Uganda: Access to Justice? As Public Trust in Courts Declines, Many Ugandans Have Their Doubts

11 July 2024
Afrobarometer (Accra)
By Richard Adjadeh, Fred Male and Stevenson Ssevume Male

Only half of citizens feel confident that ordinary people can obtain justice in the courts.

Key findings

  • About half (51%) of Ugandans say they feel "somewhat confident" or "very confident" that ordinary people can obtain justice in the courts. But 45% express little or no such confidence.
  • Almost two-thirds of citizens say they could probably find legal advice (65%) and afford to take a legal problem to court (63%), if necessary. But fewer think such a case would be resolved fairly (50%) and within a reasonable time period (39%). o Only one-third (34%) say they are aware of legal aid services that are available in their community.
  • Only 28% of citizens say they would turn to a local court to resolve a legal problem. Most would prefer other options, including the police (25%), a political leader or government official (19%), or a traditional leader or traditional court (15%).
  • Fewer than half (46%) of survey respondents say they trust the courts "somewhat" or "a lot," down 10 percentage points since 2017.
  • A majority (56%) of citizens say that "most" or "all" judges and magistrates are corrupt, up 13 percentage points since 2017.
  • About two-thirds (65%) of Ugandans say that people are "often" or "always" treated unequally under the law. Six in 10 (61%) say officials who break the law frequently go unpunished.
  • A majority (56%) say that judges and magistrates "often" or "always" decide cases based on the influence of powerful people, rather than based on the law.
  • Ugandans are sharply divided over the death penalty: 50% say it is a fair punishment for the most serious crimes, while 49% say it is never justified.

Access to justice for all is a cornerstone of democracy and good governance, empowering citizens to exercise their rights and hold the powerful accountable (United Nations, 2023; Logan, 2017).

The government of Uganda has stated its commitment to promoting access to justice and the rule of law as highlighted in the United Nations' (2015) Sustainable Development Goal 16 (Office of the Prime Minister, 2021). Principles, policies, and strategies are spelled out in the Administration of the Judiciary Act of 2020, the Judiciary Strategic Plan V, and a judiciary staff handbook, among other documents (Republic of Uganda, 2020; Judiciary, 2021; Courts of Judicature, 2006).

The government's Justice Law and Order Sector (JLOS) reform process has sought to bring the judicial system closer to the people, reduce case backlogs, improve infrastructure, strengthen staff capacities, and expand legal aid services. The government has increased funding for new court premises, recruited additional judges and magistrates, and introduced initiatives such as alternative dispute-resolution interventions and online case hearings to reduce backlogs (Republic of Uganda, 2023; Judiciary, 2023). An electronic court case management information system introduced in some courts starting in March 2022 has helped streamline court processes and enhance efficiency in case clearance and the payment of court fees (New Vision, 2022).

In line with the national Zero-Tolerance to Corruption Policy (Republic of Uganda, 2019) and the Judiciary Strategic Plan V, the judiciary has developed the Anti-Corruption Strategy 2023- 2030, which seeks to strengthen integrity, transparency, service delivery, and public trust in the judicial system.

Despite these efforts, advocates say many Ugandans - especially poor and marginalised groups - still face enormous challenges in accessing quality and equitable justice (International Development Law Organization, 2019; Judiciary, 2021, 2023; Mukasa, 2022). On the World Justice Project's (2023) Rule of Law Index, Uganda ranks 125th out of 142 countries for rule of law, 115th for civil justice, and 119th for criminal justice.

This dispatch reports findings from a special survey module on access to justice included in Afrobarometer's Round 10 surveys.

Findings show that while a majority of Ugandans think they could probably afford to take a case to court if they had to, only half believe that ordinary people can obtain justice in the courts. Even fewer express trust in the courts, and a majority see most judges and magistrates as corrupt - critical indicators that have worsened over the past decade.

Majorities say that people are treated unequally under the law and that judges often make decisions based on the wishes of powerful people rather than on the law.

Richard Adjadeh Richard Adjadeh is a data analyst for Afrobarometer and a master of public policy student in the Department of Political Science at MSU

Fred Male Fred Male is a senior researcher for Hatchile Consult.

Stevenson Ssevume Male Stevenson Ssevume Male is an associate researcher with Hatchile Consult Ltd. in Kampala, Uganda.

Read the original article on Afrobarometer.

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