Pepperdine Global Justice Program

My First Week at My Internship

By Nichole Hutchinson (JD/MPP, 2012)

On Monday I began my summer internship. When we arrived at the court house in morning Justice Kiryabwire (the justice who arranged our internships) was presiding over some cases so we went to watch him and see what Ugandan Court proceedings are like. They were relatively similar to cases in the U.S. They were formal, but at the same time not as structured as ours because the judges have a little more flexibility. Things definitely work a little slower mainly because they do not have the same discovery process as we have in the United States and therefore the lawyers have to spend time looking for things to give the opposing counsel and reading documents.

During his break from the court session Justice Kiryabwire invited us all into his office to talk about our summer internships more and to let us know what judges we will be assigned to this summer. I was lucky enough to be assigned to Chief Justice Odoki, who is the most important judge in Uganda and the 3rd most powerful person in Uganda!!! I am very excited about this position and feel so honored to be given such an important position.

After our orientation to Uganda and the court system on Monday and Tuesday, I was finally able to meet Chief Justice Odoki on Wednesday. I was nervous to meet him because he is such an important person in Uganda and I wanted to make a good first impression. When I walked in he was sitting at his desk working and got up to meet me. Chief Justice Odoki, Henry (the Registrar of the Commercial Court), and I sat down in the sitting area to talk for a little bit. The Chief Justice was very interested to hear about the dual degree program because that is not something that they have in the Uganda. After we had talked for a little while, the Chief Justice began to discuss the work that I would be doing this summer. Because he was going out of town this weekend to a rule of law conference in Qatar for the next couple of days (a conference that Dean Starr of the law school is also going to), he decided to give me a book that he is currently updating to go through. He wanted me to find the new statutes since the majority of the statutes had been revised since the last edition. This was a good opportunity for me to get familiar with Ugandan law and how to do research in Uganda. I have been working on that project since I was given it and will have it done by Tuesday when I will meet with the Chief Justice again. The good news is that on Tuesday I am supposed to get to start working on the cases that are before him and researching and writing opinions for him. I think this work will really utilize my policy background because I will be able to discuss the policy implications of the different interpretations that he can make of the law and help him to choose the interpretation that will result in the best policy outcomes for Uganda.

"We came to do business this morning."

by Shane Michael (JD '11)

The crime of defilement in Uganda is the American equivalent of statutory rape. Coming before Justice Lugayizi Friday was an appeal of a magistrate court’s judgment in a defilement case.

A nine-year old girl alleged that her teacher had “raped” her. The girl, however, did not know what rape was, and a medical examiner found that rape had not occurred. The magistrate determined that some molestation less than rape had occurred, and declared the defendant guilty of indecent assault, based primarily on the girl’s testimony.

Justice Lugayizi must determine in the hearing if he will hear the appeal. This decision turns on whether or not the uncorroborated testimony of a girl “of tender years,” as Ugandan law phrases it, is sufficient to substantiate a conviction on the lesser charge of indecent assault.

Prior to the hearing, Justice Lugayizi’s court reporter indicated that while attorneys for both sides were ready, the defendant was not at the court.  For this reason, the defendant’s attorney sought an adjournment of the hearing until the defendant could be present.

This is a common theme in Ugandan cases we’ve seen in our first week. An attorney was late for the first case we saw; in two others, an attorney failed to show up altogether; in another case, a witness was not present. When key figures are absent, the judge will typically stay the trial or hearing until a later time, and in criminal cases, there are no sanctions for truancy or absence. This increases the burden on the courts and stagnates proceedings.

This morning when the defendant did not show up because he was “sick,” the state’s lawyer did not object to the defendant’s prayer for a postponement of the hearing.

When Justice L asked the lawyers for both sides if the defendant’s presence was necessary for the purpose of the hearing, both said no. This didn’t please Justice Lugayizi. “We came to do business this morning,” he said. “That is exactly what we shall do.”

Uganda: Week One

It’s best to come to a place like Uganda without any notions of what to expect.  For starters, I booked the wrong flight and showed up a day later than the Pepperdine group. I also forgot to secure a hotel room for the twelve hour layover in Dubai. (I was later informed by Henry, a court registrar, that I would be the last one to make it to Heaven. Well, given my flight and hotel blunders, I’m just about getting used to doing things the hard way.). 

In the Dubai airport, I enjoyed five dollar Starbucks coffee (funny, it tasted the same as two dollar Starbucks coffee.). No refills sir. I also met Asif, a Persian fellow who lived in Johannesburg, studied law at Ohio (a Buckeye, he happily informed) and now works as a CPA at the U.N. World Food Bank. He was on his way to Rome, where his office is based. We talked about law, his teenage sons, young people in America, American education, foreign affairs, and of the Persian perspective on American policy in the Middle East.

