Lessons from Our Work

  By Winnifred Acio In many Ugandan cultures, gender roles are distinctly defined. Men are traditionally viewed as leaders, breadwinners, and heads of the family, receiving respect and occupying most leadership positions in the cultural and political spheres. Women, on the other hand, are often the nurturers, caregivers, and mothers valued for their gentleness and supportive roles, usually within the home. While they are honoured for these roles within the community, cultural norms generally dictate that they cannot assume the roles designated for men. From this cultural perspective, men are expected to lead and make decisions, while women are usually expected to follow. This perception extends to the justice sector, influencing how legal services are received, particularly in grassroots communities. In many cases, men are expected to lead in every decision-making venture, including in legal hearings, while women’s voices are considered secondary. This bias has shaped people’s expectations of legal professionals and their willingness to accept legal guidance based on the gender of the lawyer providing it. How BarefootLaw’s Legal Tech Model Works To bridge the access to justice gap, BarefootLaw positioned BarefootLaw Boxes in Bala (Kole District), Paicho (Gulu District), and Nsinze Town Council (Namutumba District). These community justice points provide free legal consultations, mediations, and guidance on various issues, including child maintenance, Domestic violence, and Land disputes, among many others. What makes the BrefootLaw Boxes unique, however, is their technology-driven approach. While community members visit the physical BarefootLaw Boxes, legal assistance and guidance are provided virtually via Microsoft Teams. Individuals seeking help connect with lawyers remotely through video or voice calls without any direct physical interaction with the lawyers. The people served, therefore, interact and speak with the digital images of the lawyer handling the case. The Unexpected Challenge Despite its convenience and accessibility, this technology-based model has revealed underlying gender biases. In some cases, people specifically request male lawyers to handle their cases, believing that men are more educated, knowledgeable, authoritative and better adapted to handle and hear their legal matters. A particularly striking example is when handling customary land matters, where land is traditionally inherited through the male lineage. During some of the mediations involving tribal clan members, there have been instances where some individuals reject legal guidance if it comes from female lawyers or in this case, female digital images given through Video or voice calls. Some traditional clan elders have also often preferred male lawyers or male digital images on the screen, believing they align more with their traditions and reinforce their customs. Similarly, some clients disregard legal guidance entirely if delivered by a lawyer with a female digital image or voice, assuming they lack authority on the issue, further reinforcing the preference for male digital representations in such cases. These challenges illustrate how gender norms continue to influence trust and perception even in a digital space where physical presence is removed. The Road Ahead While technology can bridge gaps in access to justice, we realise that it cannot function as a one-size-fits-all solution. Each community has unique cultural and traditional beliefs, and these must be understood when designing legal tech solutions. Understanding these cultural contexts is crucial to ensuring that technology effectively serves diverse communities. One possible approach is allowing users to select the gender or digital image of the lawyer handling their case, regardless of the actual lawyer providing the service. Additionally, AI-generated voices tailored to societal expectations could help build trust in virtual legal services. This, on its own, could however, also present another dilemma. A dilemma where technology could potentially perpetuate existing gender stereotypes. We recognise that innovation should be a tool for transformation, ensuring that legal services promote equal access to justice for all. Our way forward thus includes a remedy of exposure therapy. To challenge and gradually shift cultural biases, legal tech solutions should introduce users to diverse representations of legal professionals and, in this case, different gender digital images. By allowing users to initially choose AI voices and images that align with their cultural expectations, and then progressively exposing them to a wider range of gender and identity representations, technology can help normalize diverse legal service providers. We believe that this approach will ensure that while cultural sensitivities are acknowledged, legal innovation does not reinforce existing gender stereotypes. Conclusion Technology has the power to break down barriers and bridge justice gaps, but its true potential lies in how it is designed and implemented. The experience with BarefootLaw’s legal tech model highlights that even in digital spaces, deep-seated cultural gender biases persist. However, this challenge presents an opportunity, an opportunity to reshape perceptions, foster inclusivity, and gradually shift societal norms.

