Plot 66-67 Kiriwawanvu Lane, GACCETA Estate, Gayaza-Kalagi Road, Wakiso District, Uganda. P.O Box 16414, Wandegeya. Email: info@cefroht.org | Tel: +256 414 660813 | +256 772 480179

COMMUNITY JUSTICE PROGRAM

Promoting access to justice through Legal Empowerment, Social Accountability and Human Rights Based Approaches.

CEFROHT implements a Community Justice Program (CJP) to promote access to justice through legal empowerment, social accountability and human rights based approaches as critical pathways for sustainable access to justice for the poor, vulnerable and marginalized individuals and communities in the districts of Buyende, Kyankwanzi and Kiboga so far.

CEFROHT identified the new Human Rights (Enforcement) Act, 2019 as a critical tool in advancing adequate living rights of rural communities including property rights. This has contributed to an enabling environment for sustainable access to justice using the Human Rights (Enforcement) Act, 2019. In implementing this, we found out that women are disproportionately affected with land evictions from large corporations, individuals and families including their in-laws and spouses.

We embarked on training justice actors and justice seekers including women barazas and community general awareness on claiming land as a human right. We also train local leaders at Local Council 1, Sub County level and at District level. These leaders then use the law to refer women to courts of law. We also train court mediators and court clerks on the use of this law.

Highlights of CEFROHT Community Justice Program interventions

We are excited to have found some of these cases decided in just a month and half. All the cases that have been in this pioneer intervention are a success. They also promote reconciliation and adequate remedy. This is a departure from the conventional means of accessing redress which has been taking between four to ten years in many land cases.

The case of NABACWA JUSTINE;
Upon her husband’s death, Nabacwa Justine aged 23 and her two children aged 3 and 4 years were evicted by her father in-law. The land of her late husband meant to sustain her and the children was then sold off without consideration of the beneficiaries to the deceased estate. This led to violation of her right to own property under Article 26 and her right to life under Article 22 as her livelihood was affected. Her right to food and those of her children were also violated. CEFROHT’s legal aid response team was able to file a pro bono case on her behalf in the Chief Magistrates Court of Kiboga and after the court hearing there the magistrate emphasized the rights that had been violated the respondent entered a consent judgement accepting liability for their actions. Her children and herself have been able to recover the land and now settled on it. This case was determined and concluded within a month. This case was resolved within 2 months after it was filed.
The case of Mirembe Edith;
In this case the applicant had 4 children by her husband who abandoned them and she went and cohabited with her father-in-law and subsequently had 5 children with him. He went ahead to abandon the woman and children too. The woman was also evicted from the house by the father-in-law and her cows were also confiscated by him. This left her and the children in a dire situation with nowhere to sleep or what to eat thus violating the children’s rights, her right to livelihood by taking her cows among other rights. CEFROHT’s legal response team aided her by filing her case in the Magistrate Court of Kiboga and after 2 court hearings the court pronounced that a three-bedroom house be built      for her by the respondents and court gave timelines for completion of the house, the respondent also made a commitment in court to care for the children, the respondent also promised to give at least 3-acre piece of land for agriculture and some heads of cattle to provide milk. This case was concluded in within 2 months after filing of the suit. CEFROHT has made follow ups and the judgement is being complied with including the house to be built and the land for tiling. The case was resolved within 3 months after it was filed by CEFROHT.
The Case of Nampomero Gorret
In this matter Ms. Nampomero Gorret’s rights and those of her children (6) were violated when their father deliberately refused to fulfill his parental obligation of providing for the basic needs. The father of the children had deserted the wife and children with no source of livelihood. He had denied them a chance to use the available land and neither did Nampomero have a source of income nor livelihood. Nampomero and her children were left at the mercy of well-wishers who occasionally provided food and a few basic needs. CEFROHT’s response in this case at the magistrate’s court was able to get an order from the court directing the father of the children to fulfill these obligations and provide for her and the children land in which they can do agriculture. These cases were instituted to protect adequate living rights for these women and their children as it can be seen, they are mainly about land rights and livelihood for the women and their children. In these cases several rights like the right to own property, the right to life, the rights       to livelihood,     adequate food and housing among others have been protected using the Human Rights (Enforcement) Act of 2019.

Training local council leaders on adequate living rights under the Human Rights (Enforcement) Act, 2019.

CEFROHT trains and dialogues with Local Council leaders to help them understand how land entitlements and other adequate living rights like food, and property can be framed and claimed as human right and as well use the HREA to refer adequate living disputes from their local courts to the formal justice system. The Local Council leaders identify violations of adequate living rights in their communities and mediated them under the HREA.

Women Community Baraza.

CEFROHT used a unique tool of women community baraza to catalyze the power within the vulnerable women to hold the duty bearers accountable for their inaction on issues of adequate living rights. Through these barazas pertinent issues of promoting women adequate living rights have been discussed by the duty bearers and the women  

Resources

MAGISTRATE'S MANUAL

On the adjudication of adequate living rights cases under the Human Rights (Enforcement) Act, 2019.

COMMUNITY TRAINING GUIDE

On claiming adequate living rights using the Human Rights (Enforcement) Act, 2019.