Access To Justice For The Poor Marginalised and Vulnerable People of Uganda

Access to Justice for the Poor,
Marginalised and Vulnerable People

of Uganda
What’s LASPNET?
The Legal Aid Service Providers Network (LASPNET) is a national member-based non-governmental
organisation established in 2004 to provide strategic linkages and a collaborative platform for legal aid
service providers (LASPs) in Uganda. The network maintains a common front to interface with the
Justice Law and Order Sector on issues of access to justice and the rule of law.It targets three critical
aspects of coordination: bringing together different LASPs for solidarity in strategizing, sharing lessons
and experiences, while minimizing duplication; capacitating them through collaborative research and
analysis; as well as documenting, providing feedback, and amplifying their voice on key issues regarding
access to justice/legal aid at regional, national or international level.
Vision
A Free and Just Society.
Mission
To provide a platform for effective networking and collaboration to enhance legal aid service delivery
and access to justice for the most vulnerable and marginalized people.
Goal
To improve networking, collaboration and coordination among legal aid service providers in Uganda.
Mandate
To strengthen coordination and networking of LASPs, harmonization and standardization of legal aid
service provision by the different service providers, lobbying and advocacy to facilitate a favorable legal
and policy environment.
Strategic Objectives
1. To strengthen advocacy for supportive enacting and implementation of legal aid harmonized legal
and policy framework.
2. To promote research and knowledge management to support evidence based programming and
advocacy for legal aid and access to justice.
3. To enhance networking and coordination of LASPs through promoting professional standards,
collective voice and advancing the legal aid and access to justice agendas.
4. To strengthen institutional development of LASPNET through effective and efficient, functional
organizational systems that provide sustainability.
Our Values
1. Justice
2. Team work
3. Commitment
4. Collaboration
5. Non-discrimination
Programs and Interventions

• Lobbying and Advocacy
• Networking and Coordination
• Research and Knowledge Management
• Strengthening institutional capacity of LASPNET and LASPs
Membership
LASPNET has a membership of 47 Legal Aid Service Providers (LASPs), operating in over 70 districts
of Uganda. Membership is granted after meeting the eligibility criteria and approval by the board. See
www.laspnet.org for the membership directory and details on the application procedure.
LEGAL AID SERVICE PROVIDERS’ NETWORK (LASPNET)
Access to Justice for the Poor,

Marginalised and Vulnerable People
of Uganda
A RESEARCH REPORT
by
Legal Aid Service Providers Network (LASPNET)

Plot 10, Block 75 Balintuma Road, Mengo
P.O. Box 8488, Kampala-Uganda
Tel: +256(0)312513733,
Email: [email protected],
Website: www.laspnet.org
Face book: Legal Aid Service Providers Network
Twitter: @LaspnetUganda
15th December 2015
Supported
Supported by: by:
Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

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LASPNET
LEGAL AID SERVICE PROVIDERS’ NETWORK

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TABLE OF CONTENTS
FOREWORD 8
ACKNOWLEDGMENTS 9
SUMMARY OF THE REPORT 11

Introduction 11
Summary of Findings 11
Causes and Impact of Poverty, Vulnerability and Marginalisation in Uganda 11
Uganda Poverty Trends 12
Who the Poor, Vulnerable and Marginalised? 12
Access to Justice bottlenecks and on-going efforts to address them 13
Conclusion and Recommendations 14
1.0 INTRODUCTION AND BACKGROUND 16

1.1 Introduction 16
1.2 Objectives of the study 17
1.3 Research Questions 17
1.4 Methodology 17
1.5 Limitations of the study 18
1.6 Synopsis of report 18
1.7 Definitions of key concepts 18
2.0 LEGAL, POLICY AND INSTITUTIONAL FRAMEWORKS FOR PROMOTING

ACCESS TO JUSTICE IN UGANDA 20
2.1 Introduction 20
2.2 International Human Rights Framework 20
2.2.1 The Universal Declaration of Human Rights 20
2.2.2 International Covenant on Civil and Political Rights 20
2.2.3 International Covenant on Economic, Social and Cultural Rights 21
2.2.4 UN Convention on the Rights of the Child 22
2.2.5 The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 22
2.2.6 The Convention on the Rights of Persons with Disabilities 23
2.2.7 United Nations Standard Minimum Rules for the Administration of Juvenile Justice
(the Beijing Rules) 1995 24
2.3 Regional Human Rights Instruments 24
2.3.1 The African Charter on Human and Peoples’ Rights 24
2.3.2 The African Charter on the Rights and Welfare of the Child 24
2.3.3 The Protocol on the Rights of Women in Africa (Maputo Protocol) 25
2.3.4 African Youth Charter 25
2.4 Other instruments (Soft Law) 25
2.4.1 Resolution on the Right to Fair Trial and Legal Aid in Africa (Dakar Declaration) 25
2.4.2 The Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System
in Africa 2004 26
2.4.3 The Kyiv Declaration on the Right to Legal Aid Conference on the Protection
and Promotion of Human Rights through Provision of Legal Services, 2007 27
2.4.4 Sustainable Development Goals (SDGs) 27

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2.5 National Policy Frameworks 28

2.5.1 The National Development Plan 28
2.5.2 JLOS Strategic Investment Plan SIP III 28
2.6 National Legal Framework 30
2.6.1 The 1995 Constitution of Uganda 30
2.6.2 The Legal Aid Policy and Draft Bill 30
2.6.3 The Children Act, Cap. 59 30
2.6.4 Persons with Disabilities Act of 2006 31
2.6.5 Pauper Suits under the Civil Procedure Rules 32
2.6.6 Other Laws 32
3.0 INVESTIGATING THE LINK BETWEEN POVERTY, VULNERABILITY AND MARGINALIZATION

AND ACCESS TO JUSTICE IN UGANDA 33
3.1 Access to Justice – What does it mean? 33
3.2 Poverty 34
3.2.1 Poverty, Marginalization and Vulnerability in Uganda 35
3.2.2 Poverty trends analysis in Uganda 35
3.2.3 Understanding the concept of poverty 37
3.3 Drivers and impact of poverty 39
3.3.1 Socio-economic drivers of poverty 41
3.3.2 Political-economic drivers of poverty 42
3.3.3 Poverty as an absence or lack of capabilities 43
3.4 Implications for the poor and vulnerable in terms of access to justice 44
3.5 Vulnerability and marginalisation in Uganda: conceptual issues and regulatory frameworks 45
3.6 Marginalisation 46
3.7 Causes and effects of vulnerability and marginalization in Uganda 49
3.8 Implications for access to justice in Uganda 50
3.9 A Profile of the Poor, Marginalized and Vunerable in Uganda 51
3.9.1 Children 51
3.9.2 Older persons 54
3.9.3 Women 56
3.9.4 Persons with disabilities (PWDs) 58
3.9.5 Youth 61
3.9.6 Fishing and island-based communities 63
3.9.7 The landless and smallholders 64
3.9.8 Internally Displaced Persons (IDPs) 65
3.9.9 Conflict-Affected Groups 68
3.9.10 People Living with the Human Immunodeficiency Virus (HIV) 70
3.9.11 Indigenous groups and Ethnic minorities 71
3.9.12 Refugees 74
3.9.13 Other groups 74
4.0 LEGAL AID AND ACCESS TO JUSTICE IN UGANDA 75

4.1 Introduction 75
4.2 Models of Legal Aid In Uganda 76
4.2.1 State provided legal assistance 76
4.2.2 States brief scheme 76

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4.2.3 Pro bono legal scheme 77

4.2.4 Uganda Human Rights Tribunal 77
4.2.5 Justice Centres 77
4.2.6 Legal aid by NGOs 78
4.3 Impact of Legal aid on vulnerability, marginalisation and poverty 79
4.3.1 Public Interest Litigation 79
4.3.2 Intervening for financial security 80
4.3.3 Securing economic livelihoods 80
4.3.4 Ensuring gender equity in assets management 81
4.3.5 Diversion from criminal and civil justice processes and cost saving 81
4.4 Barriers in Accessing Justice by the Poor, Marginalized and Vulnerable in Uganda 81
4.4.1 Physical accessibility to legal or justice delivery agencies 81
4.4.2 Orientation of supply side 82
4.4.3 Lack of confidence in the justice delivery system 82
4.4.4 The complexities of the Justice system 82
4.4.5 Cultural and social barriers 83
4.4.6 The Cost of Justice 83
4.4.7 Threat of corruption 84
4.5 Capacity of LASPs 84
5.0 RECOMMENDATIONS AND CONCLUSION 86

5.1 Short term recommendations 86
5.1.1 National Framework for Legal Aid 86
5.1.2 Extending the reach of legal aid 86
5.2 Long term evidence based interventions for vulnerable groups 88
5.2.1 Strengthen Monitoring and Evaluation 88
5.2.2 Strengthen appreciation for legal aid in JLOS institutions 88
5.2.3 Consider and adapt Means and Merit Test to standardise legal aid provision 89
5.3 Conclusion 89
REFERENCES 91
APPENDIX 1: TERMS OF REFERENCE 94
APPENDIX 2: PROPOSED GUIDELINES FOR LEGAL AID SERVICE PROVIDERS
ON THE IDENTIFICATION AND PROVISION OF ACCESS TO JUSTICE
SERVICES FOR THE POOR, MARGINALISED AND VULNERABLE 95
APPENDIX 3: SAMPLE MEANS AND MERIT TEST 97
APPENDIX 4: LIST OF RESPONDENTS 99

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FOREWORD
The Legal Aid Service Providers Network (LASPNET) is a national
member NGO established in 2004 to provide strategic linkages and
a collaboration framework for the Legal Aid Service Providers and
maintain a common front to interface with various actors in the
Justice, Law and Order Sector in Uganda. It targets three critical
aspects of coordination: a collective role bringing together different
LASPs for solidarity in strategizing, sharing lessons and experiences,
while minimizing duplication; capacitating them through collaborative
research and analysis ; as well as documenting, providing needed
feedback, and amplifying voice on key issues regarding access to
justice/legal aid at regional, national or international level. LASPNET’s
mission is “to strengthen access to justice for all by utilizing the synergies of legal aid service
providers” and it has taken up a mandate “to coordinate and standardize legal aid services
provided by different service providers.”
In line with the above aims and objectives, LASPNET commissioned Pro Initiatives Legal and
Human Rights Agency, a consultancy firm, to conduct this study on poverty, vulnerability,
marginalisation and access to justice.
Legal Aid Service Providers, despite sharing a common vision and mission, have devised
different programmes and activities to fulfil them. We hope that this study will not only
provide members with a useful resource full of important background information on the
legislative framework for legal aid and the socio-economic context that gives rise to the
need for free legal advice and assistance, but that it will also provide them with a common
starting point from which to streamline their legal aid programmes and ensure that the
poor, vulnerable and marginalised are able to access legal aid according to their needs and
the merits of their claims. In this regard, the study will assist the network in establishing the
identities and categories of the persons they should target in legal aid service provision and
other related interventions such legal education.
The study makes a number of useful recommendations on legal aid in general, which
members should consider and try to incorporate in their future activities. It also provides
suggested guidelines and a sample means and merit test (MMT) that members can use as
a point of reference to come up with a more customised standard for evaluating potential
clients.
Mr. Samuel Herbert Nsubuga,

CHAIRPERSON OF THE BOARD OF DIRECTORS,

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ACKNOWLEDGEMENTS
The Legal Aid Service Providers’ Network (LASPNET) wishes
to acknowedge the contributions of the various individuals,
groups and organisations who played a role in the completion
of this study.
LASPNET acknowledges the financial support of the Democratic

Governance Facility (DGF).
The study on poverty, vulnerability, marginalisation and access

to justice was conducted in a participatory manner that involved
extensive consultations. We deeply thank LASPNET members,
staff of the LASPNET Secretariat and other stakeholders from
the Justice, Law and Order Sector (JLOS) who participated as respondents, gave their views
and participated in the Validation Workshop.
Lastly, LASPNET thanks the study team: Laura Nyirinkindi, Monica Twesiime Kirya, Robert
Mugagga and Maurice Muhumza of Pro Initiatives.
We are hopeful that this report will be an important resource that will help us to achieve
our strategic objectives.
Ms. Sylvia Namubiru Mukasa

EXECUTIVE DIRECTOR,

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LIST OF ABBREVIATIONS AND ACRONYMS

ADR Alternative Dispute Resolution
CBO Community Based Organisation
EOC Equal Opportunities Commission
IDP Internally Displaced Person
JLOS Justice Law and Order Sector
J4C Justice for Children
LAC Legal Aid Clinic
LASP Legal Aid Service Provider
LASPNET Legal Aid Service Providers’ Network
LDC Law Development Centre
MAAIF Ministry of Agriculture, Animal Industry and Fisheries
NDP National Development Plan
NGP National Gender Policy
NGO Non Governmental Organisation
OVC Orphans and Vulnerable Children
PLHIV Persons Living with HIV
PWD Persons with Disabilities
SIP Sector Investment Plan
UBOS Uganda Bureau of Statictis
UN United Nations
UNHS Uganda National Household Survey
UNESCO United Nations Education and Scientific Cooperation Organisation

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SUMMARY OF THE REPORT

Introduction
Uganda is a signatory to a number of international and regional instruments that seek to
guarantee access to justice as an inalienable right to Ugandans. The Ugandan Government
has also introduced policy and domestic legislation that seeks to regulate or promote access
to justice for various groups or individuals. The legal and policy framework notwithstanding,
a significant part of the population can be categorised as poor, vulnerable and marginalised.
Such groups of people often struggle or fail to access justice.
Summary of Findings
Access to Justice is
standards.” Justice is “the amount of fairness that people experience and perceive when
.”
There are various understandings of the term “poverty:” is the type that traps
households into severe and multi-dimensional poverty and can take on an intergenerational
form to the effect that those born in poverty live in it and bestow it on their children. The
United Nations maintains that ‘
access to social services.’
Most official definitions of poverty use relative income to measure who is in poverty. The
World Bank sets the threshold at $ 1.25 a day, and the Uganda Government takes a similar
position.
Vulnerability on the other hand is
quo.”
Marginalisation has been defined as “
The United Nations Education and Scientific Cooperation

Organisation (UNESCO) has defined marginalisation as occurring ‘when people are
.’ The Orphans and Vulnerable Children

(OVC) Policy defines marginalized groups as ‘
Causes and Impact of Poverty,Vulnerability and Marginalisation in Uganda

Some of the underlying causes of poverty in Ugana include the large size of households,
low education levels and low asset holding. Other factors include living in a rural area; living
in Northern Uganda; having a large family; having little education or low skills levels; being a
member of a female headed household; being a widow, an orphan, a disabled person or a
member of a ‘gap generation family’ (with children and grandparents but no economically

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active adults).
Another way to think about the causes of poverty is to think in terms of capabilities. These
reflect a person’s freedom or ability to choose the way (s)he would like to live. They
include the capacity to be free from hunger, to become educated, and to earn a decent
living. They are interconnected and mutually reinforcing. People trapped in persistent
poverty tend to experience multiple ‘capability deprivations’ concurrently. That is to say,
they are illiterate, have inadequate nutrition, poor human rights, and insufficient income and
livelihood opportunities. Such factors drive and maintain poverty and perpetuate it across
generations. In addition, weak state institutions and governance result in poorly designed
and implemented policies, weak formal institutions and rule of law, inadequate service
delivery, and to other practices that undermine the creation of an enabling environment for
wealth creation.
Uganda Poverty Trends

There has been a significant reduction of the population living below the poverty line from
the previous rate of 56% in 1993 to 31% in 2005 and 24.5% in 2009. The Uganda National
Household Survey 2012/13 indicates that the percentage of the people living in absolute
poverty declined by 4.8% points from the 24.5% reported in 2009/10.
Despite the recorded decline in poverty, this has not translated in sustained or significant
progress in the general welfare of Ugandans. In Uganda, only two out of the seventeen
MDG targets have been met, with some reversals and stagnancy in key social indicators
such as maternal health, HIV/AIDS. Uganda ranked 161st out of 187 countries on the
United Nations Development Programme’s Human Development Index in 2012 in the Low
Human Development category. In 2014, it ranked 164 out of 187 countries on the Human
Development Index. The NDP II starkly states that ‘Uganda is judged to be amongst the
.
Moreover, approximately 43% of the population risks falling back into poverty in the event
of a shock. Statistics from the UNHS 2012/13 reveal that the rural areas, which hold about
77% of the population, constitute 89% of national poverty. According to the UNHS 2012/3,
poverty incidences remain highest in the Northern region (44%) and least in the Central
region (5.1%). At sub-regional level, Karamoja in North East dominates with 75% being
income poor, followed by West-Nile (42%) and Mid-North (36%).
Who the Poor,Vulnerable and Marginalised?