Projects

Barefootlaw Research Team Innovations in access to justice are critical for promoting and advancing a just, equitable and sustainable society. BarefootLaw in collaboration with SAIPAR (Zambia), with support from the Charles Stewart Mott Foundation conducted research to understand, document and share innovations in access to justice in Zambia. As part of this research, a crowdsourcing contest was run in the country for 4 weeks calling for players in the justice space to share their innovation in improving access to justice. Among standout innovations, was a dynamic podcast created by university students. A group of students from the University of Zambia, the leading university in Zambia – started a podcast that aims to enhance and improve legal education in Zambia. The students behind The Law Talk recognized that legal knowledge is not only for lawyers – it is a lifeline for everyone. The students conduct research, develop research articles, review cases, disseminate, share and open debates on the podcast. These talks and lively debates tackle issues like land rights, family law, and workplace disputes, empowering listeners to navigate legal challenges confidently. The podcast brings the law to the people in the simplest form possible by breaking down complex legal concepts into relatable, actionable insights for the public. The initiative is also keen on student excellence as it acts as a tool for connecting law students from different institutions across the country to actively participate in improving the legal system while they are still students. In-addition, the initiative aims to build a network of seasoned legal researchers that contributes to the jurisprudence of the Zambian legal profession. WATCH here as the students explain more about their work: The students boast of; Initiating The Law Talk, a Podcast whose aim is to serve as a platform for all including the public, student lawyers, and practitioners to share knowledge on legal issues. Since its launch seven (7) months ago, The Law Talk has engaged around 1000 listeners nationwide, proving that innovative platforms can make justice accessible beyond courtrooms. Feeding the public with informed and reliable legal information. The students prioritize research to provide accurate information, for the public to make informed decisions. Providing a platform for young lawyers and students across Zambia to meaningfully contribute to legal education. Moving forward, the students are poised to expand their reach, with plans to invest in upgrading their podcast equipment, provide leadership and skills training for members, sponsor an annual national writing competition, and establish a self-sustaining social entrepreneurship venture using the award from BarefootLaw. They add that a portion of the funds will also sponsor winners of their Annual Writing Competition, which invites students nationwide to submit researched legal articles. This expansion reflects the students’ holistic vision to bridge legal education gaps, empower peers, and foster a culture of innovation to democratize justice in Zambia.

Lessons from Our Work

  In northern Uganda, there exists a custom that many may struggle to understand. There is a customary practice where a man may be obligated to enter into a marriage with a woman after her death, resulting in a posthumous marriage. Recently we handled a case at the BarefootLaw Box in Paicho where a man who had been living with a woman but had not married her was forced to pay bride price before her burial could take place. The deceased’s body remained open and unburied for almost a week, which led him to sell land belonging to his other wife to raise the necessary funds for the bride price. This case and many others like these expose the stark contrast between customary law and the formal legal system. The latter, governed by statutes and principles of contract, age, precedent, consent, and legal capacity, finds itself at a loss when confronted with a practice that is neither explicitly recognised nor adequately addressed in written law. A Debt of Honour. The logic behind posthumous marriage is rooted in obligation and honour. In these communities, when a woman dies without being married, and yet had children with a man, it is considered a disgrace to her dignity and that of her family. The custom of these societies thus dictates that, what was denied to her in life must be given to her in death. The man she was cohabiting with, whether by his own neglect or delay, is made to marry her in a marital union after her death. This act serves to recognise her status, grant legitimacy to the children that she bore, and fulfil the community’s moral and customary expectations. From their perspective, this practice is a form of justice. It ensures that a woman, even in death, is not left without a place within the lineage of the partner she lived and bore children with. It is a safeguard to her legacy and provides social security for the children left behind. Where Written Law Falls Silent The Ugandan legal system, like many countries in Africa, is deeply rooted in colonial legal frameworks. Marriage, within this structure, is an agreement between two living parties (male and female), making the practice of compelling a man to marry a deceased woman legally problematic. Fundamental legal questions arise like who consents to the marriage? What are its legal implications? Can a deceased person enter into an agreement? The law’s silence on this issue has created a vacuum on the way forward. No written law or court ruling clearly addresses how such a practice should be harmonised with written law. The challenge, therefore, is not to merely to dismiss the practice as bizarre but to critically engage with it in a manner that respects both cultural realities and legal principles. As such, the question of consent and legal recognition of posthumous marital obligations could be considered in light of legal cases in the broader burial rights jurisprudence. in Namusoke Annet Kiwanuka v. Eva Amuge and Two Others, Miscellaneous Cause No. 4 of 2023, the High Court in Uganda examined how burial rights are intertwined with a deceased person’s wishes. The court stated that the place a person is buried is closely linked to the person’s wishes before they died, the duty imposed on those closely related to the deceased during his lifetime to bury him and finally whether they had established a home. Additionally, the court stated that the custom to which the deceased belonged to must come into consideration in such an instance. Similarly, in SAN v. GW, Civil Appeal No. 01 of 2020 [2020] eKLR, the Court of Appeal emphasised that while the wishes of the deceased are important, they are not binding, as a dead person cannot actively participate in their own burial decisions. These cases and more, highlight the legal complexities surrounding posthumous obligations and reinforce the principle that customary practices, though influential, must align with the broader legal framework. By drawing from the similarities between burial rights and posthumous marriages, the legal dialogue on these issues could evolve to address the intersection of tradition, customs, consent, and written law. These conversations however should be led by vital questions like can communities redefine the practice to uphold the deceased’s dignity without coercing the living? Can the law offer alternative ways to recognise and honour the deceased without compelling an unwilling man to marry a deceased woman? These are questions that require dialogue and legal innovation with the backdrop of cultural sensitivity. The Journey Ahead As Uganda continues to grapple with the intersection of statutory and customary law, we as BarefootLaw intend to remain at the frontline of these conversations. Through our work, we see firsthand that justice appears differently to different people. The challenge is to bridge the gap to recognise the wisdom in custom while ensuring that human rights and legal protections are not undermined in the process. Posthumous marriages, as unsettling as they may seem to those outside these communities, are a reflection of the broader struggle between formal legislations and tradition. However, rather than dismissing them outright, it is time we asked, how can we shape legal systems that do not just impose rules from above but respond meaningfully to the lived realities of the people they serve? References Namusoke Annet Kiwanuka v Eva Amuge and Two Others Misc Cause No 4 of 2023 (Uganda HC). SAN v GW Civil Appeal No 1 of 2020 [2020] eKLR (Kenya CA).

