The Access to Justice Sub-Programme on Tuesday 6^th December 2022 held the 27th edition of its performance review for the FY 2021/ 2022 at Speke Resort Munyonyo in Kampala. This event was organized by the Governance and Security Programme Secretariat and had the participation of stakeholders from all Access to Justice (JLOS) member institutions, the Development Partner's Group (DPG), the public, civil society, and the media. A key component of this event (and a major topic of discussion) was the presentation and discussion of the Access to Justice Annual report for FY 2021 / 2022.

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Various stakeholders have recognised the unique effort that a civil society organization Defend Defenders is applying in the protection and promotion of human rights. During the opening of its new office premises at Lotis Towers on Mackinnon Road, Nakasero – Kampala, several Diplomats and human rights defenders, including the Uganda Human Rights Commission (UHRC) lauded them for specializing in defending people and organizations that face risks in defending human rights.

In his speech delivered on behalf of the UHRC Chairperson Mariam Wangadya, member of the Commission Hon. Crispin Kaheru particularly recognised Defend Defenders and its Executive Director Mr. Hassan Shire for entering into partnership with the National Human Rights Institution to strengthen its human rights defenders’ desk.  

“We are proud that under the leadership of ED. Hassan Shire, Defend Defenders has made an indelible mark on the national, regional and international scene as the go-to-entity for protection and support of human rights defenders, for championing advocacy, engagement and strengthening collective effort in defending human rights".

“We are proud that under the leadership of ED. Hassan Shire, Defend Defenders has made an indelible mark on the national, regional and international scene as the go-to-entity for protection and support of human rights defenders, for championing advocacy, engagement and strengthening collective effort in defending human rights,” he noted.

Hon. Kaheru revealed that the UHRC’s Defenders’ desk is a free space through which any controversies and suspicions that may arise between human rights defenders and government can be settled.

He noted that there is a need for more human rights defenders to serve as advocates, watchdogs and voices for those who may not have the means or opportunity to speak out in the ongoing and emerging challenges like global health crises, migration issues, environmental concerns, and increasing social injustices.  

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The Uganda Human Rights Commission (UHRC) has concluded a series of training for District Planners and Civil Society Organizations (CSO) across the Country in the Human Rights-based Approach (HRBA). While officiating at the last training on Friday (August 11, 2023) the UHRC Chairperson Hon. Mariam Wangadya said the HRBA strives to ensure that every person in Uganda, regardless of race, beliefs, social, economic and political status effectively enjoys his/her rights and fulfils his/her duties and responsibilities. She said HRBA is a key strategy through which sustainable development can be progressively realised. 

“The enjoyment of human rights does foster development when people are placed at the centre and have participated in development processes; they not only own it but also value and sustain it."

“The enjoyment of human rights does foster development when people are placed at the centre and have participated in development processes; they not only own it but also value and sustain it. The HRBA requires that development initiatives focus on the people who should then be a central consideration in all development processes; right from conception and planning; resource allocation; programming; to implementation, monitoring and evaluation. Needless to say, denial of rights impacts negatively on development. It is therefore important for every rights holder and duty bearer to appreciate that development is not charity but an obligation to fulfil human rights,” she said.

She revealed that for many years, the Commission has spearheaded the campaign for HRBA, which in simple terms means integrating human rights in all government actions. 

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Published: 14th August 2023

The Resident Judge Luwero High Court Circuit, Hon. Lady Justice Henrietta Wolayo, on Wednesday September 6, 2023 started a Sexual Gender Based Violence Session in Nakasongola where 50 cases are going to be handled. The cases which are going to be handled in one month consist of 39 Defilement Cases, four Murder and Seven Rape cases. 

The session began with the Judge inspecting a guard of honour mounted by officers of the Uganda police. 

This was followed by a stakeholders meeting with the justice actors who included civic and political leaders, state attorneys, heads of police and prisons from Nakasongola, among others.

Hon. Lady Justice Wolayo called for the cooperation of all the stakeholders and urged the civic and political leaders to sensitize communities to desist from domestic violence, which is the main cause of these crimes.