It should be noted that even though the terms are used together they are not interchangeable
as stated clearly in the definitions above. There are numerous groups and categories
who can be considered as poor, vulnerable and marginalised. They include people with
neglected and often misunderstood diseases (including the mentally ill, nodding disease
victims, and other such diseases in Uganda). They include Persons with Disabilities, the
Elderly, lonely and isolated, Children, especially those who have disabilities, are refugees, or
fall into other categories of vulnerable groups. Children with Parents in Prison, children who
head households and the homeless should not be left out.
The landless who sell their labour, women especially widows, widowers who have many
children to look after, those with large families, orphans and abandoned children, the
chronically sick, the elderly, the youth who are jobless, the internally displaced, refugees and
those living in areas prone to natural disasters such as earthquakes and landslides and ethnic

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minority groups are also in this category.
The youth are a significant majority of Uganda’s population, and although not all of them are
considered vulnerable, the following sub-categories of youth may be vulnerable to poverty:
unemployed youth, school drop-outs, out-of-school youth, youth inmates, domestic
workers, sex workers, and drug and alcohol addicts.
The Equal Opportunities Commission extends its mandate to groups marginalized on the
basis of sex, race, colour, ethnic origin, tribe, creed, religion, social or economic standing,
political opinion, disability, gender, age or any other reason created by history, tradition or
custom.
Access to Justice bottlenecks and on-going efforts to address them

The government of Uganda is making some effort to address the lack of access to justice
through the State Briefs scheme for persons charged with capital offences, the Pro
bono scheme run by Uganda Law Soceity, allowing Students to offer legal aid and the
establishment of the Justice Centres. The efforts of the various non-governmental Legal Aid
Service Providers (LASPs) also help substantially to fill the gap.
However, access to justice remains limited for various reasons. For example, most of the
JLOS services remain in the urban areas and central region. This creates a physical barrier
that may result in victims or users not attempting to close the distance gap hence choosing
to relinquish their rights. The Justice Centres that provide critical legal aid are found in
only four satellite locations. Only 18.2% of the people in rural areas are able to access a
Magistrate Court within a distance of less than 5km compared to an overwhelming 56%
in urban areas. There are challenges of raising resources for transportation to the relevant
institutions.
The ease of transactions of legal matters is at best difficult for lawyers who are schooled
in legal practice and confusing for laypersons who may be literate. However, in the case
of poor and vulnerable persons, who are already disadvantaged in several ways including
illiteracy; interfacing with legal processes can be a formidable task, daunting at best. The
often highly charged and adversarial system of justice combined with a strong focus on
procedures and rules can be distressing and disempowering, especially for poor people.
There is a lack of confidence in the justice delivery system as impartial and transparent.
Individuals or groups who have been subjected to abuse, bias or discrimination are likely to
be fearful of power structures and dynamics and suspicious of government agencies. Their
status as poor persons in a highly monetised justice system and environment raises fears of
further marginalisation and re-victimisation
Other challenges include various user fees for legal processes which may serve as a
deterrent to filing cases before institutions. Also, lawyers’ fees tend to prohibitive, even
where lawyers may be accessed. Moreover, there is a perception of corruption in JLOS
institutions. (National Service Delivery Survey indicates that 41% gave ’ ’ to the
police, prisons 29%, and magistrates 15% while customary courts had the least at 2%).
Gender discrimination and patriarchal norms such as the fact that people are discouraged
from solving their disputes through State Forums under the guise of not washing dirty linen
in public also play a role in hindering access to justice. Also, there is limited gender sensitivity

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in JLOS institutions – training one or two staff is not enough! The justice system is not child
friendly or friendly to marginalised and vulnerable groups such as refugees and persons with
disabilities.
Conclusion and Recommendations

The poor and vulnerable are the primary victims of marginalisation, discrimination,
exclusion and exploitation which further exacerbates their situation, leading to extreme
forms of poverty and vulnerability. It is therefore imperative that Uganda devises means
of ensuring that the most affected individuals and populations are identified for priority
action including affirmative action, at the same time establishing longer term measures
for sustainable service delivery for other categories facing challenges. Without effective,
inclusive and affordable access to justice mechanisms, the poor, vulnerable and marginalized
are denied the opportunity to enjoy, claim or reassert their rights or challenge breaches
thereof. In sum, the barriers to justice that are attitudinal, procedural or physical have the
effect of denying these groups the appropriate standard of justice that is critical for resolving
some root causes of marginalization, discrimination, poverty and vulnerability. Therefore,
the progression towards comprehensive legal aid programmes is critical in restoring some
of the balance in favour or vulnerable and marginalised groups. However, it is important to
note that to improve access justice for such categories of people requires tackling a range
of legal, socio-economic and cultural barriers that exist in the formal and non-formal justice
system.
In view of the above, it is recommended, that:
The reach of legal aid be extended to offer more comprehensive services.

For instance, labour officers and social workers/ probation officers could be
part of the justice centres, following the example of South Africa. This is in
recognition of the fact that vulnerable & marginalised groups need counselling
and psycho-social support, not just legal solutions. Alternatively, lawyers
should be trained to offer counselling services.
Eligibility for legal aid should go beyond indigence to include vulnerability and
marginalisation. Legal Aid Services Providers should also utilise the Merit test
by considering the substantive justice issues raised by the case.
State Legal aid should be made available for children in both criminal and civil
proceedings and in family law matters in general.
There should be automatic waivers of court fees for indigent persons, and
thus there is a crucial need to further analyse the applicability and relevance
of Order 33 of the Civil Procedure Rules, which provides for Pauper Suits.
Legal Aid Service Providers should work with cultural institutions to ensure
that they adhere to natural justice principles.
LASPs are encouraged to conduct baselines before initiating legal aid service
provision projects. They can also use data from UBOS Household and
demographic surveys and State of the Population report. Information on
behaviour and attitudes can be obtained from Afrobarometer.

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LASPNET should partner with the EOC which has the mandate for vulnerable
and marginalised groups. It is also important for LASPNET to strengthen
appreciation for legal aid in JLOS and the legal profession especially State
briefs and pro bono scheme, and sensitise State institutions about the
importance of legal aid.
LASPS should continue to promote legal literacy, recognise the role of non-
lawyers – (students and paralegals) in legal aid and encourage partnerships
with advocates in private practice. The Legal Education Curriculum should
actively promote Clinical Legal Education and inspire more lawyers to take
up “community lawyering.”
It is crucial to ensure sustainability of LASPs by finding alternative sources of

funding.
The Law Council should consider allowing LASPs to adverstise in Police

Stations so that their services are known to those who most need them.
Lastly, LASPs need to deliberate further on how to modify and apply the
various means and merit tests according to their own aims and target groups.
Further and more in depth research would be required to pin-point exactly

who and where the poor are in each district, region or town of Uganda.
Other aspects that should be studied further include issues of pecuniary
and geographical jurisdiction over various civil and criminal matters and how
these affect access to justice. It is also important to analyse whether and how
the Civil Procedure Rules on Pauper Suits (Order 33) are being applied and
whether they can adequately address financial barriers to access to justice for
the poor in Uganda.

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1.0 INTRODUCTION AND BACKGROUND

1.1 Introduction
The Legal Aid Service Providers Network (LASPNET) was established as an institutional
mechanism to provide a collaborative framework and strategic linkages for Legal Aid Service
Providers (LASPs) in the country. One of its key aims is to enable LASPs to maintain a
common and united front in interfacing with various actors in the Justice, Law and Order
Sector (JLOS) in Uganda.
LASPNET-Uganda commissioned this study on poverty, vulnerability and marginalisation

in the context of access to justice in order to support one of its strategic functions which
is “to research, advocate, document and amplify voice on key issues regarding access to
justice and legal aid at the regional and national levels.” The study will assist the network in
establishing the identities and categories of the poor, marginalised and vulnerable persons
that the state and non-state actors should target in legal aid service provision and other
related interventions.
The study was regarded as necessary because Uganda is a signatory of International and
regional conventions such as the International Convention on Civil and Political Rights, the
Convention on Economic, Social and Cultural Rights and the African Charter on Human
Rights, all of which provide for access to justice as an inalienable right. In recognition of
the importance of these Conventions and the need to domesticate and implement them
locally, a number of international and regional conferences have been held and declarations/
resolutions made to enhance access to justice through legal aid. Such conferences/
declarations include: the Lilongwe Conference and declaration on Accessing Legal Aid in the
Criminal Justice System in Africa 2004 the Kiev Conference 2007 and the Kigali Conference
on Access to Justice in Africa 2008. Uganda’s Constitution 1995 further entitles an accused
person charged with a capital offense to be represented in court at the State’s expense.
In a number of respects, the national legal framework including the Poor Persons Defence
Act 1998; the Advocates (Amendment) Act 2002; the Advocates (Pro bono Services to
Indigent Persons) Regulations 2009; and the Advocates (Student Practice) Rules 2004; all
make provision for the right of the vulnerable and poor to access justice.
Although the State is legally designated as the key duty bearer to respect, protect, promote
and fulfil basic rights including the provision of legal assistance to those who are in conflict
or in contact with the law, this has not been forthcoming. There are only a few state led
initiatives such as Pro-bono and State Brief which provide state legal aid. This has meant that
the bulk of interventions is left to non-state actors. Non-state actors are in turn bedevilled
by a number of issues; such as the fact that their support is ad hoc, fragmented, and non-
sustainable due to limited resources. Moreover, whilst there are many persons in need of
services, there is no standardised demarcation regarding which categories or groups are
most in need of legal aid services. The fact that the target groups are not clearly defined is
therefore problematic.
It is therefore important to have a comprehensive understanding of the rights holders – the

poor, vulnerable and marginalised that face challenges in accessing justice; so as to streamline
legal aid service provision and ensure that LASPs are targeting as many as possible of the
people who need legal aid services.

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1.2 Objectives of the study

The purpose of the study was to provide evidence based information on categories of
persons who access legal services and to set standards for service provision. Specifically,
the study was aimed at:
i. providing baseline information on who the poor, vulnerable and marginalised

persons are and where they are found in Uganda.
ii. analysing patterns and linkages of poverty, vulnerability and marginalisation and how
these factors affect the right to access justice by all.
iii. highlighting how access to justice programs are being formulated and devise a
standardized approach for intervention that will address the needs of the poor,
vulnerable and marginalized in a manner that targets the most deserving beneficiaries.
iv. making appropriate recommendations on interventions (both short term and long
term) that can address the hindrances faced by the poor, vulnerable and marginalised
in accessing justice.
1.3 Research Questions

The study was guided by the following research questions as per the terms of reference:
i. What is the definition of poverty, vulnerability and marginalisation in the context of

Access to Justice
ii. What are the causes and impact of poverty, vulnerability and marginalisation in
Uganda on national development especially in relation to the promotion of access
to justice by all?
iii. Who are the poor, vulnerable and marginalised in Uganda, where are they and how
many are there?
iv. What are the major access to justice bottle necks and what efforts are being made
by the state and non-state interventions to address them?
v. What cost effective, good practices from other Jurisdictions in relation to enhancing
access to justice by the most poor vulnerable and marginalised can be replicated in
Uganda?
vi. What standards should guide the identification and provision of access to justice
services for the poor , vulnerable and marginalised?
vii. How should LASPNET plan for interventions that seek to enhance access to justice
by the most vulnerable and marginalised in Uganda?
1.4 Methodology
The study was mainly qualitative in nature although quantitative data was obtained from
secondary sources. The choice of qualitative methodology was informed, firstly, by the
need for the study to provide detailed descriptive information on povery, vulnerability,
marginalisation and access to justice in Uganda; and secondly, the importance of identifying
patterns and linkages between the aforementioned phenomena. To this end therefore, the
study adopted the following methods of data collection.
i. Literature Review: The consultants reviewed a substantial amount of literature;

ranging from treaties, laws, and policies; to previous studies on access to justice,
official reports by JLOS agencies, and reports of LASPNET member organisations.
The literature reviewed is included in the reference list.
ii. Key informant interviews: The consultants conducted semi-structured interviews

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with key informants in JLOS agencies and LASPs. Interviews were recorded or
transcribed by hand. A list of the individuals and institutions interviewed is atatched
in the Appendix.
Information from the literature review and the interviews was synthesised and analysed in
order to present as complete a picture as possible of the the issues under scrutiny.
1.5 Limitations of the study

The study was constrained by several factors, one of which was the short time available
for data colection, analysis and synthesis. Moreover, the sample size was limited by the
funds available, resulting in a significant reliance on secondary data. Data collection was
also constrained by the lack of and inadequate information management systems among
the LASPs. The study required detailed information on who and where the poor are and
whether they can access justice if at all – unfortunately, answering this question would
have required a longer time and ethnographic approach which was not possible with the
time and resources available. Nonetheless an attempt has been made to be as thorough as
possible and provide a detailed analysis of the issues in spite of the limitations encountered.
1.6 Synopsis of report

Part 1 is the introductory part of the report, highlighting purpose of the study and the
methodology that was adopted. Part 2 considers the legal, policy and institutional
frameworks promoting access to justice in Uganda. Part 3 looks at poverty, vulenrability
and marginalisation; analysing how these factors influence and impact access to justice in
Uganda. Part 4 analyses legal aid services provision in Uganda and its impact on poverty,
vulnerability and marginalisation. Part 5 contains the recommendations and conclusion of
the study.
In this study, the concepts of access to justice, poverty, marginalization and vulnerability
feature prominently.
The concept of access to justice is fundamental as a mechanism for the possible reversal
of some of the most harmful aspects of poverty, marginalization, and vulnerability and for
inclusion in the post–2015 development agenda. In addition to the above, the concepts of
poverty, marginalization and vulnerability are key factors in accessing the rights and welfare
of citizens. The three concepts are useful for identifying those most in need of legal aid and
access to justice. Briefly, the following meaning can be attached to these concepts and is
further elaborated in chapter 3.
i. Access to Justice
The concept of access to justice refers to a process which enables people to claim and
obtain justice remedies through formal or informal institutions of justice, and in conformity
with human rights standards. It also relates to ‘the mere contact or right to entry to use the
justice system by citizens.’ In essence therefore access to justice entails an examination of
how individuals, groups and communities realise de facto justice from the enforcement of
substantive law as well as the quality of justice meted out on them by the justice delivery
system. In a comprehensive or holistic manner, access to justice includes elements entailing
contact, entry and use of justice delivery system.

