HE Donal Cronin, Ambassador of Ireland and Chair of JLOS Development Partner Group speaking at the opening of the 20th Annual GoU and Development Partners JLOS Annual Review on Oct. 15, 2015 at Speke Resort Munyonyo, Kampala.
The\r\nJustice Law and Order Sector (JLOS) Annual Report 2014/15, provides information\r\non the performance of the Sector for Financial Year 2014/15.
\r\n\r\n
The\r\noutputs, their indicators and associated targets, and actions outlined in\r\nFY2014/15 sector work plan and budget are used as the framework for the\r\nanalysis. Outcomes are highlighted and analyzed. The performance information in\r\nthe report is generated from the analysis of the data from sector submissions\r\nwhich are attached as annexes to this report.
\r\n\r\n
The\r\nJLOS report is therefore, a strategic report, tracking progress and results information\r\nin the outcome areas of JLOS business to enable the sector and development\r\npartners as well as other key stakeholders to assess performance in the\r\nimplementation of the Sector Investment Plan (SIP). The progress report is\r\nabout the totality of the JLOS resource envelope which includes the SWAp basket\r\nfund, GoU recurrent and development expenditure as well as other multilateral\r\nand bilateral project support that the sector institutions accessed during the\r\nFY 2014/15.
\r\n\r\n
We\r\nhowever note that as opposed to the previous year when the sector received over\r\n57 billion given the generous support of the JLOS development partners such as\r\nSweden, this year the sector operated with a serious resource constraint under\r\nthe SWAP fund with only 50% of the expected resources. This was partly due to\r\nnon-release of funds by some of the JLOS DPG particularly Sweden and\r\nNetherlands who have been supporting the biggest percentage of the budget. It\r\nis therefore necessary that any assessment of our performance should take into consideration\r\nthis particular challenge. The non-release of funds by Netherlands was on\r\naccount of the enactment of the Anti-homosexuality law.
\r\n\r\n
The\r\nreport follows the SIPIII structure and tracks progress against targets set out\r\nin the JLOS Monitoring and Evaluation Plan. We should also note that this is\r\nthe third report under SIPIII and therefore tracks the extent to which we have\r\nmoved given our commitments under the investment plan.
\r\n\r\n
The\r\nreport is divided into five chapters. Chapter One provides an introduction and\r\noverview of sector performance, Chapter two details progress under outcome one,\r\nchapter three progress under outcome two, chapter four progress under outcome\r\nthree, chapter five, programme management and chapter six covers financial performance.
\r\n\r\n
The\r\nsector goal under the SIPIII is to promote the rule of law. This is reflected\r\nin the target to increase public satisfaction with JLOS services from 60% in\r\n2011 according to the JLOS baseline survey 2012 to 70% by 2016. The sector is\r\nalso striving to improve public confidence in the justice system from 26% in\r\n2012 to 44% in 2016 and enhancing the index of judicial independence from 3.8\r\nto 4 in 2016.
Overview and Key Highlights Of the 2014/15 Sector Performance
Finally after a two year wait, the Sector has a substantive Chief Justice and Deputy Chief Justice . As a sector we believe that with the sector leadership now fully constituted we are on the road to takeoff. We have high hopes that we shall now score more highly in public trust as well as independence of our judicial processes.
\r\n\r\n
Sector\r\ninstitutions were involved in legal reform and drafting of legislation with\r\nmany such Bills now before Parliament. However the increasing enlightenment of\r\nsociety has generated greater debate on legal and policy issues. This has come\r\nwith an increased need for consultation on all laws proposed and has not only\r\nincreased cost of law reform in money terms but time as well.
\r\n\r\n
The\r\nsector also record breaking recruitments in crime fighting agencies such as, UPF\r\nwith 4,906 Probationary Police Constables and 728 cadets passed out while 3,500\r\npolice constables and 500 cadets are training at PTS Kabalye, UPS with 1,250\r\nPrison Warders and Wardresses admitted and commissioned and the DPP with over\r\n90 state attorneys recruited.
\r\n\r\n
The\r\nsector now has a complete chain of frontline JLOS service points operating from\r\nown buildings in 53.6% of the districts.\r\nHowever following poor performance of the sector budget this financial year,\r\nthere was stagnation in new construction projects and if funding does not\r\nimprove in the coming financial year we are likely to fall behind in the\r\npercentage coverage of districts. This is likely to be further compounded by\r\nthe creation of new districts.
