Anti-Corruption Strategy

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JLOS has developed an Anti-Corruption Strategy

The Justice Law and Order Sector (JLOS) is one of the sectors provided for under the government Sector Wide Approach (SWAP) adopted in 1998 by the government of Uganda. The sector has been in existence for the last thirteen years and is made up of Seventeen (17) MDAs. Upon realization that the fight against corruption is ineffective without a clear strategy, the sector is in the process of formulating an anti corruption strategy.

The Justice Law and Order Sector Anti-Corruption Strategy is a framework designed to enable planning in order to make a significant impact on reducing corruption in the Sector institutions as well as building and strengthening the quality of accountability in the country as a whole. It will focus on Ministries, Departments and Agencies, which comprise the JLOS, members of staff and systems in order to contribute to the National Anti Corruption Strategy vision of Zero Tolerance for corruption to create an efficient and effective service delivery.

Corruption has been generally understood to mean “abuse of entrusted authority for illicit gain”. This broad definition includes any conduct or behavior in relation to persons entrusted with responsibilities in public office which violates their duties as public officials and which is aimed at obtaining undue gratification of any kind for themselves or for others”

In an area in which objective data is not readily available, perceptions and other assessments are some indicators of real levels of corruption. This makes corruption very hard to measure. . According to the World Bank and the Transparency International Corruption Perception Index as well as other local surveys like National Integrity Survey (NIS) and the Public Procurement Disposal of Public Assets Authority (PPDA), it is estimated that Uganda losses over 250 million US dollars of public resources per annum to corruption.

According to Transparency International’s Global Corruption Barometer (GCB) 2010, JLOS institutions like the Uganda Police Force and the Judiciary are ranked among the top three corrupt institutions in Uganda. Uganda is placed among countries in which people reportedly most often (in comparison to other countries) have to pay bribes when entering into contact with institutions like the Police, Judiciary or customs. This reflects public mistrust, which heightens the crime rates and complicates the work of JLOS institutions in administration of justice in Uganda.

The National Anti Corruption Strategy identifies some key aspects of society that enable corruption to exist and flourish as follows;

• Public beliefs and attitudes;
• Ineffective accountability systems;
• Lack of political leadership and accountability;
• Moral decay in public service
• Limited capacity of anti-corruption agencies and the judicial system
• Delays in the legislative framework:

Other driving factors include but are not limited to;

• Poor staff motivation and/or remuneration;
• Poor organisational/institutional structures that do not clearly outline roles and responsibilities to specific officials;
• Poor internal controls and segregation of duties;
• Poor record keeping, archiving and tracking systems;
• Inadequate transparency, for example in prioritizing and sequencing the hearing of court cases or payment of court awards;
• Public ignorance about various procedures and rights;
• Lengthy court resolution timelines that lead to frustration of stakeholders who may resort to easier/faster options to achieve end results; and
• Political interference among others.

The JLOS Anti-corruption Strategy is therefore aimed at strengthening the sector’s capacity to deal with corruption, at strengthening integrity, transparency and service delivery within institutions, thus building public trust. This anti-corruption strategy has been developed for JLOS in order to give effect to the expressed commitment of the sector to fight corruption in the JLOS agencies. The Strategy places the emphasis on a broad sectoral effort while identifying specific institutional responsibilities as they apply.

The purpose of the JLOS Anti-corruption Strategy is to prevent and combat corruption through a multiplicity of supportive actions. This strategy is meant to provide JLOS with a holistic and an integrated approach to fighting corruption across institutions involved in the administration of justice. To enhance operational efficiency, the strategy will take a broad service wide approach to the promotion of accountability by exploited synergies that already exist like the 3Cs; coordination, co-operation and communication to ensure harmonization and standardization.

The Anti-Corruption strategy will together with the already existing mechanisms and strategies prevent and deter corruption in the JLOS Institutions, put in place standards of behavior and systems for detection, investigations and punishment of corruption. It will also enlist support from members of the public, civil society and other governmental organizations that are involved in the fight against corruption. The strategy is thus a mixture of preventive and combative mechanisms against corruption and maladministration in the JLOS.

DOWNLOAD:

JLOS Anti-Corruption Strategy

Outgoing Chief Justice Bart Katureebe got the perfect send-off when President Yoweri Museveni assented to the Administration of Judiciary Bill, 2018 to make law.

Parliament early this month passed the bill that guarantees the independence of the Judiciary as the third arm of the State under the doctrine of separation of powers and on Friday, June 19, 2020, Museveni appended signature to it to ensure it becomes law.

About the Law

The new law provides for and strengthens the independence of the Judiciary.

The Administration of Judiciary law operationalizes provisions of the Constitution relating to the Judiciary, administration of justice, improve efficiency and effectiveness of the courts, strengthen the independence of courts, and streamline their administration.

The law also creates guidelines and references for a legal and justice system by spelling out jurisdiction divisions, conditions for trials, sentencing, and court fees.