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ii. Poverty
The concept of poverty can be defined as a multidimensional phenomenon that includes
as one of its components chronic social, political and economic inequality or ‘a human
condition characterized by the sustained or chronic deprivation of resources, capabilities,
choices and power necessary for the enjoyment of an adequate standard of living and other
civil, cultural, economic, political and social rights’.
iii. Marginalization
The concept of marginalisation has been defined as “processes by which some groups of
people are being pushed or kept out of the system, or being maintained in a peripheral,
disadvantaged position within that system.” It is in effect complex process of relegating
specific groups of people to the lower or outer edge of society. Marginalisation pushes
these groups of people to the margin of society economically, politically, culturally and
socially; in line with an unwritten, but nonetheless real, policy of exclusion.
iv. Vulnerability
The concept of vulnerability refers to the probability or risk today of being in poverty or
to fall into deeper poverty in the future due to disasters or shocks that would worsen
the status quo. Linked to the concept of vulnerability is the fact that vulnerable groups of
individuals do not participate or have an ability to influence decisions that ultimately impact
their lives or welfare. Vulnerable groups or people do not have access to effective justice
that would enable them to obtain legal remedies to their problems.

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2.0 LEGAL, POLICY AND INSTITUTIONAL FRAMEWORKS

FOR PROMOTING ACCESS TO JUSTICE IN UGANDA
2.1 Introduction
Access to Justice is widely viewed as human rights in itself, and as a process of attaining
human rights, thus an end to a means. Access to justice can be viewed as being two-
dimensional, and intended to remove de facto and de jure barriers to obtaining effective
remedies. One is the procedural aspect: access to courts, lawyers and law enforcement
agencies- this is important for making the justice system more user friendly, effective and
accessible. Substantive justice looks at the fairness of the legal system and procedures and
laws in place, that is to say, access to just outcomes.1 These concepts can also be extended
to informal or traditional systems of justice, which in many Ugandan societies people resort
to. There are various legal, policy and institutional frameworks that promote access to
justice as will be discussed here-under.
2.2 International Human Rights Framework
2.2.1 The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is the earliest and most consensus-
building instrument of the United Nations. It is a standard setting document that highlights
the importance of freedom from want and fear, combining civil and political rights in the
same document and promoting the principle of human rights as indivisible, interrelated
and inalienable. It recognises the central role of rule of law as an outlet for those who are
oppressed.
Article 7 of the Declaration recognises that all are equal before the law and are entitled
without any discrimination to equal protection of the law and all have right to an effective
remedy by the competent national tribunals for any violation of legal or constitutional rights.
2.2.2 International Covenant on Civil and Political Rights

Uganda has ratified the International Covenant on Civil and Political Rights. This Covenant
sets out fundamental human rights, freedoms and guarantees that states have an obligation
to respect, fulfill and protect under international law. Article 2 (2) requires states to fill gaps
in legislative and other measures in protecting rights by adopting required laws or other
measures to give effect to the rights recognized in the Covenant. This builds the case for
substantive legal or de jure justice that recognises the principles of fairness, equity and non-
discrimination, including in the realm of access to justice.
Article 3 in its entirety looks at the procedural aspects of justice, focusing on the role of
institutions in ensuring fair outcomes. It mandates effective remedies for persons whose
rights or freedoms are violated. Lawful authorities within the legal system must adjudicate
these rights, and meaningful remedies provided.
Article 26 of the Covenant provides that all persons are equal before the law and entitled
to equal protection of the law, without discrimination based on any characteristics laid
out therein. These include race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Read in conjunction with Article
1 Farrow, T. (2014). Osgoode Hall Law Journal, 51(3), Research Paper No. 51 Vol.
10/ Issue. 12.

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32 of the Constitution of Uganda, 1995,2 the argument can be made that groups that have
been marginalized and disadvantaged are prime candidates for legal aid in order to facilitate
their access to justice on an equal footing with others, to achieve the meaning of Article 26
of the Convention.
The ICCPR also contains important due process guarantees during trial on criminal
charges under for Article 14 (3) (d), including access to free legal representation. General
Comment Number 32 of the UN Human Rights Committee makes the following critical
pronouncement in this regard3 that the availability or absence of legal assistance often
determines whether or not a person can access the relevant proceedings or participate in
them in a meaningful way.
While article 14 explicitly addresses the guarantee of legal assistance in criminal proceedings
in paragraph 3 (d), States are encouraged to provide free legal aid in other cases, for
individuals who do not have sufficient means to pay for it. In some cases, they may even
be obliged to do so. For instance, where a person sentenced to death seeks available
constitutional review of irregularities in a criminal trial but does not have sufficient means to
meet the costs of legal assistance in order to pursue such remedy, the State is obliged to
provide legal assistance in accordance with article 14, paragraph 1, in conjunction with the
right to an effective remedy as enshrined in article 2, paragraph 3 of the Covenant.
Thus the United Nations standard setting entities encourage a more expansive interpretation
of the provision of legal aid to other areas, to promote substantive and procedural justice.
2.2.3 International Covenant on Economic, Social and Cultural Rights

Uganda is a state party to the International Covenant on Economic, Social and Cultural Rights but
the instrument does not contain provisions on judicial remedies. However, current
developments in international and regional jurisprudence reveal that economic and social
rights are justiciable.4 In addition, the right to an effective remedy before a competent
authority is required. In that regard, the UN Committee on Economic, Social and Cultural
rights in General Comment number 9 pronounces itself thus5that the right to an effective
remedy need not be interpreted as always requiring a judicial remedy.
Administrative remedies will, in many cases, be adequate and those living within the
jurisdiction of a State party have a legitimate expectation, based on the principle of good
faith, that all administrative authorities will take account of the requirements of the Covenant
in their decision-making. Any such administrative remedies should be accessible, affordable,
timely and effective. An ultimate right of judicial appeal from administrative procedures of
this type would also often be appropriate. By the same token, there are some obligations,
such as (but by no means limited to) those concerning non-discrimination in relation to
which the provision of some form of judicial remedy would seem indispensable in order
to satisfy the requirements of the Covenant. In other words, whenever a Covenant right
cannot be made fully effective without some role for the judiciary, judicial remedies are
necessary.
2
4
5

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Further, in regard to justiciability, the UN Committee on Economic Social and cultural rights
has this to say that the adoption of a rigid classification of economic, social and cultural rights
which puts them, by definition, beyond the reach of the courts would thus be arbitrary
and incompatible with the principle that the two sets of human rights are indivisible and
interdependent. It would also drastically curtail the capacity of the courts to protect the
rights of the most vulnerable and disadvantaged groups in society.
Thus a reading of the international bill of human rights as analysed above is illustrative
of the intentions of the drafters of the Bill of rights to promote all persons, particularly
the vulnerable, from denial of their rights based on technical, procedural and substantive
barriers. It is this framework that Uganda is bound to observe in its addressing poverty,
vulnerability and access to justice at the domestic level.
2.2.4 UN Convention on the Rights of the Child

Uganda has signed, ratified and domesticated the Convention on the Rights of the Child
(CRC). Uganda’s Children Act consolidates several of the standards of the CRC. The CRC
outlines the rights that children are to enjoy without discrimination, recognizing them as
substantive rights holders.
Under Art 40 (2) of the CRC, children have protections that are quite significant in ensuring
that as a vulnerable group, they have access to justice. It provides that a child is to be
informed promptly and directly of the charges against him or her, and, if appropriate through
his or her parents or legal guardians, and to have legal or other appropriate assistance in the
preparation and presentation of his or her defence. This provision automatically bestows
upon a child the right to legal aid in criminal cases. However, the Children Act Cap 59 of
Uganda does not have this progressive provision.
Further, the speediness of the trial is emphasised in Article 40 (2) (iii) which requires states
to have such matters without delay by a competent, independent and impartial authority or
judicial body in a fair hearing according to law, in the presence of legal or other appropriate
assistance and, unless it is considered not to be in the best interest of the child, in particular,
taking into account his or her age or situation, his or her parents or legal guardians. This
speaks to the procedural aspects of access to justice for children, which is in their best
interests given the potentially harmful impact of their interaction with the criminal justice
system.
The UN Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime
call for support to child victims and witnesses that transcends mere legal processes
6
The Guidelines encourage provision of not only legal services that include advice or
representation, but also health, psychological, social and other relevant services.
2.2.5 The Convention on the Elimination of All Forms of Discrimination against

Women (CEDAW)
This international instrument which is also refered to as the ‘international bill of rights for
women’ was adopted in 1979 by the UN General Assembly. The instrument essentially
spells out what in effect constitutes discrimination against women and lays out the agenda
for national action against different forms of discrimination. Uganda is a state party to this
6

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legislation having signed on 30th July 1980 and ratified the same on 22nd July 1985.
The right of access to justice for women is essential to the realization of all the rights
protected under the Convention on the Elimination of All Forms of Discrimination against
Women. Article one of the Convention defines discrimination against women as “...any
distinction, exclusion or restriction made on the basis of sex which has the effect or purpose
of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective
of their marital status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other field.”
Important to note that article 2 stipulates that States parties must take all appropriate
measures to guarantee the substantive equality of men and women in all areas of life,
including through the establishment of competent national tribunals and other public
institutions to ensure the effective protection of women against any act of discrimination.
While article 15 of the Convention provides that women and men must have equality
before the law and benefit from equal protection of the law. On the other hand article 3
of the Convention lays out the need for appropriate measures to ensure that women can
exercise and enjoy their human rights and fundamental freedoms on a basis of equality with
men.
Uganda as a state party to this Convention, has committed itself to undertake a series of
measures to end discrimination against women in all forms, including but not limited to
incorporating the principle of equality of men and women in their legal system, abolish all
discriminatory laws and adopt appropriate ones prohibiting discrimination against women.
2.2.6 The Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities and its Optional Protocol was
adopted by the United Nations General Assembly on 13 December 2006. Uganda signed
the Convention 30th March 2007 and ratified it on 25th September 2008.
Article one sets the purpose of the Convention as being to promote, protect and ensure
the full and equal enjoyment of all human rights and fundamental freedoms by all persons
with disabilities, and to promote respect for their inherent dignity. It goes further to define
Persons with disabilities as including those who have long-term physical, mental, intellectual
or sensory impairments which in interaction with various barriers may hinder their full and
effective participation in society on an equal basis with others.
The Convention under article 13 provides for the ‘access to justice’ wherein it is stated
that States Parties shall ensure effective access to justice for persons with disabilities on an
equal basis with others, including through the provision of procedural and age-appropriate
accommodations, in order to facilitate their effective role as direct and indirect participants,
including as witnesses, in all legal proceedings, including at investigative and other preliminary
stages. To this end, States Parties are enjoined to promote appropriate training for those
working in the field of administration of justice, including police and prison staff.

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2.2.7 United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (the Beijing Rules) 1995
The Beijing Rules were adopted by the United Nations General Assembly resolution 40/33
of 29 November 1985. The Rules in essence represent the minimum conditions which are
accepted as suitable by the United Nations for the handling of juvenile offenders under any
justice system of dealing with such persons.
Under Rule 1.4, juvenile justice is regarded as an integral part of the national development
process of each country, within a comprehensive framework of social justice for all juveniles,
thus, at the same time, contributing to the protection of the young and the maintenance of
a peaceful order in society.
Although, the Beijing Rules do not expressly spell out the right to access to justice in the
text, it is provided under Rule 13.3 that juveniles under detention pending trial shall be
entitled to all rights and guarantees of the Standard Minimum Rules for the Treatment of
Prisoners adopted by the United Nations. Further to the above, Rule 13.5 states that while
in custody, juveniles shall receive care, protection and all necessary individual assistance -
social, educational, vocational, psychological, medical and physical - that they may require in
view of their age, sex and personality.
2.3 Regional Human Rights Instruments
2.3.1 The African Charter on Human and Peoples’ Rights

The African Charter on Human and Peoples’ Rights is a homegrown continental human
rights instrument, also referred to as the Banjul Charter. The Banjul Charter recognises the
rights and freedoms of African citizens in the political, social, economic and cultural spheres,
both individually and collectively.
The Banjul Charter recognises all persons as equal before the law and as being entitled
to equal protection of the law. Principles promoting access to justice can be read in the
provisions of Article 7 that recognise the right of every individual to have his cause heard.
This includes the right to defence, including the right to be defended by counsel of his
choice. This provision is not stated specifically as the right to free legal representation, but
it is implied in that the latter part of the sentence provides the option for an individual to
chose his or her own legal representative.
2.3.2 The African Charter on the Rights and Welfare of the Child
This charter sets out by recognizing from the outset that the ‘needs of the child due
to his physical and mental development requires particular care with regard to health,
physical, mental, moral and social development, and requires legal protection in conditions
of freedom, dignity and security’. Within that framework, it recognises the rights of children
in the area of civil, political, economic and social cultural rights. Article 4 addresses the legal
status of the child in judicial proceedings within the principle of the best interests of the
child. It notes that children’s views must be respected in all n all judicial or administrative
proceedings affecting a child who is capable of communicating his/her own views.
Article 17 addresses Juvenile Justice for children in conflict with the law. It requires that
such a child shall be afforded legal and other appropriate assistance in the preparation and
presentation of his defence. Further, such trials are to be determined as speedily as possible
by an impartial tribunal and if found guilty, be entitled to an appeal by a higher tribunal.

