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THE SPOTLIGHT HRAPF’S WORK AIMS AT ACHIEVING EQUALITY, NON-DISCRIMINATION, AND ACCESS TO JUSTICE FOR THE MOST AT RISK POPULATIONS AND MARGINALISED PERSONS IN UGANDA

Dear Reader

We are delighted to present to you the Fifth Issue of the Spotlight Newsletter! This issue contains highlights of our activities for the fourth quarter of 2021 from 1st October 2021 to 31st December 2021. This quarter marked the end of another exciting and challenging year, 2021.

HRAPF implements its activities under four main programmatic areas: Access to Justice; Research and Advocacy; Community Capacity Enhancement; and Institutional Development.

Our interventions during the quarter were hinged on the above mentioned programs and their strategies. We hope that you enjoy reading this edition of The Spotlight!

LEGAL AID SERVICE PROVISION

HRAPF handles cases through the following channels: the main legal clinic at the HRAPF secretariat in Kampala; the Eastern regional legal aid center hosted by HOPE Mbale in Mbale; the Northern regional legal aid centre hosted by Health and Rights Initiative in Lira; and the western region legal aid centre hosted by Mbarara Rise Foundation in Mbarara; and at the legal aid desks - the one for LBQ women hosted by Freedom and Roam Uganda (FARUG) in Kampala and the one for Transgender/Gender non-conforming persons hosted by Tranz Network Uganda (TNU) in Kampala, and the HRAPF satelite office in Bidibidi refugee settlement in Yumbe district. The other cases were handled by community paralegals under the guidance of HRAPF lawyers.

During the fourth quarter, a total of 497 cases were received and handled under HRAPF. 154 cases were handled at the legal aid clinic in Kampala, 277 cases by community paralegals under the guidance of HRAPF lawyers, 47 cases were handled by the regional legal aid centers, 11 cases handled at the Bidibidi refugee settlement in Yumbe and 8 cases were handled at the specialised legal aid desks.

The cases can be categorised as follows: 266 cases involving sex workers; 99 involving persons who use and/or inject drugs; 85 concerning LGBTI persons; 34 Persons Living with HIV/AIDS, 11 cases survivors of Gender Based Violence from the Bidi Bidi refugee settlement; 1 case of charges under the laws criminalising abortion; and 1 case of an indigent person with land justice issues.

The cases handled benefited a total of 745 persons as follows: 400 Sex workers; 112 Persons living with HIV; 115 Persons who use and inject drugs; 99 LGBTI persons and organisations; 11 Survivors of GBV; 5 persons facing charges under abortion laws; and 3 Persons with land justice issues.

HRAPF lawyers and paralegals provided the clients with different services including: court interventions, police interventions, legal advice, alternative dispute resolution, securing plea bargains and court representation.

During the quarter, we also recorded 60 incidents of human rights violations faced by our clients. Of these sex workers suffered 28 violations; LGBT persons suffered 24; and Persons who use and inject drugs suffered 8. The most prevalent human rights violations were of the: right to freedom from discrimination - 16; right to freedom from cruel and degrading treatment - 14; right to liberty - 7; the right to privacy - 6; the right to property - 5; the right to life- 2 and the right to freedom from inhuman and degrading treatment - 2.

During the quarter, HRAPF responded to cases involving security emergencies involving our target communities. A total of 17 cases involving safety and security emergencies of LGBTI persons were responded to in different parts of the country. In all these cases, we conducted verification of security incidents and provided feedback and referrals to donors and crisis shelters to enable them appropriately respond to the security crises in the community.

We also conducted 4 security trainings with Civil Society Organisations working with Key Populations in Gulu, Mbale and Arua cities.

HRAPF operates a toll free helpline for the legal aid clinic through which clients can contact us in case of legal assistance and advice and case follow up. During the quarter, a total of 26 cases were handled through the toll free line.

ENGAGING WITH INFORMAL JUSTICE SYSTEMS

HRAPF aims to work with local council leaders and traditional leaders to ensure that violence and discrimination against marginalised persons in the communities where they live are eliminated and/or redressed.

