Monday, January 10, 2011
STF Report Nov 2010
Legal Integrity Education Network-
LIEN
Uganda
| Students Focal Point Report -November 2010 |
1.INTRODUCTION:
In February 2010, the Legal Integrity Education Network – LIEN Uganda- a pilot project funded
by TIRI was initiated. This project seeks to promote integrity in the justice system of the country
and empower the civil society through;
Community sensitization,
Training of Local courts,
Pilot court projects and
Legal training on professional responsibility
The project has had a consistent progress in the involvement of all the partners so as to realize its
objectives. Thus in the first phase of its strategic plan it targeted the involvement of law students
in the Pro-Poor Integrity (PPI) programme carried out by TIRI and the sharing of knowledge
about PPI programme in different arenas.
The above programme was expected:
Facilitate building of a new generation of legal practitioners and court staff who have an
active role in the implementation of the process of rebuilding the integrity and
trustworthiness of the legal profession and justice system.
Enhance integrity competence in continuing development for legal practitioners and
judges.
Empower citizens and court users to claim and defend their right to have a local justice
system based on integrity, fairness, transparency and freedom from corruption.
Produce graduates who are more resistant to the contamination of corruption and
negative societal pressure at the workplace.
Effective instruction in areas of ethics, integrity and professional responsibility.
This report therefore presents an update of the performance of the lien project. It is compiled by
the Student Focal Points (SFP)- Yovani, Jesse and Zakaria, students of law at Uganda Christian
University and it aims at providing information to all the partners on the key achievements and
progress of the project in line with the proposed activities in the strategic plan. It will be noted
that despite the existence of a few stumbling blocks, the present progress is a good indicator of the
greater success to be realized in the long run. It is our hope that this report will be an inspiration to
all those that have injected their resources and energy into ensuring that this project is a success
and will as a result encourage them to inject more resources and energy into this noble cause. The
report begins with a word from Brian Dennison the lecturer behind the progress of the Tiri pilot
project in UCU and then gives reports of Student Focal Points on the progress of the project and
other activities related to Ethics and integrity in the university.
Legal Integrity Education Network-
LIEN
Uganda
CONTENTS OF REPORT:
1.
Introduction (by Yovani Manyali)
2.
A report from Brian Dennison on progress of the Integrity Course and Student
Clinical Activities
3.
A story on Integrity Conference at UCU (by Zakaria Tiberindwa)
4.
A story on Local Council Training by International Law Institute (ILI)( by
Jesse
Mugero)
5.
A story on the public lecture on legal integrity by Justice Kanyeihamba (by Zakaria
Tiberindwa).
6.
A story on the UCU Law Alumni Dinner (by Zakaria Tiberindwa)
3. Students advised to do more and talk less on
corruption
“Do more, talk less” was the message that the Commissioner General of
the Uganda Revenue Authority, Allen Kagina carried for students that
attended the integrity seminar of the Africa Challenge Foundation.
Kagina was speaking at the second annual integrity seminar at Uganda
Christian University on Friday 15th October 2010.
“My suggestion to you students is that you do more and talk less if
you are to fight corruption as you may wish to” Kagina told students
in reaction to accusing complaints raised by some students against the
government that blamed the government for largely contributing to the
perpetuation of this detestable vice in the country.
“The people who make a difference are not those who merely talk but
those who do something” Kagina emphasized.
However the Former Minister of Ethics and Integrity, Miria Matembe
applauded the students for expressing what they felt on the vice of
corruption in the country.
“I want to thank the students for letting out the steam” Matembe said
amidst ululations of students
“That venting out of anger reflects what is happening and that is good for
our country.”
Nevertheless Matembe was quick to suggest that the students should
adopt both “proactive and reactive” methods to fight the vice noting
that the greatest responsibility to change the image of the country in
light of the high levels of corruption in the country lay on the
students.
“Our generation has messed up the country but you the young people
have no right not to change things from the state in which they are,”
the former Minister said.
The Director of Education and Prevention of Corruption in the office
of the Inspector General of Government Jules Rwereeza emphasized the
fact that the fight against corruption is not for one or two people in
the government but a venture that requires concerted effort.
“Fighting against Corruption is a duty for all of us because it
affects us all anyway and once we realize this, it is then that we
shall realize how much of a duty we all have in the fight against
corruption,” Rweereza said.