24
Such a positive provision entails an understanding that children are to be availed legal aid to
enable them realise their rights to access justice in a meaningful manner.
2.3.3 The Protocol on the Rights of Women in Africa (Maputo Protocol)

The Maputo Protocol is ground breaking in terms of standard setting for the protection of
women’s rights, and is reflective of several concerns that African women face. The protocol
recognises the rights of women and their freedom from all forms of discrimination. Unlike
other international instruments on women’s rights, it has a specific article on access to
justice, with far reaching implications. Article 8 recognises the right of access to Justice and
Equal Protection before the Law, noting that women and men are equal before the law and
shall have the right to equal protection and benefit of the law. Specifically, it highlights the
right to effective access by women to judicial and legal services, including legal aid.
The Maputo Protocol also provides for b) support to local, national, regional and
continental initiatives directed at providing women access to legal services, including legal
aid; c) the establishment of adequate educational and other appropriate structures with
particular attention to women and to sensitise everyone to the rights of women; d) that law
enforcement organs at all levels are equipped to effectively interpret and enforce gender
equality rights; e) that women are represented equally in the judiciary and law enforcement
organs; f) reform of existing discriminatory laws and practices in order to promote and
protect the rights of women.
On the continent, this is instrument provides by far the most comprehensive compulsion
to remove de facto and de jure barriers to accessing justice, including through the provision
of legal aid.
2.3.4 African Youth Charter

The Africa Youth Charter is an instrument of the African Union. The Charter from the
outset notes with concern the marginalisation of youth from mainstream society through
inequalities in income, wealth and power among other things. It also notes their plight of
unemployment and underemployment, poverty and hunger, illiteracy and poor quality
educational systems, restricted access to health services and to information, exposure to
violence including gender violence, engagement in armed conflicts and experiencing of
various forms of discrimination.
The Charter recognises the socio-economic and civil and political rights of youth in Africa.
contains although it does not provide for a right to effective remedies for breaches of these
rights, nor equal protection of the law. Article 18 on law enforcement enjoins states to
ensure that accused and convicted young people are entitled to a lawyer.
2.4 Other instruments (Soft Law)
2.4.1 Resolution on the Right to FairTrial and Legal Aid in Africa (Dakar Declaration)
This is a resolution of the African Commission on Human and Peoples’ Rights made in
1999. It frames the right to legal aid within the context of fair trial guarantees and rule of
law, noting that it is a non-derogable and fundamental human right. It recognises the impact
of other role players in the administration of justice, such as military courts and Traditional
Courts but highlights their potential shortcomings that may deny a person the right to a
fair trial. Other important stakeholders such as lawyers and other human rights defenders
including paralegals are mentioned in the Declaration and the potential harassment they

25
may face in trying to protect the rights of victims.
The Dakar Declaration recognises that ‘most accused and aggrieved persons are unable
to afford legal services due to the high cost of court and professional fees’ and obligates
governments to provide legal assistance to indigent persons to actualise the right to a fair
trial. The Declaration calls on Governments to also encourage contribution of the judiciary,
human rights NGOs and professional associations.
In addition, the Declaration makes several important recommendations. Among others,

it calls for innovations to determine how legal assistance could be extended to indigent
accused persons, including through adequately funded public defender and legal aid
schemes. It also seeks to promote collaborations with Bar Associations and NGOs to
enable the establishment of innovative and additional legal assistance programmes, including
the provision of legal assistance by allowing paralegals to indigent suspects at the pre-
trial stage and pro-bono representation for accused in criminal proceedings. Further, it
recognises the need to protect the rights of victims of crime and abuse of power and their
defenders, which is key to protecting the vulnerable and marginalized.
2.4.2 The Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice
System in Africa 2004
This Declaration is a pronouncement of delegates to a Conference on Legal Aid in Criminal
Justice titled ‘ the Role of Lawyers, Non-Lawyers and other Service Providers in Africa’
that was meant to be an advocacy tool for governments, the African Union and other
stakeholders. Due to its relevance and import, the African Commission formally adopted
it in 2006.7 The United Nations Economic and Social Council too adopted the Lilongwe
Declaration, which is illustrative of the normative value of this Declaration.8
The Declaration links access to justice to due process, a fair hearing and to legal representation.
It also recognises the systems lack of access in Africa to legal aid among the poor. It also
notes the absence of legal advice and assistance in police stations and prisons are absent,
leading to various violations of suspects.
This comprehensive document calls on governments to deliver legal aid to the poor and
vulnerable, especially women and children. Further, it recommends broad and expansive
definitions of Legal aid to include legal advice, assistance, representation, education, and
mechanisms for alternative dispute resolution. The Declaration calls for the participation
of a wide range of actors in the provision of legal aid, including NGOs, CBOs, FBOs,
professional bodies and associations, and academic institutions.
Other areas touched on include: providing legal aid at all stages of the criminal justice process;
recognising the right to redress for violations of human rights; recognising the role of non-
formal means of conflict resolution; diversifying legal aid delivery systems; diversifying legal
aid service providers; encouraging pro-bono provision of legal aid by lawyers; guaranteeing
sustainability of legal aid and Encouraging legal literacy. The Declaration in addition details
an Action Plan of implementation.

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2.4.3 The Kyiv Declaration on the Right to Legal Aid Conference on the Protection
and Promotion of Human Rights through Provision of Legal Services, 2007
This Document is the outcome of a conference of 115 practitioners in 2007; it is meant to
influence among others national governments, legal aid bodies and organisations. It is a far-
reaching document in stating many important principles of access to justice as human rights.
The preamble recognises that citizens of many states are denied access to justice and are
ignorant about their human and legal rights and procedures. It states that justice for all can
only be realised when its rules and operation are understandable and accessible to all, and
that the provision of legal aid is a vital in promoting access to justice.
The preamble also highlights the benefits of legal aid, including elimination of unnecessary
detention, speedy processing of cases, fair and impartial trials and dispute resolution, the
reduction of prison populations, the lowering of appeal rates, decreased reliance on a
range of social services, the advancement of social and economic rights, and greater social
harmony.
The Declaration covers 14 key areas; Recognizing and supporting the right to legal aid in the
justice system: Providing legal aid at all stages of the justice process: Sensitising all government
officials: Viewing legal aid as one means of ensuring a justice system that is accessible and
available to all: Cooperating with other stakeholders and the public: Recognizing the right to
redress for violations of human rights: Recognising the role of non-formal means of conflict
resolution: Diversifying legal aid delivery systems: Diversifying legal aid service providers:
Encouraging pro bono provision of legal aid by lawyers: Guaranteeing sustainability of legal
aid: Promoting legal literacy through legal education and advocacy: Ensuring access to justice
in programmes of assistance to justice systems in developing and transitional countries and:
Guaranteeing a secure environment for the provision of legal aid.
2.4.4 Sustainable Development Goals (SDGs)

During the recently held United Nations Sustainable Development Summit of 25th
September 2015, the 2030 Agenda for Sustainable Development was adopted by world leaders.
In essence, it contains a set of 17 Sustainable Development Goals (SDGs) to end poverty,
fight inequality and injustice, and tackle climate change by 2030.
The Sustainable Development Goals, also known as the Global Goals will build on the
Millennium Development Goals (MDGs) that were adopted in 2000. The SDGs go much further
than the MDGs since they aim at addressing the root causes of poverty and the universal
need for development that works for all people.
Goal 16 of the Sustainable Development Goals is dedicated to the promotion of peaceful

and inclusive societies for sustainable development, the provision of access to justice for all,
and building effective, accountable institutions at all levels. Some of the key targets linked to
this goal with regard to access to justice for the poor, marginalized and vulnerable include:
promoting the rule of law at the national and international levels and ensure equal access
to justice for all; developing effective, accountable and transparent institutions at all levels;
ensuring responsive, inclusive, participatory and representative decision-making at all levels;
ensuring public access to information and protect fundamental freedoms, in accordance
with national legislation and international agreements; and promoting and enforce non-
discriminatory laws and policies for sustainable development.

27
2.5 National Policy Frameworks
2.5.1 The National Development Plan

Uganda is currently implementing its Second National Development Plan, 2010/11 -
2014/15. The Second NDP (NDP II) is the ultimate planning framework for all sectors
in Uganda, and offers overarching principles and priorities for achieving development in
the country. JLOS is identified as an enabling sector. Enabling sectors are understood to
refer to those sectors that ‘provide a conducive environment and framework for efficient
performance of all sectors of the economy’.9
The focus of JLOS as noted in the NDP is on the poor and the marginalized groups.10 To
that end, JLOS has been undertaking reforms around removing barriers to access to justice,
such as case backlog, physical distance, technical barriers, poverty, and lack of access by
women and marginalized groups.
Objective 3 of the NDP III focuses on Enhancing access to “Justice for All”, particularly for
the poor and marginalized. The strategies focus physical access and availability of JLOS
institutions and functions largely on construction and renovations of physical premises as
well as equipping offices and courts in prioritizing hard to reach areas and post conflict areas.
Another strategy is the development of enabling policy and a framework for provision of
legal aid countrywide and the development, implementation and integration of innovative
pilots and low cost model of legal aid including paralegal advisory services, juvenile justice
and use of paralegal services.
However, a criticism of the JLOS SIPs is that despite well-formulated objectives striking
a balance between supply and demand, they tend to address more supply side issues
than demand side.11 Thus the results areas tend to emphasize physical accessibility such
as infrastructure, construction and addressing systemic and institutional bottlenecks, more
than on those accessing the service and their ability to understand and claim rights legal
rights from appropriate dispute mechanisms. In particular, the poor and vulnerable are often
the most challenged in their knowledge of laws, procedures and mechanisms of access. The
involvement of the non-state actors who are a critical link to the demand side has been
viewed as ‘perfunctory’ and ‘vague in its actuation’.12
In response to some of these critiques, JLOS SIP III has made significant reference to these
two issues, and in its ensuing programmatic and policy stance, as will be discussed later.
2.5.2 JLOS Strategic Investment Plan SIP III

JLOS institutions are currently implementing the third strategic investment plan (SIP III)
under the sector wide approach. There is no legal framework in which access to justice is
being pursued, but under JLOS SIP III, a law on Access to Justice Act is envisaged. JLOS since
SIP I in 2000 has focused on how to improve the efficiency, effectiveness, fairness, outreach
and scope of the institutions involved in administering justice and ensuring that it reaches
those most in need, the poor and vulnerable. From SIP I to SIP III, several challenges to the
attainment of sector goals have been registered in various reports and joint reviews with
partners. Civil society organisations working on access to justice issues have attempted to
9
10
11 ,
12

28
work closely on law and order issues with varying degrees of success, and the magnitude of
the demand for justice services is overwhelming.
JLOS SIP III has many far reaching principles, goals and targets to ease access to justice
for all, and in particular, poor and vulnerable. Enhancing Access to Justice for vulnerable
persons is one of 3 outcome areas. The list of who is vulnerable is expansive and includes
the persons whose access to JLOS services is limited by:-
Age; material and knowledge poverty; physical impairment; powerlessness; gender based
barriers and may extend to minority groups; Internally displaced persons; migrants;
children; suspects and prisoners; refugees; persons living with HIV/AIDS; persons with
disability among others.
The outputs under this outcome area are four
. The outputs show a

reasonable balance between the supply and demand side tensions that have plagued the
sector.
Another important strategy of SIP III is to focus on the use of alternative conflict resolution
mechanisms (ADR) in the areas of criminal, commercial, land and family justice) with
emphasis to conflict affected areas of Northern Uganda. The incidence of conflict in
Northern Uganda as well as its gravity and duration has resulted in severe vulnerability
as will be seen, requiring heightened vigilance and sustained measures to redress some
of the extremities that have occurred in the region, aggravating vulnerability, poverty and
marginalisation. The provision of much needed services in the area is essential in ensuring
access to justice for persons seeking to assert their rights in the political, economic and
socio-cultural sphere.
The JLOS strategy on strengthening the capacity of local council courts to ease access to
justice is critical to the poor, vulnerable and marginalized accessing justice at the most basic
unit, the community level. This has the potential to ease case disposal and make justice
physically accessible. However, concerns have persisted since the outset of the establishment
of these courts over their fairness and capacity to administer justice effectively, and this is a
gap that must be plugged in the lifetime of SIP III.
SIP III also focuses on minimising technicalities that hamper access to justice. In particular,
the emphasis on developing a comprehensive information dissemination strategy, simplifying
laws and translating into local languages and strengthening community policing programmes
is critical to empowering rights holders particularly the poor and vulnerable who tend
to be functionally illiterate. The focus on SGBV and building the capacity of capacity of
JLOS institutions and stakeholders to address and fast track cases of Sexual Gender Based
Violence (SGBV) is essential to protect the rights of women suffering from multiple forms
of vulnerability.
The establishment of the Justice Centres of Uganda is a remarkable and significant

development in the realization of access to justice for hitherto unreached groups. Justice
Centres are JLOS initiatives geared at promoting the rights of vulnerable communities

29
through provision of quality human rights based legal aid, legal rights awareness, community
outreach, empowerment and advocacy.13 Services offered to only the most indigent
persons include Legal Advice, Legal representation, Alternative Dispute Resolution (ADR),
Counseling, Legal Awareness, Referrals and a Toll free phone line.
2.6 National Legal Framework
2.6.1 The 1995 Constitution of Uganda

The 1995 Constitution of Uganda has far reaching provisions contained in the Bill of Rights
that guarantee fundamental rights and freedoms for Ugandans. When these rights are
breached, the Constitution provides that for civil and criminal processes, a person shall be
entitled to a fair, speedy and public hearing before an independent and impartial court or
tribunal established by law.14These are important due process guarantees that anchor the
procedural and substantive aspects of access to justice. In respect of persons charged with
an offence that carries a sentence of death or imprisonment for life, the provision of legal
aid in the form of free representation is framed as an entitlement at the expense of the
State.15 Thus the Constitution limits legal aid services for indigent persons to the realm of
criminal law. However, Government of Uganda and JLOS have extended the provision of
legal aid to civil rights, in the form of the Justice Centres.
The Legal Aid Bill is a fundamental document that embraces a paradigmatic shift towards
rights based approaches to justice for the poor, vulnerable and marginalized. It is primarily
made in furtherance of the objective of providing accessible, affordable, sustainable, credible
and accountable legal aid services to indigent persons. The timely passing of the Legal
Aid Bill into law will help to consolidate gains made towards realising access to justice for
vulnerable groups.
2.6.2 The Legal Aid Policy and Draft Bill

The Bill contains provisions covering various areas of relevance to access to justice, including
the determination of who can access legal aid and who can provide it and under what
circumstances. It also addresses the role of important service providers such as civil society
and NGO entities, magistrates, and quite significantly, the involvement of community based
resource persons – paralegals. It also regulates the accreditation of legal aid service providers.
2.6.3 The Children Act, Cap. 59

The Children Act reiterates many of the positive and enabling positions contained in the
CRC. The Children Act provides legal assistance for children in need of care and protection
in conjunction with the Local Councils, one of whom is in charge of children affairs by virtue
of office. On of the functions of this functionary is to protect the properties of orphans
under Section 10(3).
This law also looks at community based resources to give legal assistance to children.
Fit persons have been appointed under the provisions of the Children Act to facilitate
the work of the judiciary for children in conflict with the law. Fit persons are community
based people who are given temporary custody of children under the Children Act as an
alternative to remand or institutionalization for children in conflict with or contact with the
13
14
15

30
law under Section 37 (Removal of a child under emergency protection), 87 (Unfit parents-
during divorce, separation and nullity proceedings) and 91 (children on remand) of the
Children Act.
Organisations like Legal Aid Clinic of the Law Development Centre and the JLOS Justice
for Children initiatives are working with Fit persons to protect children. It is notable that
Sections 37 and 87 relate to children who are at risk of suffering physical or psychological
harm. The applicability of Section 37 is not necessarily linked to a legal process and this is a
good example of assistance being extended as a prelude court related processes or even
totally non-related.
2.6.4 Persons with Disabilities Act of 2006

Uganda ratified the Convention on the Rights of Persons with Disabilities was ratified
by Uganda on 25 September 2008 and its optional protocol, both without reservations.
This Convention contains several far raching provisions on the rights of PWDs. Uganda
also observes the Standard Rules on the Equalisation of Opportunities for Persons with
Disabilities which call for recognition of the overall importance of accessibility in the process
of equalisation of opportunities in society.
The Persons with Disabilities Act defines disability as “a substantial functional limitation of
daily life activities caused by physical, mental or sensory impairment and environmental
barriers resulting in limited participation”. This definition reflects a human rights based
approach that closely resembles the definition of the UN Convention on the Rights of
Persons with Disabilities. A National Policy on Disability buttresses the law. The Act contains
several positive provisions that ensure legal protection and equal opportunities for persons
with disabilities.
Article 14 of the UN Convention on the Rights of Persons with Disabilities 2006 requires
government to ensure effective access to justice for PWDs on an equal basis with others.
This is to be done in various ways including through the provision of procedural and age-
appropriate accommodations with a view to facilitating their effective role as direct and
indirect participants, including as witnesses, in all legal proceedings, including at investigative
and other preliminary stages.
What amounts to reasonable accommodations has been defined in the UN Convention

on the Rights of Persons with Disabilities ‘necessary and appropriate modification and
adjustments not imposing a disproportionate or undue burden, where needed in a particular
case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with
others of all human rights and fundamental freedoms’. There are deep reaching implications
for the obligation on JLOS to ensure access to justice within the meaning of reasonable
accommodation.
Section 25 of the Persons with Disabilities Act prohibits JLOS actors from accessing justice
services, including by refusing to provide the service to the person or by making it impossible
or unreasonably difficult for the person to use the service. The Act in Article 26 and 27
obligates the JLOS law enforcement agents to provide physical accessibility and auxiliary
aid or services to enable a person with a disability to use the service. The Evidence Act
Cap 6 has made accommodations for people with hearing disabilities allowing them to give
evidence in sign language or writing, but this is limited to people with hearing disabilities and
does not cover other types of disabilities such as sight.