During the quarter, we worked with local council leaders from Nyendo- Masaka and Kawempe to handle two cases involving our clients

HUMAN RIGHTS AWARENESS IN THE COMMUNITY

During the quarter, we conducted 4 mobile legal aid camps in Bweyale, Mbale, Busia and Sironko. The camps were organised for sex workers and LGBTI persons. We also conducted a total of 4 awareness sessions reaching out to 82 LGBTI persons and 39 female sex workers in Mayuge, Lungujja, Gulu and Wakiso. As part of our interventions with refugees in the Bidi Bidi settlement camp, we conducted 4 SRHR awareness sessions with refugees and LGBTI persons from the settlement camp

We also conducted 8 online paralegal sharing sessions reaching out to a total of 81 paralegals working with LGBTI, Sex worker and PWUID communities. Four community paralegals serving sex work communities in Nakulabye, Bwaise, Kasensero and Ddimo were also supported to conduct outreach sessions. These interventions were aimed at creating safe spaces for the paralegals and the communities they serve to share their experiences, wins and challenges and areas of support required with regards to their access to justice needs.

Community paralegals were also facilitated to handle a total of 277 cases during the quarter. 193 of these cases involved sex workers, 74 cases involved Persons who use and inject drugs and 10 cases involved LGBTI persons. The actions taken by paralegals in handling these cases directly benefited a total of 405 persons.

We also conducted a community dialogue with health stakeholders on the right to health for sex workers and LGBTI persons in Ntungamo

COMMUNITY PARALEGAL TRAINING PROGRAMME

PARALEGAL TRAININGS

During the quarter, we conducted two paralegal trainings for paralegals serving Persons Who Use and/or Inject Drugs (PWUIDs), and the MSM community. A total of 12 PWUIDs, 12 MSM paralegals were trained. The training focused on the roles of a community paralegal, the skills of a community paralegal, the role of paralegals in monitoring and documentation of human rights violations, concepts of the law in Uganda as well as the structures of law enforcement, the judiciary in Uganda and other key bodies in the legal system of Uganda.

SUPPORT TO PARALEGALS TO FURTHER THEIR STUDIES

During the period, two paralegals from the LGBT community were supported to continue their studies at the Law Development Center in order to obtain a Diploma in Legal Practice and one other paralegal was supported to continue pursing a Bachelors Degree in Law at Cavendish University.

WORKSHOPS AND TRAININGS FOR DUTY BEARERS ON HUMAN RIGHTS AND MARGINALISATION

The promotion and protection of human rights for all requires engagement and inclusion of various stakeholders. Therefore, during the quarter, we engaged with various duty bearers. These engagements were aimed at creating more awareness on human rights based approaches as well as the effects of marginalisation on the observance of human rights for marginalised, vulnerable and most at risk populations

POLICE TRAINING ON HARM REDUCTION

HRAPF held a workshop for Police officers on harm reduction and the the rights of persons who use and inject drugs in Uganda. The workshop covered provisions of the Narcotic Drugs and Psychotropic Drugs Act and the Standard Operating Procedures for law enforcement officers during narcotics investigations in Uganda. The officers were also introduced to the concept of a human rights based approach towards enforcing narcotics laws in Uganda.

Acting Commissioner Narcotics Unit of the Uganda Police Force, Tinka Zarugaba facilitating at the harm reduction training

AWARENESS SESSIONS ON THE POLICY AND LEGAL FRAMEWORK ON ABORTION IN UGANDA

Research findings from a study conducted by HRAPF on the Implications of Criminal Abortion Laws on Girls, Women and Health Workers in Uganda found that the enforcement of criminal abortion laws in Uganda is done to harass the accused rather than to prosecute. The study also found that there are significant human rights violations faced by women, girls and health workers in the process of enforcing these laws. Therefore, during the quarter, HRAPF had a number of interventions with Police, health workers, university students and adolescent girls and young women on the legal and policy framework on abortion in Uganda.

During the quarter, we conducted 3 awareness sessions with police officers on the policy, human rights and legal framework on abortion in Uganda. The awareness sessions reached out to a total of 92 police officers. One of the outcomes from the awareness sessions on abortion was the attitude change exhibited by some of the police officers who noted that their approaches towards handling cases of women and girls in contravention with abortion laws would take on a human rights based approach. In some districts, the police officers have reached out to HRAPF to handle cases on abortion that were pending in their respective stations.

Health workers play a very important role in the safe abortion equation. However, due to the uncertain legal regime, they are often scared away from providing safe abortion services and even, in some cases, post abortion care. HRAPF reached out to 126 health workers with information on legal and policy framework on abortion from Kaliro, Namutumba, Namayingo and Bugweri districts.

DIALOGUES WITH UNIVERSITY STUDENTS ON THE LEGAL AND POLICY FRAMEWORK ON ABORTION

In collaboration with Medical Students for Choice (MSFC) HRAPF conducted five dialogues reaching out to 557 university students from Makerere, Busitema, Gulu, KIU-Ishaka, and Mbarara School of Science and Technology universities on the legal and policy environment on abortion. The participants were taken through a Values Clarification session as well as sessions on the legal and policy environment on abortion, myths and misconceptions on abortion as well as other aspects of their Sexual and Reproductive Health and Rights.