Published: 6th September 2023

The Court of Appeal held a two-day session at Mbarara High Court to hear 32criminal appeals, most of which are Murder convictions. The session was being presided over by the Deputy Chief Justice, Hon. Justice Richard Buteera and Justices; Hon. Justice Christopher Gashirabake and Hon. Justice Oscar Kihika.

The cause list, signed by the Court's Deputy Registrar, HW Lillian Bucyana, show that there are 14 Murder, eight Defilement, seven Robbery, two Rape, cases and one Manslaughter appeal that the Justices will handle during the session.

Speaking at the stakeholders meeting, the Deputy Chief Justice pointed out that the session is held to bring justice closer to court users under the Mbarara High Court Circuit. This, he said, reduces the transportation and litigation costs for litigants who have to travel to Kampala to access the Court of Appeal.

Hon. Justice Buteera further stated the Court's commitment to clearing the case backlog in the Judiciary. He added that the session is a clear indicator of the Court's determination to ensure that justice is not only done but seen to be done.

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Published: 7th September 2023

LUZIRA - The walls of Upper Maximum Prison, Luzira echoed with cheers and applause today. 74 inmates achieved academic excellence as they received Certificates and Diplomas from Makerere University Business School.

The achievement list of the inmates boasts extraordinary distinctions: 44 inmates attained First-Class, 27 secured Second-Class Upper, and 3 earned Second-Class Lower. This achievement proves the dedication, determination and unwavering commitment of inmates to their studies. A commitment to expand tertiary educational services to all Regional Prisons and Women's Prisons was made during the ceremony. This visionary initiative aims to broaden access to education and skill development programs within the Prison system.

Beyond celebrating individual achievements, the event served as an inspiration to others who may be facing challenges outside Prison walls. It highlighted the potential for reform and personal growth, encouraging those who have stumbled to seek redemption and become positive.

Professor Moses Muhwezi, Principal of Makerere University Business School added his voice to the celebration, commending the inmates for their exceptional performance. He noted that they had excelled in their respective intakes, becoming the overall best than other candidates.

Prof. Moses stressed the importance of introducing business courses as part of the rehabilitation and reintegration programs for inmates, given their active involvement in vocational skill development.

The ceremony also recognized the overall best-performing inmate, Waswa Henry Wagala, who achieved an impressive Cumulative Grade Point Average (CGPA) of 4.97. Following closely behind him were Bagyenda Brain and Moses Anghorya, who both achieved a remarkable CGPA of 4.95.

Source: Uganda Prisons Service | Published: 12th September 2023

President Yoweri Museveni has presided over the pass out of 2,234 prison officers who successfully completed an 18-month training program. The new cohort comprises 200 cadet assistant superintendents, 318 principal officers, and 1,716 recruit wardens.

Their addition brings the total number of prison officers in Uganda to 14,248. The increase in the number of personnel has improved the prison officer-to-inmate ratio, reducing it to one officer for every six inmates, a notable improvement from the previous one-to-eight ratio. The United Nations recommends a ratio of one officer to three inmates.

During the commissioning ceremony over the weekend, President Museveni praised the Uganda Prison Service-UPS for its dedication to maintaining internal peace and security, implementing rehabilitation and skill-building programs, and contributing to poverty alleviation through various agricultural projects.  Notably, nine of the newly commissioned officers hold engineering qualifications. President Museveni encouraged the UPS administration to leverage their skills to construct additional prison facilities, addressing the issue of overcrowding.

Furthermore, President Museveni pledged financial support to strengthen UPS projects in agriculture and manufacturing. He stressed the importance of using locally sourced raw materials and discouraged the importation of fabrics for uniform production. “I don’t care who makes the uniforms or what, but I don’t want you to become tailors importing fabrics from elsewhere and stitching clothes, claiming you are manufacturers. You should source all necessary raw materials locally, except for silk, which we do not yet produce locally,” explained the President.

The President also announced additional security measures during the same event. He ordered the fingerprint marking of all firearms in the country’s armed forces and mandated the installation of digital number plates, citing these measures as crucial for enhancing security and reducing criminal activities.

