6Th Jlos Forum Report

6th Jlos Forum Report

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SIXTH NATIONAL JLOS FORUM

Theme: A Pro-People Justice System

March 19 – 21, 2012

Speke Resort Munyonyo

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Table of Contents LIST OF ACRONYMS...... 4 EXECUTIVE SUMMARY...... 5 INTRODUCTION...... 8 SESSION ONE...... 8 Opening Remarks by His Excellency Jeroen Verheul Ambassador of the Kingdom of Netherlands and Chair of JLOS Development Partners Group...... 8 Welcome Remarks by Hon. Maj. General Kahinda Otafiire, Minister of Justice and Constitutional Affairs...... 9 Remarks by His Lordship Justice Benjamin Odoki, the Hon. Chief Justice of Uganda...... 10 Launching the JLOS Strategic Investment Plan III...... 11 Keynote address and official opening speech by the Rt. Hon. RebeccaA. Kadaga, Speaker of the Parliament of Uganda...... 11 SESSION TWO...... 12 Unblocking the potential for informal justice processes...... 12 Hon. Justice Moses Mukiibi, Judge of the High Court...... 12 Hon. Apollo Makubuya, Attorney General of Buganda Kingdom...... 13 Rwot David Onen Achana II, Lawiirwodi of Acholi...... 15 Dr, Laban Nnini Kirya, Member Judicial Service Commission/Member Public Service Commission...... 15 Ms. Judy Adoko, Executive Director Land and Equity Movement Uganda...... 16 Plenary Discussion...... 17 SESSION THREE...... 18 Building an effective civil service for wealth creation and national development...... 18 Mr. John Mitala, Head of Public Service and Secretary to Cabinet...... 18 Ms. Allen Kagina, Commissioner General Uganda Revenue Authority...... 19 Plenary Discussion...... 20 SESSION FOUR...... 21 Community Policing, a new approach to crime prevention, safety of person and security...... 21 Mr. Okoth Ochola, Deputy Inspector General of Police, Uganda Police Force...... 21 Mr. Issa Sekitto Spokesperson, Kampala City Traders Association (KACITA)...... 21 Plenary Discussion...... 23 SESSION FIVE...... 23 Civil society engagement in the justice system: What went wrong?...... 23 Ms. Eunice Musiime Kataaha Ag. Director of Programmes, Uganda National NGO Forum...... 23 Prof. Joe Oloka Onyango, Faculty of Law, Makerere University Kampala...... 24 Plenary Discussion...... 25 SESSION SIX...... 27 Regulatory challenges and obstacles to private sector growth...... 27 Hon. Gerald Sendaula, Chairman the Private Sector Foundation Uganda...... 27 Hon. Isaac Musumba, Chairperson Uganda Registration Services Bureau...... 27 Prof. Waswa Balunywa, Principal Makerere University Business School...... 28

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SESSION SEVEN...... 29 Planning and budgeting for a pro people justice delivery system...... 29 Mr. Patrick Ocailap, Director Budget, Ministry of Finance, Planning and Economic Development...... 29 Bishop Zac Niringiye Board Chairperson, African Peer Review Mechanism...... 29 Plenary Discussion...... 30 KEY RECOMMENDATIONS FROM THE FORUM...... 31 KEY RESOLUTIONS OF THE 6TH NATIONAL JLOS FORUM...... 34 CLOSING SESSION...... 35 Remarks by the Principal Judge, Justice Yorokamu Bamwine, Member JLOS Leadership Committee...... 35 Closing Speech by the Hon. Justice Benjamin Odoki, Chief Justice of Uganda and Chairperson, JLOS Leadership Committee...... 36 APPENDICES...... 37

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List Of Acronyms

ADR Alternative Dispute Resolution AG Attorney General APRM African Peer Review Mechanism CSOs Civil Society Organisations DCCs District Coordination Committees DIGP Deputy Inspector General of Police JLOS Justice Law and Order Sector KACITA Kampala City Traders Association LC Local Council MoJCA Ministry of Justice and Constitutional Affairs NDP National Development Plan NGO Non-governmental Organisation PSFU Private Sector Foundation Uganda URA Uganda Revenue Authority URSB Uganda Registration Services Bureau

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Executive Summary

The Justice Law and Order Sector (JLOS) held the Sixth National JLOS Forum on March 19 – 21, 2012 at the Speke Resort Munyonyo in Kampala. The Forum, held under the theme: A pro-people justice system, was attended by participants drawn from among the JLOS institutions and other government agencies, key partners and stakeholders such as politicians, representatives of traditional and cultural leaders, academicians, civil society, private sector, development partners as well as opinion leaders and the general public.

The Sixth National JLOS Forum was held with the aim of continuing the dialogue and sharing experiences with stakeholders on how to improve the administration of justice, maintenance of law and order and promotion of human rights. Specifically the Forum provided a platform for in-depth discussions on: 1. The role and responsibilities people play in administration of justice; 2. Identifying interventions to bottlenecks limiting private sector growth in Uganda; 3. Tackling corruption affecting service delivery across the justice chain; and 4. Agreeing on minimum benchmarks for pro-people planning and budgeting across the justice chain.

The opening remarks were made by the Chairperson JLOS Development Partners Group, His Excellency Jeroen Verheul Ambassador of the Kingdom of Netherlands, the Hon. Minister of Justice and Constitutional Affairs Maj. Gen. Kahinda Otafiire as well as His Lordship Justice Benjamin Odoki, the Hon. Chief Justice of Uganda and Chairperson JLOS Leadership Committee. The Sixth National JLOS Forum was officially opened by the Speaker of the Parliament of Uganda, the Rt. Hon. Rebecca A. Kadaga.

Six topics were discussed by panellists as well as the plenary as follows:

1. Unblocking the potential for informal justice processes. The panel consisted of the Hon. Justice Moses Mukiibi, Judge of the High Court, Representative of Rwot David Onen Achana II, Lawiirwodi of Acholi, Hon. Apollo Makubuya, Attorney General of Buganda Kingdom, Dr. Laban Nnini Kirya, Member Judicial Service Commission and Public Service Commission, and Ms. Judy Adoko Executive Director Land and Equity Movement in Uganda.

2. Building an effective civil service for wealth creation and national development. The panel consisted of Mr. John Mitala, Head of Public Service and Secretary to Cabinet and Ms. Allen Kagina Commissioner General Uganda Revenue Authority.

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3. Community policing, a new approach to crime prevention, safety of person and security of property. The panel consisted of Mr. Okoth Ochola Deputy Inspector General of Police and Mr. Issa Sekitto Spokesperson, Kampala City Traders Association (KACITA).

