Following the designation of COVID-19 as a pandemic in March, many countries, including Uganda imposed restrictions on movement to stem the spread of the deadly pathogen.
Exceptions have been made for those whose work is deemed essential, permitting them to continue leaving their homes. These include medical practitioners, law enforcement and a selection of public servants.
The omission of lawyers has deprived scores of much needed legal representation and judicial services.
Without lawyers many people were being arrested and not getting adequate representation because their lawyers were not allowed to work. Statistics obtained from prisons showed that one week into enforcement of the lockdown, inmate population had sharply risen by 2,000 new entrants who had been remanded for mainly going against the directives of curfew and lockdown.
Women's Plight Uncovid! (Pun Intended)
Disproportionately, the bulk of the victims has been women. Many women have found it difficult and impossible to access justice during this pandemic and yet the injustices inflicted against them in this period have been on the rise.
We’ve seen the horrific footage in which an elderly woman, Ms Lucy Anek was being beaten by her nephew. The video went viral and Uganda Law Society Legal Aid Clinic staff were able to track down the woman and offer her the legal help she needed. However not all women are as lucky as Ms Lucy Anek, their distress and injustice is not documented and these women are suffering in silence with no one to come to their legal aid and rescue during this lockdown.
There have been numerous cases reported of women facing a lot of domestic violence at home due to their abusive partners staying home all day and taking out their frustrations on them. During the first fourteen days of lockdown, Uganda police recorded 328 cases of domestic violence.
The police also recorded 102 other cases of child abuse or neglect in the country; these numbers continue to rise each day. The New Vision published a story on 9th May 2020 about a man identified as Yasin who was on the run after hacking his wife and two biological sons aged 4 and 7years to death. Yasin strangled his wife and two biological children and wrapped them in separate polythene bag. The police stated that from the findings of the investigations, the likely cause of murder was domestic violence.
Rape and defilement cases have also been on the rise during this pandemic. Many girl children are home alone with child molesters and predators who abuse them constantly. Unfortunately because of the preventative measures of the lockdown it has made it difficult for women to report some of these cases to police. An article published on the UN Women Africa website reported that Lagos had experienced an increase in defilement cases and there is a growing concern that the lockdown will lead to an increase in rape and other forms of sexual violence as survivors remain in close proximity with perpetrators over a prolonged period of time.
Due to the restriction in movement by banning both public and private transport, some women have found it difficult to move long distances to report such crimes; this is especially true for the elderly women who do not necessarily have the physical strength travel to their nearest police stations or local courts.
The Legal Environment
The suspension of hearings has also greatly affected access to justice for the marginalized. Most family disputes are settled in Local Council courts however due to suspension of these hearings, women can no longer run to their local courts to settle dispute or seek refuge, this leads to disputes being settled at home where arguments get heated and lead to violence or worse, murder.
How can Uganda and the Continent address the situation?
Access to justice for the marginalized must be treated as a priority. This means measures must be taken to make it easier for women and other marginalized groups to be able to access justice and other legal services.
Governments should list the justice sector and law practitioners as essential service providers during this pandemic. Countries such as Kenya have included lawyers as essential workers during the COVID 19 lockdown. On April 16th, 2020 the High Court in Kenya delivered a judgement where it ordered the Nairobi establishment to quickly include lawyers on the list of “service personnel or workers”. The Kenyan presiding judge, Weldon Korir, justified his decision to order for the inclusion of defenders and upholders of the rule law on the list of essential workers so that they can be extra vigilant when the State is exercising emergency powers and offer legal aid to those in need.
Uganda soon followed suit by recently adding Lawyers as essential workers, though they limited the number of lawyers to only 30 per quota. This did not sit well with the 3500 advocates in Uganda and many of them were quick to protest. The Uganda Law Society responded to the request for 30 lawyers urging the Government to let all the advocates be listed as essential and not limit their numbers.
Though the number of lawyers is limited to 30 per quota, having them listed as essential service workers is still a step in the right direction. Lawyers being able to work, move and offer their services especially in hard to reach areas will make it easier for them to reach victims of abuse, clients who have been imprisoned and are in need of representation for bail hearings and any other groups of people in need of legal aid.
ULS Legal Aid Project Interventions
The Uganda Law Society through it's Legal Aid Project and with the help of Development Partners and the Advocates has provided toll free helplines for this effort. They have also run various awareness campaigns on gender based violence. A multi sectoral justice task force has been set up in different parts of the country with the Project liaising with Pro Bono Lawyers, Prisons, Police and the Judiciary to ensure that there is a quick remedy to these many injustices.
Leave No Woman Behind.
Courts should treat gender-based violence cases as priority cases (Urgent matters) during this period, for example domestic violence and those related to sexual abuse, defilement.
Establishing temporary safe havens where women seeking justice can go for refuge, a number of organizations in Uganda are currently offering legal services and counselling to women facing Gender based violence, examples include; Reach a Hand (young people for young people), FIDA Uganda and Nyonga Women’s Shelter.
Access to justice is crucial for most women and marginalized groups, particularly in a time as this. Governments should look into how to make it easier for women in need of justice and legal services during this pandemic to get access to the same.
“Justice will not be served until those who are unaffected are as outraged as those who are” Benjamin Franklin
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