31
2.6.5 Pauper Suits under the Civil Procedure Rules

Order 33 of the Civil Procedure Rules, made under the Civil Procedure Act, Cap. 65,
provides for Pauper Suits. It states that “Subject to the following provisions of this Order,
any suit may be instituted by a pauper. For the purposes of this Order a person is a
“pauper” when he or she is not possessed of sufficient means to enable him or her to pay
the fee prescribed by law for the plaint in the suit.” Whereas this is a very useful provision
for enhancing access to justice, the conditions for papuers suits are so stringent that few
people would be able to file such suits without legal assistance. For instance, the pleadings
must be set out as prescribed under the Rules, and the application must be properly signed.
The application must be presented in person, and the court requires evidence of the
applicant’s paupersim. Nonetheless these provisions are useful for LASPs filing civil claims o
behalf of the poor, vulnerable and marginalised.
2.6.6 Other Laws

There are a number of other Acts that have a bearing on access to justice. These are mainly
the Acts that create jurisdication of Courts and other bodies to hear disputes and dispense
justice. They include the Judicature Act, Cap. 12, the Magistrates’ Courts Act, Cap 16 and the
Local Council Courts Act of 2006. It should also be noted that their customary courts and
tribunals dispensing justice that are currently not regulated by any law. The Bataka Courts in
Kagadi are a local initiative to improve access to justice but they too are not regulated. The
Qadi Courts are mentioned in Article 129 (1) (d) of the 1995 Constitution of Uganda but
an Act to define their powers and procedure has never been passed. The manner in which
jurisdiction over various causes is defined and excerised is a crucial element on access to
justice. A further analysis of jurisdiction issues and their role in access to justice is called for.

32
3.0 INVESTIGATING THE LINK BETWEEN POVERTY,

VULNERABILITY AND MARGINALIZATION AND
ACCESS TO JUSTICE IN UGANDA
3.1 Access to Justice – What does it mean?
The United Nations defines Access to Justice as “a process which enables people to
claim and obtain justice remedies through formal or informal institutions of justice, and in
conformity with human rights standards.” 16
To explore the issues relating to poverty, marginalsiation and access to justice, it is important
to delineate the meaning of “justice.” Rawls developed the model of “ ,”
17
encompassing ideas of both freedom and equality. Another way to look at justice is to
perceive it through the eyes of the ‘end-user,’ an approach favoured by institutions such as
the European Union.18 The end-user in this context understands justice as the amount of
fairness that people experience and perceive when they take steps to solve disputes and
grievances. This understanding of justice has also been named bottom-up justice.19
Bedner and Vel of the University of Leiden Van Vollenhoven Institute, in their paper
“An analytical framework for empirical research on Access to Justice”20 suggest a broad
definition of Access to Justice, which takes the perspective of the justice seeker as its point
of departure and looks at the process this justice seeker has to go through to achieve
appropriate redress. The various elements in the definition leave room to see Access to
Justice as a process and not merely as a situation or a goal. This approach is crucial
because it upholds the rights-based approach to programming for access to justice. In their
conceptualisation; access to Justice exists if:
People, notably poor and vulnerable
Suffering from injustices
Have the ability
To make their grievances be listened to
And to obtain proper treatment of their grievances
By state or non-state institutions
Leading to redress of those injustices
On the basis of rules or principles of state law, religious law or customary law
16
17
18
, page i.
19
20 ,

33
In accordance with the rule of law
This is a comprehensive, rights-based definition that is centred on justice seekers’ point

of view and will therefore provide an acceptable standard of analysis in this study. The
emphasis that redress obtained must be in accordance with the rule of law, that is, the
principle of equality before the law, is crucial because some aspects of religious, customary
and even State Law may be discriminatory and exacerbate rather than redress grievances.
3.2 Poverty
Uganda has experienced economic growth in the past two decades, although the trajectory
has not always reflected a smooth course. The Second National Development Plan of
Uganda (NDP II) indicates that the Ugandan economy grew from the implementation
of the Poverty Eradication Action Plan from an average Gross Domestic Product (GDP)
growth rate of 7.2% between 1997/98 and 2000/0 to 6.8% between 2000/01 and 2003/04,
increasing to 8% over the period 2004/05 to 2007/08.21 In 2014 Uganda experienced a
gradual recovery of economic activity, with real GDP growth projected to reach 5.9% in FY
2014/15 from 4.5% growth in FY 2013/14.22
Despite this evidence of economic growth, several challenges have continually confronted
the country, leading to a high incidence of poverty. These include debt crisis, low agricultural
productivity; low human resource development largely reflected in unskilled workers; poor
connective infrastructure; insecurity and armed conflict in various pockets; disasters and
persisting environmental degradation. Malaria is also identified as a leading cause of poverty
and low productivity.23
The various constraints and persistent poverty have had an adverse effect on the quality
of life of many Ugandans as reflected in several poverty and social indicators. The impact
of these challenges to human development affects the majority of Ugandans, but certain
groups are more predisposed to extreme and adverse effects of underdevelopment in a
manner that is deleterious to their welfare and human rights. These are inevitably the poor
and vulnerable who end up being marginalised and disadvantaged in such conditions, and
they more often than not get trapped into a vicious cycle of poverty whose most extreme
form is chronic poverty.
The causal-effect linkages between the situation of poverty and the consequential
limitations on the enjoyment of human rights in various categories of populations at risk will
be discussed in this section. The correlation between poverty and vulnerability leading to
marginalisation will also be established. The underlying tensions between vulnerability and
access to justice for poor and vulnerable groups will be examined, the overarching notion
being that access to justice is the gateway to extending a human rights framework to the
problem of inequality in the political, economic and social-cultural sphere.
In this regard the centrality of access to justice is fundamental as a mechanism for the
possible reversal of some of the most harmful aspects of vulnerability, including victimisation
and chronic poverty. The UN Special Rapporteur on Extreme poverty and Human rights
has acknowledged the importance of access to justice as a ‘fundamental tool for tackling
poverty’, recommending its inclusion as a stand-alone goal or as a target in the post–2015
21
22
23

34
development agenda.24
3.2.1 Poverty, Marginalization and Vulnerability in Uganda

Poverty, marginalization and vulnerability are key factors in assessing the rights and welfare
of citizens. From a human rights perspective, poverty is understood as a multidimensional
phenomenon that includes as one of its components chronic social, political and economic
inequality or ‘a human condition characterized by the sustained or chronic deprivation of
resources, capabilities, choices and power necessary for the enjoyment of an adequate
standard of living and other civil, cultural, economic, political and social rights’.25 Further, the
UN Special Rapporteur on Extreme poverty and Human rights links extreme poverty to
extreme inequality, positing the issue of poverty within a human rights narrative and arguing
that ‘a human rights framework that does not address extreme inequality as one of the
drivers of extreme poverty... is doomed to fail.’26
3.2.2 Poverty trends analysis in Uganda

In the last two decades, Uganda has implemented several sectoral policy and programmatic
interventions and measures in the fight against poverty with some level of success in
the socio-economic sector. This can be deduced from the significant reduction of the
population living below the poverty line from the previous rate of 56% in 199327 to 31%
in 200528 and 24.5% in 200929. The Uganda National Household Survey 2012/13 indicates
that the percentage of the people living in absolute poverty declined by 4.8% points from
the 24.5% reported in 2009/10.30
Nonetheless, 19.7% of Ugandans are poor, which is approximately 6.7 million persons.
Despite recorded decline in poverty, this has not translated in sustained or significant
progress in the general welfare of Ugandans. In Uganda, only two out of the seventeen
MDG targets have been met, with some reversals and stagnancy in key social indicators
such as maternal health, HIV AIDS.31 Uganda ranked Uganda ranked 161st out of 187
countries on the United Nations Development Programme’s Human Development Index
in 2012 in the Low Human Development category.32 In 2014, it ranked 164 out of 187
countries on the Human Development Index.33 The NDP II starkly states that ‘Uganda is
judged
.34 Moreover, approximately 43% of the population risks falling back
into poverty in the event of a shock.35
24 , page 3.
25
26
2015.
27
28
29
30
31
32
33 2014.
34
35
2014.

35
One of the biggest challenges on the poverty landscape is the marked regional inequality,
with the central and western regions being more markedly developed than the other
regions. The following table illustrates the extent and incidence of income inequality at the
regional level over fourteen years, showing a consistent pattern.
Box 1: Comprehensive UNHS 2005/06 and World Bank calculations36
Region/Year 1992/93 1999/00 2002/03 2005/06
National 0.37 0.40 0.43 0.41

Urban 0.33 0.33 0.36 0.43
Rural 0.40 0.43 0.48 0.36
Central 0.40 0.42 0.46 0.42
Eastern 0.33 0.35 0.36 0.35
Northern 0.34 0.34 0.35 0.33
Western 0.32 0.32 0.36 0.34
Data from six years later from the Uganda National Household Survey (UNHS) 2012/13
reveals that little has changed in the regional disparities, with the rural regions being
disproportionately affected by poverty.
Location 2005/06 2009/10 2012/13

Uganda 8.4 7.5 6.7
Residence
Rural 7.9 7.1 6.0
Urban 0.6 0.4 0.7
Region
Central 1.3 0.9 0.4
Eastern 2.5 2.2 2.5
Northern 3.5 2.8 3.1
Western 1.4 1.6 0.7
Box 2 Poor Persons in Millions 2005-2013 (UNHS 2012/13)
36

36
Statistics from the UNHS 2012/13 reveal that the rural areas, which hold about 77% of the
population, constitute 89% of national poverty. The NDP II and UNHS 2012/13 both show
that the greater proportion of the population living under the poverty line is located in the
Northern region, explaining this result as arising from the prolonged insecurity the region
experienced for over 20 years. According to the UNHS 2012/3, poverty incidences remain
highest in the Northern region (44%) and least in the Central region (5.1%). At sub-regional
level, Karamoja in North East dominates with 75% being income poor, followed by West-
Nile (42%) and Mid-North (36%).
The NDPII observes that the mean consumption of the richest area (Kampala) is 2.5 times
that of the poorest area (Northern region). There is a wide gap between poverty rates
in rural areas compared to urban areas i.e. 34% and 14% respectively and greater income
inequality in the urbanised central region.37 In the richer area of central region, the UNHS
2012/13 shows that in the central region more poor people reside in Central II and Mid-
West than in Central I and South West sub-regions.
Similarly, the Uganda Demographic and Health Survey Report of 2011 points out to regional
disparities in the wealth index.38 The statistics show that in urban areas three-quarters of
the population is in the highest wealth quintile compared to only one in nine persons in the
highest wealth quintile in the rural areas. Also significant is the finding that over 90% of the
population in Kampala is in the highest wealth quintile against other regions with 35% or
lower. In Karamoja, eight out of ten households are in the lowest quintile; In North, West
Nile, and Eastern regions, 33% or more of the households are in the lowest quintile.
3.2.3 Understanding the concept of poverty

The definitions of poverty are varied and often tend to be highly contested, depending on
the discipline and perspective39 It has been suggested that in Uganda the scope of poverty
reflects a lower measurement of poverty than usual; ‘
needed for survival.40 Such a perception reveals a grim picture of poverty in Uganda, which
is tagged to survival.
Most poor Ugandans are not only poor, but they are chronically poor. Chronic poverty is
the type that traps households into severe and multi-dimensional poverty and can take on
an intergenerational form to the effect that those born in poverty live in it and bestow it
on their children.41 Similarly, it can also be said that the majority of Ugandans are trapped
in absolute poverty. The World Bank describes absolute poverty lines as being based on a
baseline of basic essentials that households need, and this is contextual.42
37
38 , page 16
39
Levitas, R. (2006) , Bristol, The Policy Press.
40
41
42

37
The United Nations maintains ‘
access to social services’ 43 It is clear that the Ugandan standard of poverty closely mirrors
this definition as will be illustrated below.
Uganda’s Participatory Poverty Assessment (UPPAP) Project Report, 2002 documents

how Ugandans perceive poverty, perceiving it as ‘
material assets to include the absence of social aspects that support life’, some of which
are listed as soap, food, sugar, medicine and freedom from hunger and disease.44
The UPPAP reflects perceptions of Ugandans around the distinction between individual
and community-level poverty. At the personal level, poverty is defined by local people as
‘
and inadequate infrastructure’.45 Thus at individual or household level poverty relates to
disempowerment and helplessness. Community level poverty is seen as lacking benefits
enjoyed in common or collectively, such as basic physical infrastructure and services,
productive assets and social harmony within the community.
Respondents to this study considered poverty variously as including:
the inability of a person to afford the day-to-day needs of life such as food,
clothing, shelter, medical care, and so on;
the highest degree of disempowerment;
having no income and being lonely – not having any famil to identify with
and no means of support.
The definition of poverty matters because not only does it set the standard by which
we determine whether the incomes and living conditions of the poorest in society are
acceptable or not, but also because the definition adopted is essential for determining
questions of fairness. The definition then influences the solutions adopted and actions to
help the poorest.46
Poverty is a dynamic concept as reflected in its various formations or contexts. For example,
officials and social commentators in eighteenth century France distinguished between the
pauvre and the indigent. The former experienced seasonal poverty when crops failed or
demand for casual agricultural labour was low. The latter were permanently poor because
of ill health (physical and mental), accident, age or alcoholism. The central aim of policy was
to support the pauvre in ways that would stop them from becoming indigent.47
Nonetheless, most official definitions of poverty use relative income to measure who is in
poverty; an income threshold is set and those who fall below it are seen to be ‘in poverty’.
43
44
45
46
47

