Wednesday, September 24, 2014
POLICE AT THE CENTER OF THE JUSTICE LAW AND ORDER SECTOR’S SERVICE DELIVERY
Sunday, September 21, 2014
JLOS impact getting visible across Uganda
JLOS impact getting visible across Uganda
The Justice, Law and Order Sector’s work is being noticed across the country with the construction of JLOS centres to help people access justice. There is, for instance, the new Gulu Remand Home which is now housing 44 children on capital and minor offences.
The facility which was commissioned in July 2009 at Pece, Laroo Division in Gulu municipality is intended to provide accommodation to child criminal offenders as they await trial in courts of law. Those who are convicted are transferred to Kampiringisa, the only national children rehabilitation centre located in Mpigi district.
Evaline Akello, the Assistant Probation and Welfare Officer at the Gulu Remand Home is impressed by what JLOS’s work and the support of Unicef and other donors have extended towards improving the justice centres in the country. “Here we are happy to have this kind of facility because it has led to reduction in the number of children escaping from custody,” Akello says.
She, however, observes that although child offenders now have good shelter, there are several challenges still facing the remand home. For instance, the boarding rooms, which were meant to accommodate 20 boys and 20 girls are now overcrowded with over 40 boys remanded at the facility.
There is inadequate food for the remand children besides shortage of vehicles to transport them to health centres when they fall sick.
“These are some of the problems that undermine the good things that have been registered by JLOS. The district budget for the remand home is very small and can only allow for the purchase of half the food the children are recommended to eat each day.
“These children are still growing, they need to feed well. But we don’t have enough food here. Their uniforms which were provided by the Ministry of Labour need replacement just like their beddings. Our electricity was also recently cut off due to non-payment of bills and all these challenges negatively impact on our work,” Akello explains. The remand home is also under-staffed.
There has been a sharp rise in reported criminal cases at Kiryandongo Police Station, another new JLOS facility.
However, this has been attributed to police access rather than a surge in crime rate. Before the police station was set up, it was difficult for the residents to travel a long distance to report crime in their localities. But with the police station near them, it is now easy to report crime and probably this explains the perceived rising crime incidence.
“It’s surprising but true. Previously we could hardly receive people here reporting about crime in their localities. But now the reported criminal cases have gone up. I think it has to do with the visibility of the police station and maybe the fact that it’s new attracts people,” says Detective Inspector David Ojwiga who is the station’s Deputy CID Officer explains.
Ojwiga, says that although the station is still small for the staff, the prison cells have solved the problem of congestion. Another police station has been built at Panyandoli Hills in Kiryandongo using hydro-form bricks and police labour. This has further extended the JLOS services nearer to the people.
msserwanga@gmail.com
Saturday, September 20, 2014
ACCESS to justice; NEW GOVERNMENT ANALYTICAL LABORATORY HAS BEEN SET UP IN MBALE
NEW GOVERNMENT ANALYTICAL LABORATORY HAS BEEN SET UP IN MBALEOne of the primary Justice Law and Order Sector , (JLOS) goal under SIP III is to promote the rule of law and fundamental to this goal is the establishment of justice centers across the country to ensure better delivery of justice services to the people of Uganda. A number of these centers have been constructed across the country over the last 10 years since JLOS was set up was established by government in November 1999 to carry out reforms in Uganda’s justice system. Among the facilities which have been established , is the Mbale Government Analytical Laboratory at Malukhu road opetrating under the slogan : “Go scientific for a safe and just society”. The facility which was commissioned on October 7th 2010, is run by the Government Analytical Laboratory a directorate in the Ministry of Internal Affairs. The services which are provided at the laboratory according to Mr. Luke Senkatuka, a government analyst, include forensic tests as back up in ensuring national security, trans-border activities and law and order. “We are carry out statutory testing for enforcement of public health and environmental standards and regulation. We for instance carry out tests on water to ensure its good for public consumption plus pesticide residual , food and drugs tests,” he says. Other services provided at the laboratory include , DNA for parentage, toxicology, questioned documents, ballistics and tool marks identification. Franked by his colleagues Keturah Nakayenga and Francis Ogwal, Senkatuka explained that the Mbale government laboratory which serves the eastern region has a strategic objective of ensuring administration of justice through provision of forensic scientific services. “People don’t have to go to Kampala to get these services. The aim is to bring the services nearer to the people to ensure that as many Ugandans access justice. So we are here to offer specialized scientific support to regulatory and law enforcement agencies for the safety of the people living in Uganda,” he explained. Senkatuka , however regretted to note that few people are aware of the services that are being provided at the facility. “ We need to do a lot more in educating and informing the people about the availability of these services since they are intended for the public good,” he says. Among other challenges faced by the Mbale government laboratory is inadequate equipment, staffing and lack of lack of transport . “ we need a vehicle and motorcycles to access the country side. We are also not fully equipped to conduct some specific tests and this slows down the pace of administering justice ,” Senkatuka notes. He is however optimistic that since the laboratory is new with time it will be fully functional and meet JLOS overall objective of providing adequate and timely services to the people.