4. Civil society engagement in the justice system: What went wrong? The panel consisted of Ms. Eunice Musiime Kataaha, Ag. Director of Programmes Uganda National NGO Forum and Prof. Joe Oloka-Onyango, Faculty of Law Makerere University.

5. Regulatory challenges and obstacles to private sector growth. The panel consisted of Mr Moses Ogwal Private Sector Foundation Uganda, Hon. Isaac Musumba, Chairperson Uganda Registration Services Bureau and Prof. Waswa Balunywa Principal Makerere University Business School.

6. Planning and budgeting for a pro-people justice delivery system. The panel consisted of Mr. Patrick Ocailap Director Budget Ministry of Finance, Planning and Economic Development and Bishop Zac Niringiye Board Chairperson African Peer Review Mechanism.

The Forum was officially closed by the Hon. Justice Benjamin Odoki Chief Justice of Uganda and Chairperson, JLOS Leadership Committee.

The Hon. Justice Benjamin J. Odoki, Chief Justice of Uganda delivering his opening address at the 6th JLOS Forum 7 6th Jlos Forum Report

Resolutions

The Forum came up with eleven resolutions as follows: 1. Institute structured mechanisms for enhancing the role of civil society in justice delivery.

2. Institute mechanisms for effective implementation of laws.

3. Explore cost effective alternative means of increasing people’s access to JLOS services, including ICT strategies.

4. Enhance public awareness and knowledge of the people of their rights, obligations and responsibilities.

5. Engage with traditional institutions to have the traditional justice systems documented, reviewed, modified and infused with human rights

6. Explore mechanisms of linking and strengthening the traditional and informal justice mechanisms to supplement the formal justice system.

7. Support and strengthen the community policing strategy in Uganda.

8. Review the public service structures within JLOS institutions to enhance efficiency and effectiveness in service delivery.

9. Re-engineer JLOS processes and procedures to enhance JLOS service delivery.

10. Support research to inform the process of evolving policy and laws to regulate for private sector growth.

11. Ensure that prioritisation and implementation of sector plans and budgets focus on achievement of results which address the real needs of the people. Strengthening existing mechanisms for monitoring and evaluation at sector and institutional level

The Rt. Hon. Speaker of Parliament, Hon. Rebecca Kadaga launching the JLOS Third Strategic Investment Plan 8 6th Jlos Forum Report

Introduction

The Justice Law and Order Sector (JLOS) held the Sixth National JLOS Forum on March 19 – 21, 2012 at the Speke Resort Munyonyo in Kampala. The Forum, held under the theme: A pro-people justice system, was attended by participants drawn from among the JLOS institutions and other government agencies, key partners and stakeholders such as politicians, traditional and cultural leaders, academicians, civil society, private sector, development partners as well as opinion leaders and the general public.

The National JLOS Forum is traditionally held to provide a platform to share information on topical issues and to raise issues on access to justice pertinent to all stakeholders; to enable the sector showcase its successes, explain its constraints and reflect on its performance as mirrored against stakeholders’ expectations; and enable it to highlight priorities for the coming year.

The Sixth National JLOS Forum was held with the aim of continuing the dialogue and sharing experiences with stakeholders on how to improve the administration of justice, maintenance of law and order and promotion of human rights. Specifically the Forum provided a platform for in-depth discussions on: 1. The role and responsibilities people play in administration of justice 2. Identifying interventions to bottlenecks limiting private sector growth in Uganda 3. Tackling corruption affecting service delivery across the justice chain; and 4. Agreeing on minimum benchmarks for pro-people planning and budgeting across the justice chain.

9 6th Jlos Forum Report SESSION ONE Opening Remarks by His Excellency Jeroen Verheul Ambassador of the Kingdom of Netherlands and Chair of JLOS Development Partners Group

The Ambassador appreciated the open and direct way issues were being discussed within the sector at the technical and leadership level. He described the Forum as a platform for JLOS to interact with civil society to discuss the development of the sector, get external feedback on its performance and strategise on how to enable the sector’s clients enjoy the services it is mandated to provide. He said for this reason, the development partners welcomed the theme of the Forum. He said it was important in talking about the development and improvement of JLOS to put into consideration both the demand and supply side of justice. H.E Ambassador Jeroen Verhuel He said the end of the war in northern Uganda had opened up opportunities for reconstruction and development but cautioned against concentration on building physical infrastructure at the expense of the current needs of the people, the most important of which was efficient and quality service delivery. This he said included accessing services in a timely manner, finding and being attended to by service providers at the duty station and being informed clearly of how systems and processes work and being updated on progress of one’s issues and when to check again.

The Ambassador said the development partners welcomed the initiative of JLOS signing contracts with non-state actors, especially civil society. This he said would enhance delivery on the real aspirations of the people in that it would increase the possibility of their voices being heard.

He welcomed the SIP III as an important tool in the sector but stressed the importance of implementation of laws as a critical aspect of a mature justice system; the need to rationalise the process of enhancing access to JLOS institutions through the efficient use of existing JLOS facilities and without necessarily struggling to keep the expansion of the physical infrastructure at the same pace as the growth of districts. He also called for strengthening of the inspectorate system and its coordination within JLOS in order to improve the public opinion on JLOS services. He concluded by emphasising the importance of traditional justice systems which he said enjoyed better adherence from the people in case of conflict and expressed the need to link them to the formal justice system in a way that is compatible with acceptable standards on human rights and dignity.

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Welcome Remarks by Hon. Maj. General Kahinda Otafiire, Minister of Justice and Constitutional Affairs

The Minister welcomed all participants to the Forum which he described as an opportunity for the sector to listen to its stakeholders and develop strategies for continued reform in the administration of justice and maintenance of law and order. Referring to the JLOS Open Day held the previous day at the Railways Gardens in Kampala, the Minister said the sector institutions were able to reach out to the Hon. Maj. Gen. Kahinda Otafiire public.

He said JLOS institutions showcased their processes and procedures while at the same time hearing from the public on what needs to be improved.

He informed the Forum that from the resolutions of the Fifth JLOS Forum which was on free and fair elections, the sector had developed a strategy for hearing cases which led to all election matters being disposed of within six months. He said this development was unprecedented in Africa. Law reform, he said, was another ongoing process with the sector committed to fast tracking all pending laws and enacting new ones.