He also urged students to uphold integrity as a means of building
their character.
“I have always told students that integrity is what will define you
after you have left university. It is not the academic papers but your
level of integrity." Rwereeza asserted
The Africa Challenge Foundation also awarded some leaders in Uganda's
social, political and religious circles for upholding integrity. Some
of the leaders that were awarded included the Chaiperson of the Public
Accounts Committee Nandala Mafabi, the Commissioner General of URA,
Allen Kagina, the Inspector General of Police Kale Kayihura the Head
Pastor of Watoto Church Garry Skinner and the Former Minister of
Ethics and Integrity Miria Matembe.
The people awarded for integrity by the foundation were chosen by
students from 22 universities in Uganda through filling in
questionnaires in which the students were required to name the people
that they thought had a high sense of integrity in the community.
The Founder Member and team leader of the foundation, Ivan Atuyambe said that they put up such awards such that they would
show the students that there are people out there that have integrity and whom students should look up to such that they too can
equally be people of integrity.
The seminar attracted over five hundred students from over five universities amongst which were Uganda Christian University,
Nkumba University, Kampala International University, Mbarara University and Gulu University among others.
4. More Ugandans to get justice as a result of the PPI
programme
The International Law Institute-African Centre for Legal Excellence (ILI-ACLE) is implementing the Pro Poor Integrity
programme which is funded by UK‟s Department for International Development. ILI-ACLE was engaged in this programme by
TIRI. In the implementation of Phase I of the PPI programme in Uganda, ILI-ACLE has worked in collaboration with several
partners including the Uganda Debt Network; the Makerere Centre for Applied Ethics; the Foundation for Human Rights
Initiative, and Uganda Christian University (UCU) Clinical Class students. As a result, ILI-ACLE has become a partner of the
judiciary working to improve service delivery in the Local Council Courts to enable their proper functioning and integrity thus
availing justice for the poor. Mugero Jesse spoke with Miss Neha Pandya who serves as the Director-Programmes and Special
Projects of the institute about ILI-ACLE and how far it has gone with implementing the PPI programme in Uganda. And here is
the content of their discussion.
Jesse
:
May I request to know, who Miss Neha Pandya is?
Miss Neha Pandya :
I am an Indian who was born in the U.S.A. I am a lawyer by profession. I received my Juris Doctorate from
Temple University James E. Beasley School of Law, Philadelphia, PA, a bachelor of Arts degree in Economics
and Metropolitan Studies, cum laude from New York University, New York, I believe in using the law as a
tool of empowerment for our society.
Jesse
:
I guess you have been working with ILI-ACLE for some time. What prompted you to work with ILI-ACLE
and particularly in Uganda?
Miss Neha Pandya :
I work with ILI-ACLE because of what it stands for, more so its values such as commitment to building
sustainable legal systems in countries where it operates. It does this through training programs for instance the
training programs for local council courts in Uganda. I chose Uganda in particular because the first country I
visited in Africa was Uganda in the summer of 2006 while studying law.
Jesse
:
I understand ILI-ACLE is implementing the PPI programme. What is the objective of that programme?
Miss Neha Pandya :
The principal objective of PPI programme is to ease access to justice for all people especially the people at the
grass roots. That is why emphasis is put on training local council members because they are the ones who
enforce justice at the grass roots in the country.
Jesse
:
So in line with the objectives, has the programme registered any achievements so far?
Miss Neha Pandya :
Yes, it has made some achievements for example in June 2010, ILI-ACLE while implementing the PPI
programme, organized a training for local council leaders and is currently partnering with UCU to train the
University students of the Legal Aid clinical class in matters related to local council courts. Besides ILI-ACLE
is training Local council court members and as a result such members have acquired more skills that are
relevant to their work in the courts.
Jesse
:
And are there any challenges that ILI-ACLE has encountered while implementing the programme in Uganda?
Miss Neha Pandya :
Yes, some of these challenges include: the fact that very few members of local council courts turned up for
the training. They were less than 8 despite Uganda having over 80 districts that are manned by various local
council leaders and who needed to be represented at this training.
Besides Local council members are not facilitated at their places of work and this de-motivates them from
participating in some of these trainings.
Then, the already trained local council members need follow up and yet that is always an expensive venture.