Friday, September 19, 2014
PACKAGING MEDIA LAW AND HUMAN RIGHTS TO BOOST JOURNALISM
Wednesday, August 27, 2014
New JLOS strategic plan is to create access to justice for all
By 2016/17, JLOS envisages to have delivered a legislative, policy and regulatory framework for effective justice and national development.
The Justice, Law and Order Sector (JLOS) is now implementing its third 5-year Strategic Investment Plan that will run from 2012/13 to 2016/17. While JLOS will maintain due focus on the national legislative, policy and programming functions, the sector’s 17 institutions (as listed below) will shift their attention and resources in the next five years towards addressing operational constraints to service delivery in all civil, criminal and administrative justice. There will also be increased discussion, knowledge sharing and application of human rights in all the JLOS reforms.
The SIPIII therefore is also intended to develop and fund special programmes to target gender, age, poverty and other forms of vulnerability and uphold human rights that broaden the definition of justice beyond the formal justice systems.
According to Senior Technical Adviser at the JLOS Secretariat Paul Gadenya,under SIP III, JLOS will deepen reforms by tackling the growing concerns of accountability and human rights observance through standard setting; compliance check through Peer Review mechanisms and full implementation of the Sector Anti-Corruption Strategy among others.
Gadenya says the Sector will also consolidate its management systems and structures,implement a Sect or Management Policy and continue to innovate, generate knowledge and set pace for justice reforms in the East African Community (EAC) and the entire Africa.
By the end of the SIP III in 2016/17, it’s envisaged that JLOS will have delivered to all people in Uganda the following key three results: A legislative, policy and regulatory framework conducive to JLOS operations; promoting rule of law and human rights and enabling national development.
By 2017,JLOS expects more people, particularly the poor and vulnerable groups, to have better access to justice and to be living in a safer and secure environment.
“There will be more JLOS institutions that are responsive to human rights, and are more accountable to service users and the public. As a result, it’s expected that 70% of the population will be satisfied with JLOS services by 2016/17and public confidence in the justice system will increase by 47% from the current 34 per cent to 50 per cent,” says Gadenya.
Rachel Odoi Musoke the adviser land and commercial justice noted that the primary sector goal under SIP III is to promote the rule of law and fundamental to this goal is the establishment and sustenance of a legislative, policy and regulatory framework cognizant of human rights and conducive to national development.
Ms.Musoke says JLOS under SIP III is committed to accelerating access to justice for all particularly the vulnerable.
“This will include bottom-up measures to empower people in Uganda to assert their rights and demand their entitlements from JLOS institutions,” she says. The Sector will also maintain promotion of a human rights and accountability culture throughout JLOS institutions as a sustainable response to raise public confidence in JLOS services.
The SIP III focus in the next five years is to enhance performance of JLOS institutions to deliver three results: A rights based policy, legal and regulatory framework for its operations, national economic growth, employment and prosperity; improved access to JLOS services for all particularly the vulnerable and enhanced human rights observance and institutional accountability.
Commercial justice
In a determined effort to ensure all Ugandans access justice and thus promote respect for human rights and rule of law and order, the SIP III strategic focus in the next five years will ensure the strengthening of three key semi-autonomous and one-stop units for business dispute resolution which include Centre for Arbitration and Dispute Resolution (CADER); Uganda Registration Services Bureau (URSB) for business registration services and Directorate of Citizenship and Immigration among others.