He explained the theme and the objectives of the Sixth JLOS Forum which he said was an opportunity to address priority issues necessary for building a strong, efficient and effective justice system. He said the theme was identified to highlight the important functions and responsibilities people play in the administration of justice and maintenance of law and order

Remarks by His Lordship Justice Benjamin Odoki, The Hon. Chief Justice of Uganda

The Chief Justice welcomed all participants to the Forum. He said the prospects of JLOS would depend on what opportunities exist and how they function, therefore the sector appreciated the work of Parliament in enhancing democracy and good governance in Uganda. He lauded the cooperation between the Government and the Judiciary and called for its strengthening in order to enhance the checks and balances. His Lordship Justice Benjamin Odoki

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He emphasised the role of Parliament in providing the legal framework and appreciated it for passing about 80 per cent of the JLOS-sponsored laws. He urged Parliament to pass the pending Bills on marriage and divorce as well as companies. Giving a brief description of JLOS in Uganda, the Chief Justice said it was the leading sector and a model for best practice in Africa being the first and most effective. He said the theme of the Forum underscored the significant role people play in the administration of justice adding that the sector was committed to taking all necessary measures to involve people as the constitutional objective states.

He said the sector recognised that uninformed people cannot effectively participate, advocate or influence hence the focus on increasing their awareness through the media as well as barazas and enhancing their involvement. He said it was for this reason that there was a deliberate move to deliver simple judgements in court that ordinary people can understand. He said the sector would adopt a pro-people communication strategy emphasising talking to the people and promoting mutual communication.

The Chief Justice expressed concern that people know about their rights but know little about their obligations and if they do they choose to ignore them. He said society can only change what it can perceive thus calling for getting the law to the people through translations and simplification.

Launching the JLOS Strategic Investment Plan III

The Chief Guest, the Right Honourable Speaker of Parliament officially launched the Third JLOS Strategic Investment Plan covering the financial years 2012/13 to 2016/17 and signed a number of copies after which she delivered the keynote address.

Keynote address and official opening speech by the Rt. Hon. Rebecca Alintuma Kadaga, Speaker of the Parliament of Uganda

The Hon. Speaker informed the Forum that Parliament had given priority to the JLOS and pledged that before the end of the next session, three pending bills would have been handled as she had shortened the Rt. Hon. Rebecca time between the first and second readings of the Bills. Alintuma Kadaga The Speaker said that in contrast to the criminal justice system in the country, the African traditional system believed in restitution while the English system does not. She said a guilty person is fined or jailed but the victim does not benefit. In marriage, she said, one family exchanged gifts under the traditional system. She expressed the need to liberate the people from the concurrent legal systems in which they live, citing Botswana where the traditional system is funded and supported by the Government and the legal regimes are working together.

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She observed that accessing justice was expensive in terms of time. She called for the traditional systems in Uganda to be qualified and infused with human rights so that the parties can feel they have got justice. She said in Uganda the traditional values should be incorporated in the formal system. The speaker made a passionate appeal for support for local courts through training and resourcing among others as well as legal aid. She condemned corruption which she said had negated the justice system by alienating the people. This she said had caused the perception that justice is not free and whoever had got justice has paid for it. While appreciating the SIP III and the focus on fighting corruption, the Speaker called on the sector to draw lessons from Singapore which had reduced corruption by simplifying and reducing procedures and processes. She called for the use of technology to cut out the red tape from bureaucratic practices.

Commenting on the doctrine of the separation of powers and the policy that the Attorney General is the legal advisor to all government institutions, and in reference to recent developments before the House, the Speaker appealed for policy change so that Parliament can be allowed to be represented by a lawyer of their choice in the event that the Attorney General is unsupportive.

Mr. John Mitala, Head of Public Services & Secretary to Cabinet Presenting while the Hon. Min. of Justice and Constitutional Affairs looks on.

The Panelists of Informal Justice Mechanisms 13 6th Jlos Forum Report

SESSION TWO

Unblocking the potential for informal justice processes

Hon. Justice Moses Mukiibi, Judge of the High Court

The presenter submitted that Uganda has different communities which have different traditions, customs and norms for dispute resolution. He cited examples of fora for dispute resolutions as a council of elders, clan leaders or a representative body chosen and approved by the community. He said that traditional dispute resolution systems have been used in succession and inheritance matters, customary land ownership cases and domestic relations matters.

Expounding on how these systems worked, he presented the historical perspective of succession and inheritance matters arguing that customary practices have continued today because of ignorance of the national laws, the respect that people have for the customs and culture they are more familiar with, and challenges in accessibility of offices handling these matters. He further cites as challenges the long and expensive court processes whereas customary practices are quick and cheap, and the fact that customary practices are easy to manipulate by relatives who wish to grab the deceased’s property and that in communities where land is held under customary tenure customary practices are useful to ensure that land remains with clan members.

The presenter further explain the religious practices of succession particularly referring to the recognition by the Constitution of Uganda of Islamic laws governing marriage, divorce, property inheritance and guardianship. He explained the challenges of reconciling the provisions on intestate succession in the Succession Act with those in the relevant Islamic/Sharia law. He said there seemed to be inadequate knowledge on the principles underlying Sharia law on succession as it is equated to customary law. He informed the Forum that the Uganda Law Reform Commission had recommended that the amendment to the Succession Act should stipulate the special position of Islamic law as an exception.

On land the presenter said the Constitution provides for customary tenure as one of the tenure systems and therefore customary law still applies in land acquisition, ownership, use and occupation, transactions, determinations and verification of boundaries and settlement of disputes. The Local Council Act also provides some jurisdiction in land matters as well as the Land Act that provides for Land Committees. He said land owners under customary tenure can choose to take their disputes to the clan or LC Court or Magistrate’s Court. However, he said those that choose formal courts have to grapple with challenges

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including corruption, illiteracy and ignorance of the law and procedures, busy schedule of courts and backlogs, lengthy legal procedures, high costs and expenses including transport.

He submitted that traditional land administration and dispute resolution systems have to continue because they are rooted in customs, traditions and practices of communities; the systems understand what owning land in a community really entails; the majority of Ugandans depend on sustainable land management for their livelihoods; the poor must be protected from wealthy land grabbers; the clan elders have a critical role in resettlement of their people; the dispute resolution mechanisms are socially and culturally acceptable; and this system fills the gap left by the formal justice system. He also cited some disadvantages of the system including challenges of accountability of traditional institutions, fairness and ignorance of the rules of natural justice, limited appreciation of underlying human rights issues, difficult enforcement of decisions, the male-dominated systems that may not protect women’s rights and biases in favour of their own in disputes involving migrants and minorities.

On marriage, the presenter said the question of whether or not a marriage under customary law exists is adjudicated using informal justice systems within the various communities which also make decisions on the rights of men over children born of a union not qualifying as a customary marriage.

Justice Mukiibi concluded that informal justice processes have great potential, are pro-people and will continue to complement the formal justice system.

