Justice, Law and Order Sector Budget Framework Paper
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THE REPUBLIC OF UGANDA JUSTICE, LAW AND ORDER SECTOR BUDGET FRAMEWORK PAPER FY 2018/19 – FY 2022/23 MINISTRY OF FINANCE, PLANNING AND ECONOMIC DEVELOPMENT Justice, Law and Order Budget Framework Paper FY 2018/19 Sector: Justice, Law and Order Foreword In the financial year 2017/18 the Justice Law and Order Sector (JLOS) started implementing the fourth Strategic Development Plan (SDP IV). Therefore FY 2018/19 is the second year of operation of the SDP IV. The focus of the third Strategic Development Plan was to strengthen legal frameworks and improve service delivery processes, protecting the most vulnerable, improving access to services and enhancing human rights and observance and accountability. JLOS, now in operation for 18 years, is a significant innovation. It is a holistic approach focused on improving the administration of justice, maintenance of law and order as well as the promotion, protection and respect of human rights. JLOS as a sector brings together 17 institutions responsible for administering justice, maintaining law and order and promoting the observance of human rights. The sector has registered significant growth in public confidence, satisfaction and independence over the years. Living to the promise to increase access to JLOS services as outlined in the Third Sector Investment Plan, JLOS has seen major improvements in the enhancement of access to its services. This is reflected in the increased case disposal from an average of 86,000 cases in 2011/12 to an average of 141,809 cases in 2016/17. The presence of sector institutions was also increased at district level through the establishment of new service points covering 82% of the districts and the construction of infrastructure targeting frontline JLOS service points now covering 59.8% of the districts compared to 30% in 2010/11. The lead times, showing the DYHUDJHWLPHWDNHQWRGHOLYHUVHUYLFHVRIPRVWFUXFLDOVHFWRUVHUYLFHVDOVRLPSURYHGDFURVVERDUG Tackling concerns of human rights observance and accountability in JLOS was one of the fundamental policy focus areas for the JLOS SIP III. Strategically, the Sector has undertaken to enhance human rights awareness and practice at institutional and sectoral levels with a view to reduce the incidence of human rights violations. Fundamental achievements registered included enhanced human rights awareness, reduction in pre-trial detainees, expanded functional human rights mechanisms and increased disposal of human rights complaints. Enhancing accountability has been fundamentally anchored on mainstreaming the National Policy on Zero Tolerance to Corruption and entrenching a culture of accountability in management of public services by implementing the sector anti-corruption strategy. Achievements registered have not EHHQDEVROXWHODUJHO\GXHWRUHVRXUFHFRQVWUDLQWVDQGWKHIDFWWKDWV\VWHPLFFKDQJHVDUHRQJRLQJ0\ULDGRI challenges and outstanding work is evident. A strong harmonised and consistent legal, regulatory and policy environment is conducive for national development and is a core public good under the mandate of the Justice Law and Order Sector. Under this Outcome, JLOS institutions implemented activities aimed at creating a strong, harmonized and consistent legal, regulatory and policy environment conducive for national development. This was part of the sector contribution to enhancing productivity, growth, competitiveness and socio-economic transformation. Increase in proportion of the public confident in the enforcement of existing laws; increase in the use of Alternative Dispute resolution (ADR) mechanisms; and increase in target population with access to updated laws. JLOS has endeavoured to create an enabling regulatory environment to achieve the national development goals through strengthening the national legislative framework and enforcing various policy regimes for a harmonious and all-inclusive development of Uganda. Over the past year the proportion of the public confident in the enforcement of existing laws has increased as shown by the high business confidence index of 57.73% and strong investor protection raking now at 95th position from 116 out of 144 countries in DFFRUGLQJWR7KH*OREDO&RPSHWLYHQHVV5HSRUW7KHXVHRI$OWHUQDWLYH'LVSXWH5HVROXWLRQ Justice, Law and Order Budget Framework Paper FY 2018/19 Sector: Justice, Law and Order mechanisms exponentially increased and the success rate also increased from 26% to over 55%. In SDP IV, the sector is continuing with building justice delivery systems that ease accessibility and enhance affordability of civil justice while ensuring effectiveness of criminal investigations, prosecution, adjudication and correctional systems at all levels. The newly approved fourth Strategic Development Plan, will focus on three