Human
rights violations is wide spread across many countries, and to a great extent,
this is an impediment to development and the attainment of the Millennium
Development Goals. This threatens the
rights and well-being of humans and can only be eliminated by promoting respect
and observance of human rights, and ensuring that the victims of human rights
violations receive redress/ justice. Available programme data indicates that a
significant number of individuals suffer from violence in silence with little
or no recourse to justice, care or support.
Fear, shame and stigma among others have often prevented human rights
victims especially women and children from seeking assistance or taking action
against perpetrators – husbands, relatives and friends among others. In most situations,
perpetrators evade prosecution due to a combination of weak laws and judicial
processes that fail to hold them accountable; social and political disorder;
and lack of impartiality or functioning of judiciary or police. This impunity
sends a message that abuse of human rights is partly acceptable or the norm
reinforces inequalities as well as being a denial of justice[1].
The word referral means to recommend someone to
consult the professional person referred to. It can also mean the act of
forwarding someone to an appropriate person or institution for help. The referral system has among others proven an
effective model in addressing limited access to justice by the human rights
victims. In this case, cases of human
rights abuses are reported to the responsible authorities for further action
depending on the gravity of the case to ensure justice is granted.
This process
is facilitated and or guided by community resource persons commonly referred to
as paralegals, volunteers, reflect facilitators, human rights activists or watch dogs. Community
resources persons are individuals identified within communities and trained on
human rights; the different types, forms of abuses, reporting and redress. These
in turn support the community to know their rights, where and how to report
cases of human rights violation. The rationale for developing and using
referral systems is to promote a holistic approach to supporting victims of
violence through a range of services including physical safety and shelter,
legal, health and social services, and psychosocial counseling. They may also
include links to services that further the victim’s economic empowerment.
In the bid to address this
challenge of limited access to justice, Independent Development Fund (IDF)
through its Grantees identified, and supported community based resource persons
that provide (d) legal support, referrals and follow up rights violations for
redress especially for the poor and marginalized populations (children, women, widows and the elderly,
juveniles and other vulnerable groups) in the different project areas. Additionally, the funded projects also
support and work with the local leaders, Police, Prison Officers and judiciary
to provide legal support and guidance on the operation and functionality of the
justice system.
How it works:The resource persons educate/sensitize the community on their human rights, forms of rights abuses and how to deal with the abuses/violations; that is, how and where to report. The victims in return share their ordeals with the community resource persons who record them and later provide advice and guidance on where to report depending on the violation. They then support the victims to file their cases with the respective concerned authorities and in most cases follow up the cases until a logical conclusion is reached.
For example IDF supported Grantees from different project locations referred 9841cases of human rights violations to authorities during the period July 2013 to May 2014.
How it works:The resource persons educate/sensitize the community on their human rights, forms of rights abuses and how to deal with the abuses/violations; that is, how and where to report. The victims in return share their ordeals with the community resource persons who record them and later provide advice and guidance on where to report depending on the violation. They then support the victims to file their cases with the respective concerned authorities and in most cases follow up the cases until a logical conclusion is reached.
For example IDF supported Grantees from different project locations referred 9841cases of human rights violations to authorities during the period July 2013 to May 2014.
Precisely, the IDF
supported projects have worked to increase access to justice and observance of
the rights of women, children and vulnerable persons in conflict with the law.
This was a result of the increased civic awareness and consciousness on the existing laws and procedures of accessing justice and rights
protection for human rights abused victims. This has further contributed to observance
of the rights of the poor and vulnerable persons, including decongestion of
prisons and children in remand homes.
IDF Grantees that greatly contributed to
this are World Voices (WVU),
Guu
Foundation Community Based Rehabilitation (GUFO), Uganda Community
Based Association For Child Welfare (UCOBAC), Community Awareness And
Response On Aids (CARA), Companionship Of
Works Association (COWA), Hope after Rape (HAR), African Prisons
Project (APP), Gulu Women Economic Development & Globalisation (GWED-G), Africa International Christian Ministry (AICM) and Youth And Women
In Action (YAWIA).
In Lira, GUFO working with Reflect Facilitators in the three hard
pressed sub-counties of Amach, Aromo and Ogur were able to address 34 land
conflicts and violent evictions. As a result the previously affected women are
in position to testify to ownership of the land.
CARA, another IDF Grantee
also notes that as per the baseline findings at the start of the Human rights
project in 2011, people were ignorant on the channels of reporting or handling
human rights violations; i.e only 10 cases of women rights violations had
been reported in a period of 3 months, however by the end of
the project Arpil 2014 there was an increase in the number of cases reported on
human rights violations. Graph
representing the trend in reporting of cases of violence against women
At least 80% of the community members and the
children had known where, how and when to report what conflict. Through capacity enhancement of police and prisons on
the operation and functionality of the justice system, IDF has noted an
increase in the number of prisoners getting bail in Apac and Oyam prisons, thus
leading to the prisons getting decongested.
The IDF Grantee (APP) implementing the “Promotion of the rights of access to justice and
healthcare of prisoners in Oyam and Apac districts” project documented a total 314 (285 Males and 29 females) inmates that had secured
Bail, had their
cases dismissed or given community service in the 8 prisons. They also succeeded in securing sureties for 265
inmates between December 2013 and April 2014.
In the case of the juvenile
offenders, COWA implementing the “Promotion of child rights through advocacy, legal support
and education” project in Wakiso district has contributed to access to justice through
the collaboration with the remand homes and the community where the juveniles
come from. Approximately 32 juveniles (30Males,
2 females) have been helped out of the Naguru remand home between March and
April 2014.
Distribution of referrals per thematic focus
Conclusively, the use of the
referral model has contributed to the increase of civic awareness on human
rights and channels of reporting human rights violations, which to a great
extent has led to the reduction in the number of human rights violation cases.
This suggests that the use of the referral model has the potential to increase
access to justice, respect, fulfillment and observance of human rights
particularly at the community level justice, respect, fulfillment and observance
of human rights has increased.
