Challenging Social Exclusion , livre ebook

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2015

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418

pages

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Ebook

2015

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Publié par

Fountain Publishers

Date de parution

29 décembre 2015

Nombre de lectures

EAN13

9789970196777

Langue

English

Poids de l'ouvrage

2 Mo

In Challenging Social Exclusion: Multi-sectoral Approaches to Realising Social Justice in East Africa contributing authors interrogate the question of social justice in East Africa, unravelling how people who live on the margins of society are cheated of their livelihoods. The work delves into thorny issues in social justice and recommends ways of addressing them. Based on recent field research, the book is informed by views from latest scholarly works. Issues about social justice from various areas including judiciary, health, land law, education and legal institutions are presented and explained. The authors, through examples from different sectors across East Africa, establish that attainment of social justice is the foremost concern of the legal sector in relation to social protection and resource sharing. They show that the justice, law and order institutions are means through which social justice should be accessed without discrimination of the poor, marginalised and vulnerable people. Contributing writers are scholars from various backgrounds including development studies, social work and law. The book is written in clear language and well organised. It addresses the needs of social workers, local government leaders, women and gender activists, the legal fraternity and the general reader.

Part One: Historical and Restorative Justice in East Africa

Part Two: Land Justice in East Africa

Part Three: Health Justice and Disability Rights in Uganda

Part Four: Legal Justice and Social Justice in East Africa

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Publié par

Fountain Publishers

Date de parution

29 décembre 2015

Nombre de lectures

EAN13

9789970196777

Langue

English

Poids de l'ouvrage

2 Mo

Challenging Social Exclusion

Multi-Sectoral Approaches to Realising

Social Justice in East Africa

Editors H. Hintjens, J. M. Maguru, F. Nyakaisiki, J. Odong

fountain publishers www.FOUNTàINPUBLISHERS.cO.Ug

Fountain Publishers P.O. Box 488 Kampala E-mail: sales@fountainpublishers.co.ug publishing@fountainpublishers.co.ug Website: www.fountainpublishers.co.ug

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the publisher.

ISBN: 978-9970-25-887-1

Contents

Preface.............................................................................................. v Editors ...........................................................................................viii Bio Notes.......................................................................................... x Acknowledgements ...................................................................... xiv Abstracts of chapters .................................................................... xvi

Introduction:From Bird’s Eye View to Worm’s Eye View? Social Justice, Human Rights and JLOS in Uganda and East Africa..............................................................1 Jimmy M. Maguru, Florence Nyakaisiki, Jackson Odong and Helen Hintjens

Part One: Historical and Restorative Justice in East Africa......................................................................... 31 2:Justice: Recognition and Reparation: Connecting Social KenyanMungiki‘gangs’ with the Mau Mau Legal Case 32 Nancy Muigei

Justice on the Radio? An Assessment of Justice Frames in ‘Facing Justice’, an NGO-supported Radio Programme ................................... 62 Jackson Odong

Part Two: Land Justice in East Africa........................................ 93 4:and Land Justice in Urban Tanzania: Law The Case of Mbeya .................................................................... 94 Thomas Munzerere

III

Beyond Rights Awareness: Women, Men and Land Rights: A Case Study from Eastern Uganda................. 138 Clare Cheremoi

Land Rights in the Context of Post-War Northern Uganda: The Case of Amuru District, Uganda............ 181 Grace Angeline Chelimo

Part Three: Health Justice and Disability Rights in Uganda...........................................................221 7:Justice and Gender Justice: the Role of Health Traditional Birth Attendants (TBAs) in Uganda ....... 222 Florence Nyakaisiki

Disability and social justice: The Role of Refugee Leaders in Enhancing Access to Social Justice by Refugees with Disability................................................ 250 Jimmy Mugisha Maguru

Part Four: Legal Justice and Social Justice in East Africa.283 9: ‘Street-level’ Bureaucrats in Rwanda: Working for more just outcomes of Judicial Reforms ............... 284 Gervais Twahirwa

10: No Justice? Mob Violence, Community Policing and Crime Control in Uganda’s Urban Markets.................. 322 Joshua Mugambwa and Helen Hintjens

11: Conclusion: The Future of Social Justice across the JLOS Institutions in East Africa ................................ 357 Freda Joyce Apio

Appendix 1 .................................................................................. 381 Index ............................................................................................ 384