And in upcountry districts like Gulu, there is a problem of the NGO syndrome. This means that for example in
such an area there are so many NGOs but which do not co-operate with one another. As a result the
communities they serve tend not to benefit from the NGOs and fail to be transformed into better communities
by the NGOs like it is always anticipated by the populace. Such a tendency usually taints the image of most
NGOs which has made the work of implementing the programme harder to do in such districts.
Jesse :
What does ILI-ACLE hope to be the overall outcome of the PPI programme in Uganda?
Miss Neha Pandya :
ILI-ACLE hopes that over time when various trainings are given to students of UCU Legal aid clinical class
and Local council members there will be increased access to justice in Uganda especially in rural areas where
l
ocal council courts usually operate.
Jesse :
Apart from UCU, is ILI-ACLE partnering with any other University in implementing the PPI programme?
Miss Neha Pandya :
No, it only deals with UCU at the moment.
Jesse :
And what is so special about UCU, that of all Universities, ILI particularly chose UCU‟s Law school as a
partner?
Miss Neha Pandya :
UCU „s law school has distinguished itself from other law schools in Uganda by setting up a more practical l
legal aid clinical program unlike the law schools of other Universities.
Besides UCU‟s Law faculty puts a lot of emphasis on integrity training which also puts it above the rest in
terms of the best University to partner with in this programme since other universities do not put as much
emphasis on integrity training.
Jesse :
Are students positive towards the study of integrity and in case they are not, do you as ILI-ACLE try to help
these students change their attitude towards integrity?
Miss Neha Pandya :
Students are positive about the need for integrity and access to justice in the legal profession. However, for
those that may not be, their attitudes are changed by emphasizing to them The Bangalore principles of Judicial
conduct which include Judicial independence; impartiality, integrity, propriety, equality, competence and
diligence.
Jesse :
Does ILI-ACLE do any follow up on students and Local council leaders after training?
Miss Neha Pandya :
We keep in touch with the students and local council leaders mainly through email. However, since this is
our first group of students to be trained we cannot tell how effective the follow-up is. For the local council
leaders, we always ask them to identify the next potential trainees and when they identify those potential
trainees, they link up with ILI-ACLE such that ILI-ACLE can organize a training session for those potential
trainees. Never the less I cannot deny the fact that following up local council leaders is quite challenging since
it is such an expensive venture.
Jesse :
Thank you very much Miss Neha Pandya
Miss Neha Pandya :
You are welcome
Some of the participants in the Integrity conference
listen to a speaker at the conference
Dancing to the tune of integrity. Pupils of Triple P
Primary school entertain visitors at the integrity
conference
Former minister of ethics and Integrity Miria
Matembe speaks at the conference
The secret of integrity. The Dean of faculty of Law
Pamela Tibihikira– Kalyegira whispers to the
Commissioner General of URA Allen Kagina during the
conference
Students‟Focal Point Report -November 2010
2. Areport on the Progress of the Integrity Course and
Student Clinical
Activities
Five months have passed since our stakeholder committee completed the integrity course design workshop at the Grand Imperial Hotel.
Since that time several important steps have occurred.
First, a syllabus was designed in accordance with the direction provided by the workshop participants. The prototype syllabus is attached as
an Exhibit to this report. The syllabus is based on a twelve-week model. It incorporates the themes and parameters for content that the
stakeholders developed during the workshop.
Second, work has begun on developing a textbook for the course. The text book will be a twelve chapter book aligned with the twelve
week course. The editorial committee has identified several authors for the book chapters. Authors include individuals in academics and
the judiciary. Of particular interest is a commitment from Prof. George W. Kanyeihamba to draft the two chapters concerning the role of the
judiciary. We are also waiting for confirmation of participation from another luminary of the Ugandan bench. Initial drafts of chapters will
be submitted in the next month. The hope is to have a textbook completed by July of 2011.
Efforts have been made to establish an educational committee although this committee is taking longer to organize than would be hoped.
The purpose of the committee is to allow other leaders in legal education in Uganda as well as other more general stakeholders in the
Ugandan educational system to oversee the development of the course and provide input. If you are aware of individuals who would be
willing and able members of such an educational committee please contact Brian Dennison by e-mail at dbriandennison@gmail .com or by
phone at 0777852885.
