Civil Society Engagement in the Justice System: What went wrong? Eunice Musiime Kataaha Ag. Director of Programmes Uganda National NGO Forum Plot 25, Muyenga Tank Hill Rd, Kabalagala PO Box 4636, Kampala, Uganda Office: / Cell: Fax: Website:

Introduction? What is Civil Society? Civil Society is made up of the media, local and foreign NGOs, community groups, faith-based organizations, professional associations, the lawyers and the people who work to support and achieve change within their own communities. Misconceptions about CSOs? Noise Makers Mouth Piece of Foreign interests Elite capture

What have CSOs Contributed to the Justice Sector ? Advocates for the poor by raising public awareness of issues and promoting debate Innovate in service delivery and championing reforms Humanitarian Relief Build local capacity through among others legal and human rights awareness Research and Analysis for evidence based alternative policy options Monitoring and reporting misconduct amplified by the media

How CSOs seek to Engage?

How Do CSOs Engage?

What Went Wrong? Or Why the limited impact? A changing political Context- The CSO operating environment is quite restrictive and to a great extent hinders ability to perform effectively-NGO Act, Media Bill, Police Act, Anti-terrorism Act, Interception of communication Act etc Justice sector sensitivities usually camouflaged as security concerns- “ Inform the police or seek permission” Independent Judiciary ?– Public Interest Litigation Hurdles- NGO Act constitutional Appeal filed in April 2009, CC heard the case and judgment is still pending contrarily other CA have been heard expeditiously Internal CSO Capacities

What Went Wrong? A changing political Context? Despite advances in political freedoms especially in the early 1990s and Early 2000s,a lot has changed The CSO operating environment is quite restrictive and to a great extent hinders ability to perform effectively-NGO Act, Media Bill, Police Act, Anti-terrorism Act, Interception of communication Act etc Further policy making are simply not transparent and open for CSO participation

What went Wrong? Justice sector sensitivities usually camouflaged as security concerns- “Inform the police or seek permission? ” Specifically on the Police and HURINET is coordinating a police accountability project that has raised the following The public has lost trust in the police due to the way police handle the matter of public order management. The police has been undertaking a review for the last 2 years and no report has come out yet. The over zealous officers within the force who adheres to the RDCs and follow their orders without question The manner in which the promotions are made some times discourage the old serving officers with experience but no promotions and the cadres within the force

Confiscation of Calendars?

What Went Wrong? Independent Judiciary ? Specifically on public interest litigation One of the tools that CSOs employ in their search for social change is instituting public interest litigation cases as a legal action brought to protect or enforce rights enjoyed by members of the public. It provides a strategic opportunity for the judiciary to engage on societal issues and allows the judiciary to take its rightful place in shaping the development of society. However the success of this tool has been mixed at best and at worst crippled by long delays and dismissals based on procedural technicalities. A consortium of NGOs under the leadership of HURINET lodged a plea to the Constitutional Court in April 2009, to declare some sections of the NGO Act and its attendant regulations unconstitutional judgment is still pending and yet other CA have been heard expeditiously

What went Wrong? Internal CSO Capacities While the above mentioned challenges are external to CSOs and probably we may not have much influence over how they are resolved. Internally CSOs continue to grapple with adhering to internal accountability and transparency measures and procedures. Several CSOs continue to operate outside their stated mission, are not value based and not connected to their constituency. However an NGO quality assurance certificate mechanism intended to help NGOs live and practice ethical standards has been developed and is being promoted. We are also strengthening our evidence based for better advocacy Strengthening our collaborations- The power of Networks

What can progressive policy makers do? Develop and implement a JLOS-CSO Engagement Strategy- that would include undertaking a mapping to identify NSA that support JLOS- both at National and sub national Provide for more equal participation for CSOs especially at decision making structures Need for a courageous judiciary that will support citizens Support for the opening up of political contexts

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Food for Thought! Martin Luther King Jr. “ Cowardice asks the question, “is it safe?” expediency asks the question “is it politic?” Vanity asks the question, is it popular?” But conscience asks the question, “is it right?” and there comes a time when one must take a position that is neither safe nor politic nor popular but one must take it because one’s conscience tells one that it is right.”