38
The World Bank sets the threshold at $ 1.25 a day,48 and the Uganda Government takes a
similar position. But while this is easy to measure and does provide useful comparisons over
time, it is essentially an arbitrary definition that fails to take into account issues of justice and
fairness which are crucial to this study.
A proposed alternative approach to defining poverty is to look at direct measures of

deprivation rather than using income as a proxy for poverty. Looking at deprivation allows
a wide range of aspects of living standards to be included. Peter Townsend, a renowned
poverty scholar, argued that deprivation should not be seen only in terms of material
deprivation but also in the social exclusion from ‘the ordinary patterns, customs and
activities’ of society.49 This conceptualisation of poverty can assist us to take into account
how the poor are prevented from accessing justice. For instance, residing a long distance
away from services, including formal justice institutions, most of which are in urban centres,
is one way in which the poor are deprived of their rights.
Since poverty is relative, it is important to consider the fact that poverty and material
deprivation are important drivers of stigma and shame. Poor people are often depicted as
‘the other’ through the use of particular language, labels and images about what it means
to be in poverty. For instance, it is telling that in a number of local Ugandan languages, the
word for “poor” is the same as or similar to the word for “lazy.”50 Capitalism’s emphasis
on entrepreneurship and the promise it holds that anyone can become rich if they try hard
enough anomalises poverty and further fuels the stigma of being poor. In addition, media
images may depict poor people as dirty and diseased, in a way that negatively stereotypes
those who are disadvantaged. These factors may create an atmosphere where poverty is
regarded as a moral failing and poor people are blamed for their situation. This in turn
further prevents poor people from seeking and accessing justice when their rights are
violated.
3.3 Drivers and impact of poverty
48
49
50

39
According to the 2nd Uganda Chronic Poverty Report, the factors associated with chronic
poverty include living in a rural area; living in Northern or Western Uganda; having a large
family; having little education or low skills levels; being a member of a female headed
household; being a widow, an orphan, a disabled person or a member of a ‘gap generation
family’ (with children and grandparents but no economically active adults).51
has negative consequences for poor families as income growth cannot

keep pace with the expansion of their households. Chronically poor households were
larger than the national average (6.2 people compared to 5.4. Analysis shows that 1.1%
fewer families would have fallen into poverty between 2005/6 and 2009/10 had their family
not grown. Having a large family may also trap people in poverty because high dependency
ratios make upward mobility more difficult.52
also remains a key determinant of poverty in Uganda and children aged 6-12 in
chronically poor households have fewer years of schooling than other Ugandan children,
despite the introduction of the Universal Primary Education in 1997 and chronically poor
households are less educated. So, labour shortages are not necessarily their key constraint,
but poor education means that incomes are low.53
was found to be a powerful and long term driver of poverty and

chronic poverty in Northern Uganda, with many of the barriers to poverty exit remaining
even now after years of peace. Households in that part of the country are more likely to
be widow-led, contain a disabled person or orphan, be ‘gap generation households’, have
lower levels of education and be more likely to rely on subsistence agriculture. These
factors all make exiting poverty more difficult. Elsewhere in the country many of these
factors affect the population, but in Northern Uganda there are many more households
facing multiple challenges. The study further established that poverty exit is tough if there
are not enough adults able to bring in an income. Therefore, high dependency ratios, where
there are few economically active adults in comparison with the numbers of children and
older people, can push people into poverty and once there, they can become trapped.54
and
nearly two out of three people living in chronic poverty are children. Being an orphan
further increases the likelihood of being chronically poor and even though the proportion
of children who are orphans has declined, nationally two out of ten households contain an
orphan with higher proportions in the northern region.55
The causes of poverty in Uganda are complex and varied, particularly in the case of rural
poverty. Some of the underlying causes include the large size of households, low education
levels and low asset holding.56 The UPAP report of 2002 also notes the absence of social
support, unequal gender relations and geographical isolation as factors leading to poverty
and resulting in isolation and exclusion, powerlessness, deprivation of basic human rights
and a feeling of helplessness to influence the conditions around one.57
51
52
53
54
55
56
57

40
Failure to adopt rights based approaches to development in Uganda also raises the risk of
increasing poverty and further marginalizing the poor and powerless regarding the continuum
of human rights, which are interrelated and indivisible. As in most developing countries,
economic, social and cultural rights in Uganda tend to take on more of a programmatic,
policy and resources narrative rather than as a human rights issue. Despite government
undertaking major investments in socio-economic sectors such as health, education,
infrastructure development including roads among others Uganda has been noted to spend
less than most countries in sub-Saharan Africa on economic and social services.58
These deficiencies in public services expenditure leads to social, economic and cultural
rights being undermined yet they are critical in effecting transformative change for poor,
vulnerable and marginalised groups from an empowerment paradigm. Thus for example,
the disability movement in Uganda has in the past two decades rejected soundly the needs
based and charitable model of development in favour of a rights based approach, in order
to assert their human rights.
3.3.1 Socio-economic drivers of poverty

Handley et al’s examination of poverty in Sub-Saharan Africa distinguishes between
economic drivers and 59
Amongst the socio-economic drivers of
poverty, Handley et al mention risks and vulnerabilities as a key factor that drives poverty.
Poor people, especially those living in rural areas dependant on agriculture and in tropical
ecologies, face more risks than others. These risks include, including harvest failure, market
failure and volatility, conflict, and health shocks. 60 Harvest failure is influenced by Africa’s
geography and agro-ecology (prone to drought and heavy rains), which combine with
inefficient agricultural technologies and inadequate agricultural support, ultimately resulting
in environmental degradation, unmanaged pests and poor access to inputs, which further
increases vulnerability. Harvest failure affects crop-dependent households and the wider
rural economy (including households that are dependent on non-farm income sources) as
well as national well-being and stability. It can have long-term effects as people sell assets
as a coping strategy.61
increase the prevalence of poverty. This is due to the

fact that the poor often do not have enough assets to protect themselves from shocks
resulting from markets. Market volatility is many times driven by international economic
shifts. For instance, the impact of the collapse of coffee prices in the early 2000s affected
many Ugandan households. Moreover, price volatility can also be a poverty driver for urban
and net consumer households as the cost of their basket of goods increases as the price of
key goods like fuel oil rises.62
results in injury, battlefield and civilian deaths, the destruction of household

assets and displacement. It has indirect and long-term poverty impacts by increasing
dependency ratios, resulting from an absence of men and an increase in the proportion of
58
59
60
61
62 Chronic Poverty Research Centre (2004).

41
disabled and elderly, as well as women and children. It destroys public infrastructure and
assets, disrupts livelihoods and reduces savings, undermines law and order and political
processes, and causes social and cultural erosion and dislocation. 63
Sudden or prolonged ill health is one of the main drivers of poverty. It often results in
impoverishment as people are forced to abandon productive activities. The relationship
between ill health and poverty is complex and works in both directions: illness can cause
poverty and poverty can contribute to poor health. In Uganda, poor maternal health is
rampant, with the odds that a woman will die from complications during pregnancy and
childbirth at 1 in 16 – compared with a developed-world rate of 1 in 3800.64 Further
to the problem of maternal health are seasonal conditions (such as diarrhoea, water-
and mosquito-borne diseases) that result in poor health outcomes, and given that they
commonly coincide with the rainy season and therefore the most highly labour-demanding
agricultural season, such illnesses can have broader poverty implications.65 Moreover, HIV/
AIDS has an impact on households’ livelihoods and labour productivity and on the ability
of households and communities to cope. Households affected by HIV/AIDS commonly
have less income, reduced food security and are more vulnerable to other shocks, such
as drought. Dependency ratios (dependents as a proportion of the working population)
in Uganda are partly driven by the HIV/AIDS epidemic, with infection rates at 7.3% as of
2014.66
3.3.2 Political-economic drivers of poverty

With regard to political economic drivers of poverty, it has been observed by scholars
that weak state institutions and governance result in poorly designed and implemented
policies, weak formal institutions and rule of law, inadequate service delivery, and to other
practices that undermine the creation of an enabling environment for wealth creation.67
Such situations also tend to have a lot of corruption, where millions of dollars are diverted
from the public purse into private pockets. This affects economic growth, the delivery of
services, and poverty-reduction.68 The situation is further worsened by the weakness of civil
society. Such weaknesses result from the fact that most people live in the rural areas and
know very little about the world outside their villages. Poor roads and transport links make
it even worse. This creates a society that prioritises local connections (family and clan, tribal,
religious, regional) rather than a shared national identity. It is also difficult for them to relate
to the problems of those hundreds of miles away, or if they do, to organise for change.69
This leads to lack of accountability by the leaders, creating a complex interplay of political
and economic factors that drive poverty.
63
64
65 Handley et al, op cit
66
67
68
69 Handley et al, op cit

42
The conceptualisation of drivers of poverty as both socio-economic and political economic

in nature point to the fact that access to justice is not just because poor people cannot
afford legal services, but also because justice institutions are part of the wider phenomenon
of weak state institutions. Courts are often poorly facilitated,70 creating delays in court
processes, which in turn discourage victims and witnesses from seeking justice. Moreover,
there have been accusations of corruption in the Judiciary, which further alienates the poor
who are under the impression that they cannot receive justice since they cannot afford to
pay bribes.71
3.3.3 Poverty as an absence or lack of capabilities

According to Amartya Sen, another way to think about the causes of poverty is to think
in terms of capabilities. These reflect a person’s freedom or ability to choose the way
(s)he would like to live. They include the capacity to be free from hunger, to become
educated, and to earn a decent living. They are interconnected and mutually reinforcing.
People trapped in persistent poverty tend to experience multiple ‘capability deprivations’
concurrently. That is to say, they are illiterate, have inadequate nutrition, poor human rights,
and insufficient income and livelihood opportunities. Taken as a whole, these factors drive
and maintain their poverty and perpetuate it across generations.72 For instance, in conflict-
affected communities, livelihood and income-generating opportunities are extremely limited;
there are poor living conditions, inadequate provision of public services which lead to poor
health, which in turn affects, among other things, educational outcomes. Poor health and
education levels, combined with insecurity and weak governance, make it difficult to come
out of poverty.
Marginalisation, (also referred to as exclusion) from political, social and economic institutions
is part of a vicious cycle that leads to low capability levels, which in turn reduces the ability
of the people to escape poverty. As mentioned above, exclusion results from various
forms of active discrimination, directed against certain people (e.g. who do not share
ethnicity, religion, or culture of the majority or dominant group). It may be reinforced by
discrimination on the basis of personal characteristics, such as gender, age or impairment.
It has two faces – favouritism of certain groups, and marginalisation of others.73 Because
ethnicity is a key defining characteristic in Uganda and indeed Africa at large, it is normally
the basis for exclusion and accompanying discrimination, and can influence conflict, state
formation, , (our emphasis) political alliances and economic choices.74
Ethno-territoriality (where ethnicity overlaps with territorial claims) plays a central role in
determining wealth and poverty as well as access to resources and political power. For
instance, the study revealed that district formation along ethno-territorial lines has led to
certain groups becoming minorities in particular districts, where they are consequently
marginalised.75
70
71
72
73
74
75

43
76
Low
Few Low
Income
Lack of
Lack of
Poor
Low
Weakness of
Access
3.4 Implications for the poor and vulnerable in terms of access to justice
Poverty leads to vulnerability to external shocks in the economic, social and political system.
These could impact Ugandans in the form of food insecurity, unemployment, poor health,
agricultural production and natural or man made hazards. Extreme forms of poverty have
the risk of stirring up conflict, crime and exploitation of weaker groups in a bid for survival.
Having remedial measures from a policy and programmatic perspective, including provision
of justice, law and order interventions, can best mitigate all these risks.
Poverty places a greater demand for the government to put in place efficient and effect
public services for all citizen but particularly the poor and vulnerable, as their survival and
human development is jeorpadised by high dependency from household members and
reliance on external institutions or actors. The dependency ratio in Uganda is estimated at
119; it is highest in rural areas 129 compared to urban areas 91, and Northern and East
Central have a very high dependence ratio of 134 while Kampala has the lowest at 61.77
Thus, without provision of critical social and economic services by the government, some
households are likely to face multiple forms of vulnerability, such as household categories of
disabled persons, widows and child-headed households.
Uganda’s high population rate carry a lot of significance for the adequacy of services and
resources, and is likely to put a strain on service delivery including in the Justice, Law and
Order Sector. According to the UNHS 2012/13, Uganda’s population size is estimated
to be 34 million, up from 25.3 million in 2002/3. Further, 77% Uganda live in rural areas.
Despite this, JLOS service delivery institutions, non-state actors involved in providing legal
aid, as well as the majority of lawyers, tend to concentrate more in the central region and
urban areas rather than in the regional and rural areas. For example, the UNHS statistics
analyses the availability of police stations in communities. The presence of police stations
in rural is 5.9% compared to 25.1% in urban areas. At the regional level, police stations
availability is rated at 15. 8% Central, 7.8% Eastern, 7.8% northern 7.8 and 9.5% western.78
76 , June 2011
77
78

44
This is but one example of the scarcity of JLOS services where the majority of Ugandans
live.
Conversely as illustrated in the NDP II and UNHS 2013 and UDHS 2011 rates, the poor,
vulnerable and marginalised tend to reside far from urban areas or from the central region
where more services are available. The increasing creation of districts places a demand on
the establishment of JLOS services, and it is a challenge for most legal aid service providers
and JLOS institutions to de-concentrate to each district or beyond the district level, to sub
country and below.
From the above analysis, it is clear that access to justice is a critical human right and
process in ensuring that those locked in chronic poverty have the means to assert their
rights and change their status quo through just, fair and equitable laws and from justice
delivery institutions. It could also be the case in many instances that the best solution for
vulnerable and marginalised groups escaping chronic poverty, exploitation and abuse lays
in legal solutions. Left to their own devices, poor, vulnerable and marginalised people may
opt out of pursuing legal means to promote their welfare or protect themselves, due to
the complexities, costs and distances involved.79 The provision of relevant and responsive
services at all levels as well as the removal of barriers to justice; both de jure and de facto,
are critical to the wellbeing and rights of the poor, vulnerable and marginalised.
3.5 Vulnerability and marginalisation in Uganda: conceptual issues and

regulatory frameworks
According to an Economist scholar Chauduri, poverty is an measure of a household’s
well-being (or lack thereof). It re ects a current state of deprivation, of lacking the resources
or capabilities to satisfy current needs. Vulnerability, on the other hand, may be broadly
construed as an measure of well-being, re ecting not so much how well o a
household currently is, but what its future prospects are.80
What distinguishes the two is the presence of risk–the fact that the level of future well-being
is uncertain. The uncertainty that households face about the future stems from multiple
sources of risk–harvests may fail, food prices may rise, the main income earner of the
household may become ill, etc. If such risks were absent (and the future were certain) there
would be no distinction between ex-ante (vulnerability) and ex-post (poverty) measures of
well-being. Therefore, we can think of vulnerability as the probability or risk today of being
in poverty or to fall into deeper poverty in the future due to disasters or shocks that would
worsen the status quo.81
Chauduri discusses the importance of considering risk and vulnerability in the design and
implementation of social policy. First, he notes that an atemporal (not taking time into
account) or static approach to well-being, if strictly adhered to, is of limited use in thinking
about policy interventions to improve well-being that can only occur in the future. In
practice, poverty assessments are usually expressed in atemporal terms and in this way,
they make assumptions about the extent to which the situation recorded in the poverty
assessment will be reproduced over time. This is not adequate for planning purposes.
79
80
81

45
Hence, looking at vulnerability to poverty, which, by de nition has to be forward-looking,

forces us to acknowledge the assumptions we are making about the poor and to consider
the potential role and e ects of risk.82
Second, a focus on vulnerability to poverty serves to highlight the distinction between ex-
ante poverty prevention interventions and ex-post poverty alleviation interventions. He
utilises a simple public health analogy to make this distinction clear. Just as e orts to combat
a disease outbreak include both treatment of those already a icted as well as preventive
measures directed at those at risk, poverty reduction strategies need to incorporate both
alleviation and prevention e orts.83
The implications of the above for access to justice are that it is not adequate to strategise
only for the poor, but also to take into account issues of vulnerability. Will the current poor
fall further into poverty, thereby further limiting their access to justice? Are their groups
and individuals above the poverty line whose ability to access justice might be affected by
shocks and disasters? Using the analogy above, access to justice interventions must take into
account both present and future. They must not only focus on remedies for those who
seek justice; but also on empowering members of society to know their rights as a means
of mitigating against future injustice and violations.
Who is Vulnerable, to what, and why?
Who? To what? Why?