At this time the course itself has yet to be offered. The Faculty of Law at Uganda Christian University hopes to offer the course by the
September semester of the 2011academic year. Of course our hope is that other law schools will choose to offer the course when the is
completed and the course approved by the requisite administrative bodies in Uganda.
Student Clinical Activities
One of the key elements in the LIEN initiative is the involvement of Uganda University Clinical students in community outreach and
sensitization. Since April of 2010 there have been many opportunities for law students to participate in community directed activities. UCU
law students designed and presented community sensitizations for community members in Iganga, Mukono, Kampala, and Kanshaka. UCU
students also made presentations to schools in Mukono, Entebbe and Gulu.
Additional opportunities are presenting themselves as partners in the LIEN project are incorporating UCU law students into their
community outreach. The Institute for International Law is in the process of training ten clinical students to serve as community
sensitization volunteers in Tororo, Iganga, Bushenyi and Ssembabule. (Please see a more detailed report in this training in a story by Jesse
Mugero in this edition of the Student Focal Report) Foundation for Human Rights Initiative is hoping to train 40 law students to serves as
community sensitization volunteers in those same districts.
In addition to community and school sensitization efforts law students from UCU have continued to serve the community with other clinical
partners. Law students continue to assist Uganda Christian Lawyers Fraternity by providing students to conduct prisoner interviews.
Students also assist International Justice Mission through the provision of legal research, client intake interviews and assistance in will
writing clinics.
Presently the clinical program at Uganda Christian University is working on the launch of a new program called Streams of Justice. This
program will conduct three-day seminars for justice leaders in various districts of the Uganda. The Justice Streams program hopes to
provide local justice leaders with the knowledge and materials they need to empower their communities through legal education.
6.A night of ethical Jazz at the launch of UCU Law Alumni
Association
Someone can surely question what Jazz has got to do with Ethics and Integrity but there is no doubt that the beautiful manner in
which Isaiah Katumwa blew his saxophone to entertain guests at the inaugural dinner and the launch of the Uganda Christian
University Law Alumni Association was one of the highlights of that historical night.
Nonetheless that cannot undermine the fact that ethics and integrity remained the gist of the occasion that was organized under the
theme “Integrity in the legal practice” as various speakers strongly urged the guests at the dinner to become part of the battle against
the declining levels of ethics and integrity in the legal profession.
Atenyi Tibaijuka an experienced legal practitioner with Tibaijuka and co Advocates and also the Chief Guest that graced the
occasion told guests at the dinner that the public perception of the legal profession for the 25 years that he had spent in legal practice
had been steadily moving from bad to worse over the years.
“During these 25 years that I have been in practice I have observed a shift in the public perception of the legal profession.” Tibaijuka
told guests.
“Originally we were referred to as liars and the accountants were referred to as thieves but today it is us the lawyers who are also
referred to as the thieves.” The experienced legal practitioner said.
He said that integrity in the profession had been undermined by what he referred as “both internal and external factors.”
Tibaijuka noted that the “internal factors” that have caused the decline in the ethical standards of the profession are greed and peer
pressure amongst members of the legal profession and cautioned guests against allowing these two factors to influence them into
unethical behavior in their legal practice.
“Greed should not compel you to swallow what might suffocate you.” He cautioned.
Tibaijuka said apart from that, some lawyers were being pushed into unethical behavior simply because such lawyers spend more
than they earn which is as a result of trying to maintain a high standard of living that some of their peers in the profession maintain.
“When you begin spending more what you are earning, that is when you start stealing from your clients” Tibaijuka said.
“So learn to leave within your means.” He quickly added.
He said the external factors that have negatively affected the ethical standards in the profession include both the unscrupulous clients
and corrupt public officials.
“For instance I had this client who once told me that he only comes to me when he has a straight forward matter and that when he has
a dirty deal he knows where to find the dirty lawyers.” Tibaijuka reminisced a personal experience he had had with a client.
“If it is a dirty deal a good advocate will be able to let go of the dirty deal because some of these deals involving clients and public
officials should be left to go however enticing.” Tibaijuka asserted.
Similarly Nicholas Opiyo of AA Legal Consultants and co advocates and also an Alumni of UCU‟s law school narrated how he and
some of his colleagues had resisted the temptation of undertaking some underhand methods of quickly accumulating wealth in the
course of their legal practice and how that as a result had made them live happier lives as opposed to those that had succumbed to the
temptation.
