ACCESS TO JUSTICE: BRAINSTORM, UGANDA 2024

Challenge and Discussion: The ProL team offers representation and assistance to individuals accused of
acts of violence, specifically men engaging in gender-based violence. We must change the status quo!

What are the fundamental principles we want to uphold as Protection Rule of Law and Women’s
Protection and Empowerment?

 Survivor-centered approach
 Feminist Organization
 Human Rights Centered Approach
 Presumption of Innocence
 Equality before the law
 Due Process
 Do No Harm

Why do we provide representation to accused perpetrators?

Presumption of Innocence
Fairness and due trial process for the perpetrator.
Protecting the rights of the accused/ perpetrator.
Preventing Miscarriages of Justice to the Perpetrator.

What are the key risks of providing Legal Representation to Accused Perpetrators?
• Is there a conflict of interest?
Yes, there is a conflict of interest, WPE seeks for protection of the survivor and that the perpetrator is
fully prosecuted. Whereas the PRoL ensures that the accused perpetrator is given an opportunity to
defend him/herself. ProL applies a human right cantered approach.
• How does this impact the perception?
• How does it impact inter-sectoral relationship between WPE and ProL
It creates a conflict of interest internally among the sectors. There is a presumption that WPE is “a
survivor centered” and that ProL is presumed to be “perpetrator-centered”. However, both WPE and
PRoL provide support to the survivors.

Who is those most at risk?

Who is the most at risk of not accessing justice?
Gender, language and disability, and displacement Status.

What legal issues are creating the greatest risk of harm

 Interim orders that increase harm to the survivors, for example, police bond, Court bail.
 Conflict of interest from the perpetrator`s family members. Fear of retaliation from the
perpetrator. A survivor faces coercion by the perpetrator to withdraw the case.
 The survivor is forced to provide food to the perpetrator during the detentions at the police
posts.
 Phobia by the survivors and witnesses to go and testify in court against the perpetrator Support
from the Social workers to provide counseling to the survivor during the trial process
  Police officers asking for money from the complainants in the name of administering the
investigation.

Are there individuals with specific profiles that are at greater risk of not accessing justice or not
receiving fair decisions?

Gender, language and disability, and displacement Status.

How do we avoid duplication?

Proper case management through coordination, case conferences, and referral among the WPE, ProL
and Legal sectors.

Is it safe to support all cases?

Yes, it's safe to provide support in all cases. Ultimately, the decision to support a protection case,
including those involving accused perpetrators, requires careful consideration of both WPE and ProL
(legal sector). For political or security-related cases, UNHCR or OPM are involved to provided further
supports.

Do we have the expertise?

There are expertise in women protection and empowerment, and legal protection that includes lawyers,
social workers, and community and protection workers.

Will it be harmful/conflict of interest to IRC?

Ther is a potential of conflict of interest, however, IRC ensures a mitigation to that effect, through
outsourcing the thrith party/ partners (such as ULS, UGANET) to provide legal support to partners. The
principle of confidentiality for the survivor is maintained by the UGANET/ ULST lawyers.

How can we have the most impact?

 Coordination among the WPE and ProL teams.

 Legal team develop a safety plan for the survivor in handling cases.

Potential Options?
Option 2
• IRC Legal teams do not provide support to perpetrators but can outsource other partners to
provide the legal support to partners