Hon. Apollo Makubuya, Attorney General of Buganda Kingdom

The presenter submitted that because Buganda Kingdom dates back to the ancient times it had developed strong cultural institutions and beliefs, with political, administrative and judicial powers which diminished with colonialism and post-colonial administration. He said this led to the kingdom now existing in a defacto rather than dejure sense. He said the national constitution bars the kingdom from legislative, political and judicial powers and the Traditional Leaders Act 2010 recognises traditional mechanisms for the communities to determine whether they can have a cultural leader or not. He said the people of Buganda continue to employ traditional mechanisms in resolution of criminal and civil cases like family, property and land ownership. He said customary justice in pre-colonial Buganda was elaborate, well developed, generally homogenous in application and operated at the family, clan and village level. The presenter explained in detail the customary justice system, from the family level, as well as the parallel village system and the respective appellate structures up to the Kabaka (king) who was the highest arbiter and whose decision was final.

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He said the traditional mechanisms followed the principles of fairness, reconciliation, restitution and impartiality.

The presenter explained that issues of natives were handled by native courts until the 1900 Agreement created a dual legal process that was applicable to both natives and non-natives but which existed until independence in 1962 when they were abolished and traditional justice written off.

On the formal justice system, the presenter said it was grappling with challenges like the poor access by the poor and marginalised, affordability and delays and the fact that the natives fear courts due to the inundating court processes and procedures. He said the customary and traditional justice systems continue to be applied in many communities without legal backing because they promote social cohesion, peace and harmony; they offer dispute resolution mechanisms that communities are familiar with; they are affordable and quick. However, he said they are constrained by the political environment, western cultures and religious beliefs, disappearance of the traditional leaders like in Ankole and Busoga.

The presenter submitted that the potential to revive customary and traditional justice systems was strong in Buganda given that the clan and administration structures as well as the infrastructure still exist and what was lacking was a policy and legal framework, including a constitutional amendment, to enable them play that role.

He recommended a federal system of government to facilitate the revival and strengthening of traditional justice systems; undertaking a study to understand how the systems operate; formulation of policy and legal framework to support them; and constitutional review or amendment to recognise and allow them to operate. He concluded by asserting that traditional institutions are relevant to the people in terms of socio-cultural aspirations, they help to improve access to justice and their revival requires the goodwill of government.

Rwot David Onen Achana II, Lawiirwodi of Acholi

The presenter, who represented the Lawiirwodi of Acholi, asserted that traditional systems do exist in all communities. He explained the traditional justice structure of the Acholi and the 54 chiefdoms which he said continued to be applied alongside the formal system. He said it is premised on the need to restore relationships and therefore it has no death sentence; the core of the issue is truth telling on the part of the offender; spirituality and the capacity of spiritual vengeance plays a role; and when it is about grave offences it involves the whole community and clan. He explained that the system operates at the family, village, clan and tribe levels.

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He described the process of administration of justice as involving consultative missions to establish what has happened; assembling of community members; statements from the offender and offended; and truth telling. In all this, he said, the people try to safeguard against grave consequences. He said minor offences at family level have simple processes that involve cleansing ceremonies, mediation, truth finding and some compensation and traditional reconciliation rituals.

However, the presenter acknowledged some of the weaknesses of the Acholi traditional justice system as having the possibility of manipulation; the lack of recognition of women and children; and the inability to determine whether the compensation is satisfactory for the victim and the lack of room for appeal.

He recommended mutual understanding between the traditional and formal processes to establish how they can feed into each other; a study by the traditional leaders of the traditional justice system especially with a view of reforming how it treats women and children so that it can benefit everybody; harmonization of the contradictions between the different levels of local councils courts. He concluded by saying traditional systems require modification to address their weaknesses and enhance their strengths.

Dr, Laban Nnini Kirya, Member Judicial Service Commission/Member Public Service Commission

The presenter, who focused on the Bagwere Clan adjudication process, described who their origin, their ancestral connections, movements, and settlements. He said the Bagwere traditional system was heavily influenced by Semei Kakungulu who introduced the Kiganda system of administration between 1890 and 1905. With this came the clan judges and councils which handled succession cases and land disputes. He said the defendant would pay damages and also get corporal punishment if found culpable and there was an appeal system. He said with the introduction of the Kiganda system of land adjudication there was transition from clanship to local government which came with structures and processes that were alien to the traditional system.

He submitted that the clans are no longer homogenous in their localities as they have been infiltrated by non-clan members; the population explosion has appreciated the value of land and therefore increased the potential for land disputes, yet existing mechanisms like land boards, tribunals and courts of law are alien to the traditional system. He said the traditional justice system was grappling with challenges of split loyalty of clan members which can no longer be guaranteed; the current demands of land justice which are beyond its scope and capacity as well as the need for nationally focused solutions to address the land scarcity. However, he said the clan courts were better placed to handle individual land ownership disputes since neighbours know the ownership better but appeals could still lie with the formal courts.

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He recommended strengthening of clan or tribal land ownership to forestall the impact of infiltration of clans and reduce potential inter-clan feuds.

Ms. Judy Adoko, Executive Director Land and Equity Movement Uganda

Through presentation of case studies that are typical of what occurs in the land justice arena, the presenter made a case for land rights to be protected by the clan and the state. She raised several concerns on challenges of applying the traditional justice system in land justice.

She submitted that there was no enabling law to give effect to the sections of the Land Act that gives the traditional authority the power to determine or mediate disputes over customary land. In addition, she said the judgements of the traditional institutions were easily ignored. She said the winners in land cases had to look for a body to enforce the rulings many times ending up like they are appealing to higher authorities. She noted that police was constrained to effectively handle so many land disputes especially with their inadequate knowledge of land rights, and further said civil cases were easily degenerating into criminal cases with the rising land grabbing.

Other concerns the presenter raised were the parallel land justice system provided for in the Land Act as well as the Local Council Courts system; the limited knowledge of land rights and how to prove them in court in particular the absence of documentary evidence, the prohibitive costs of travel to reach courts and for court visits to the lands in dispute. She also raised the issue of too many actors in land justice resulting in confusion in referrals, delayed justice, forum shopping, backlog and lack of confidence in the system. The presenter also pointed out the constraint of inability of alternative dispute resolution mechanisms to work well in land grabbing issues. She noted that LC courts are currently illegal.

However, the presenter noted that clan courts have the social responsibility to protect, the disputes are kept within the clan, the witnesses would be drawn from the clan, justice is much faster, nearer and cheaper, the clan system is a simple justice system that people understand as it is their way of life, and it is about justice not legality. She recommended that land justice should be removed from LC courts to be handled by traditional systems appealable to the formal courts.

She recommended a practice direction by the Chief Justice narrowing the clan justice pathways, laws recognising traditional justice systems, providing for land administration for customary land to prevent land conflicts, correctly understanding land rights, using the PPRR books to prove customary land

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rights in courts, and criminalisation of land grabbing. She concluded saying the state cannot give land justice without involving the traditional systems. She called for traditional land justice systems and state justice systems to work together in partnership and in harmony; not in parallel or undermining each other, so that the sector can then offer justice for all.