Kahinda Otafire, the Minister for Internal Affairs, called upon the President to support UPS in acquiring more agricultural machinery to bolster the parish development model and increase cotton production for the revival of the textile industry. He also expressed concern about the growing prisoner population due to accelerated judicial processes and appealed for additional support from UPS and the police to keep pace with the judiciary.

Otafire discussed plans to revise the operational framework for all armed forces, differentiating them from traditional civil servants, and addressing issues of discipline and conduct.   “As teachers hold chalk, doctors hold stereoscopes, police, UPS officers, and the like hold arms. We cannot continue treating them in the same way, these are not traditional civil servants. Now a police officer can go away and you cannot charge him with desertion. How do you deal with commandant control of a person dealing with national security, but guided by traditional civil service? The same will go for immigration officers because this is our first line of defence we are coming up with papers to review these people’s conduct,” Otafire said.

Johnson Byabashaijja, the Commissioner General of Uganda Prison Services-UPS, highlighted the significant milestone of having 14,248 officers in the service, compared to the 9,000 officers it had five years ago. Currently, UPS houses 75,340 inmates, with 52 percent being convicts and 48 percent on remand. Byabashaijja acknowledged improvements in justice delivery and emphasized the need to further reduce the number of remanded inmates. He also mentioned UPS’s engineering team’s efforts to construct new facilities to alleviate prison cell congestion, with a goal of reducing it to 25 percent by the end of the fiscal year.

In line with the national security strategy, Byabashaijja revealed UPS’s acquisition of 35,000 acres of land, with a pending receipt of 15,000 more acres. However, he cited a shortage of machinery as a challenge in implementing agricultural projects effectively.

Published: 10th September 2023

The Director of Public Prosecutions (DPP) Jane Frances Abodo has today launched Decision to Charge Guidelines to guide Prosecutors on their duties in the administration of criminal justice, particularly the exercise of their prosecutorial function.

These Guidelines provide for the charging process including; information and materials required for charging, prosecution advice, full code and threshold tests before charges are preferred, case types that require Prosecution–Guided Investigations, framework for bail, disclosure, post–charge case management, effective management and prosecution of cases in court, progression and review, guidance on the withdraw of cases, out–of–court case disposal, transition from the manual case management system to the new business rules and processes that are required by the digital case file, diversion practice, witness protection and management.

At the launch, the DPP said, “The exercise of the prosecution function makes all Prosecutors gatekeepers to the criminal justice system. In this regard, the decision to charge (and therefore to prosecute) is a serious step that affects suspects, victims, witnesses and the community at large, and so must be undertaken with the utmost care and diligence.”

“The exercise of the prosecution function makes all Prosecutors gatekeepers to the criminal justice system. In this regard, the decision to charge (and therefore to prosecute) is a serious step that affects suspects, victims, witnesses and the community at large, and so must be undertaken with the utmost care and diligence.”

She further said, “It is therefore the duty of a Prosecutor to ensure that the right person is prosecuted for the right offence, properly applying the law, and ensuring that relevant evidence is submitted before the court, and that disclosure obligations are complied with. It is vital that Prosecutors effectively discharge their obligation to conduct an objective and independent analysis of every single file that is presented to them for a decision to charge. Failure to do so carries high costs for society.”

In order to ensure that all Prosecutors exercise their prosecutorial decisions in a standard manner, the ODPP deemed it expedient to put in place guidelines to guide Prosecutors on the standards expected of them, their duties in the administration of justice, and the factors to consider in the exercise of prosecutorial discretion.

The Guidelines on the Decision to Charge are a critical and essential tool that will help the ODPP carry out its mandate under Article 120 of the Constitution to institute criminal proceedings against any person or authority in any court with competent jurisdiction other than a court martial.

By Jacqueline Okui | Published: 12th September 2023

Lady Justice Jane Frances Abodo, the Director of Public Prosecutions, has urged all stakeholders in the Justice Law and Order Sector, as well as the community, to join forces in the fight against human trafficking.

