 2019. With the land recovered this means that Nabacwa Justine can provide food and other basic needs for herself and her children.  The case highlights that land is a critical for income security, livelihood and adequate food.

This particular case was concluded in a record time of one month as a result of the simplified procedure provided under the Human Rights (Enforcement) Act of 2019 since it is effective in achieving sustainable access to justice for adequate living rights to vulnerable persons like women and children in communities.