Plenary Discussion

The following issues were discussed during the plenary: 1. The escalating land grabbing especially by the wealthy and powerful who displace many poor people in the name of investment needs to be urgently addressed by JLOS. The issue of many landless people needs to be addressed. 2. The potential of land grabbing through the use of formal laws, exploitation of knowledge by the economically or socially powerful with a system that focuses on legality rather than justice, at the expense of the women, children, and the poor. There was a concern that people usually won land cases at LC 1 and 2 because the local council leaders know the land boundaries but when the appeal goes to the magistrates courts they lose the cases moreover without the magistrates visiting the disputed land. 3. The need for people’s courts or community meetings on a regular basis as the problem stems from the lack of regular fora for justice, accountability and information flow. 4. The nature of the formal justice system that is oppressive to the poor who are usually intimidated by the court processes and are extremely vulnerable when they are not represented by lawyers. The insufficient and non-sustainablepro bono services offered by the Uganda Law Society were noted with a call for a programme to support legal aid services with public funds. 5. The need to take into account, when handling land matters and land grabbing, some special circumstances like a childless widow who tries to sell land that she inherited from her husband 6. Clarification that LC courts are not illegal and government was working to hold the LC 1 and 2 elections so that LC courts can dispense justice. JLOS was urged to ensure that once elections are held, these courts are constituted and their capacity built because they are the pro-people justice mechanisms. 7. The challenges caused by the mandatory representation of all government bodies by the Attorney General and the consequences of the inability of state attorneys to always effectively represent. There was a call to allow Parliament and local governments to hire their own lawyers. It was clarified that the law allows local governments to seek the authority of the AG to hire their own lawyers if they cannot be represented. 8. The need to be cautious when dealing with customs as they are dynamic. The current hybrid of state systems and customary systems need to be harmonised to reduce the confusion as well as make the context very clear. It is important that such harmonisation be done through a process of extensive consultation and dialogue. A need was raised for a legal framework and effective resourcing and fusing of expertise in either system to enable the amalgamation of the two systems. A call was made for learning from best practices in Botswana, Malawi and South Africa.

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SESSION THREE

Building an effective civil service for wealth creation and national development

Mr. John Mitala, Head of Public Service and Secretary to Cabinet

The presenter defined public service as “any civil capacity of the government the emoluments for which are payable directly from the Consolidated Fund or directly out of monies provided by Parliament”. He said the Constitution clearly provides for the offices of public service. He revealed that as of end of February 2012, the public service strength was 281,984 persons. He described the public service as the implementing hand of government manned by technically qualified persons who assist the political leadership to come out with what is ideal politically, economically and technically as well as practically viable given the different variables existing in the country.

He outlined the conditions necessary for an effective public service as: recruitment of necessary personnel in numbers and qualifications; transparency in appointments and promotions; scientifically determined, equitable pay; security of tenure; appropriate structures for ministries and departments appropriately manned; adequate budgetary allocations to the ministries and departments for them to carry out their functions; coordination and information sharing within government; and keeping the public service as a learning organisation.

The presenter said the public servants were expected to respect the fundamental universal principles of public service of equality of treatment, neutrality, legality and continuity; understand the needs, demands and wishes of the society; ensure that they are accountable and that resources they are entrusted with are not diverted; have an effective monitoring and evaluation mechanism to detect shortcomings and take remedial action in good time. He said public service employees need to be up-to-date with developments, have the right attitude and be patriotic.

He concluded by urging public servants to turn the challenges facing them into opportunities to achieve the desired goals but without leaving the people behind. He called for commitment which he said was critical for getting things done.

Ms. Allen Kagina,

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Commissioner General , Uganda Revenue Authority The presenter who was represented by Mr William Kiganda the Assistant Commissioner for Research at URA, started by defining and describing the civil service. The presenter outlined the challenges in the civil service as: National capacity building strategy, tracking employee performance management, inadequate systems to manage the employee register, attracting and retaining talented people and focusing on budget rather than planning. Other challenges were identified as: Developing the right attitude for professionalism and making people transparent and accountable, developing model leaders and professionals, building values such as integrity to fight corruption, bureaucracy and the need to win trust in excellent service delivery.

The presenter submitted that with the government support, the National Development Plan theme of ‘Growth, employment and social economic transformation for prosperity’, investment in technology and globalisation were opportunities to enhance service delivery.

She recommended developing a vision for the civil service transformation that would include image change, creating a new civil service that is business-oriented, has a sense of urgency and with a new work ethic, developing a road map for institutional transformation, modernising the people to enhance their productivity, reorienting staff to service delivery and result-oriented performance management, among others.

Plenary Discussion

The discussions centred on the following issues: 1. The challenge of training in schools especially the questionable quality of the human resource currently graduating from there as well as the lack of mentoring programmes for fresh graduates. Government ministries and agencies were challenged to build the capacity of new staff. 2. The need for arms of government to complement and support each other instead of competing and fighting for supremacy, as well as the need for political leadership to support the JLOS institutions to enhance their capacity to deliver on their mandate. It was acknowledged that Uganda would not be developed in bits; each government arm or agency needed to work with others in fulfilment of its mandate. 3. The poor remuneration in the civil service which demotivates civil servants and leads to challenges related to staff retention, a factor responsible for the loss of lawyers from public service to private sector; and the changed terms of public service from permanent and pensionable to contracts which threaten security of tenure of the civil servants. It was recommended that all salaries of public servants including those of Members of Parliament should be harmonised and set by a central government body.

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4. The need to focus on provision of services with great emphasis on professional quality service. It was acknowledged that the relationship between politicians and civil servants was problematic but civil servants were urged to welcome political leaders and support them so that they deliver on their election promises. However, politicians were cautioned on ignoring the advice of the AG and taking decisions politically which many times have backfired as such positions could not be defended legally. 5. The need for Parliament to come up with a law to operationalise Article 17 of the Constitution of Uganda on the duties of a citizen so that fulfilment of the duties can be enhanced and citizens held accountable in the event of non-compliance.

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SESSION FOUR

Community Policing, a new approach to crime prevention, safety of person and security

Mr. Okoth Ochola, Deputy Inspector General of Police, Uganda Police Force

The presenter gave a background from the time of introduction of community policing in the Uganda Police Force in 2000. He said the legal basis for community policing in Uganda is both legal, grounded in the Constitution and doctrinal as a philosophy and strategy of the institution. He described it as is a joint effort between the citizen and the police in addressing the local crime problems through defining their problems, getting involved in the planning of the solutions, assisting in implementing the plans and deciding if they feel their needs are being satisfied.

He defined community policing as a proactive approach to policing in which the Police builds partnerships with other government departments (particularly, the local government), NGOs, and the community, generally, with the objectives of detecting crimes and criminals (real and potential), and addressing the root causes of crime, as well as the fear of crime.

