WIN | SIRI | PWDs

KAMPALA - New Vision has, since Tuesday, published stories highlighting the plight of Persons With Disability (PWDs) and compliance of public facilities with laws governing this disadvantaged group in Uganda. 

In the third of a daily series that will run through to October 30, 2022, Edward Anyoli explores how friendly Uganda’s court buildings are to PWDs.

The term ‘Temple of Justice’ has come to define the courts of Judicature. Although the description originated in the US in 1912 when they were laying the foundation stone for their Supreme Court building, it has become synonymous with the delivery of justice. 

And when the Kampala High Court building was constructed in 1928, standard washrooms, courtrooms, chambers of judges and holding cells, were put in place. 

Unfortunately, the structures did not provide facilities for people living with disability (PWDs). 

While the Judiciary recently built wheelchair ramps at the High Court in Kampala. Other courts such as the Family Division in Makindye and the Commercial Court which hosts the Land Division, do not have provisions for ramps. 

It is a nightmare for PWDs, especially those who use wheelchairs and crutches, to get to courtrooms which are upstairs, with no provision for either lifts or ramps. 

Upcountry, accessing court premises is even worse. It is compounded by the long distances which PWDs have to endure to find justice. 

“As a practising advocate, I have seen a lot in my more than 14 years of living with disability,” Emmanuel Candia, a lawyer at Candia and Company Advocates, said. 

“I have seen many of the barriers and negative attitudes towards PWDs; a situation I have fought to change,” he added. 

PWDs participate in the MTN Kampala marathon. According to the 2014 National Population and Housing Census Report, disability prevalence in Uganda is at 12.5%.

In 2018, Candia said he posted a video clip on his facebook page about the inaccessibility of the court premises at Nakawa High Court. 

Despite the fact that it went viral, nothing was done. 

“When that happened, I decided to take a bold step and sue the Government. This was not only about the court in Mukono. My case was for all structures, and I listed them countrywide. Since 2018, there has not been judgment from court,” Candia observed. 

In his plaint against the Attorney General filed at Kampala High Court on July 2, 2018, Candia pointed out that the opening of a Mukono High Court circuit on April 2018, in premises without ramps, lifts, rails, standard toilets or other reasonable accommodation for PWDs, especially those using callipers, crutches and wheelchairs, was discriminatory and an infringement on the fundamental constitutional rights of PWDs. 

“The building hosting other various courts; the Supreme Court of Uganda, main High Court building, Family Division in Makindye, High Court Masaka, High Court Mbale, High Court Soroti, High Court Gulu, High Court Mbarara, High Court Arua, High Court Fort Portal, Chief Magistrate of Mengo, Buganda Road Court and several others, fall short of the standard requirements provided for public places under the Building Control Act and the Persons with Disability Act, 2006,” Candia stated in the plaint. 

He argued that the lack of accessibility to court premises his profession and carries on his effectiveness as a lawyer. 

Candia said continuing to rent buildings for court purposes without considering their accessibility to PWDs is a violation of the statutory obligations as set out in sections 19, 20 and 29 of the Persons with Disability Act, 2006. 

“The applicant has continued to suffer various challenges in accessing some of the court premises and has severally had to give up instructions for matters or ask others to hold a brief, thus leading to loss of some clients, breach of professional duty as an advocate to personally act on instructions taken and limited some instructions,” he said. 

Candia wants a declaration that: “The respondent has the responsibility and duty to protect the rights of the applicant and other vulnerable persons under Objective XVI of the National Objective and Directive principles of state policy and Article 35 (1) of the Constitution of Uganda 1995.” 

“The building in which the impugned court is hosted (and) the buildings hosting various other courts, fall short of the standard and requirements provided for public places under the building control act and the PWDs Act,” the plaint said. 

Candia explained that despite being aware of the existing challenges PWDs in Uganda face, the Government has continued to construct buildings that do not provide proper accessibility for PWDs.

Chief registry speaks out 

Chief registrar of the Uganda Judiciary Sarah Langa Siu acknowledged that at the moment, some courts lack facilities for PWDs, but that the Judiciary was working hard to improve the facilities. 

“Currently, we do not have the facilities in place, but, going forward, they will be installed. The new Supreme Court and Court of Appeal will have those facilities. However, we have some ramps at the High Court building. We are mindful of the plight of PWDs,” Langa said. 