Of Kampala, a place where Asif had once been stationed with the U.N., he only warned that I should avoid the dangerous boda-bodas (motorbikes.). Too late Asif. But he was delighted about Pepperdine’s internship program, and shared my excitement for engaging with a young and evolving legal system.

In Entebe, Uganda, there was no terminal connecting the plane to the airport, and so I was immediately struck by the moist air. Inside, I had to fill out a Swine flu information card, and quickly got the feeling that Ugandans aren’t big on waiting in orderly lines. Thankfully, Fred and Pricilla redeemed my first impression of Ugandans. Pricilla asked me if I needed a cab. I told her I needed to get a hold of my group. Pricilla offered her phone, dialed the phone numbers which I had frantically scribbled on an envelop and waited for me. Of course, Pricilla probably wanted my cab-business. But I have certainly never had an American cab driver offer his own cell phone. Pricilla was gracious.

She turned me over to Fred who drove me to Kampala. Fred pointed out the president’s mansion, Lake Victoria, a local brick factory and some other points of local interest. I listened and watched the sharp colors of landscape dance about behind the open markets and stores along the road. It was only two-lanes, but Fred and the other drivers didn’t let this get in their ways. Driving on the wrong side, carving out third lanes, dodging boda-bodas and pedestrians within a hair’s breadth, Ugandan drivers make L.A. streets seem like bumper cars. I white-knuckled the hand-grasp above and prayed for a safe ride – notwithstanding the small issue of now being last in line to Heaven, I prayed indeed.  

Fred and I also managed a nice chat during our death-defying ride. I could tell he was proud of  Uganda when he pointed out the president’s mansion and spoke of the local sites. Odd as it might seem to point out to a tourist, I caught on that the brick factory must have been a source of steady jobs for Ugandans. Justice Kiryabwire of the commercial court later stressed Uganda’s commitment to the spread of economic infrastructure and facilitating market activity. The loss of a single dollar, he said, meant all the difference to the average Ugandan’s daily life. And so it is important that the courts keep a firm and steady hand over the enforcement of contracts. It is important to quality of life of people like Fred and others that jobs remain stable, and that local commerce thrives. 

Fred told me that Ugandans are free to move and go wherever they want, implying a great change from the Uganda of twenty years ago – the Uganda that most Westerns still have in mind. It’s best to come without any notions of what to expect.

“Uganda is free,” Fred proudly declared. To which I replied with excitement that I would be looking forward to working for his courts.

-Robert Coleman

Ripped From the Headlines

By Shane Michael (JD '11)

When I arrived at the Commercial Court Monday, the first case of the day had already started. A distributor for Nile Breweries had evidently failed to pay for the beer it was selling. In the world of clerking for a court, this first case is the equivalent of a leadoff homerun. But as much as spending my time curing the injustices of beer distribution is a noble cause, there are more pressing issues that I will be addressing at the Criminal Court where I will be serving out most of my clerkship.

On Monday, the cover headlines for both of Uganda’s major newspapers told the story of a woman whose husband forced her to breastfeed his dogs because she had cost him two cows as part of the wedding dowry. The police cleared the man on Tuesday, claiming the woman was insane.

Another story’s headline in The New Vision read “Minister’s wife acid attackers unknown.” The pouring of acid on women is a relatively common crime in Uganda. Women who are thought to be unfaithful to their husbands often are victimized when acid is poured on their skin. The attacks often occur in public, sometimes by the people known to the woman. The extent to which these crimes are prosecuted is unclear. This woman emerged from a coma yesterday.

When I met with the judge for whom I will be working, Justice Lugayizi (Loo-gay-zee), he said that murder, defilement (statutory rape), and other less severe crimes are the kind we’ll handle in the criminal court. The two from Monday’s paper fall in to this last category.

***

Corruption is prevalent here. Uganda recently established an Anti-Corruption Court, which is being hailed by many as a step forward in the country’s fight against public officials who embezzle government funds at the expense of public programs and citizens. The Independent, a magazine sold on the streets, voices the concerns of citizens in a “Letters to the Editor” section. This opportunity for Ugandans to freely criticize their government in press seems like a significant step in establishing more accountability for government officials, but there is evidence that the democracy following the conclusion of civil war in 1986 is being threatened.

In 2005, sitting President Gen. Yoweri Museveni rescinded presidential term limits he worked to piece together. That act coincided with his own term limit coming up. The National Resistance Movement, Museveni’s controlling party, is currently discussing proposed amendments to the Constitution that are believed to aid his efforts to retain power after the next elections.

The 2011 presidential elections will be a critical event for this country. Whether a new candidate will win and the current government’s reaction to that could be an indicator as to whether or not democracy can be sustained in East Africa.