The poor, Informal workers Economic shocks, Limited
socially excluded health shocks capabilities
Women, people with

Location, position
disabilities, migrants, Natural disasters, climate
Vulnerability minorities, children, change, industrial hazards
in society, sensitive
periods in the life cycle
the elderly, youth
Low social cohesion,

Whole communities, Conflict, unresponsive institutions,,
regions civil unrest poor governance
3.6 Marginalisation
Marginalisation has been defined as “processes by which some groups of people are being
pushed or kept out of the system, or being maintained in a peripheral, disadvantaged
position within that system.” It is a complex process of relegating specific groups of people
to the lower or outer edge of society. Marginalisation pushes these groups of people to the
margin of society economically, politically, culturally and socially; in line with an unwritten,
but nonetheless real, policy of exclusion. In this way, a section of society is denied equal
access to productive resources and avenues for the realization of their productive human
potential and opportunities for utilisation of their full potential and capacity. This shoves the
community to poverty, misery, low wages and livelihood insecurity and uncertainty. Their
upward social mobility is limited. In the political sphere, this process of relegation denies
82
83

46
people equal access to the formal power structure and participation in the decision making
processes; leading to their subordination to and dependence on the economically and
politically dominant groups of society.84
Marginalisation is a multi-layered concept and can take place at different levels. Whole
societies can be marginalized at the global level (for instance, the marginalisation of African
economies in Global Trade) while classes and communities can be marginalised from the
dominant social order. Similarly, ethnic groups, families or individuals can be marginalized
within localities. To a certain extent, marginalization is a shifting phenomenon, linked to
social status. So, individuals or groups might enjoy high social status at one point in time,
but as social change takes place, they lose this status and become marginalized. Similarly,
as life cycle stages change, so might people’s marginalized position. At certain stages of the
life cycle, the risk of marginalization increases or decreases. For example, the marginalized
status of children and youth may decrease as they get older; the marginalized status of
adults may increase as they become elders; the marginalized status of single mothers may
change as their children grow up, and so on.85
Marginalisation can arise because a group speaks a different language, follows different
customs or has differing religious beliefs from the majority community. The marginalised are
relegated because not only because they are poor, but also because they are considered to
be of ‘low’ social status and viewed as being less human than others. Sometimes, marginalised
groups are viewed with hostility and fear. This sense of difference and exclusion leads to
communities not having access to resources and opportunities and makes it difficult for
them to assert their rights. They experience a sense of disadvantage and powerlessness
vis-a-vis more powerful and dominant sections of society, who own land, is wealthy, better
educated and politically powerful.86
Marginalised groups vary in their nature and characteristics and are to be found all over
the world. From indigenous groups in South America and pygmies and albinos in Africa,
to refugees in Europe and untouchables in India, marginalised people are often regarded
as an underclass - unable to access basic material needs, work opportunities, education,
welfare or healthcare - their needs ignored or forgotten by the public. The Global Fund for
Forgotten People also includes the following within its categories of marginalised groups:
People with neglected and often misunderstood diseases (including the

mentally ill. Respondents to the study also mentioned nodding disease
syndrome in northern Uganda as a factor for marginalisation).
Persons with disabilities
The Elderly, lonely and isolated
Children with Parents in Prison
Children Born with Disabilities
84
85
86

47
The homeless87
According to the 2nd Uganda Chronic Poverty Report, the link between marginalisation
and poverty is illustrated by the fact that where individuals or households face overlapping
drivers of poverty, they face deeper problems. People with disabilities, for instance, were
found to face various forms of exclusion, isolation and disregard. Poor women were found
to be especially vulnerable to chronic poverty and had to confront unfair treatment that may
leave them landless or facing other difficulties. Other ‘vulnerable groups’ were identified as
including poor orphans, children of second or third wives in poor households, those acutely
affected by HIV, and the long-term sick.88
Respondents to the study also mentioned island-based communities, who tend to live
isolated lives with little access to amenities and services and may also be regarded as a
marginalised group. Migrant groups such as Asians and Somalis, Albinos, and War returnees
who were former rebels are also marginalised in Uganda.
Marginalisation is a useful concept for identifying those most in need of legal aid and access
to justice, as it seeks to bring into focus the people at the very lowest strata of society,
those who are poor not just because of a lack of income, but because of various individual
and societal factors that conspire to consign them to the outermost margins of society.
In formulating access to justice programmes, a wide conceptualisation of marginalisation
would assist in ensuring that the various marginalised groups such as those described above
are taken into account.
What amounts to vulnerable persons or groups is not always clearly articulated, and it is
easier to list who vulnerable people are than to define them. Some have posited vulnerability
as the flip side of capacity.89
Vulnerability in Uganda is addressed in various frameworks, the most significant being

the Constitution of Uganda. The Constitution in Article 17 (c) makes it a duty for every
Ugandan to protect children and vulnerable persons against any form of abuse, harassment
or ill treatment, and states that laws shall be made to protect orphans and other vulnerable
children. Thus children are specifically singled out as vulnerable groups; the others are not as
well explained. The Orphans and Vulnerable Children Policy sets out to define vulnerability,
describing it as ‘
The Constitution further addresses categories that have become disadvantaged based
on certain characteristics. The State undertakes affirmative action in favour of groups
marginalised on the basis of gender, age, disability or any other reason created by history,
tradition or custom, for the purpose of redressing imbalances that exist against them. The
Constitution envisages laws and the establishment of an Equal Opportunities Commission
to give effect to this provision. The open ended provision of the Constitution in describing
disadvantaged groups – - leaves
87
nd
88 , page 3.
89

48
the door open to defining new and emerging forms of vulnerability for posterity.
The UNHS 2012/13 states that vulnerability is a state of being or likely to be in a risky
situation, where a person is likely to suffer significant physical, emotional or mental
harm that may result in their human rights not being fulfilled.90 Vulnerability is linked to
structural problems that disempower certain social groups and categories of populations,
rendering them exposed to certain hazards. Some of the underlying problems or root
causes encompass inequality and discrimination, inadequate access to resources and poor
governance.91
The Uganda Vision 2040 focuses on the need to provide assistance to certain categories of
people; those who are vulnerable due to age, social class, location, disability, gender, disaster
or do lack of income, listing also orphans, vulnerable youths, the destitute and PWDs.92
JLOS SIP III whose vision is ‘Justice for All’ reflects a policy shift that seeks to broaden access
to justice and among other things, enhance JLOS services with due emphasis accorded
to the poor and marginalized groups. One of its values is ‘Growth and equity in service
provision’ aiming to remove the gender, age, social and geographical disparities among
JLOS beneficiaries. This has direct implications and benefits for the poor, vulnerable and
marginalized in Uganda.
Within this, the development and funding of special programs to target gender, age, poverty
and other forms of vulnerability is highlighted, focusing on areas of importance to vulnerable
and marginalized groups such as land justice, family justice, transitional justice and age and
Gender justice, poverty and other forms of vulnerability. However, it must be noted that
SIP III does not attempt to define vulnerability or its characteristics, and to date has no
comprehensive baseline study on vulnerable and marginalized groups in order to map them
and plan, resource for and implement in this area.
The failure to clearly define who the vulnerable are is evident in the indicators developed
under SIP III Outcome 2 -Access to JLOS Services particularly for vulnerable persons
enhanced. The focus is on increased completion rates of cases, increased JLOS institutional
services, capital offenders and reduction in transaction lead-time including services to women
and children. All these indicate the JLOS proclivity towards supply side domination, and less
emphasis on increasing the of the vulnerable groups to access these services.
3.7 Causes and effects of vulnerability and marginalization in Uganda

Vulnerability can arise out of environmental social and economic constructions e.g.
geographic location, numeric composition (minorities), historical developments or out of
natural circumstances such as those relating to age, gender or disability. Poverty is also
highlighted as a vulnerability factor; the NDP II estimates that there are about 7 million
Ugandans are trapped in chronic poverty, leading to vulnerability.
Characteristics or risk factors that may predispose people to vulnerability include disability,
social origin age, ethnicity, gender, poverty, geographical location, numeric status or other
identity. Both the NDP II and UNHS 2012/13 refer to social vulnerabilities drawing from
90
91
92

49
characteristics of age, disability, unemployment and ethnic minorities. Thus the socio
economic, political and cultural environment may have a bearing on vulnerability, either
increasing or decreasing its impact and incidence.
Box 3 The UPAP Report, 2002 categorisation of populations prone to vulnerability to poverty
The landless who sell their labour, women especially widows, widowers who have
many children to look after, those with large families, orphans and abandoned children,
the chronically sick, the elderly, the youth who are jobless, the internally displaced,
refugees and those living in areas prone to natural disasters such as earthquakes and
landslides, the poorest, the illiterate, the elderly and certain minority groups.
As with vulnerability, there is no global definition on what amounts to marginalisation. The

United Nations Education and Scientific Cooperation Organisation (UNESCO) has defined
marginalisation as occurring when ‘
.’
UNESCO also links marginalisation as a cause of disadvantage, and refers to these concepts
as “ ”93 and ‘ 94
The Equal Opportunities Commission extends its mandate to groups marginalized on the
basis of sex, race, colour, ethnic origin, tribe, creed, religion, social or economic standing,
political opinion, disability, gender, age or any other reason created by history, tradition
or custom. It stands to reason that the act of marginalisation is what triggers the status of
being marginalised, and so the acts, practices, polices and actions of other actors in relation
to such groups must be carefully analysed, as well as their impact on the targeted group.
The Orphans and Vulnerable Children (OVC) Policy defines marginalized groups as ‘persons
The Policy identifies

poverty as a structural barrier to the enjoyment of basic human rights and security for
children.
Vulnerability and marginalistion have a deleterious effect on the quality of life enjoyed
by a person, and their externally diminished status quo as rights holders having a right to
justice mechanisms. In terms of access to justice, such victimised persons may fail to view
themselves or be viewed as persons having equal status before the law or claiming equal
protection from the law. In addition, it is more often the case that the legal frameworks as
well as justice institutions will be blind to their needs and more responsive to mainstream
groups.
3.8 Implications for access to justice in Uganda

Vulnerability causes helplessness, disempowerment and victimization in affected populations.
If these vulnerable marginalised individuals or populations are not poor, they can leverage
themselves better through tools such as education, employment and participation in public
93
94
2015).

50
life and governance processes to address their lot as individuals or a collective. However,
as happens in most situations, poverty, vulnerability and marginalisation in Uganda tend to
be inextricably linked, and arise out of systemic factors rather than as accidents of fate. For
example, the Ministry of Finance, Planning and Economic Development noted in its poverty
profile in 1997 that children, elderly women, and people from large households form the
majority of the chronically poor, 95yet they also fall under vulnerable groups. In 2014, the
pattern remained consistent; the categories that were considered as vulnerable of falling
into poverty were the elderly, children and those with disabilities. 96
The individuals and groups that fall in these unfortunate categories face structural barriers
to inclusion, participation and equal treatment and do not often benefit from development
dividends. They are often victims of discrimination, abuse, exploitation and neglect in the
private and private sphere, and lack the capacity to enforce their rights through meaningful
remedies. In the absence of proactive measures by government to extend public services
to these affected groups, their plight is more likely to worsen, due to social and income
inequality. The JLOS institutions are mandated to ensure equitable treatment and ensure
justice for all; this requires special measures, interventions and planning to identify and reach
the poor, vulnerable and marginalised.
The following section looks at the major categories of vulnerable and marginalised groups
in Uganda who require strategic support in order to realise their right to access justice to
assert their socio-economic, political and cultural rights. This is more so important, as the
vulnerable groups experience different forms of disadvantage, exclusion and marginalization.
The following groups have been identified as vulnerable groups by various research studies
undertaken on poverty in Uganda, 97 but the list is by no means exclusive.
3.9.1 Children
Children in Uganda constitute 59% of the population98 and were two thirds of the chronically
poor population in Uganda as at 2005.99 Child poverty in Uganda is rated at 55% for under-
95
96
97
98
99

