IDLO - Access to Justice Programme - 2018-2023
Contribution ID : SE-0-SE-6-51180098This website displays open data about Swedish aid, which shows when, to whom and for what purpose Swedish aid is paid out, as well as what results it has produced. This page contains information about one of the contributions financed with Swedish aid.
International Development Law Organization (IDLO) is a multilateral organisation with its head office in Rome dedicated to the promotion of rule of law. Sweden became a state member of IDLO in 2017. IDLO submitted a programme proposal to Sida - "Community Justice Programme in Uganda 2018-2023" - which has the main objective to enhance access to justice for wom...
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International Development Law Organization (IDLO) is a multilateral organisation with its head office in Rome dedicated to the promotion of rule of law. Sweden became a state member of IDLO in 2017. IDLO submitted a programme proposal to Sida - "Community Justice Programme in Uganda 2018-2023" - which has the main objective to enhance access to justice for women and men living in poverty, especially in the rural areas of Uganda. In concrete terms, the expected outcomes are: (1) Legal aid and empowerment of grassroots communities, (2) Strengthening capacities of and linkages between formal and informal justice systems, (3) Enhancing access to justice for women and girls, and (4) Improving the monitoring and accountability system within the Justice, Law and Order Sector (JLOS).The proposed Programme will focus on legally-empowering grassroots communities and enhancing the capacity of duty-bearers within the justice, law and order sector (JLOS) at the community level to provide the most vulnerable and marginalised citizens with quality legal knowledge, legal aid and other justice services to uphold their basic rights, challenge their grievances in an equitable manner, and obtain effective justice remedy and reparation or compensation from both formal and informal justice mechanisms. The Programme is grounded in the appreciation that accessibility of quality, affordable and fair justice services, or provision of legal assistance in Uganda remains challenging due to a number of factors, with disputes not resolved by formal justice institutions in a timely and equitable manner. The Programme has been a result of a two-year multi-stakeholder consultative process, ensuring endorsement and buy-in from key actors, including the Government, local communities, civil society, academia and relevant development partners. IDLO's mission is to enable governments, empower people, and to strengthen institutions to realise justice, peace and sustainable devlopment. The IDLO programme in Uganda will therefore build strong collaborations with governments (JLOS), intergovernmental organisations, and civil society groups by providing technical assistance, support capacity development, generate knowledge and advocate for policy change in Uganda. Capacity building of IDLO implementing partners will an integral part of the programme. The capacity of the duty bearers´ to fulfill their responsibilities and rightsholders´abilities to demand accountability and access to justice are both equally important parts of the programme. The financing provided by Sweden shall be deposited by IDLO in a SEK non-interest-bearing bank account. This is because IDLO is an inter-governmental not-for-profit organisation.Financial support for implementation of programmatic activities will be through both the Justice Law and Order Sector (JLOS) with IDLO supporting selected agreed activities within JLOS institutions and support to Non-State Institutions through a sub grant making process. IDLO will support up to 20 sub-grantees financially, and provide capacity building for management of funds and program implementation. The number of sub-grantees will be phased over the duration of programme implementation. An initial number of no more than 5 sub-grantees, will be directly selected for the first year of implementation. The selection and assessment of Implementing Partners will be carried out by IDLO in accordance with its applicable regulations, rules, policies and procedures.