\r\n\r\n
JLOS\r\nagencies involved in the fight against crime are commended, for effectively\r\nmanaging to keep the levels of crime low and enhancing the speed of disposal of\r\ncriminal cases, arising out of the enhanced capacity to investigate, prosecute,\r\nand adjudicate cases as well as rehabilitation of inmates. This is exemplified\r\nby the high conviction rates, standing at about 64%, reducing rates of\r\nrecidivism and increased disposal rate of cases which now stands at 95.8% if\r\ntaken as a proportion of cases registered over the same time period. Our\r\nchallenge is growth in organized and violent crime, leading to prolific and\r\nhigh profile murders that have claimed the lives of innocent Ugandans. In the\r\nreporting period, plea bargaining was piloted targeting persons who were\r\ncommitted for trial in the High Court. This intervention is commended for\r\nreducing overstay on remand for capital offenders to 10.5 months over the\r\nreporting period as well as the reduction in the committed population and\r\nremand prisoners from 56% to 54%.
\r\n\r\n
Arua\r\nRemand home is now finally operational, reducing the burden on the districts in\r\nWest Nile that had to remand juveniles in Kampala or Gulu, leading to\r\nmiscarriage of justice since many such cases would be dismissed for failure to\r\ndeliver suspects to court. However given the investment and the capacity of the\r\nremand home, there is need for review of its operations such that it serves as\r\nboth a remand home and a rehabilitation centre for juveniles sentenced to\r\nrehabilitation in Kampiringisa.
\r\n\r\n
The\r\nsector is on course to eliminate the bucket system in places of detention with\r\na critical focus on the Prison Service. With investments made earlier and\r\ncommitment to fund 40 other such prison sanitation projects we have now\r\nachieved 76%.
\r\n\r\n
The\r\nUHRC annual report 2014/15 shows an 11% reduction in complaints of alleged\r\nhuman rights complaints against the UPF. This is testimony that continued civic\r\neducation as well as sensitization of duty bearers, has positive impact on the\r\ndeepening of the human rights culture in the sector.
\r\n\r\n
The\r\nAnti-Corruption Court is now fully operational following the resolution of the\r\nConstitutional challenge to its operations. In the reporting period according\r\nto statistics from the Judiciary CAAS, the number of cases disposed as a\r\nproportion of those filed, increased from 45% in 2013/14 to now 124% in the\r\nreporting period.
\r\n\r\n
Arua\r\nRemand home is now finally operational, reducing the burden on the districts in\r\nWest Nile that had to remand juveniles in Kampala or Gulu. This is will reduce\r\nthe resulting miscarriage of justice since many such cases would previously be\r\ndismissed for failure to deliver suspects to court.
\r\n\r\n
The\r\nsector has now taken a leap forward and rolled out ADR in other focus areas\r\nsuch as family, land and other civil matters both in Judicial and\r\nquasi-judicial institutions. This is critical for improved delivery of justice.\r\n
\r\n\r\n
Improvements\r\nhave been recorded in financial management, with growing absorption rates as\r\nwell as higher fiduciary discipline. The number of sector institutions\r\nreturning clean audits in FY2013/14 grew 7 fold and the SWAP fund also returned\r\na clean audit.
\r\n\r\n
DCIC\r\nmade significant progress in implementation of the National ID project,\r\nespecially the mass enrolment and issuance of National IDs. Currently out of\r\nthe over 18 million persons enrolled over 6 million have already received their\r\nNational Identity Cards.
\r\n\r\n
The\r\nabove achievements not withstanding there is need for massive publicity calling\r\nupon those registered to pick up their national IDs and for the creation of\r\npermanent centres where this exercise is undertaken.
\r\n\r\n
Secondly\r\nthe sector must address the challenge arising out of the fact that most JLOS\r\nservice points save for policing, are largely urban based and at district\r\nheadquarters. The sector must go down to the county and sub-county levels.\r\nThere is need to fast track the rationalization of magisterial areas and\r\nrecruit more Magistrates Grade I to replace Magistrates Grade II that are being\r\nphased out so that a vacuum is not created by their departure. Such a vacuum\r\nmay lead to people resorting to shortcuts such as mob justice to achieve their\r\nown mode of justice.
\r\n\r\n
Government\r\nis called upon to address the continued non functionality of LC Courts I and\r\nII.
\r\n\r\n
The\r\nstate of infrastructure and land ownership in former Local Administration\r\nPrisons (LAP) has to some extent delayed implementation of programmes to\r\nimprove some of the prison units.
\r\n\r\n
The\r\nefforts of the UPF are commended but there is need to address the continued\r\nnon-compliance with the 48 hour rule which features highly among the complaints\r\nlodged in the UHRC.
\r\n\r\n
To\r\npromote the fight against corruption the sector must de-concentrate the\r\nanti-corruption court to ensure that it is not a Kampala preserve that\r\nincreases operational costs of other JLOS institutions that service the court.
\r\n\r\n
Given\r\nthe investment and the capacity of the remand homes, there is need for review\r\nof operations such that they serve as both a remand home and a rehabilitation\r\ncentre for juveniles sentenced to rehabilitation in Kampiri.
Speech by His Excellency Dónal Cronin\r\nAmbassador of Ireland & Chair of JLOS DPG
Posted 15th, October 2015