outcomes which are fully aligned to the NDP II. These include: i.Infrastructure and access to JLOS services enhanced; ii.Observance of human rights and fight corruption promoted; iii.Commercial justice and the environment for competitiveness strengthened. However, achievements of SDP IV will greatly depend on the commitment of the Government in providing the much needed funding to deliver the promises made therein. Sector institutions struggle to deliver their mandates due to inadequate budget provisions. The sector requests that unfunded priorities be considered to enhance attainment of the sector objectives and hence enhance the delivery of services across all sector institutions. Justice, Law and Order Vote Budget Framework Paper FY 2018/19 Vote:007 Ministry of Justice and Constitutional Affairs V1: Vote Overview (i) Snapshot of Medium Term Budget Allocations Table V1.1: Overview of Vote Expenditures Billion Uganda Shillings FY2016/17 FY2017/18 FY2018/19 MTEF Budget Projections Approved Spent by Proposed 2019/20 2020/21 2021/22 2022/23 Outturn Budget End Sep Budget Recurrent Wage 3.301 3.717 0.851 3.717 4.089 4.293 4.508 4.733 Non Wage 44.632 46.338 10.819 46.177 56.335 64.786 77.743 93.291 Devt. GoU 30.171 30.915 8.111 30.915 37.717 45.260 45.260 45.260 Ext. Fin. 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 GoU Total 78.105 80.971 19.780 80.809 98.141 114.339 127.511 143.285 Total GoU+Ext Fin 78.105 80.971 19.780 80.809 98.141 114.339 127.511 143.285 (MTEF) A.I.A Total 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Grand Total 78.105 80.971 19.780 80.809 98.141 114.339 127.511 143.285 (ii) Vote Strategic Objective V2: Past Vote Performance and Medium Term Plans Performance for Previous Year FY 2016/17 Defending Civil Suits In the FY 2016-2017, the Attorney General represented Government in various courts and tribunals across the country. Fifty four (54) cases were concluded out of which 23 cases were won saving Government UGX. 198.155bn. Thirty (30) cases were lost due to lack RIZLWQHVVHVDQGLQVWUXFWLRQVIURP0'$VDQGSODXVLEOHGHIHQFHV Legislative Drafting In the FY 2016-2017, the Ministry drafted and published 19 Bills and 18 Acts. Other pieces of legislation drafted included 80 Statutory Instruments, 20 Legal Notices and 7 Ordinances The following Bills were published:- 1. The Cooperative Societies (Amendment) Bill, 2016 2. Bio Fuels Bill, 2016 3. International Conference for Great Lakes Implementation of the Pact on Security, Stability and Development of the Great Lakes Region Regulations 2016, 4. /RFDO*RYHUQPHQWV $PHQGPHQW %LOO 5. Sugar Bill, 2016 6. Anti-Terrorism (Amendment) Bill, 2017, No.1 of 2017. 7. Income Tax (Amendment) Bill, 2017, No.2 of 2017. 8. Value Added Tax (Amendment) Bill, 2017, No.3 of 2017. 9. Tax Procedure Code (Amendment) Bill, 2017, No.4 of 2017. 10. Income Tax (Amendment) (No.2) Bill, 2017, No.5 of 2017. 11. Excise Duty (Amendment) Bill, 2017, No.6 of 2017. 1 Justice, Law and Order Vote Budget Framework Paper FY 2018/19 Vote:007 Ministry of Justice and Constitutional Affairs 12. Lotteries and Gaming (Amendment) Bill, 2017, No.7 of 2017. 13. Appropriation Bill, 2017, No.8 of 2017. 14. The Investment Code Bill, 2017. 15. The Civil Aviation Authority (Amendment) Bill, 2017. 16. The Uganda wildlife Bill, 2017. 17. The Local Government (Amendment) Bill, 2017. 18. The Constitution (Amendment) Bill, 2017. 19. The Supplementary Appropriation Bill, 2017. The following Acts were published;- 1. The Uganda Heart Institute Act, 2016 2. The Uganda Wildlife Research Training Institute Act, 2016. 3. The Uganda Wildlife Research Training Institute Act, 2016.(No.17/2016) 4. Tier Four Micro Finance Institutions and Money Lenders Act 2016 5. Uganda Cancer Institute Act, 2016. 6. Income Tax (Amendment) Act 2016. 7. Local Governments (Amendment) Act, 2017, No.1 of 2017. 8. East African Development Bank (Amendment) Act, 2017,No.2 of 2017 9. The Anti - Money Laundering (Amendment) Act, 2017. 10. The Anti ±Terrorism (Amendment) Act, 2017. 11. The Leadership code (Amendment) Act, 2017. 12. The Insurance Act, 2017. 13. The Immunization Act, 2017. 14. The Value Added Tax (Amendment) Act, 2017. 15. The Tax Procedures Code (Amendment) Act, 2017. 16. The Income Tax (Amendment) Act, 2017. 17. The Excise Duty (Amendment) Act, 2017. 18. The Lotteries and Gaming (Amendment) Act, 2017. Legal Advice In the FY 2016-2017, 4855 requests for contracts and Memorandum of Understanding reviews were received out of which 4621 were responded to and 234 are still pending. The performance level was at 94%. 234 were still pending due to incomplete requests submitted by the entities and delays in submitting prerequisite additional information. Similarly, 591 requests for Legal Opinion were received, out of which 501 were responded to and 90 are still pending. Additionally, 476