Describing the benefits of community policing, the DIGP said it provides stronger safer communities, better understanding of police limitations, gives self-satisfaction from solving problems, results in creative and innovative personnel who are problem solvers, police get familiar with people and their concerns and understand community attitudes. Other advantages outlined by the presenter was that community policing is an effective way for crime prevention as it ensures provision of resources and their effective and efficient utilization, improves communication between the community and the police, improves police accountability, promotes constitutionalism, respect and observance of human rights, improves investments and quality of life, assists in intelligence-led operations as well as supports vulnerable groups in society.

He concluded by asserting that communities that are empowered and involved in crime prevention, are more willing to support the Police in devising strategies, and do commit their resources to achieve solutions for identified problems.

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Mr. Issa Sekitto Spokesperson, Kampala City Traders Association (KACITA)

The presenter said the concept of community policing in Uganda dated as far back as 1989 initiated by a few police officers in specific locations to curb the increasing crime then. The idea, he said while detailing the historical background of community policing in Kampala, was mainly to find ways how people would police themselves through vigilance. This was until it was institutionalised by the 1995 Constitution of Uganda. Mr. Issa Sekitto He explained the challenges facing the effective embracing of community policing as: politicking whereby police is not perceived by the public as neutral, inadequate police training and skills, lack of coordination with other government agencies, lack of vigilance, inadequate facilities, the attitude and perceptions of Ugandans about community policing, infamous groups like the Kiboko squad that changed people’s attitude about the intentions of the police.

He testified to the will of the police to cooperate with the business community from the highest level. He said it was important to embrace community policing as it can achieve a lot in enhancing the people’s vigilance, minimise insecurity and terrorism as well as reduce mob justice.

Plenary Discussion The discussions in the plenary were on the following issues: 1. Whether KACITA as an organisation had a system of resolving matters through ADR without them proceeding to court. It was reported that KACITA was handling about 10 to 15 cases related to fake goods, cheating, and evictions, and in many of the cases there was no formal agreement between the parties in the first place. An appeal was made to link KACITA to the formal judicial system so that the mediation cases they are stuck with and that they are not formally recognised to handle can get resolved. 2. The obligation of KACITA to sensitise its members about their duties and responsibilities and requirement to respect human rights so that mob justice can be reduced. 3. The need to strengthen the relationship between KACITA and police since the former has critical information about its members including suspects. Joint programmes between the two were proposed. 4. The need for community policing programmes to emphasise issues of vulnerable people like sexual and gender-based violence. 5. The need to increase budget allocation to community policing compared to other strategies of police so that the police can be adequately facilitated to go to the communities, in addition to addressing the issue of poor remuneration of police officers. 6. The perceived selective prosecution of cases especially high profile ones which was described as a major contributor to the attitude of the public about the police as being impartial.

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SESSION FIVE

Civil society engagement in the justice system: What went wrong?

Ms. Eunice Musiime Kataaha Ag. Director of Programmes, Uganda National NGO Forum

The presenter started by defining civil society and misconceptions about them as noise makers, mouthpiece of foreign interests as well as elitist. She enumerated the complementary role CSOs had played and what they have contributed to the justice sector. She gave a detailed explanation of how CSOs seek to influence policy at all levels.

On what went wrong, the presenter attributed the limited impact of CSOs in the justice sector to a changing political context where the CSOs are operating in an environment that is quite restrictive and hinders ability to perform effectively; the justice sector sensitivities usually camouflaged as security concerns which requires first informing or seeking permission from the police; the challenges of the independence of the Judiciary whereby public interest litigation faces many hurdles and delays in the Constitutional Court while other appeals have been heard expeditiously; and finally to internal CSO capacity gaps including adhering to internal accountability and transparency measures and procedures as well as overstepping mandates and jurisdiction.

The presenter recommended developing and implementing a JLOS-CSO engagement Strategy that would include undertaking a mapping to identify non-state actors that support JLOS both at national and sub national levels; providing for more equal participation for CSOs especially at decision making structures, a courageous judiciary that will support citizens; and supporting the opening up of political contexts.

Prof. Joe Oloka-Onyango, Faculty of Law, Makerere University Kampala

The presenter recognised the role of CSOs which he described as robust having contributed to advocacy, law reform, and constitutional review among others. However, he accused them of sometimes being too soft and failing to put pressure on the different arms of government.

Prof. Oloka-Onyango said efforts to develop a pro-people system have not been successful in spite of the requirements of Article 1 of the 1995 Constitution of Uganda which bestows all power on the people of Uganda. Describing in detail each arm of government the presenter said Parliament was working to ensure executive accountability. He expressed the need for a more systematic and structured engagement

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between Parliament and CSOs especially on natural resources. He accused MPs of a lacklustre attitude towards CSOs and urged JLOS to support the strengthening of this relationship. He expressed concern that a political party caucus had taken over the functions of Parliament yet JLOS excludes political parties even though there was a need to make them more robust and accountable. He recommended training of MPs in procedure, etiquette and legislative practice; and a human rights impact assessment of all bills before Parliament.

On the executive, the presenter said it seems to be fine with CSOs in service delivery but enlists inbuilt antagonism for CSOs when CSOs go into advocacy and accountability issues. He cited instances when CSOs have been clamped down on by state agents with impunity. He said it was critical that the sector addresses the question of priorities and budgetary allocations. He noted the refusal by the executive to allow protests of any kind as well as the lack of transparency and the necessary political will to deal with corruption. This he said have adverse effect on access to justice.

The presenter described the judiciary as the most pro-people arm of government, pointing out the jurisprudence that has come from the courts. However, he submitted that there were still many reforms required in particular in the language of court, the style of dress and in addressing the impediments to access to courts. He called for review of appointments and recruitment of judges and magistrates, continued judicial training, linking up judicial institutes with CSOs and academia. He recommended that JLOS should establish a national law library accessible to all; strengthen the amicus briefs which would allow CSOs to give judicial officers valuable information to enhance decision making. He called for practice direction from the Chief Justice to enhance this. Prof. Oloka-Onyango urged JLOS to bring on board the Equal Opportunities Commission as it is crucial for the marginalised.

He called on JLOS and CSOs to push for constitutional reforms to allow for the provision of the right to legal aid; to open up all appointment processes of key officers to public scrutiny and parliamentary vetting of public officers; to address the security of tenure of members of key institutions to reinforce independence and integrity; to restore complete authority and independence of the Attorney General from control; greater access for the vulnerable; and to enhance the independence of oversight offices.