Opiyo also urged the faculty of Law, UCU to take advantage of the Alumni Association as a means through which students that are
still pursuing their degree can be encouraged to face the various challenges of the profession through integrity.
“Make us of use to the faculty because through this association there is a lot that we can offer to the students at the university.”
Opiyo suggested.
The Dean of Faculty of Law, UCU, Pamela Tibihikira- Kalyegira
welcomed the suggestion and urged the UCU Alumni to participate
in the mentorship programme of the faculty which is aimed at
helping shape students into people that are strong enough
to overcome the various challenges of the profession when they
leave university.
“You are a very important part of our work. We now have a
mentorship programme which is constrained by the fact that
there are so many students that have to be mentored yet we
have very few lecturers to mentor them effectively.”
Tibihikira- Kalyegira told the UCU Alumni.
“That is how we you could come on board and help us make
this venture more effective.” She added.
The inaugural dinner and the launch of the association attracted
over fifty guests that included not only the Alumni of UCU but
students and lecturers of Uganda Christian University among other
guests.
The association presently has an interim Chairperson who is
Samuel Kiriaghe a lecturer at the UCU law faculty and hopes to
vote for a fully fledged chairperson soon.
5. Kanyeihamba slams perpetrators of unethical
conduct in legal profession
The Retired Judge of the Supreme Court, Justice George Kanyeihamba had no kind words for lawyers that have failed to stand up to the
ethical expectations of the legal profession and have in effect become perpetrators of unethical conduct in the profession.
While addressing students of Uganda Christian University during a public lecture that ran under the theme "Legal Ethics and Poor
Services in the Legal Profession," Kanyeihamba said that in Uganda the people are largely dissatisfied with what the lawyers are doing
because of the widespread unethical conduct in the profession.
"In Uganda today there are thousands of loud voices of dissatisfaction both in the public and the government for the poor functions
performed by members of the legal profession." Kanyeihamba said
He blamed the high levels of unethical conduct in the profession on lawyers being more interested in serving the interests of the rich in
society as opposed to helping the poor access justice.
"In Uganda lawyers continue to draw most of their clientele from wealthy property owners, business and industrial giants plus the rich
but suspected crooks." Kanyeihamba told students.
"Unfortunately some of these lawyers because of this end up becoming rich through means other than legitimate or legal."
“Because of that they are imprisoned in such cocoons of rich people which makes them view anything beyond their fees and charges
with abject indifference." the retired judge said.
Kanyeihamba said that to him lawyers that serve the interests of the rich at the expense of the poor are lawyers that are not worth their
salt.
He said that it is unfortunate that some of the lawyers that are taken to be reputable and rich lawyers in town are those that obtain their
riches through means other than legal.
"One can be the richest lawyer but if one obtains his riches through helping the crooks secure their loot then such a lawyer in my
opinion is not a good lawyer." Kanyeihamba asserted.
The Justice cited over-charging fees and expenses as the one of the commonest forms of unethical behavior in the legal profession.
Kanyeihamba noted that several practitioners have been reported as charging excessive fees and expenses basing on concocted lies that
they need more money to pay a bribe to the presiding judicial officer to rule in their favor.
The retired Judge said in other cases lawyers of a loosing party may even collude with the lawyer representing the successful party in
litigation such that the lawyers of the loosing party do not oppose the excessive fees claimed by the lawyer of the successful party under
a secret pact.
He said that when those fees are paid, the lawyers of the loosing party then get a percentage of the costs given in court.
Atenyi Tibaijuka an experienced legal practitioner speaks after
unveiling the logo of the newly created UCU Law Almuni
Assciation at the dinner that officially launched the Association
as the Dean of Faculty of Law Pamela Tibihikira– Kalyegira
looks on.
Some of the notable guests that attended the dinner; from right to left. Sam Munobe, Lecturer at the Faculty of Law UCU, Brian
Dennison Lecturer UCU, Pamela Tibihikira– Kalyegira, Dean Faculty of Law UCU, Atenyi Tibaijuka Experienced Legal
Practitioner with Tibaijuka and co advocates, Samuel Kiriaghe Interim Chaiperson of UCU Law Almuni Association
This report is prepared by Tiberindwa Zakaria, Mugero Jesse and Manyali Yovani
Contacts
+256 775 03 93 16
+256 794 64 30 94
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