READ MORE

DOWNLOAD: Administration of Judiciary Act of 2020

Published: June 19, 2020

By Timothy Lumunye

The Coronavirus (COVID-19) pandemic is now a global health emergency, affecting more than a billion people worldwide. In more and more countries, normal life has effectively been suspended, as sweeping measures are introduced to control the spread of the disease by way of ‘lockdowns’, bans on social gatherings, and the closure of public facilities. These measures have also had an impact on criminal justice systems, as access to courts and prisons has come under severe restrictions. The administration of justice cannot come to a total standstill, whatever the circumstances.

It is essential that the Justice, Law and Order Sector continues to carry out essential functions, including the processing of criminal cases, and safeguarding the rights and welfare of accused persons, especially those who are on remand.

The accused persons on remand should be able to participate in criminal justice proceedings in person, and it is especially crucial that they are physically present in the courtroom during trial. This is not possible currently, because of the restrictions imposed by Uganda Prisons, in line with the standard public health guidelines.  The accused absence from the courtroom seriously undermines their ability to participate in criminal justice proceedings effectively, and the exercise of the rights of the defence.

Its high time Uganda Prisons came up with measures to enable inmates on remand attend court proceedings and prevent an unprecedented backlog of cases that could harm the effective administration of justice in the future.  This can be done in a phased manner, by opening up first, less congested Prison facilities. 

The Judiciary has taken extraordinary measures to keep criminal justice systems operational, preventing lengthy delays in criminal proceedings, and ensuring that urgent matters, such pre-trial detention hearings, are not postponed. The Judiciary does not however work in a vacuum and relies on other stakeholders in the Justice, Law and Order Sector (such as Police, Prisons, Office of the Director of Public Prosecutions) for it to be effective. With these stakeholders also substantially limited by the lockdown and other COVID-19 related restrictions, court business has literally ground to a halt, in as far as access to justice for accused persons on remand is concerned. 

Timothy Lumunye is a Grade 1 Magistrate at Nateete Rubaga court

Published: 24th March 2021

A new study supported by Sweden reveals justice needs of Ugandans. The study was carried out by HiiL Innovating Justice and launched by the Principle Judge Hon. Dr. Yorokamu Bamwine in Kampala on April 13, 2016.

The study shows that over a period of four years 90% of Ugandans experience justice needs, the most prevalent problems being related to land, family matters and crime. The study further showed that the Local Council Courts are the most trusted institution both for seeking information and solving disputes. The Embassy of Sweden is currently working with JLOS partners to design a new programme to enhance Access to Justice and Rule of Law in Uganda.

The study titled “Justice Needs in Uganda: Legal problems in daily life” is authored by Johanna Piest, Sam Muller, Martin Gramatikov, Kavita Heijstek-Ziemann, Jamila Sallali  (Published in 2016).

WATCH Launch Video: https://www.youtube.com/watch?v=mHoICraVrms 

DOWNLOAD Report: http://www.hiil.org/publication/uganda_report

In May 2017, HiiL launched their latest Justice Data Report on Family Justice in Uganda. This was done at a workshop hosted by the Swedish Embassy in Kampala. The launch was accompanied by the attendance of representatives from the key actors from the justice system who are concerned with family justice, including the JLOS secretariat, the National Police, the Judiciary, DGF, LASPNET, IDLO and the Law Reform Commission.

The full report is now freely available and can be downloaded in English HERE: Family Justice in Uganda

This latest HiiL report follows the outcomes of nation-wide justice needs and satisfaction survey that HiiL conducted in Uganda in 2016. That report showed that justice problems relating to the family rank constitute the most prevalent justice problem for Ugandans. More than 1 million serious family justice problems occur in Uganda every year: most of them are domestic violence and separation related. As in other countries, this survey shows high impact of family problems on people’s lives. Impact on women is more severe than impact on men.

The Family Justice report contains a deeper understanding of the family-related problems that Ugandans face. This includes the processes people follow to solve these problems and the outcomes that they obtain when attempting to get a solution. It sets out the foundation for an agenda for innovation that builds on the needs of users of family justice processes.

Instead of proposing new legislation or financing additional services, the report outlines terms of reference and user stories: what should the family justice process achieve for women, men, girls and boys? What do justice providers from the informal or formal sector need, in order to help solve family problems more effectively?

The launching workshop concluded that the results of this study should become building blocks for an action plan to improve the treatment of family disputes in Uganda and first steps were taken to make this concrete.

By Nathalie Djikman, HiiL Justice Sector Advisor. Email: This email address is being protected from spambots. You need JavaScript enabled to view it. / Published: June 19 2017

By Nathalie Dijkman

For the second time HiiL has held an Innovating Justice Boostcamp in Kampala, which took place on 7 and 8 September this year. The Boostcamp was part of the selection process for the winners of the Innovating Justice Challenge 2017, a global challenge that seeks to find innovative solutions preventing or resolving the most pressing justice needs of people around the world. 

This year, from over 60 applications that came in from Uganda, 10 were shortlisted by HiiL to take part in the Boostcamp, and 5 of those ended up pitching in front of a jury to stand to win the Challenge. The shortlisted innovations are tackling a variety of justice needs, including gender-based violence, land disputes, forced migration and employment issues. 