Plenary Discussion

The discussions were on the following issues: 1. The lack of visibility and active presence of CSOs in policy engagement areas and the need for CSOs to organise to start engaging seriously with policy. There is need to rethink the strategies and approaches to apply those that have visible action with maximum impact. The importance of CSOs minding the language they use when engaging with government was expressed. 2. The question was who sets the agenda for CSOs and the need to convince other actors that CSOs in Uganda do set their own people-centred agenda. CSOs need to build a constituency so that government

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cannot afford to ignore them. The need for greater engagement between JLOS and CSOs was emphasised. 3. The need to explore ways of reducing the number of MPs so that the few can be well facilitated to maintain the quality of representation without becoming a burden on the tax-payer. 4. The need for Parliament to get out to the people and the role of CSOs to monitor the extent to which MPs are actually reaching the people that need their services. The need for constitutional amendment to restore the people’s power of recall of their representatives in this multiparty dispensation was expressed. 5. The Public Order Management bill that has attracted serious criticism from many quarters. The need for concrete proposals of how to manage the numerous interests that characterise situations of public order was expressed. The guidelines on public demonstrations developed by Uganda Human Rights Commission should not be ignored by the Bill. 6. The need for the arms of government to work together and desist from the temptation of one arm exerting itself. 7. Power belongs to people who are massively uninformed and vulnerable and therefore need to be reached out to. The need to give people civic education where they are in the rural areas was emphasised. The people’s representatives and leaders need to be empowered to effectively advise their people since they often resort to their political leaders when they cannot access justice. 8. Inadequate funding for legal aid services contributes to the societal illness of injustices especially in succession, land matters and domestic violence. The people need a regular forum to be heard and to raise by themselves issues that are pertinent to their needs. 9. The possibility of lawyers being deployed at sub-county level to advise the people rather than waiting for them in courts. 10. The growing mob justice was noted as a serious concern that needs to be urgently tackled.

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SESSION SIX

Regulatory challenges and obstacles to private sector growth

Hon. Gerald Sendaula, Chairman the Private Sector Foundation Uganda

The presenter who was represented by Mr. Moses Ogwal the Director Policy Advocacy and Trade, PSFU started with the background on when the government policy of liberalization started and government went off business allowing the private sector to become the engine of growth. He gave the status of Uganda under the World Doing Business Report as being ranked at 123 out of 183. He explained the rankings in detail per indicator.

On the challenges to private sector growth the presenter cited the lack of regulations and laws or those that are old and obsolete as big obstacles to investments; as well as existing regulations and laws that are not enforced. He gave an example of the law on counterfeit which he described as an enemy to innovations because its redress mechanism is not deterrent to the practice. He said pirating has become normal practice even though it adversely affects intellectual-related entrepreneurs like authors, artists, singers, actors.

The presenter stressed the need for proper regulation of business to ensure a level play field and competitiveness so that development is achieved. He recommended law reform to enact those that are lacking and to amend or repeal irrelevant laws and practices. He said the process requires concerted efforts by Government, Private Sector and civil society. He concluded by urging especially those with the authority to take advantage of it and make the relevant improvements now.

Hon. Isaac Musumba, Chairperson Uganda Registration Services Bureau

The presenter submitted that the private sector was hampered by regulations that make business difficult in Uganda with longer periods to register business. Citing the World Bank ranking of Uganda he gave a comparison with some countries in eastern and southern Africa. He explained the establishment of the URSB, its mandate and regulatory framework and explained that its success depends on revenue collections, the speed and ease of doing business as well as the legal efficacy of documents.

However, he stated that the URSB has not performed well although several actions have been taken with the support of JLOS to improve the situation. These he said, include efforts to increase the revenue

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generation, addressing the efficiency with which documents are registered; enhancing online searches, establishing a bank branch at the URSB premises to quicken the process; securitised documents like the birth and marriage certificates and the introduction of mobile business registration clinics to educate and raise awareness of the people in the countryside.

Prof. Waswa Balunywa, Principal Makerere University Business School

The presenter explained that the recent economic crisis could be attributed partly to poor regulation. He explained that some of the obstacles to growth include the main economic policy, the ideological policy framework, the infrastructure, the political environment, international factors and the legal framework.

The presenter explained that regulations was critical in order to safeguard the public; prevent monopoly; allow competition; facilitate a level playing ground; and safeguard investors. On what to regulate, the presenter explained that the business environment has to be regulated and this must reach all including small businesses. Other areas to regulate are the essential facilities like provision of electricity, roads, telecommunications network, airports and air travel, water and intellectual property; the business organisations/sector including the banking, insurance and telecommunications sectors as well as non- business organisations. He said improving the business environment requires easing business registration, property titling as regulating land has a critical impact on doing business, as well as simplification of labour regulations like mobility of labour.

Prof. Balunywa said over regulation, no regulation and under regulation are some of the sector-specific challenges. He recommended that a comprehensive research should be undertaken whenever policies or laws are being evolved so that they do not backfire and negatively affect the growth of the private sector instead.

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SESSION SEVEN

Planning and budgeting for a pro people justice delivery system

Mr. Patrick Ocailap, Director Budget, Ministry of Finance, Planning and Economic Development

The presenter explained that the framework for planning and budgeting was provided for in the Constitution of Uganda and attendant Acts of Parliament. He emphasised that the planning and budgeting process has to be guided by the National Development Plan on which sector strategic plans and district development plans are based. He said the process has reformed over the last two decades from incremental budgeting to integrated planning and budgeting at local government, sector and national levels. The presenter explained that this has influenced the institutional framework to ensure that resources are allocated to government’s strategic priorities as expressed in the NDP.

On the budget process, the presenter explains that it seeks to synchronise policy, planning and implementation processes to achieve the overall NDP objectives through the annual budget. He said it was critical that budget processes are embedded in the sector management structures and procedures and that emphasis is placed on results and improvement of the link between budget allocations and outputs so that budgeted expenditure can be linked with intended results.

He informed the Forum that the Output Budgeting Tool (OBT) had been introduced not only to aid budget preparation and execution, but also to facilitate its monitoring. The presenter outlined the JLOS priorities which he said would facilitate achievement of a pro-people justice delivery system. He called for faster enactment of legislation and its enforcement, recruitment of more judges and strengthening crime prevention and enhancing response to crime.

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Bishop Zac Niringiye Board Chairperson, African Peer Review Mechanism

The presenter submitted that good governance should be at the centre of budgeting and the budgeting process should adhere to the principles of good governance. He decried the practice of supplementary budgeting which he said distorts priorities. He acknowledged the limited size of the resource envelope which means that the national budget must be negotiated and who governs these negotiations is a very critical matter. He pointed out the inadequate linkages between the budget centres, the NDP and the MTEF ceilings. Often, he said, the political power centres carry the day and have their priorities catered for.