UGANDA (and a little Dubai)!!!

By Nicole Hutchinson (JD/MPP, 2012)

I have finally arrived in Uganda!!! I would like to say that I am sorry I have not posted recently, but the last few weeks have been very hectic as I prepared to leave for Uganda!

Because there are no direct flights from the United States to Uganda I had to have a layover in Dubai, which I was amazing. I flew on Emirates Air, which made the over 15 hour flight as pleasant as it could be. There were tons of movies to watch, which allowed me to catch up on some of the movies that came out during the school year that I was never able to see. In addition, because I had a twelve hour layover Emirates provided me with a free hotel room and free meals while I was here. It was wonderful to have a place to put my stuff and to shower, but I really wanted to take the opportunity to explore Dubai. I decided to go on a tour of the city done by the hotel that I was staying in so that I could see as much of Dubai as possible in the short time that I was there. Here are some of the highlights of my trip around Dubai:

First, we drove through the area of Dubai where you are able to see the skyline and some of the unusual buildings that Dubai has, such as the Emirates Towers and the Burj Dubai (which is having the finishing touches done on it now and will be the world’s tallest building). We were then able to drive past Ski Dubai, which has an indoor man-made mountain, which people can ski down. Next, we went to the Dubai Marina, where we had the chance to walk around an amazing group of buildings that were surrounded by canals where people could park their boats.

Our next stop was to go onto one of Dubai’s three man-made islands in the shape of palm trees called Palm Jumeirah (they are also currently building a man-made archipelago of islands that will look like the world). There was an amazing hotel at the far end of the island, but for the most part the island housed luxury apartment buildings.

My next stop was the Burj Al Arab, which is the famous hotel that looks like a sailboat. It was amazing to finally see this building in person, although unfortunately you cannot go inside unless you have a reservation there. We also stopped at Jumeirah Beach Park, where I was able to put my feet in the ocean for a few minutes (unlike the water in Malibu it was pleasantly warm). There were tons of people at the beach even though it was late at night. My last stop was at Jumeirah Mosque, which is the large mosque in the main part of Dubai.

Overall I really enjoyed my layover in Dubai even though it was pretty hot. It was about 95° F when I arrived at 7:30pm (I can only imagine how hot it would be in the day time). While I knew that Dubai was pretty westernized in comparison to most Middle Eastern countries, I was amazed at how many of the stores we have in the United States were in Dubai. Of course, there was McDonalds and Starbucks as was to be expected, but they also a Ford dealership, a Baskin Robbins (sadly no golden spoon), a Sketchers shoe store, and even a Coffee Bean (which does not even exist in most places in the United States).

From Dubai, I took another flight to Uganda through Addis Abba, Ethiopia (but we were not allowed to get off the plane). We arrived in Entebbe, Uganda at about 2:45pm. It took us a few hours to get out of the airport because the passport checkpoint was very slow and then another student’s luggage was damaged so he had to make a claim. We then took a 30 minute drive from Entebbe to Kampala (which is where I will be staying this summer). I am glad that I do not have to drive while I am in Uganda because they have terrible drivers here. Our accommodation is conveniently located and the people that work here are all very nice and helpful. There are armed guards at every entrance (which seems a little intimidating, but most hotels and expensive stores here have them). We were all very tired so we just went and got dinner and then I spent the rest of the evening unpacking my stuff and relaxing.

Today, we walked about Kampala a bit (I will definitely be getting a lot more exercise here since it is possible to walk most places and probably safer). I was able to find internet access and it is surprisingly fast (which makes me angry when I think about how slow my internet at home can be and I will definitely be calling my internet company when I get home to tell them their service is slower than internet in a third-world country). I also purchased a Ugandan cell phone today so that I can make local calls and receive phone calls.

Tomorrow, I will be starting work. I am really excited to get to work and do what I can to help the people of Uganda!!!

Cameroon: Step into the Forest

Our latest trip involved a trek into Lebialem Division to Essoh-Attah to speak to the students of G.S.S. Ngoh.  This was one of the best groups of students and community leaders that we have met during our program.  The best part of that day’s program was the fact that so many participants were exercising their human right to freedom of speech.  Chris and I received many challenging questions and engaged the students in a very beneficial debate of the issues that face Cameroonand how to address them.

This was only beginning.  We were continuing on foot through the mountains for several hours to visit Chris's home village of Njoagwi.  This was the most trying physical experience of my life, crossing terrain that experienced hikers would find challenging.  But the trek was entirely worth it.  I experienced things that few foreigners ever have.  The first stop upon arrival was a traditional funeral celebration filled with color, drums, dancing, singing, even musket-fire.  I was welcomed to the "palace" home of Chris's family, the royal family of Njoagwi, where I took some much needed rest. 

