Study on informal justice systems in Uganda

This study on informal justice systems in Uganda was commissioned by World Voices Uganda. The purpose of the research was to generate a report on the profiles of existing informal justice models in Uganda as evidence for advocacy for informal justice policy framework. The study was to further profile the value contribution of the informal justice mechanisms including the hybrid alternative dispute resolution models such as the Bataka courts. The objectives of the study were to:

1.   To provide baseline information on existing informal justice systems/models that enhances access to justice for the poor.

2.   To offer an in-depth analysis of the linkages between the informal and formal justice in Uganda

3.   To highlight the value of informal justice systems/models towards access to justice in Uganda.

4.   To provide evidence based research for advocacy campaign for informal justice policy framework in Uganda. 

Using mainly a desk research with some high value consultations, the study profiled three DANIDA category one (traditional, indigenous, customary systems) models; the mat oput among the Acholi, the Akiriket of the Karamajong and the Bakalhu Babulhambo of the Bakanzo besides the DANIDA category three (alternative community based systems), the Bataka courts of Kibaale district.

For validation purposes the preliminary findings were brought to an informal justice systems conference organised by World voices Uganda. The participants of the conference that included relevant stakeholders to justice service delivery such as representatives of traditional-cultural institutions, practitioners, the media and donors gave feedback on the preliminary findings and these were incorporated as well comments received during a stakeholders consultative meeting. This way the findings were validated by knowledgeable people on the issues of informal justice systems.

The findings show that:

Informal justice systems exist and are resilient inspite of the onslaught of the formal justice regime and the rise of the state. Due to the prevalence and dominance of the formal justice system and the rise of the state vis-à-vis the persistence, relevance and accessibility of the informal justice systems, there are hybrid - alternative dispute resolution models such as the Bataka courts.

The study also underscored the need for in-depth study of more and additional category one (traditional, indigenous, customary systems) justice systems.

There is still a suspicious relationship between the formal and informal justice systems but there is need to encourage reasonable compromise and   harmonization   between the two. Despite, their recognition in Ugandas JLOS strategic investment plan 111 and under section (15)1 of the Judicature which states that: that customary Law shall be recognised if not repugnant to the principles of human rights and equity and if held in good conscience

The obvious value of informal justice systems to the justice service delivery is that they are accessible (financially, physically, and psychologically).   Proven to be resilient and heavily relied upon in many African societies

The report recommends:

1.      An in-depth- extensive and comprehensive research and documentation especially of traditional, indigenous justice systems in Uganda

2.      A continuous and on-going dialogue between stakeholders

3.      An organised andwell-coordinated campaign and advocacy for a justice framework that is pro-poor and pluralistic in nature.

4.      Firm stakeholder commitment of resources especially funding.

For a detailed report follow the link https://drive.google.com/file/d/0Bw3Zvm3irnGdeFZDdTc1ODRZTFU/viewhttps://drive.google.com/file/d/0Bw3Zvm3irnGdbEo3MjRPbktvMW8/view