The Kampala High Court. Although ramps have been put it is still a nightmare for PWDs to access the busy courtrooms located upstairs in the building.

She noted that the Judiciary seeks to improve physical access to their premises to increase functional access and to promote access to justice. Langa said the physical state and location of courts have a direct impact on service delivery and access to justice. 

She noted that formal court proceedings and administrative work happens within court premises, and the condition of court structures is significant to both staff and court users. 

The Judiciary, in its annual performance report for 2021/2022, acknowledges that court premises reflect the image of the Judiciary and, therefore, affect the confidence in the judicial and justice system. 

“With emerging issues such as population growth and use of modern court equipment which requires customised spaces and accommodation of special needs groups such as ramps for PWDs, these structures have been rendered less suitable as court houses. 

“Many courts in Judiciaryowned premises were also in a dismal state having spent over a decade without significant maintenance and renovation works,” an annual report by Judiciary, states.

Going forward 

The report recommends that the Judiciary, through its infrastructure committee, developed guidelines for architectural designs (standardisation of courthouses) to provide minimum standards that should be considered while designing and constructing court houses countrywide. 

This will provide a safe, conducive and uniform working environment for all court staff regardless of location and will give a common outlook and identity of the Judiciary, thereby enhancing its image, public confidence and trust. 

A senior lecturer at the School of Law, Dr Zahara Nampewo, said access to justice is not a standard and that Uganda should implement the laws. She said the Persons with Disability Act of 2020 stipulates that all PWDs should be reasonably accommodated. 

“Uganda has ratified many laws, including the United Nations convention on rights of PWDs, we should implement them,” Nampawo added. 

She said access to information for PWDs is essential in the delivery of justice. She urged the Judiciary to provide proper means of accessing information for PWDs.

Lawyers speak out 

Elisha Bafirawala, a lawyer from Marlin Advocates, outlines challenges faced by PWDs in accessing justice in Uganda, which includes the lack of universal access in the structural buildings. 

Bafirawala said the Government can salvage this situation by renovating some of the court structures to meet the needs of PWDs. Bafirawala said besides the lack of ramps, lifts and rails, the courts have no standard toilets and other reasonable facilities for PWDs, especially those using callipers, crutches and wheelchairs. 

“There are some courts that are inaccessible, for example, the High Court in Mukono. You can’t access it if you have a physical disability. I understand the Judiciary might be taking some deliberate efforts to ensure that some buildings meet the standards, but it is holistic,” Bafirawala said.

Elisha Bafirawala of Marlin Advocates. (Credit: Colleb Mugume)

Report 

According to the 2014 National Population and Housing Census Report, disability prevalence in Uganda is at 12.5%. 

The report further indicates that the highest disability is people with sight impairment. 

To cater for PWDs, Uganda has ratified some laws, including the United Nations convention on the rights of PWDs. In addition, Uganda recognises the rights of PWDs in the Constitution under Articles 32 and 35. 

Uganda has also passed laws such as the Persons with Disability Act 2006 and Mental Health Act 2018. Despite these laws, PWDs still face discrimination and social exclusion, including access to justice. “Understandably, there are budgetary implications, but it must not be an excuse in terms of planning. How do you construct a court structure that has no facilities for PWDs in 2022? It defeats the purpose,” Elisha Bafirawala, a lawyer from Marlin Advocates, said. 

Case dismissed

In 2014, Legal Action Aid filed a case and sought a declaration that failure by the Government to make public premises and buildings easily accessible to PWDs, violates their rights to have access to a barrier-free physical environment. 

Also, an order that the Government and other stakeholders promptly enforce the provisions of the law on PWDs relating to access to a barrier-free physical environment. 

However, Justice Stephen Musota dismissed the case saying the Government had already demonstrated that steps were being taken to improve access to court premises. 

“I am unable to grant a declaration sought because the respondents have taken steps to make their premises and buildings accessible by people with disability.” 

“Court cannot order prompt enforcement of the provisions of the law because of the hardship it involves, but shall encourage whoever is responsible and the respondents to ensure continued compliance with the law as required,” Musota said. 

However, today many court buildings have remained without proper facilities for PWDs.

This article was produced with support from WAN-IFRA Women in News, Social Impact Reporting Initiative grant. However, the views expressed are not those of WAN-IFRA Women in News

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