UGANDA: UNCDF supports decentralization and local administration of justice

A visit by UNCDF to the Kayunga District (Uganda)



Uganda "the pearl of Africa": the Lake Victoria

2 June 2006 - In April 2006, the Parliament of the Republic of Uganda passed a new law entitled the Local Council Courts Act 2006, which strengthens the power of Local Council Courts to dispense justice and resolve conflicts in and between communities. The new Law is consistent with the provisions of the Local Government Act of 1997 and the overall Decentralization Policy, as it reinforces key principles of democratic governance and puts justice much closer to the grass-roots level.

The new Law is mainly intended to strengthen the operations of Local Council Courts, which operate at the Village, Parish and Sub county/Town and whose judicial functions had already been formalized in 1988 by the Resistance Councils Judicial Committees Power Statute. Local Council Courts attempts to promote a more accessible, cost-effective and popular system of justice (a particularly important issue in rural areas). The Law provides the 50,580 local council courts of the country with real powers in a number of civil cases (such as land disputes, family disputes and other community related conflicts, which are not criminal in nature). It aims - to quote Prof. Tarsis B. Kabwegyere, Minister of Local Government - at expediting ' the dispensation of justice at the lower levels, promote justice and reconciliation in communities'.

Salient features of the new Law include, among others, the following:

• Emphasis on female representation in the Local Council Courts;
• Regulations concerning the collection and use of fees and fines collected by the LC Courts;
• Introduction of community service as a sentencing option;
• Endorsement of separation of powers (by creating a LC Court at Sub-County/Town separate from the Executive Committee of the Local Government).

UNCDF, within the context of the District Development Project (Phase II), has greatly contributed to the preparation, the formulation and the passing of the new Law. Over the last three years - in collaboration with UNDP and other partners, particularly the Royal Embassy of the Netherlands - it has assisted the Ministry of Local Government to take a range of initiatives to improve the performance of the Local Councils Courts in the administration of local justice.

Specifically, UNCDF has assisted the Ministry of Local Government:

• To implement innovative approaches in six pilot Districts (Arua, Yumbe, Mukono, Kayunga, Jinja and Kabale, with a total of 3,640 local courts, in 80 Sub-counties, 360 Parishes and 3.200 villages).
• To produce about 40,000 copies of Guides for Local Council Courts (and translate them into nine national languages) to highlight the basic principles of human rights, ethical conduct, natural justice and gender sensitivity that the officials of the LC Courts are expected to adopt.
• To provide adequate training to 36,400 members of local council courts on these key issues.
• To broadcast radio messages for a larger audience over a period of 66 days.

"These initiatives were aimed not only at strengthening and popularizing the Local Council Courts system" says Jenifer Bukhoke, UNCDF Programme Officer, "but also at promoting good governance at the grassroots level". A review of these initiatives had already revealed in 2005 that capacity building of LC Courts has improved their operations, increased people's access to justice and confidence in the LC Courts. The investment in LC Courts has attracted support from the Justice, Law and Order Sector and other development partners. "Now, the passing of the new law" points out Angelo Bonfiglioli, UNCDF Regional Adviser "confirms the pertinence of the pilot measures supported by the project".