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ACTIVITY REPORTS

THE ASSOCIATION OF WOMEN LAWYERS


To advance gender equality through the promotion of women's rights.

TECHNICAL SUPPORT TO SUBCOUNTY COURT


COMMITTEES
OF
Patiiko Sub-County
TH
On
11 05-2016

2016
STRENGTHENING ACCESS TO JUSTICE FOR WOMEN AND CHILDREN

INTRODUCTION

FIDA UGANDA is in the second quarter of project implementation funded by USAID-SAFE,


aimed at strengthening access to justice for women and children through innovative approaches.

In line with the project’s Specific objective which is To strengthen the capacity of the formal and
informal justice mechanisms to offer appropriate legal responses that advance accountability for
women and children’s rights. FIDA legal team build capacity of duty bearers in land
administration and mitigation of land disputes through trainings in Dispute Resolution, case
management and referral pathways and finally FIDA legal team also offer technical support to
the adjudication of land cases by the LCs and Sub county Court Committees.

This activity was to meant strengthen capacity of the duty bearers in Patiiko and OngakoSub-
county in Gulu District.

Objectives of the activity

 To gather information on how the local council leaders have been doing their work.
 To educate the local leaders on land laws and human rights and correct any areas where
they have been misusing their offices.
 To gather information about challenges they face, for guidelines meant to improve access
to justice for women and children in their areas.
 To empower the local leaders and to encourage them to continue conducting mediations
in order to avoid the bulk of land cases arriving in court.
 To ensure that the local leaders are well equipped with simplified laws and templates for
invitation letters and memorandum of understanding

The technical support was conducted at the Patiiko sub-county offices activity comprised
of 2 FIDA staff and other five (5) sub-county court committee members and below is the
list of the committee members.
Lists of sub county court commitee members who attended the meeting
No. NAME Age Contact TITLE SEX

1. Ocaya Inyiasco 59 0772396396 CHAIR PERSON M

2. Hellen Ocora 56 0778621890 VICE CHAIRMAN F

3. Atoo Florence 48 0773348769 COMMITTEE F


MEMBER
4. Oryem Mark 52 0781596558 COMMITTEE M
MEMBER
5. OPoka Micheal 48 0779750377 COMMITTEE M
MEMBER

FIDA staff who conducted the activity in sub county offices village are;

1. Akello Pamela Kamlega ( FIDA–U staff )


2. Ajok Lilian (FIDA-U staff)

Specific findings
The committee members stated that there are 3 parishes in patiiko subcounty which
include Rwot Obilo, Adak and Awoo nyim. The committee members operate in the entire
subcounty of patiiko.
They informed us that three members from the committee constitute the court quorum
with atleat a woman representative.
The members of the Sub-county court committees are elected from the different parishes
in patiiko Sub-county.
The committee members stated that their court is mainly an appellate court which hears
cases referred to it from the area LCII, which includes cases like land disputes, debt
recovert, domestic violence, simple theft and assault.
They informed us that they often refer criminal cases like defilement, rape, murder to
patiiko police post depending on the complainant’s needs because most of them prefer to
go to Gulu central police station.
They stated that land disputes are mainly among neighbors and family members who
often have claims on boundary trespass and land ownership and at times inheritances.
The Committee Members work together with the Rwot kweri, local council I, II and the
clan leaders of the place because community members value their presence during the
mediation since they know the Land boundary well.
The chairman stated that when a case is reported to their office, they often sit down as
team and the secretary writes an invitation letter to both parties scheduling date for
mediation instructing the parties to come with their witness (the respondent comes with
3withnesses) on the date scheduled for mediation. They also stated that a duration of
2weeks is given to the parties before the mediation in order for them to prepare their case.
They also stated the complainant pays a sum of shs.2000 for case registeration.
The committee members of sub county court of Patiiko after their resolution, both parties
are asked to sign in their books for record purpose.
They informed us that in circumstances where mediation fails the parties are referred to
the chief magistrate’s court. However before the clients are referred, they explain and
give reasons for the failed mediation to the parties and the minutes of their mediation is
given to them in order to help them in the courts of law.

FIDA ‘S INTERVENTION

FIDA Uganda provided IEC materials to inform leaders of land laws, a briefing about the
organisation and USAID, mediation templates, chapter four of the constitution, and a
format for invitations and memorandum of understanding.
FIDA -U advice the sub county court committee that they should have heart of their
community, need to referral land dispute case to FIDA –Uganda and other institutions
which the training conducted with them on referral pathways enlightened them on.
FIDA also advised them to try and follow up with the institutions the progress of the
cases or get an update from their community members.
FIDA -U advice the committee to use IEC material during their work in case of any
problem. And also refer to the laws they have been provided for guidance.
FIDA -U advice the committee should finds a way of copy of IEC material to all member
of the committee.

CHALLENGES

The sub county court committee of patiiko Sub County does not have stationary like files
for proper storage of their records.
They stated that they face a big challenge of rain distorting their materials and activities
when they go out to the field to conduct mediations since they don’t have raincoats and
gumboots.
The sub county doesn’t usually recognize their existence especially during the sub county
council meetings and also they are not facilitated in their activities.

General/Cross-Cutting Findings

These are common findings that were encountered in almost all the villages visited. They
include:-

 When a matter is reported, the chairman of the local council writes to the parties in
dispute and gives them two weeks to find witnesses to attend the mediation on the land in
dispute.
 Before land mediation is conducted or any meeting is carried out, there should be quorum
of five committee members present (3 men and 2 women).
 The majority of land cases reported is commonly land cases related to boundary disputes.
The other cases reported largely include inheritance rights, boundary disputes, land
grabbing, and trespassing.
 Criminal cases are often referred to police.
 FIDA received a number of cases referred to her for further follow up and mediation
where necessary.

RECOMMENDATION.

They stated that the chairman (LCIII) should facilitate their activities because a sum of
20.000shs is always paid at the sub county for land matters.
Stationary like pens, books, files should be provided to them in order to ease their
activities.
Gumboots, raincoats need to be provided to help them during rainy season.
Transport facilities like bicycles should be provided for them.
Patiiko subcounty should be divided into two forming another subcounty because of the
wide area of operation.

CONCLUSSION
The session with the sub-county court committees at the sub-county offices of patiiko sub-county
was a successful. They shared their views and thanked FIDA-Uganda for the training which
equipped them with skills and knowledge to handle their cases well. FIDA-UGANDA extends its
gratitude to USAID SAFE for the funding extended to her which has greatly benefited the local
leaders of the community.

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