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Result
OUTCOME 1: Grass root Communities Empowered to claim and uphold their rights. Through the Community Justice Programme (CJP) 23,866 (F:12,047; M: 11,819) persons received legal aid and information services in the formal justice syatem. Of the 23,866 beneficiaries, 956 (F: 236; M: 720) secured timely remedies through mediation (221 - F: 116; M: 105), plea bargain (379 - F: 14; M: 365), police bond (35 - F: 7; M: 28), bail (66 - F: 7; M: 59) and quick win (77 - F: 8; M: 69).Overall, 50% of the legal aid beneficiaries were women. 154 acres of land were recovered for 34 vulnerable persons (F: 14; M: 20) and UGX 19,480,800 for 10 (F: 5; M: 5) beneficiaries. 15 criminal cases and civil cases of 163 (F: 82; M: 81) were also concluded through litigation during the course of 2022 while 3,349 (F: 2,252; M: 1,097) cases were successfully concluded through ADR by Community Informal Justice systems. The programme enhanced the capacity of 93 women offenders in three female prisons in Central and Western Uganda to secure non-custodial alternatives through self-representation. Of these, 79 secured their release through community service, bail, and bond orders. 1,976 inmates (F: 291; M: 1,685) were reached with information on criminal trial processes such as plea bargain and bail applications. Through the Uganda Law Society prison outreach sessions, 490 inmates (F: 19; M: 471) enrolled for plea bargain and of these, 379 (F: 14; M: 365) had their cases concluded. In relation to legislative reform, IDLO supported the Judiciary to revise court rules and guidelines to improve efficiency in service delivery and address persistent case backlog. These revised rules aim at reducing the time within which a criminal case is concluded from the current average of 2,190 days (about 6 years) to 365 days or less, enhanced transparency and legal certainty on key ingredients for issuance of bail and bond, adoption of Amicus Curiae briefs by Courts. These rules include: the Judicature (Court Bailiffs) Rules 2022; The Judicature (Amicus Curiae) Rules 2022; and The Constitution (Bail (Guidelines for Courts of Judicature) (Practice) Directions 2022. The legal aid service providers continued to push for enactment of the National Legal Aid law. The National Legal Aid Bill seeks to merge, update, and reform the law on legal aid in Uganda and to put into law Governments obligation to provide legal aid to indigent or vulnerable persons. The bill was presented for the first reading before parliament and is currently before the Legal and Parliamentary Affairs Committee for further scrutiny. The programme contributed to the review and development of advocacy strategies towards the passing of the Marriage and Divorce Bill. The Marriage and Divorce Bill provides for the protection of vulnerable women during and after the dissolution of marriage. OUTCOME 2: Strengthened capacities of and linkages between formal and informal justice systems supporting effective redress mechanisms. With support from the CJP, 9,46638 (F: 5,483; M: 3,983) persons with civil cases accessed timely justice interventions and of these 6,824 (F: 4,394; M: 2,430) were handled through ADR at court, legal aid clinics and in the community. Overall, 4,062 cases (F: 2,662;M: 1,400) were concluded through ADR in a timely and cost-effective manner within 1-3 months of reporting, compared to the average 810 days it takes to resolve a similar matter in the formal justice system. The Judiciarys capacity to address persistent backlog of both civil and criminal cases was enhanced through support towards implementation of initiatives aimed at reducing the time within which a case is concluded to 365 days or less. These included development of case clearance plans, use of the online case management system, daily case hearing at the Criminal Division at Kampala, weeding out of non-starter civil cases, revision of ineffective court rules and guidelines, holding regular internal case management meetings, peer reviews, setting targets and monthly progress reporting by circuits and divisions. OUTCOME 3: Strengthened Capacities to seek and deliver justice services for Women and Girls In 2022, the CJP empowered 5,588 women and girls to receive legal assistance through legal aid service providers while 2,994 women and girls were assisted by CJP community Informal Justice Actors. It is worth noting that in 2022, the number of vulnerable women and girls who accessed legal assistance doubled from 7,108 women and girls that received similar services in 2021. These figures contribute to the overall figure of 23,866 beneficiaries mentioned under outcome 1. The CJP programme supported the development of tools for formal justice actors to promote gender equality. These include, the guidelines on Child-friendly Standards and Procedures in Courts 2022, the Gender Justice Adjudication Training and Resource Manual for judicial officers and a gender-sensitive sentencing assessment tool for community service officers. Outcome 4: Comprehensive Oversight and Monitoring framework developed to measure functionality and impact of justice delivered at community level The programme supported periodic District Chain link Committee meetings which bring together formal and informal justice actors in several districts in Eastern Uganda. As a result of these discussions, several changes have happened at district level including two districts developing ordinances to strengthen SGBV prevention and response and embarked on profiling SGBV serial offenders with guidance from the DCC. Additionally, juvenile offenders in detention in Eastern Uganda were separated from adult female offenders in custody. To date, cases of juveniles are closely monitored and fast tracked The CJP supported the development of a human rights complaint form a simplified tool that is used by Community Advocacy Groups (CAGs) and community members to report cases under the HREA. The tool was developed to minimize the time used by magistrates to deduce oral complaints (as provided for under the Human Rights Enforcement Act) into writing. IDLO also developed a web-based Integrated Management system for the Directorate of Community services, Ministry of Internal Affairs to manage community service orders, to promote adoption of non-custodial sentences and enhancing efficiency of the management of data on existing community service orders.
The objective of the programme is to enhance the accessibility, quality and sustainability of justice services delivered for rural, vulnerable and marginalised communities in Uganda. In concrete terms, the expected outcomes are to: (i) empower grassroots communities to better claim and uphold their rights; (ii) achieve strengthened linkages between formal and informal justice systems by supporting effective redress mechanisms; (iii) strengthen the capacities of women and girls at the community level to seek and get access to effective justice services; and (iv) develop a comprehensive oversight and monitoring framework to measure the functionality and impact of justice services delivered at the community level.
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