The creation of these centres has greatly improved enforcement of contracts in Uganda with the country’s international ranking rising to 110thin 2011.
Ease of Starting Business in Uganda also improved to 143rd position in 2011.Thisis evidenced by the fact that starting a limited liability company in Uganda now takes 45 minutes to conduct a search in the registries; less than 12 hours to register the company and equally less time to register patents, trademarks and other business instruments. Uganda’s overall Doing Business 2011 ranking is 122ndrecording a 7-point increase from last year. The most significant increase was recorded in the Getting Credit Indicator, where the country jumped 63 spots.
Similarly the Ease of Accessing Travel Permits improved from 34 days in 2000 to 10 days in 2010 for passports and from 3 months to 21 days for work permits. The Governmental Analytical Laboratory under the Ministry of Internal Affairs improved its service time from an average of 6months in 2005/6 to 3 months 2010/11.
In effect, 70% of the Uganda’s rural population can now traverse shorter distances and access JLOS services in close proximity to each other unlike the situation in 2000.
Activity Lead time 2005/06 Lead time 2010/11
Processing a Passport 30 days 10days
Processing a Work permit 90days 21days
Clearance at borders 15minutes 5minutes
Forensic analysis 6months 3months
Peruse files for prosecution 14days 2days
Register a Company 30days 48hours
JLOS has also registered improvements in speed of access to services offered by participating institutions such as Tax Appeals Tribunal, Government Analytical Laboratory Services; Uganda Human Rights Commission; Directorate of Public Prosecutions; Criminal Investigations Directorate of the Uganda Police Force and its special units of Family and Child Protection and NGO registration.
Ms.Musoke says that with JLOS placing emphasis on the promotion of alternative dispute resolution mechanisms, the cost of accessing JLOS services has significantly reduced.
In the Commercial Division of the High Court, a mediation registry has been established. Coupled with other ongoing reforms in the Division, case backlog reduced from 44% in 2009 to 34% in 2010. Specialized services in the Commercial Court, Anti Corruption Court; Internal Crimes Division (ICD); Land and Family Divisions of the High Court have enabled JLOS increase its case disposal rates from 30.7% for commercial cases in 2007/08 to 48.8% in 2009/10.
Musokesays the Commercial Court Division initiated a mediation pilot project and developed its special rules in 2006 to speed up the process of resolving commercial disputes.
“We now have a process where all cases filed at the Commercial Court first go for mediation to give parties a chance to resolve the matters themselves. It helps to reduce the cases for judges, reduces costs for the litigants and saves time. It has reduced case backlog. The Centre for Mediation with a registrar has been setup and 20 lawyers have been trained in mediation processes,” MsMusoke says.
This approach to resolving disputes without going through the formal court system is also set to be rolled out to the Family, Land and Civil court divisions where a mandatory mediation programme will be introduced .
According to Musoke there has been innovations in the use of Information and Communication Technology in the Commercial Court and the High Court up-country circuits.
“The introduction of ICT in our courts has also greatly helped to speed up the hearing of cases since judges record proceedings using tape recorders instead of writing them on paper as the case was in the past. The recordings also come in handy for transcription for those who want to appeal judgements of the lower courts to the superior appellate courts.
In the Commercial Court a small claims procedure with simplified rules of procedure for small claims of below Shs50m is also being implemented.
Musoke says a team of experts is revising and updating the Civil Procedure rules. “We want to make the rules user friendly and simpler and thus break away from some technical barriers in accessing justice. The revised rules will be finalised in the next financial year”.
The adjudication of corruption cases has also improved with successful prosecution of corrupt people in the newly created Anti-Corruption High Court Division leading to an increased number of convictions.
Land Justice
Land is a key strategic resource to Uganda’s population and is a core primary factor of agricultural production, ecosystem stability, and climate resilience. Prevalence of land conflicts at household level is high at 34.9% and is slightly higher amongst rural households(36%) compared to urban households (33%).
Only 20% of land conflicts are not reported to any dispute resolution option. With a dispute resolution rate of 59.9% for land conflicts at first instance and an average dissatisfaction rate of only 13.3 % the land justice system is rated fair.
Though the majority of cases are handled in semi-formal fora, the sector needs to strengthen oversight and set standards while clarifying mandates of the different fora.
