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From: IRIN <[email protected]>
Date: Tue, Apr 23, 2013 at 6:21 PM
Subject: Uganda pilots mobile courts for refugees
To: Elisabeth Janaina <[email protected]>


Uganda pilots mobile courts for refugees

KAMPALA, 23 April 2013 (IRIN) - Uganda's government and the UN Refugee
Agency (UNHCR) have launched a pilot mobile court [
http://www.unhcr.org/516d29359.html ] system to improve access to
justice for victims of crimes in Nakivale, the country's oldest and
largest refugee settlement.

The magistrate's court, whose first session began on 15 April, will
hear cases of robbery, land disputes, child rape, sexual and
gender-based violence, attempted murder, and murder. The project - a
collaboration of the Uganda government, UNHCR, Makerere University's
Refugee Law Project (RLP) and the Uganda Human Rights Council - aims
to benefit some 68,000 refugees and 35,000 Ugandan nationals in the
settlement.

"With the nearest law court currently 50km away in Kabingo, Isingiro,
access to justice has been a real problem for refugees and locals
alike. As a result many fail to report crimes and are forced to wait
for long periods before their cases are heard in court," said a UNHCR
briefing on the programme.

The mobile court will hold three sessions a year. Each session will
last 15 to 30 days and hear up to 30 cases. Officials hope to extend
the project to other refugee settlements in Uganda to enable more
refugees to access speedier justice.

"Most of the courts are far away from the settlements, and refugee
complainants faced challenges of transportation for themselves and
witnesses," Charity Ahumuza, programme manager for access to justice
at RLP, told IRIN. "With the courts brought to them, the cost of
seeking justice is reduced. The courts will also reduce the backlog of
cases that exist of cases that arise in the settlements."

"Refugees have welcomed this initiative since it is about bringing
justice closer to them," John Kilowok, UNHCR Protection Officer in
Uganda, told IRIN.

Operational challenges

Experts say the project could face a number of operational challenges,
including a need for funding and a shortage of trained court
interpreters. Uganda has over 165,000 refugees from the Burundi,
Democratic Republic of Congo, Eritrea, Kenya, Rwanda, Somalia and
South Sudan.

"The settlements are far away, and distance in accessing the court is
likely to become a challenge. Language, too, will be a problem. The
service providers through UNHCR are conducting training for
interpreters to help in this issue," said RLP's Ahumuza. "The
sustainability of the courts, I believe, will depend on availability
of finances. However, the judiciary continues to face financial
constraints."

Angelo Izama, a Ugandan fellow at the Open Society Institute, says the
shortage of justice in the refugee settlements is a reflection of poor
access to justice across the country, a situation that needs to be
addressed.

"Improving the delivery of justice helps tremendously given that,
ordinarily, the severe case backlog makes matters worse for nationals
- let alone foreigners. The real crisis now is not providing refugees
and nationals in western Ugandan fast relief but filling the many
vacancies in the judiciary so that, nationally, justice is expedited,"
he said. "While justice processes improved on our side can help
communities - both Ugandan and foreign - live better governed lives,
the ultimate investment would be in improving governance across the
border."

"There is need for a holistic approach to look at the refugee issues
in Uganda. We have to look at policy, immigration and defence lawyers
for fair trials. Will the suspects have access to defence lawyers, or
will they be accorded with lawyers to defend them in court?" asked
Nicholas Opiyo, a constitutional and human rights lawyer in Kampala,
Uganda's capital. "Sustainability is a very crucial element in this
court... If they don't put good and proper systems to support this
court, it will be a waste of time and money."

so/kr/rz

[END]

This report online: http://www.irinnews.org/report.aspx?reportID=97903



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