Using the International and Regional Mechanisms: Experiences from the Field Dr. Donald Rukare – Global Rights Uganda PILAC workshop 6 th February 2014

Key argument Public interest litigation through regional and international mechanisms does have the potential if used right to bring about greater legal and social change. Disadvantaged groups can have their rights protected, respected and fulfilled leading to enhanced legal empowerment

International mechanisms The International Covenant on Civil and Political Rights [ Human Rights Committee] The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) [Committee against Torture] The Convention on the Elimination of All Forms of Racial Discrimination (CERD) [the Committee on the Elimination of Racial Discrimination] The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) [The Committee on the Elimination of Discrimination Against Women] Convention on the Rights of Persons with Disabilities [The Committee on the Rights of Persons with Disabilities] International Convention for the Protection of All Persons from Enforced Disappearance [The Committee on Enforced Disappearances]

International mechanisms UN Chart based mechanisms –Special Procedures - under 10 Ugandan NGOs accredited/observer status – ECOSOC, 43 cases presented to HRC World Bank [ Inspection Panel] International Finance Corporation [The Office of the Compliance Advisor Ombudsman ]

Regional mechanisms The African Charter on Human and Peoples' Rights [The African Commission on Human and Peoples’ Rights ] 157/96 Association pour la sauvegarde de la paix au Burundi / Kenya, Uganda, Rwanda, Tanzania, Zaire (DRC), Zambia [filed by the Association pour la sauvegarde de la paix au Burundi (ASP-Burundi, Association for the Preservation of Peace in Burundi), a [NGO] based in Belgium] 227/99 Democratic Republic of Congo / Burundi, Rwanda, Uganda [ filed by Mr Léonard She Okitundu, Minister of Human Rights of the Democratic Republic of Congo] 8/88 Nziwa Buyingo/Uganda [filed by Mr. Nziwa Buyingo, citizen of Zaïre]

Regional Mechanisms The African Court of Human Rights and Peoples’ Rights, The African Charter on the Rights and Welfare of the Child [The committee of experts on the Rights and Welfare of the Child ] East African Court of Justice [05/2011 Sam Mukira Mochori v Uganda] ECOWAS Community Court of Justice SADC Tribunal African Development Bank [ Independent Review Mechanism]

Issues noted Strategic/Public interest litigation is often mixed up with class action. A class action is a civil court procedure under which one party, or a group of parties, may sue as representatives of a larger class Strategic or impact litigation on the other hand uses the court system to attempt to create broad social create broad social change Impact law suits aim to use the law to create lasting effects beyond the individual case. The chief focus is law or public reform rather than the individual’s client’s interest (as is the case in ordinary litigation) although they may both have this objective. It can therefore be surmised that SIL aims at creating legal and social change. In contrast this is quite different from traditional lawyering which focuses on the client and his/her interest

Issues of note Mechanisms not widely known and used The expenses related Development partners practice Weak enforcement of decisions What is the legal issue and legal arguments? Have a clear objective Determine appropriate forum Know your client - Client centered approach Collaboration Work-shopping

Issues to note Advocacy campaign/lobbying on issue to garner public support and interest Strategic use of the media High profile personalities to champion the issue GPP or shock and awe Long term flexible funding required Capacity building for various groups i.e. bar, bench and civil society

Suggestions In order for SIL to take root, it should be taught as a subject at law schools Bar associations like the Uganda Law Society should arrange seminars on SIL for its membership. The judiciary through the judicial training institute should be trained on SIL and its advantages. In addition human rights NGOs/lawyers/Legal aid clinics should build their capacity to engage in SIL.

Suggestions Development Partners should earmark funding for SIL. In the ongoing SIL project implemented by Global Rights Uganda, we have (1) provided for technical assistance to be given to our partner Street Law Uganda by the Institute for Human Rights and Development in Africa which has SIL experience especially before the African Regional Human Rights System (2)arranged for regional workshops on SIL in Burundi (June 2012) and Nigeria (September 2012) in which our partners are exposed to various experts on SIL to enhance their capacity. These initiatives have helped build the capacity of our partners in SIL

Conclusion SIL/PIL therefore is one legal pathway that can be used to rebalance the legal and social order in their favour. National Human Rights NGOs. Legal Aid Clinics and advocates should embrace the international and regional mechanisms