In addition to the Land Division of the High Court, Musoke says a new Land Magistrate’s Court has been set up at Nakawa where magistrates have been designated to specifically deal with land matters.
“We are also re-examining the Land Tribunal structures to make them functional. The Land Tribunals faced some challenges because of their composition where the chairpersons were not from the same district as the other members. Since the chairpersons were conducting business in more than five districts each, the tribunals could not in most cases convene due to lack of quorum which could not be realised without the chairman in attendance,”Musoke explains.
There was also a problem of inadequate funding due to the increased number of districts from 65 at the time the Land Tribunals were set up to 112 today. The creation of new districts increased the costs drastically. The tribunals also suffered other problems such as poor record keeping, poor quality andproduction of judgments as most of the tribunal committee members had limited or no knowledge about land law.
In some other cases, Musoke points out, the tribunals were dispensing popular justice rather than substantive justice. “We are now trying to rectify some of these issues to reduce the backlog of land cases. Why we are looking at alternative systems of justice to complement the existing formal justice system in resolving land conflicts across the country,” she says.
She says alternative dispute resolution through informal justice system or community justice and customary tenure where elders play a central role in resolving conflicts will be encouraged.
JLOS will also strengthen the Local Council Courts and how they link to the formal courts of judicature. A study to enable these alternative informal justice systems handle criminal matters like it is done in South Africa and Canada is ongoing. It’s a new area being studied under the JLOSSIP III.
Challenges facing the sector
Despite the tremendous progress made in the delivery of justice, a number of challenges still exist as JLOS continues with the implementation of the SIP III. The challenges include access to legal information on rights.
One of the key mandates of the Ministry of Justice and Constitutional Affairs is dissemination of legal information to the public. Popularization of the laws and massive education of the public on their constitutional rights and legal protections are part of the process of entrenchment of the rule of law entrusted to JLOS. This is a marginally discharged role by the sector. Presently, there is no comprehensive system of simplification and dissemination of laws to the population and also to the justice actors.
Legal and rights awareness among the population served by JLOS institutions is still low. Procedures of access and mechanisms to obtain redress remain largely unknown to the users. This limits the demand side ability to assert and claim their due entitlements from the JLOS system.
“Levels of knowledge and empowerment of users to access JLOS services will be prioritized in SIP III. JLOS is mandated to bring the legal and policy framework to popular appeal within which all people including the poor and marginalised groups may assert their rights.
There is a problem of public awareness. We are investing in that area for people to understand their rights at all levels. There is knowing the law but when you don’t know the processes such as bail. People don’t know that bail is a conditional release of suspects to continue reporting to courts until their cases are decided by the judicial officers. Civic education, public awareness is key since people also need to know their obligations to ensure the rule of law and to build a culture of respect of law and order,” Musoke says.
Institutional barriers to access to JLOS services:
Attempts to improve access in the last two SIPs have increased physical access to the office of the Administrator General. There is need to address technical, cost and related barriers to access the services of the Administrator General, Directorate of Citizenship and Immigration; Uganda Registration Services Bureau; NGO Registration Services; National Identification and Uganda Human Rights Commission. There is also a problem of under-funding of the sector.
One of the biggest challenges is training. Musoke says a lot training has been carried out among the various stakeholders but reiterates that a lot more people have training needs especially in the Local Council courts. The Local Council courts need specialized training in areas like land, natural resources, gas and oil management.
“Corruption is another challenge; but we have developed an anti- corruption strategy to deal with detection, prevention and punishment of corruption tendencies within the sector. We have the Law Council, Judicial Service Commission and the Performance Standards which are all meant to deal with issues of corruption,” Musoke says.
Wednesday, July 9, 2014
SERVICE TO MY COUNTRY
Sunday, June 1, 2014
WE SHOULD SERVE OUR COUNTRY JANET MUSEVENI
Sunday, April 27, 2014
SERVICE TO MY COUNTRY
Friday, April 18, 2014
THE VALUE OF NEWSPAPERS
Thursday, April 10, 2014
MAYUGE FARMERS NOW PRODUCING FOR THE MARKET
Wednesday, April 9, 2014
Youth and Women engage in agricultural entrepreneurship in post conflict Northern Uganda
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