Bishop Niringiye made reference to the APRM findings on critical crosscutting issues that Uganda was grappling with, which ought to be prioritised. He outlined them as: The ratification and domestication of international standards and codes; the high population growth rate; policy implementation gaps; managing political transition; the land question; resolution of the conflict in the north; decentralisation; management of diversity; corruption; and overdependence on aid. He called for the dissemination and effective implementation of the APRM recommendations, made a passionate appeal that pupils should be provided lunch, as well as the full operationalisation of the national population policy to forestall the challenges of having a very young population.

He recommended the re-examination of the plans and budgets to ensure that priorities focus beyond implementation to achievement of actual results that address the real needs of the people.

Plenary Discussion

The plenary discussions were on the following issues: 1. The insensitivity of government and parents who let pupils study without lunch and the consequences on the quality of graduates that will come out of this kind of situation. It was noted that research had found that children cannot study on an empty stomach. The need for a national policy and the review of the Education Act to make it mandatory for parents to pay lunch money was passionately made. 2. The creation of very many districts that have ended up without operational budgets to facilitate the district officials to do their work. 3. The abolition of taxes that has boomeranged on the country as it is evident that men have stopped working and left the responsibility of sustaining the families to women as they indulge in drinking sprees almost the whole day. There was a call for reinstating graduated tax not only to address the idleness of men in the villages but also to generate funds for the operations of local governments.

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4. The budgeting process which is such that local government budgets come after the national budget has been done and districts are informed of the indicative planning figures. There was no reason why there should be a mismatch between the national budget and the local government budgets. 5. Supplementary requests which disorganise the budgets of other state departments as funds must be found, although it was explained that they are due to unforeseen circumstances. It was stated that proposals have been made to handle them under the Contingency Fund that is provided for in a proposed legislation on finance. 6. The current priorities of government which were outlined as power, roads, security and which have affected allocations to other sectors. 7. The lack of apparent government action on fighting corruption was of concern. 8. The need to strengthen existing mechanisms for monitoring and evaluation at institutional and sector level was stressed. 9. The Uganda Law Reform Commission efforts to take the law to the people by consulting them on proposals for the development of the law; simplifying and translating some laws to make them more accessible. 10. The need to educate people about population issues and how to forestall their negative effects.

KEY RECOMMENDATIONS FROM THE FORUM

1. In accordance with the constitutional requirement on involving people in the management of government affairs, JLOS should institute practical mechanisms to enhance the significant role people play in the administration of justice.

2. JLOS should devise means of enhancing the role of civil society organisations in justice delivery by for example; signing cooperation contracts with them considering that they operate among the people and can play a key role in bringing the perspectives of the demand side into the discussion on building a pro-people justice system.

3. There is need to go beyond the legislative reforms that have been registered by JLOS in criminal, commercial and family justice and ensure effective implementation of the many laws in place so that justice can become a reality for the people.

4. In the face of the rapid expansion of administrative units especially districts, JLOS should explore alternative and creative means of increasing people’s access to its services without having to struggle to keep up with the pace given the inadequate resources.

5. In order to enhance accountability and human rights observance and fight impunity in the sector, JLOS should strengthen the inspectorates and ensure coordination among the different inspectorate sections.

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6. JLOS should spearhead the concerted efforts to enhance awareness, knowledge, information sharing among the people so that they can appreciate their rights and their attendant responsibilities and effectively participate, advocate and influence the administration of justice.

7. JLOS should explore creative mechanisms of linking the traditional and transitional justice systems from which people still seek justice, to the formal justice system in order to have justice delivery that is pro-people and more beneficial to them.

8. The traditional systems need to be documented, reviewed, modified and infused with human rights so that their current shortcomings especially regarding marginalisation of women and children can be addressed. On the other hand, traditional values need to be incorporated into the formal justice system to make it responsive to the needs of the people without focusing on legality at the expense of justice.

9. Local Council Courts should be supported through training and human and financial resourcing. JLOS should advocate for LC elections, reinstituting of the LC courts and building their capacity.

10. JLOS should study and use appropriate technology in enhancing the speedy delivery of justice to the people.

11. In the spirit of the doctrine of separation of powers the principle of Attorney General being legal advisor to all government institutions should be reviewed to allow some parties like Parliament the latitude of legal representation of their choice.

12. Informal justice processes have the potential to improve access to justice for the people especially in matters like succession and inheritance, customary land ownership and family issues because people identify with them; they continue to apply alongside the formal justice system and address prevention of disputes. This potential should be enhanced by undertaking a study to understand how they operate in Uganda and best practices from elsewhere; formulating policy and legal frameworks that support and strengthen them; and undertaking the necessary constitutional review to recognise and allow them to be formally applied.

13. The Informal justice processes and the formal justice system should be harmonised to ensure that formal court judgements are socially acceptable and actions in the traditional systems are implementable. The option should be explored of amalgamating the two systems by resourcing the formal courts with people who have customary knowledge e.g. clan leaders as members of the LC courts or assessors in higher courts to enrich the decision-making processes.

14. JLOS should study how their land justice programmes can address the problem of land grabbing, which is an emerging phenomenon at family, community and societal levels and manifests through legal actions that are not necessarily just. The option for legal reforms to criminalise land grabbing should be studied.

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15. JLOS should inform the current review of the public service institutions, structures and procedures by making recommendations to enhance efficiency and effectiveness in service delivery through transforming the public service into a business-oriented sector; enhancing the people’s right to information; adequately resourcing the institutions in terms of personnel and financially; changing the work ethic emphasising professionalism; and enhancing staff motivation particularly addressing the disparities in remuneration and other non-monetary motivation.

16. Parliament should enact a law to operationalize Article 17 of the Constitution of Uganda in order to enhance citizen’s fulfilment of duties on both the supply and demand side of service delivery.

17. JLOS should support and strengthen the community policing strategy as it is instrumental in crime prevention and enhancing the citizens’ fulfilment of the duties and obligations. Strategies should be devised to address attitude change of individual officers from a reactive to a proactive force.

18. The efforts of the informal business community to sensitise their members on community policing, rights and obligations should be recognised and supported. Mechanisms should be explored to link to the formal justice system the informal arbitration processes through which traders’ disputes are resolved and how to support them to ensure effective enforcement as they handle matters that would otherwise not stand in courts due to their informality.

19. Comprehensive research should be undertaken whenever policies or laws are being evolved so that they do not backfire and negatively affect the growth of the private sector instead.

20. Re-examination of the plans and budgets to ensure that priorities focus beyond implementation to achievement of actual results that address the real needs of the people,

21. The need to strengthen existing mechanisms for monitoring and evaluation at institutional and sector level was stressed.

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KEY RESOLUTIONS OF THE 6TH NATIONAL JLOS FORUM

The Justice Law and Order Sector should: 1. Institute structured mechanisms for enhancing the role of civil society in justice delivery.