Projects

Authors: Barefootlaw Research Team BarefootLaw, with support from the MOTT Foundation, conducted research in Zambia to understand and bring to the forefront innovations that aim to improve access to justice in the country. A local crowdsourcing initiative revealed a range of efforts, with mobile legal clinics emerging as one of the standout innovations. In this article, we zoom in on mobile legal clinics conducted in Choma by Justice for All Network (J4N). Zambians living in remote areas are often economically disadvantaged and encounter major obstacles in accessing legal assistance. These challenges include long travel distances, inadequate transportation, and limited awareness of their legal rights and available services. As a result, those who are most in need frequently go without essential legal support and are left without any means of redress. Mobile legal clinics are designed to fill this critical gap. Choma J4N launched mobile legal clinics to bring legal services directly to remote and underserved communities by setting up temporary legal service centres in various locations. The clinics educate residents about their legal rights and processes for seeking justice and provide a platform for reporting grievances. The clinics also serve as a platform for reporting corruption and abuse of public office – promoting accountability among public officials and institutions and helping to cultivate a culture of integrity and responsiveness. On top of immediate assistance, the network facilitates the documentation and referral of complaints to relevant public institutions, tracks and follows up on cases to ensure that complaints are addressed and resolved in a timely manner. The Model J4N is a network of members ranging from legal professionals to legal support staff from government and non-government agencies who contribute their time and expertise voluntarily or at a minimal cost. The network sets up temporary legal clinics in different communities and locations, and members travel to these communities to provide justice services. Members from government departments include magistrates, the Zambia police and the Legal Aid Board, among others. Innovativeness of the model Innovation has been defined as a new or improved product or process that varies greatly from previous products or processes and that has been made available to potential users (OECD, 2018). A key element of innovation for the mobile legal clinics in Choma is its operation as a collaborative effort and partnership that brings together civil society organizations (CSOs) and government departments. Unlike previous models of legal clinics, professionals from each of these agencies and entities collaborate voluntarily to contribute their time and expertise to the clinics. These in-kind contributions make the model more cost-effective and sustainable with lesser reliance on donor funding for continuity. Additionally, the collaboration is able to leverage unique resources from each partner to chart and create ways to effectively provide redress for justice issues faced by communities. Notably, its mobile setup means that the model is lean on establishment and maintenance of permanent structures and infrastructure that is often costly. WATCH to learn more about Choma Justice for all Network from Joe Mapiki: Impact Mobile legal clinics in Choma have bridged gaps in legal service delivery – improving access to justice for communities in remote and underserved areas. The clinics are accessible and affordable to clients who would otherwise have used more time and higher costs to transport themselves to justice centers. The clinics have created awareness and educated community members about their rights and processes available for seeking redress. To consistently improve on their effectiveness, as well as foster accountability and responsiveness of the justice system, the J4N network tracks and follows up on cases to ensure that complaints are addressed and resolved. Lessons This initiative serves as a learning model for countries in Sub-Saharan Africa with contexts similar to Zambia. Its collaborative framework—bringing together Civil Society Organizations, government departments, and law enforcement agencies—offers a flexible and adaptable structure that can be replicated in other locations and countries through the inclusion of additional partners as necessary. The model guarantees provision of justice services to every person regardless of their social class or financial status. References OECD/Eurostat (2018), Oslo Manual 2018: Guidelines for Collecting, Reporting and Using Data on Innovation, 4th Edition, The Measurement of Scientific, Technological and Innovation Activities, OECD Publishing, Paris, https://doi.org/10.1787/9789264304604-en.