Access to Justice in Northern

Office of the united nations high commissioner for human rights

access to justice in northern uganda

united nati ons 2008

Office of the united nations high commissioner for human rights

Access to justice in northern uganda

united nations 2008

Executive Summary

This report is based on research initiated by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Uganda in 2006 and 2007. All OHCHR field offices in Acholiland (, Kitgum and Pader), Lango (Lira), Karamoja (Moroto and Kotido), Teso () and the office contributed to the report by providing information to identify trends and patterns over the months, as well as individual cases illustrative of these patterns. OHCHR also liaised closely with the Ugandan Human Rights Commission (UHRC) field offices, including its Civil-Military Cooperation Centres (CMCCs).

The present report focuses on issues related to access to justice in northern and north-eastern regions, with specific reference to relevant Ugandan laws and policies. The report describes the main obstacles that persons who seek access to justice have to face. It provides an analysis of the impact that these obstacles have on the enjoyment of human rights. The report concludes with recommendations made to the Government of Uganda, civil society and other stakeholders in line with observations made by various United Nations human rights treaty monitoring bodies aimed at contributing to improve access to justice for all in Uganda. The annex to the report provides general background information on the judicial system in Uganda, from the Courts system to the Supreme Court. The brief description of these judicial bodies focuses on criminal matters, as opposed to civil claims, as criminal matters have a greater impact on the enjoyment of human rights.

Barriers to accessing justice

The justice system has been considerably weakened by the conflict between the LRA and the Government in northern Uganda, and by the insecurity due to cattle rustling by the Karimojong warriors in the north-eastern part of the country. Due to the insecurity, many police outposts and courts, especially in rural areas, were closed down, and law enforcement and judicial officials abandoned their positions.

Until mid-2006, police deployment in northern and north-eastern districts remained seriously limited, and the army continued administering civilian policing functions for which it was inadequately trained and equipped, and not mandated under Ugandan law. Since then, civilian law enforcement and judicial officials have been returning slowly to areas formerly affected by the conflict. It is recognized that additional police have been recruited leading to the re-opening of previously abandoned police outposts, although their resources and training remain limited.

The population in Uganda, especially in the northern and north-eastern districts, remains poorly informed about the formal justice system. Traditional mechanisms of dispute resolution, especially referral to the elders or the village chiefs, as well as to Local Council (LC) courts are most commonly used as they are more accessible, cost-effective, and are perceived to be more expedient, if not always fair, in settling disputes. During the LRA-conflict, LC courts were by and large the only bodies to which people could resort to in view of the absence of any other formal court system. Local council officials as well as traditional, religious and camp

i Access to Justice in Northern Uganda

leaders, and elders are often involved in so-called “friendly” settlements of disputes, which seek to provide for material compensation and some form of reconciliation. These practices concern the majority of