The next day I continued further into the rainforest to the piece of land that Chris's father the Fon (or chief) had allocated to him to start a poverty alleviation project for the villagers.  Chris is arranging to begin a palm tree grove to provide job opportunities for villagers and allow them to keep the profits.  Palms are a major industry in Cameroon, as their oil can be used for many things.   

We also stopped by the local primary school, which could at best be described as dilapidated.  Large sections of the mud-brick walls are missing with a sheet metal roof that's barely hanging on.  A small group of students and their parents came to meet us there, as it was a Saturday and no classes were being held.  There were hardly enough benches for the few of us that were there, but I was told that approximately 105 students gather in these three tiny rooms. 

Chris wanted me to encourage the students and their parents to keep them in school for as long as possible.  But I really was speechless, the situation overwhelmed me.  Standing in this classroom, looking at these children in tattered, dirt-encrusted clothes, I didn't know what I could say that would be of any help.  These people need help, but words of encouragement are not it.  Children and their parents want to be educated, but for some its a choice between school fees or eating.  What do you tell someone who has to make that choice?

It really all comes back to the corruption that is stifling the growth of this country, particularly here in the South West.  The majority of the country's GDP comes from the two English-speaking provinces, but you wouldn't know it from the infrastructure.  The eight Francophone provinces have much nicer roads and facilities.  Its why its so important that our program is able to expand out of the Anglophone regions into the french-speaking areas to unite this bilingual country against the corruption that is damaging the whole population's chance for a better future. 

To Change the World, You Start with One Step.

- Joe Groff

 

Staff and Students of G.S.S. Ngoh.  Where's Waldo?

 

Some Students of Njoagwi Primary

 

The Poverty Alleviation Palm Grove

Cameroon: Students Pledge to Stand for Human Rights and Against Corruption

 

My most recent school visit was to the Gov't Bilingual High School of Ekondo-Titi.  The town is in "the bush" of SW Cameroon near the Nigerian border and required quite a journey.  We left our home base in Tiko at 4:30am and didn't arrive in Ekondo-Titi until 10am.  Along the way, we traveled over unimagineable potholes on the few paved roads, and slogged through mud for the rest of the way, our 7-person compact taxi skidding out  and getting stuck at one point.

But when we arrived we were greeted by a friend of GNGG, the Honorable Member of Parliament from the area.  He took us to the school where we were to speak and met with the Principal and her staff.  We were surprised by the large numer of students that were assembled.  I'm not going to lie.  It was tough speaking to so many students, especially without amplification.  Very hard to control chatter with such a crowd, but Chris and I managed to get through to most of them.

For the first time, we asked the students to pledge to stand up for human rights and against corruption.  We are beginnning a signature collection drive to better evaluate the extent to which our message is spreading.  We are collecting signatures at each of our speaking engagements, but we are also charging the student led Human Rights and Anti-Corruption Clubs to hold meetings of their own and to go into their homes and communities to spread the message and collect pledges of their own, which GNGG will collect during follow up support visits. 

The picture above shows the informal hand pledge that hundreds of students took in Ekondo-Titi and really only captures about half of the students in attendance.  Students participate well and ask very insightful questions.  I have fielded questions from what to do when police are as corrupt as the officials being reported to one student's question comparing A Man for All Season's Saint Sir Thomas More to a situation where they may find their lives in peril for standing against corruption.  This is the generation that will make the change.  To Change the World, You Start with One Step.

- Joe Groff

Cameroon: Visit an Orphanage, Make a Child Smile

 

I'm in Cameroon trying to affect change in a country rife with corruption at all levels of public and private governance.  I am teaching after-school programs on the importance of good governance and human rights, but in my spare time I have the opportunity to do some amazing things in getting to know this country.

Today I had the joy of visiting a small orphanage in the neighboring town of Mutengene.  My wife Billie had the wonderful idea before I left, realizing that the quality of medicine in most of Africa is sub-standard, that it might be helpful to bring some basic over-the-counter supplies for the least fortunate.  I feels like its only a drop in the bucket, but if a few bottles of children's Tylenol helps some of these kids feel better the next time they get a cold or the flu, then its a good thing. 

All I did was walk in the door and I had children hugging my legs.  Their smiles were as wide as any I've seen.  I played with them with my digital cam.  They get such a kick just out of seeing themselves on the screen.  They howled with laughter when their likenesses became animated with video.  When it came time for all of us to take a picture the caretaker, Constance, brought in the baby, Shikensa, and placed her in my arms.  So adorable.  I wish I could take her home, but I can't today, Cameroonian adoption law wouldn't allow it.  At least for an afternoon I held a beautiful child deserving of love and made a few kids smile.

To Change the World, You Start with One Step.

- Joe Groff