Rights advocates are strongly urging Parliament to pass the Legal Aid Bill, a crucial step in addressing the issue of limited access to justice in rural areas.
This call to action took place during the National Dialogue, which centered on safeguarding procedural and constitutional rights for pre-trial detainees in Uganda, shedding light on the challenges and opportunities within the justice system.
The event was co-hosted by Advocates San Frontieres (ASF) in partnership with the Legal Aid Service Providers Network (LASPNET) Uganda.
Remarkably, it has been six years since the initial introduction of the National Legal Aid Bill, which aimed to offer free legal services to vulnerable citizens who cannot afford legal representation.
This bill had its first reading in 2020 but was subsequently dropped during the 10th Parliament under the leadership of former Speaker Jacob Oulanyah.
However, it was reintroduced in 2021, and a new National Legal Aid Bill was tabled in 2022.
Dr. Sylvia Namubiru Mukasa, Chief Executive Officer of the Legal Aid Service Providers Network, emphasized the pressing issue of numerous suspects remaining on remand without the completion of their trial processes.
She also pointed out that several districts, including Lamwo, Kaberamaido, and Kapchorwa, lack lawyers.
"You will find that lawyers are concentrated in Kampala, Mbarara, and Gulu, but they are scarce in those remote areas. The majority of people in prisons are poor and cannot afford paid services," she explained.
Experts emphasised the importance of passing the Legal Aid Bill into law, recognizing that it would enable the majority of citizens to access justice.
The core objective of the Bill is to regulate the provision of legal aid services by service providers in Uganda and grant legal aid to indigent, marginalized, and vulnerable citizens, ensuring their access to justice.
According to the Hiil Report of 2016, around 80 percent of Ugandans cannot afford the services of a private lawyer. However, Article 28 (3) (e) of the Ugandan Constitution guarantees the right to a fair hearing in courts of law.
This right to a fair hearing is compromised when an accused person does not have access to legal representation. Articles 21 and 28 also emphasize equality before the law and the right to a fair and speedy trial.
Once the Legal Aid Bill becomes law, George Musisi, a lawyer and managing partner at Pace Advocates, believes it will promote social justice for disadvantaged individuals, contributing to good governance and the rule of law.
Musisi pointed out that access to justice is a significant issue, not only in urban areas but especially in rural areas.
"The National Legal Aid Bill has been pending in Parliament for the last five years, and the government has yet to show the will to pass it," he expressed.
Musisi stressed that if the law is enacted, the government would be required to provide lawyers even in rural areas.
"Access to justice is a challenge in urban areas, but it is even worse in rural areas. Despite the efforts of the Judiciary to have more judges and courts extended to different regions, there are still challenges because the working methods have not changed," Musisi added.
Irene Anying, Country Director of ASF in Uganda, highlighted that pretrial detention continues to be a norm rather than an exception, which goes against both national and international legal frameworks.
The project's overall goal is to contribute to the realization of the rule of law in the administration of justice in Uganda.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
The specific objective is to protect and promote constitutional and procedural rights in the administration of justice, with a particular focus on detention situations.
According to a baseline survey conducted by Avocats Sans Frontieres (ASF) in partnership with the Legal Aid Service Providers Network (LASPNET), about 58% of suspects in Uganda spend 3-9 days in custody, while 31% spend between 10 days and 1 month in police cells.
The study also revealed that 5% of suspects are detained for up to 3 months without being brought before a court for trial.
The study further indicated that 63% of detainees were unaware of their right to apply for police bond, violating the supreme law of Uganda, which stipulates that suspects should not be detained for more than 48 hours without a fair trial.
The three-year project (2020-2023) aims to understand the correlation between the socio-economic status of detained individuals and the patterns of detention, including the reasons for arrest.