During the first day of the Boostcamp, the group of innovators took off on a bus early morning to Entebbe to spend a full training day in retreat-setting guided by a group of expert mentors. The programme included learning about Lean Start-up methodology, filling out a Social Business Canvas, designing their first experiments on a Javelin Board and practicing their 4-minute pitch. In the afternoon the teams, recognized by bright ‘Justler’ t-shirts, went off into a small town off Entebbe Road to conduct interviews with local citizens, testing their main assumptions. As one of the innovators said: “We learned a lot from listening to people who are meant to use our service. (…) From all the people we talked to, everyone has had a problem with land. They didn’t know where to go and the question then is whether our service can make a real difference.” 

The next day, on 8 September, the wider public and key stakeholders were invited to the Boostcamp to meet the innovators and exchange ideas on justice innovation. This event was held at Africana Hotel during the Legal Aid Innovations Conference, which was co-organized by BarefootLaw, LASPNET, DGF and HiiL. The morning of the event held speeches by a.o. Chief Justice Katureebe, the Ambassador of the Embassy of the Netherlands and the Chair of the Judiciary ICT Committee Justice Kiryabwire. Up to 300 people came to this inaugural conference to learn about the most innovative justice solutions currently available in Uganda and how to improve justice through technology and citizen-centred solutions. HiiL’s Justice Needs in Uganda report, which was launched in April 2016, was mentioned by all stakeholders as a cornerstone of the evidence currently available on the most pressing justice needs in Uganda. 

The five innovations selected by HiiL which were pitching in front of the jury in the afternoon included: E-Migrate (an easy and safe travel agency for migrants and refugees), Evidence and Methods Lab (smart infographics of complex justice problems to promote accountability), Muslim Centre for Justice e-Law App (a legal sms service for Muslim minorities and users of the Qhuadi court), Land Title Search App (a smartphone land title verification tool) and Weetase (a voice-based mobile app to monitor victims of (forced) migration and trafficking). 

The 5-headed Jury, chaired by Lucy Ladira, the lead Advisor on Criminal Justice at the JLOS Secretariat, concluded during the public Jury Debrief that they were impressed by the pitches and solutions of all teams, although there was definitely a need for them to research their problem further. The Evidence and Methods Lab was announced as winner by HiiL’s alumni (Lawyers4Farmers and Justice2People), and special mentions went out to Weetase and the Muslim Centre for Justice (strongest impact) as well as the Land Title App (best presentation). 

This month HiiL is holding similar Boostcamps in Accra (Ghana), Nairobi (Kenya), Johannesburg (South Africa), The Hague (Netherlands) and Kyiv (Ukraine). At each event, innovators are trained and winners are selected by a local jury. All winners of the Boostcamps win 5000 EUR in seed funding and are invited to take part in HiiL’s Accelerator programme. In total, 12 teams are also invited to come to The Hague in December to take part in the Justice Entrepreneurship School and present their innovations in the Peace Palace. 

Nathalie Dijkman is the Justice Sector Advisor (East Africa Program Coordinator) at HiiL

Published: September 19, 2017

The Judiciary has developed a robust Information and Communications Technology (ICT) strategy. It is expected that within the next three years, an e-justice will have been operationalized. Chief Justice Bart Katureebe revealed this on Friday while inaugurating the Legal Aid innovations conference at Hotel Africana in Kampala.

Katureebe said it was imperative that the Government facilitates the development of a legal aid policy and law, adopts a-state-funded legal aid scheme and strengthens community-led initiatives, such as local council courts and a paralegal advisory system that would fill the existing gaps in legal aid service provision.

He, however, regretted that the system was still struggling to eliminate case backlog, which he said was one of the greatest systemic barriers against access to justice.

“The sector is also still grappling with the fact that most Justice Law and Orders Sector (JLOS) institutions remain largely urban-based and unavailable in 18% of the district, while 41% of the institutions operate from premises not fit for the purpose.

The justice system is further faced with many other constraints in service delivery that include lack of modern ICT equipment and reliance on manual processes, low budgetary support to sector institutions, limited legal reference materials, poor remuneration and conditions of service for judicial officers and other staff within the institutions and limited knowledge of the law and human rights by the majority population, among others,” Katureebe further lamented.

He said a report by The Hague Institute for Innovation and the Law (HIIL) on Justice Needs 2016 also revealed that 88% of Ugandans experienced difficulty in accessing justice in the past four years, with land and family cases being rated as the top two most critical disputes.

Katureebe noted that only 18% of the Ugandan population receives legal aid services annually, which leaves the majority, especially the poor and most vulnerable, unable to access justice.      

Katureebe said that such a situation leads to frustration sometimes, culminating into criminality manifesting in acts such as suicide and use of extra judicial means like mob justice, which creates insecurity to the population.

He noted that there is an acute shortage of legal practitioners in rural areas and that the legal aid service providers currently available provide project-led interventions, which are not sustainable. 

“Our focus should be on what work for the ordinary persons who form the majority of our population. Once we develop a simple, user-friendly and cost effective justice system, the majority will be satisfied and the rates of satisfaction will hit through the roof, which will have unprecedented impact on the public confidence in the administration of justice in this country,” Katureebe stressed.

Source: New Vision / Published: September 11, 2017