Her plea came during the inauguration of the Trafficking in Person Mobile App Platform (TIPMAP), a groundbreaking initiative in Uganda. Launched on July 28th, at the Kampala Sheraton Hotel, TIPMAP stands as the country’s first-ever Live Data Visualization Dashboard for Human Trafficking Cases.

Addressing the attendees, the DPP emphasized the role of the ODPP – TIPMAP website, which is expected to serve as a pivotal information hub for various anti-trafficking entities and the public at large. She prayed that this platform would contribute significantly to the ongoing activities aimed at preventing and safeguarding both Ugandans and non-Ugandans from falling victim to trafficking.

She further reaffirmed the government’s unwavering commitment to combat trafficking crimes by implementing record-keeping mechanisms and fostering information sharing infrastructure. Abodo stressed the importance of enhancing investigative and prosecution techniques to effectively address this pressing issue.

She noted that such measures were essential for the entire criminal justice system to function optimally and collectively work towards eliminating human trafficking in Uganda.

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Annual JLOS Performance Report (2015/16)

ANNEXTURE: JLOS Annual Performance Report (2015/16)

The Four years of implementation of the Third Strategic Investment Plan (SIP III) have been a concerted and combined effort of Government, JLOS stakeholders and Development Partners that has resulted in increased public trust, increased stakeholder engagement, awareness and higher satisfaction by the people who seek services from JLOS institutions. 

In terms of impact, public confidence in JLOS institutions has increased significantly from the baseline average of 26% in 2012 to 48%, while public knowledge about JLOS services and institutions has increased to over 90% in 2015/16 on the average. Public engagement with JLOS institutions and use of JLOS services grew three fold on the average compared to the baselines.

For those persons that have accessed JLOS services the level of satisfaction has increased from the average baseline position of 59% to 72%. The index of judicial independence grew by 22% from 2.8 in 2014/15 to 3.41 in 2015/16, implying that judicial processes in Uganda have become more independent. The country’s judicial independence ranking too has improved from position 128 in 2014 to 91 in 2015/16 according the Global Competitiveness Report, 2016. 

According to the World Justice Project Report 2015 Uganda is ranked 68th in the World, 9th Africa and the first in East Africa in accessibility and affordability of civil justice with a score of 0.43 out of 1 this is comparable to USA which has a score of 0.47 out of 1. The country is also ranked in the 1st position in East Africa and 12th in Africa in effectiveness of criminal investigation, adjudication and correctional systems as well as controlling criminal and civil conflict and the fight against violence (order and security) with a score of 0.61 out of 1.

The sector monitored and processed 10 critical bills that impact on JLOS service delivery including the fight against corruption, regulation of CSO’s, elections, functionality of LCCs, and vulnerability among others. Laws were also enacted are that will promote national development objectives and improve the environment for doing business in Uganda. As a result of the interventions in legal reform and other innovations, Uganda moved from position 135 in 2014 to 122 in 2015/16 in the doing business index. While the Global Competitiveness Report 2015/2016 ranks Uganda’s competitiveness at position 115 out of 144 countries in the world. In terms of protection of property rights, Uganda’s ranking improved from position 112 in 2014 to 97 in 2015/16 and its property rights index also increased by 14.4% from 3.4 in 2014 to 3.89 in 2015/16.

The sector is now functionally present in 82% of the districts compared to 75% functional presence in 2014/15. Also the number of districts with a complete chain of infrastructure for frontline JLOS services increased from 53% in 2014/15 to 59.8% in 2015/16 following completion of various construction projects in UPF, UPS, Court and DPP.

Following appointment of staff, increased use of initiatives such as plea bargaining, investments in staff training, enhanced coordination and performance management the sector recorded a 20% reduction in pending cases, posting a case clearance rate of 125%. As a result, the average length of stay on remand reduced from 10.5 months to 10.4 months for capital offenders and case backlog reduced from 32% in 2014/15 to 25% in 2015/16. Use of ADR recorded a resounding success with a 55% success rate compared to 26% in 2014/15 arising out of investments in training and advocacy.