Preface

Social justice has been used by various scholars as a very general concept to refer to ideals as well as aims and outcomes of policies and practices. However, it has not been used continuously; it has gone in and out of fashion. Social justice implies that the activities of government, social actors and other institutions should be geared towards ensuring equality, responsible, dignified and socially acceptable behaviour in society, and that the weakest and most socially excluded in society should be able to express their needs. For sustained social and economic development to take root in any country, professionals in NGOs, JLOS sector institutions, health and education sectors should desist from considering citizens as simply ‘clients’, ‘offenders’ or ‘patients’. They should be viewed as full participants and beneficiaries. This will enhance the advancement of justice for all. As the authors of this volume recognize, social justice has to include economic justice for the poor, respect for the capacities of the disabled, and acknowledgement of the critical roles played by minority groups, poor households, children and non-citizens, and other vulnerable people in all spheres of life. The needs and rights of those considered ‘marginal’ is unlikely to be a priority for most policy-makers and officials, and yet to make them a priority is what social justice requires, as articulated in this volume. This volume challenges the perceptions of professionals in the JLOS sector and beyond. The problem across East African

Challenging Social Exclusion

Countriesishowsuchprofessionalsrelatewithordinarymembers of the public, especially the minorities, socially excluded or those in vulnerable positions. In 2011, studies carried out by Nsamizi Training Institute for Social Development, in four pilot Districts in Uganda, Bugiri, Mpigi, Sheema and Oyam, identified problems faced at community-level in relation to justice, law and order services and local people. These problems included: negative attitudes and behaviour of professionals due to lack of skills needed to administer justice by formal and informal courts, probation and social welfare officers, state prosecutors, police and prison officers at community level. These problems arose especially when dealing with complaints of women, children and other vulnerable people. The sentencing and punishment regime was viewed as mechanical and devoid of special or social considerations critical to effective rehabilitation of offenders and avoiding the negative effects of sentencing for children and communities. There was also inadequate knowledge of human rights and of professional procedures, and generally inadequate documentation. This volume will be useful to academicians and social justice practitioners in East Africa as it argues for a socially just and human rights-based approach to public policy implementation in the JLOS sector and beyond. This implies that policy-makers and practicing professionals should be prepared to listen to ordinary people expressing their own needs and priorities. The case studies tackle current and emerging issues such as congestion in courts in East African countries, increasing case backlogs, homosexuality and minority rights, the case of women resorting to TBAs, ‘mob justice’, informal justice and crime control, bribery and

Preface

vII

corruption and charging of illegal fees, land rights and land justice, refugee and disability rights. I take this opportunity to thank each and every individual who has made it possible for this book to be published. This especially goes to the tireless efforts and sacrifices of time and energy put in by the editors Ms Florence Nyakaisiki, Mr Jimmy Maguru, Mr Jackson Odong and Dr Helen Hintjens. I thank the editors and staff at Fountain Publishers for their thorough job in the editing of this volume, given its considerable length. The contributors of the various chapters are strongly commended for the great job. Last but not least, I sincerely thank the Royal Netherlands Government, through their funding body NUFFIC, for the financial support in the production of this work. For God and my Country Dr Charles Kanyesigye Principal

Editors

Helen Hintjens ISS Staff Helen Hintjens is senior lecturer in Development and Social Justice at the International Institute of Social Studies, based in The Hague in The Netherlands, a constituent part of Erasmus University Rotterdam. She is interested and publishes on the post-genocide politics of the Great Lakes region, and on the politics of refugee and asylum advocacy between Europe and Africa. She has an emerging interest in the politics of restitution, starting with the Kenyan Mau Mau compensation case currently going through the UK courts. Her contact is hintjens@iss.nl.

Jimmy Mugisha Maguru NTISD Jimmy Maguru has a BA (SS) (Hons), PGDCBR, MA (Development Studies) and MPHL. He has been involved in community development oriented programmes in Uganda and has a lot of experience in research, training, project management and evaluation. His research interest is in disability and development, refugees and development, public health and social protection. He is a senior lecturer at Nsamizi Training Institute of Social Development and also manages a refugee’ outreach programme of the Institute in collaboration with UNHCR Uganda. His contact is magurujimmy@gmail. com

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Editors

Florence Nyakaisiki NTISD and ISS Florence Nyakaisiki is a senior lecturer at Nsamizi Training Institute of Social Development. She graduated with a BA (Social Work and Social Administration) degree from Makerere University in 2008, and a Masters of Arts in Development Studies degree in 2012 (majoring in Human Rights, Development and Social Justice) from the International Institute of Social Studies, Erasmus University, Hague, Netherlands. Key areas of research interest include Women’s Rights, Children’s Rights and Welfare, Community Development and Gender and Development. Her contact is flo.nyakaisiki@yahoo.com

Jackson Odong RLP and ISS Jackson Odong has worked with the Refugee Law Project, School of Law, Makerere University from 2010 and has since then been engaged in research and advocacy on conflict, peace building, and post-war development in northern Uganda. His research interests include media, gender, human rights, transitional justice, and youth unemployment. His contact is jackodong2009@gmail.com

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