The Uganda Law Reform Commission, in collaboration with the Justice Law and Order Sector (JLOS), has developed draft guidelines to implement Informal Justice Systems (IJS) in the Administration of Justice in Uganda. The purpose of these guidelines is to establish a clear framework for informal justice, elucidate the connections between informal and formal justice systems, define coordination structures, and outline processes for referrals and appeals. The objective is to enhance access to justice, especially for marginalized and underprivileged populations, by incorporating and strengthening the use of IJS in dispute resolution.
The decision to create these guidelines arose from a study on Informal Justice Systems in Uganda, recommended by JLOS following the Transitional Justice Study report on Traditional Justice and Truth Telling in 2013. The study revealed that a significant proportion of disputes in Ugandan communities, around 80 percent, are resolved through informal justice mechanisms. Ignoring these systems would result in excluding a large segment of society from accessing justice. The study also found linkages between IJS and Formal Justice Systems (FJS), such as referrals, consultation, appeals, and evidence gathering, which could serve as a basis for formal linkages.
The Government of Uganda is committed to strengthening the informal justice framework and establishing connections between informal and formal systems. The Uganda Law Reform Commission will develop a framework for the practice of informal justice, ensuring it aligns with human rights standards and coexists smoothly with formal justice procedures in Uganda.
The guidelines will offer direction on how traditional informal justice systems can effectively resolve conflicts and disputes within communities and how these systems can be integrated into the formal administration of justice, synchronizing traditional practices with modern adjudication processes. The goal is to enhance justice accessibility and improve the quality of dispute resolution through the incorporation of IJS in the country's justice administration.
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