TRAINING FOR JOURNALISTS ON MARGINALISATION

HRAPF conducted a training workshop with journalists on the concept of marginalisation. The participants were taken through sessions on various issues like; marginalisation and employing a human rights based approach to reporting on issues of marginalised groups, a human rights based approach to reporting

INSTITUTIONAL SUPPORT TO MARGINALISED AND MOST AT RISK GROUPS

One of our mandates is to offer legal support to organisations that serve most at risk and marginalised populations through enabling them to meet statutory obligations like organisation registration, filing annual returns as well as filing resolutions to open bank accounts.  During the quarter, 28 KP organisations were assessed on their needs as regards compliance with legal requirements.

During the quarter, HRAPF in partnership with the Anti-Narcotics Department of the Uganda Police developed Standard Operating Procedures for narcotics investigations in Uganda. The SOPs are a tool kit that will harmonise the implementation of the Narcotic Drugs and Psychotropic Substances Control Act (NDPSCA) in a way that promotes Harm reduction services and takes stock of the human rights-based approach towards policing drug users in Uganda.

LOBBY MEETINGS WITH DUTY BEARERS ON THE IMPACT OF THE SEXUAL OFFENCES BILL ON KEY POPULATIONS IN UGANDA

Punitive and discriminatory laws such as the Sexual Offences Bill, 2019 have adverse effects on the access to healthcare services and also increase the vulnerability of marginalised groups as health care services provided are neither of good quality nor are they readily available, accessible and acceptable. Furthermore, the misinterpretation of discriminatory laws occasions extremities in their enforcement.

Therefore, during the quarter, in partnership with Lady Mermaids Empowerement Center and the Uganda Key Populations Consortium, HRAPF conducted lobby meetings with Members of Parliament from various committees, the Ministry of Health and the Uganda AIDS Commission on the likely impact of the Sexual Offences Bill, 2019 on the health and access to justice needs of Key Populations in Uganda.

SUPPORT TO LGBTI SRHR CHAMPIONS TO UNDERTAKE ADVOCACY

Four champions were supported to conduct regional SRHR advocacy. HRAPF supported four organisations namely; Foaster Foundation, Queer Women Leaders Uganda, Watermelon 2017 and Lived Realities Uganda to conduct advocacy on Sexual Reproductive Health and Rights for LGBT persons with Key Stakeholders in their respective regions.

REGIONAL AND INTERNATIONAL ADVOCACY

DISCUSSION ON THE STATE OF LGBT RIGHTS IN AFRICA

HRAPF was part of a panel discussion organised by the International Bar Association on the legal developments in the struggle for LGBT rights in select jurisdictions in Africa, along with a discussion of particular challenges and obstacles, both legal and societal, to LGBT expression in Africa.

REGIONAL CAMPAIGN TO DECRIMINALISE PETTY OFFENCES IN AFRICA

HRAPF co-convened a panel discussion with the International Commission of Jurists, Pan African Lawyers Union on the Decriminalisation of Petty Offences in Uganda at the 26th Annual East African Law Society Conference in Zanzibar from 25th to 27th November 2021 and showcased its documentary on the criminalisation of petty offences in Uganda

PARTICIPATION IN THE 69TH ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLE'S RIGHTS (ACHPR)

During the quarter, HRAPF participated in the sessions of the ACHPR and presented a statement to the commission on the human rights situation for marginalised persons in Uganda. Read the full statement here

RESEARCH

During the quarter, we commissioned a number of researches and reports on a wide range of issues that affect our key constituents. The following are the researches that were undertaken during the quarter;

  1. Assessing the access to justice needs of women who use and inject drugs in Uganda
  2. A study on the opportunities to enhance access to harm reduction measures for people who use and inject drugs within the criminal justice system in Uganda
  3. Regional advocacy strategies on access to SRHR services for LGBTI persons in Uganda
  4. Standard Operating procedures for law enforcement officers during narcotics investigations in Uganda
  5. The 2020 Annual Sex workers violations report
  6. The 2020 Annual SOGIE violations report

LEARNING RESOURCES

Follow the links below to read all the statements, reports, studies, analyses and researches we published this quarter.

DOCUMENTARY ON THE IMPLICATIONS OF PETTY OFFENCES IN UGANDA

On 21st November 2021, HRAPF broadcast the documentary on the implications of Petty Offences in Uganda on NTV Uganda. Watch the full documentary here

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Created with images by CQF-avocat - "justice right legal" • Hermann - "books literature knowledge"