The crime rate reduced from 298 per 100,000 in 2014 to 296 per 100,000 in the reporting period despite the election period because of improved crime response and coordination of criminal justice agencies. Also the quality of investigation and prosecution improved as shown in the high conviction rate of 61% over the reporting period. 

The sector continued to invest in correctional services and rehabilitation of offenders which resulted in a reduction in the rate of recidivism from 27% in 2014/15 to 21%. This is one of the lowest recidivism rates in the world.

The number of children arrested per 100,000 child population reduced to 8.4 compared to 9.4 for every 100,000 child population in 2014/15 and 84.1% diversion rate of juveniles from formal judicial proceedings was registered. The challenge however is the higher than targeted number of children on remand per 100,000 standing at 2.07 for every 100,000 child population compared to the targeted 01 child per 100,000 child population. 

In terms of human rights observance, the number of reported human rights violations by JLOS agencies reduced by 41% during the reporting period. This is partly due to the adoption of a human rights culture and accountability and sensitisation of police and prisons that have always featured high in terms of human rights violations.

Improvements were recorded in UPS with 90% of the prison units eliminating the Bucket system and there are on-going efforts to provide decent water-borne sanitation facilities in all prisons by the end of 2017. However, the welfare of prison warders and lower police cadres remains largely unaddressed, especially with respect to housing and living conditions. In addition, the congestion in prisons remains high with the existing holding capacity exceeded by up to two times. 

The fight against corruption is on course with 12% increased case disposal and improved internal disciplinary mechanisms that were implemented. The Chief Justice strengthened the inspectorate function in Judiciary, by appointing a Justice of the Supreme Court as Chief Inspector of Courts.

The performance would have been much higher; however, the sector faces various challenges that must be addressed to enhance or even maintain the current levels of performance. One of the challenges is the slow, expensive and complex business processes that are largely manual. These among others have led to prevalence of high lead times, increased cost of access, opportunistic corruption and slow decision making. It is therefore important to re-engineer and automate most of the business processes. 

Challenges also still remain with case disposal in some areas such as the Human Rights Commission and Judicial Service Commission that were affected by the expiry of the terms of service of their Commissioners. These institutions need to be supported to clear their backlog.

The sector institutions remain largely urban based and unavailable in 18% of the districts while many operate from premises not fit for the purpose. This is compounded by the high cost of rent which has eroded funds required for critical operations. There is therefore need to fast track the construction of the JLOS house project and justice centres country wide. Efforts should also be put at opening new service points and deconcentrating service delivery. The concept of a one stop centre should also be strengthened.

The other challenge is the changing crime trends and proliferation of new crimes such as cybercrime, trafficking in persons, terrorism, white collar crime and other violent crime including sex and gender based violence which tests the preparedness of most crime fighting agencies. This is made worse by the fact that the more sophisticated crimes that are cross border crimes in nature are on the rise. There is need to enhance crime response and invest in strategies to prevent the occurrence of such crimes. 

Justice delivery is a function of numbers. The sector requires the right number of staff both in quantity and quality to deliver effective and expeditious services. This is not possible with the current judge to population ratio of 1: 720,000, a police to population ratio of 1:764, and warder to prisoner ratio of 1:7.

One of the factors that continue to dampen public confidence in the justice system is corruption both real and perceived. It is therefore necessary that the sector efforts to fully implement its anti-corruption strategy are supported. Initiatives to deal with public complaints should be strengthened and supported while internal disciplinary processes should be respected. 

By and large, given the performance of the sector over the SIPIII period and during the reporting period, there is a strong belief that enhanced efficiency and effectiveness in service delivery enhances public satisfaction and grows public trust. It is therefore important that efforts which promote greater public satisfaction with JLOS services should be harnessed and strengthened under the proposed new strategic planning framework. In addition, the 3cs (communication, coordination and cooperation) which is the foundation upon which the sector is built should be demystified among all sector stakeholders for the sector remain valid, vocal and visible.

[Adopted from the 2015/16 JLOS Annual Performance Report]