51
fives, and 38% for 6-17 year olds.100 Child poverty is not measured in terms of income
poverty, but is based on poverty indicators based on deprivations of rights contained in the
UN Convention on the Rights of the Child. In their own words, children view deprivation
of the certain rights as poverty e.g lack of education, hunger, violence and poor health’.101
As a result of their tender years, children are recognised as a vulnerable group, who face the
risk of having their development stunted due to abuse, neglect and exploitation. However,
even determining who is a child has plagued many justice institutions in charge of childcare
and protection; this is largely attributable to the fact that slightly above 10% of Ugandan
children had birth certificates as at 2005.102
Too often, poor and vulnerable children are more victimized by the legal systems than
protected and cared for. In particular, the street children, abandoned and homeless children,
children involved hazardous forms of labour and sexual exploitation, children in domestic
work end up being victimized and treated as children in conflict with the law.103 The reasons
for increased presence of homeless children springs from conflict, poverty, the HIV/AIDS
epidemic, lack of basic services in homes of origin and the search for work.104 One of the
single largest categories of vulnerable children is working children, who form 40% of the
children aged 5-15 years.105
Studies trace the influx of many of these children from the prolonged conflict in northern
Uganda and the forced disarmament operations in the remote northern Karamoja region.
The prolonged effects of these hardships have resulted in poor development indicators
around health, education, livelihoods and food security, driving children from the regions
to the streets of Kampala.106 Children from internally displaced populations as a result
of natural or human made disasters face several forms of vulnerabilities, as well as child
refugees.
The UNHS 2012/13 figures indicate that 1.1 million out of 7.2 million households had at
least an orphan, constituting about 16% of all households. Orphan hood remains a big cause
of vulnerability in children. The Poverty Status Report, 2014 reiterates this concern, noting
that these children face multiple deprivations from an early stage, including malnutrition, lack
of health care and education among others.107
Box 4 The OVC Policy categorisation of vulnerable children
Children affected by armed conflict, Children abused or neglected, Children in conflict

with the law, Children affected by HIV/AIDS or other diseases, Children in need
of alternative family care, Children affected by disability, Children in ‘hard-to-reach’
areas Children living under the worst forms of labour and Children living on the streets.
100 page 4
101
102
103
uganda
104
105
106
107
52
The Constitution of the Republic of Uganda (1995) recognises children’s rights under Article
34, and that children are substantive rights holders. The Children Act Cap 59 buttresses the
Constitutional provision. The Children Act upholds the welfare principle as being paramount
in determining the best interests of the child. It addresses the position of children in conflict
with the law, putting in place mechanisms for childcare and protection such as Family and
Children’s Courts, Probation services, approved homes, a national rehabilitation centre and
the Local Council Courts. However in practice, the local council courts which under the
Children Act play a primary role in child justice have not been optimally operational in terms
of capacity and effectiveness and there has been undue delay to elect LCI and II Courts,
creating a gap between the and enjoyment of rights. The Constitution
of Uganda refers to orphans and other vulnerable children. The OVC Policy expands the
details of these ‘others’ as explained in Box 4 above.
Efforts are underway to reform the Children Act through an amendment bill in order to
rectify some of the gaps that relate to child protection. Concerns have arisen over the
adequacy of protection of vulnerable children, many of whom are believed to be victims of
modern day slavery and trafficking. Other reforms proposed include prohibition of corporal
punishment in the home, rights to privacy, registration at birth, legal representation in court,
access to information and freedom of expression. 108
Other laws that touch on children’s rights include the National Youth Council Act (2003)
and the Succession Act (1964). There is also a Child Labour policy that addresses the
urgency of eliminating the worst forms of child labour. The JLOS SIP III identifies children as
a vulnerable group and is cognizant of the often-fragmented services that children receive
at the institutional level and the over focus on children in conflict with the law over other
children in need of care and protection. SIP III also identifies vulnerable children as those
at risk of victimization and children accessing legal services for matters of determining
inheritance and parental custody, guardianship and other legal processes.
One of the innovations under SIP III is an undertaking to establish 3 one-stop centres for
children services. In furtherance of this approach, JLOS established in 2011 a progressive
programme for child friendly approaches to justice, known as the Justice for Children (J4C)
Programme, to actualize the child justice indicators contained in SIP III and institutional
SIPs for those addressing child justice issues. The Justice for Children programme has
been implemented in the sixteen District Chain-linked Committees involved in the J4C
Programme. J4C seeks to improve access to justice for children, through legislation/policy,
capacity development of stakeholders and targeted support to key institutions within and
outside the sector.109
Fit persons110 have been appointed under the provisions of the Children’s Act to facilitate
the work of the judiciary for children in conflict with the law, and many JLOS institutions
have adopted this approach of working with community based resources. Children who
go through the criminal justice system as having broken a law face extreme challenges.
These include lack of remand facilities for children only, lack of Child and Family Protection
Unit officials well versed in child friendly approaches, inadequate supervision by probation
offices, who are grossly overburdened with work, and lack of child friendly court structures
108
109 2012.
110

53
personnel and equipment in the Family and Children courts. Legal aid for children in conflict
with the law is very limited, as most NGOs involved in legal aid cater more to child victims.
3.9.2 Older persons

Older persons in Uganda are men and women who are over 60 years. The Constitution
identifies age when prohibiting discrimination, and undertakes affirmative action for groups
that are marginalised due to age (Article 32). According to the Uganda National Household
Survey 2008/9 there were 1.3 million old persons in 2008111 and the UNHS 2012/13 shows
that older persons have increased by 0.5% since 2009/10 to 1.6 million forming 5% of the
population.
It is not a given that every older person is vulnerable. In terms of social protection measures,
Ministry of Gender, Labour and Social Development is undertaking programmes to primarily
target households of older persons over 65 years that suffer from chronic poverty (except
Karamoja which has a lower age of 60) with a view to eventually universally extending them
to all older persons.112 The grants under the Expanding Social Protection Programme target
older persons who are highly vulnerable to poverty due to reduced capacity for work. Thus
it would seem, based on a prioritisation of needs, that chronic poverty is the key indicator
of vulnerability in older persons.113
It is to be noted that at least 8% of the older persons have never been to school, with
females constituting 68% of this figure. This has implications for their levels of income
generation and employment for the most part, as most of the non-educated persons tend
to be self-employed and so cannot draw a pension. Thus the majority of older persons in
Uganda do not have the luxury of retirement from physically demanding work. Research
shows that many older people do not opt out of work to escape poverty.114 Older persons
continue to work beyond sixty years: 75% of the older persons are heads of households
with males constituting 93 percent % of this figure. The UNHS 2012/13 statistics show
that 82% older men and 87.6% older women aged beyond 60 are employed in agriculture.
Likewise, 86.7% older men and 81.8% women are still economically employed.115 Only 7.1%
of the old persons had access to pension in 2008, 60% of them male.116
Since older persons may not have opportunities or capacity to be engaged in gainful
employment, their dependency increases. When required support is non-existent or
limited, their survival is threatened hence vulnerability. A Mini Participatory Poverty appraisal
conducted by the Ministry of Finance in Bushenyi revealed some challenges faced by older
persons, such as lack of land, food and collateral to get loans; care responsibilities for
orphaned grandchildren; disabilities and lack of access to Government services such as
NAADS.117
Most of the interventions by the Ministry of Gender, Labour and Social Development in place
111
112
113 Chronic Poverty Research Centre Policy Brief
114
115
116
117

54
for older persons focus more on the social protection aspects. Studies show that in the case
of older women, particularly widows, certain challenges to their rights are prevalent. The
Older Persons Policy reveals that 75% of women aged 60 years and above are widowed
compared to 23% of men in the same age category yet widows face marginalisation in the
form of access, ownership and control over household property.
Older persons in Uganda are respected as a result of their age, and end up being involved
in conflict resolution, sometimes to their detriment as they are dragged into disputes in
court or at police stations. Older persons also face abuse and exploitation from relatives
and friends seeking to take advantage of their diminishing capacity. Government reports
indicate that this abuse is physical (violence), sexual, psychological and socio-economic
violations such as land grabbing.118 Wife inheritance is also an insidious cultural practice
that widows are exposed to. Also, when spouses of older women marry younger women,
older women are faced with expulsion from the home and domestic violence119 as well as
discrimination before traditional dispute resolution mechanisms or Local Council Courts.120
Older persons who suffer from HIV and other illnesses often face discrimination and lack
of adequate caregiving.
In terms of the framework for their protection, under the Constitution of Uganda, the
National Objectives and Directive Principles of State Policy (VII) undertake to ensure the
protection of the aged and to make reasonable provision for their welfare and maintenance.
There is a National Policy For Older Persons in place and National Plan of Action for
Older Persons (2011/12-2015/16). The Policy highlights the challenges posed by old age,
including limited employment opportunities, failure to obtain pension, food security and
nutrition, health, HIV and AIDs, water and sanitation, shelter, conflicts and emergencies
and accessibility. The Policy takes note of the gendered challenges pertaining to old age,
highlighting the plight of older women. While the Policy states that legislation will be rights
based, there is to date no law specifically on the rights and protection of older persons.
The Ministry of Gender, Labour and Social Development has put in place some initiatives
to protect older persons. The National Strategic Programme Plans of Interventions for
Orphans and Other Vulnerable Children 2005/6-2009/10 and 2011/12 – 2015/16
respectively included children from vulnerable households, in their definitions of vulnerable
groups and viewed them as households headed by older persons.121
The Cash Transfer Scheme is a key programme targeting older persons as part of the most
vulnerable households in chronic poverty conditions, under the Social Assistance Grants for
Empowerment (SAGE). Additionally, there is in place a senior Citizens Grant programme
that is being implemented in 15 districts which also targets older persons.122 The Ministry of
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119
120
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Gender, Labour and Social Development in addition operates a Vulnerable Family Support
Grant whose objectives are to raise the status of low-income capacity households due to
various factors including old age.
3.9.3 Women
Pervasive gender inequalities in all sectors of life based on unequal power relations predispose
women to vulnerability at any given point in time. There are several categories of women
that display characteristics of vulnerability and often face victimisation and marginalisation,
based on socio-economic and cultural constraints that they face. Particularly vulnerable
women are PWDs, widows, older women, especially those in “generation gap” families
who have to look after grandchildren, and women prisoners including those who are jailed
for civil debt, suspects and convicts. Among this category, pregnant women prisoners face
unique hardhships.
Women’s rights are marginalised by several factors, which manifest in discrimination

against women. Harmful traditional and cultural practices and the social construction
of gender roles in society tend to relegate women to a subordinate status, and this
disempowerment is evident at the national, community and family level and in the private
and public spheres. Female victims of domestic violence and gender based violence often fail
to obtain meaningful remedies in the public sphere and particularly in the JLOS institutions
like the Police, due gender and cultural stereotypes. These institutionalised patriarchal
responses act as barriers to accessing justice for vulnerable women.
Women face barriers to accessing justice, due to many existing laws that are either
gender neutral or discriminatory. In the area of property ownership including land and in the
personal status laws relating to marriage, divorce and adultery, domestic violence and sexual
offences, women continue to face gender related barriers. Women form the majority of
the illiterate population and find it hard to access justice institutions and mechanisms for
fear of the technicalities, complexities and costs involved. Within the traditional justice and
informal justice mechanisms, women are subjected to the same patriarchal norms that
reinforce inequalities and violence.
High levels of poverty are evidenced more among women than men. The Poverty Status
Report, 2014 states that women are vulnerable to poverty.123 The patterns of inheritance
that favour male ownership of property and title means that women rarely own property in
their own right and this increases their dependency on male relatives, spouses and partners.
Widows and girls in Uganda are systematically denied inheritance rights, which have been
linked to their impoverishment.124 In various social indicators, statistics indicate inequalities
between men and women in the same category, e.g 38% of female headed households have
no formal education compared to 10.2% male households, 35% of the males in Uganda
were involved in wage employment compared to only 27% of the female counterparts,
ownership of owner occupied house in urban areas is 31.0% for men and 26.8% for women
and 36% of male headed households owned land in urban areas compared to 23% of
female headed households in both urban and rural areas. 125
123
124
The
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The feminisation of poverty is a stark reality in Uganda, where women form the majority of
the poor and vulnerable. Over 56% of the female-headed households had either widowed
or divorced heads. 12% of the households in Uganda were headed by widows mostly in
the North East (19%). Poverty was highest among the divorced female heads of households
and widow headed households at 7%.
These findings show a group that is burdened by multiple roles, responsibilities and identities
that require significant resources and status to make meaningful decisions and actions, yet
gender relations have relegated a lower status to women in Uganda. This raises the risk of
such women being exposed to multiple forms of vulnerability and disadvantage that puts
them at risk. Women are burdened by significant gender roles that apportion the burden
of work disproportionately to them, e.g. in the UNHS 2012/13, 78% of the household
members who fell sick reported being given care by adult female, and the survey noted that
two thirds of the women in the households collect water and firewood.
The UN Committee on the Elimination of Discrimination Against Women has expressed

concern for the disadvantaged women in rural and remote areas who face challenges
of poverty, illiteracy and constraints in accessing various health and social services. 126 In
the rural areas where custom, tradition and patriarchal norms are stronger, women are
prevented from inheriting or acquiring properties including land, based on discriminatory
grounds.
With regard to the Framework for protection of women’s rights and promotion of gender
equality, it can be said that Uganda ratified the UN Convention on the Elimination of all
forms of Discrimination against women and the Maputo Protocol on the Rights of Women
in Africa, but is yet to make a comprehensive law on the rights of women. The delay of the
passage of the Marriage and Divorce has created a gap in the protection of women’s rights
and constitutional protections guaranteed for women, including elderly women, widows
and the girl child.
The Constitution contains provisions that call for gender balance and fair representation
of marginalised groups, and it is cognizance of the role that women play in Uganda.
Discrimination based on sex is prohibited in the Constitution and women are guaranteed
rights on an equal footing as men. As a marginalised group based on gender, women
are entitled to affirmative action. Further, the Constitution undertakes to provide facilities
and opportunities to enhance the welfare of women to enable them to realise their full
potential and advancement. Also, the Constitution prohibits Laws, cultures, customs or
traditions which are against the dignity, welfare or interest of women or which undermine
their status, are prohibited by this Constitution. All these provisions are quite progressive in
promoting the rights and welfare of women.
The National Gender Policy 2007 emphasises the need to develop strategies for designing
and implementing programmes to improve women and men’s access to justice, although
it does not clarify who who vulnerable women are. The Policy seeks to prioritise gender
inequality in access to justice.
There are other laws in place to protect women, such as the Domestic Violence act.
Amendments have been made to the Penal Code Act to strengthen sanctions against
aggravated defilement and rape. The Land (Amendment) Act 2004 contains provisions
that facilitate women to attain an interest in matrimonial land by requiring spousal consent
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before any transactions on such land. Amendments to the Succession (Amendment) Bill
2011 have been proposed to strengthen the rights of widows to inherit property. However,
challenges remain over strong cultural norms that make protection of vulnerable women
and girls illusory in Uganda.
3.9.4 Persons with disabilities (PWDs)

In Uganda, the incidence of persons over five years old and suffering from one form or
another of disability is estimated at 19%, with difficulties in seeing, walking or climbing stairs
registered as the most common. 127 There is not much available data on PWDs, which is a
persistent problem.
The marginalisation and exclusion of PWDs in Uganda has been well documented in studies
by Disabled Peoples Organisations (DPOs) and other institutions.128 The discrimination of
PWDs is both and , causing this population to face great vulnerability in the
private and public sector. PWDs are largely marginalised in Uganda and not withstanding
the existing disability legislative framework, very few legal provisions are implemented and
translated into real programmes and actions. This means that PWDs continue to face
diverse social and physical barriers, which restrict their full participation in society and the
realisation of their rights.
PWDs face challenges of physical access to schools, work places, roads, public and private
facilities, while those with sight and hearing disabilities similarly face due to failure to make
reasonable accommodations for them. Within the educational sector, there are countless
stories of pupils and students who can’t access school’s facilities due to disability unfriendly
structures, facilitation methods and equipment. Children with physical disabilities often end
up in special schools on an exclusionary basis and register high drop out rates.
As a consequence, PWDs are less likely to receive education, access health care services,
travel, or exercise their right to benefit from employment. This translates into illiteracy,
poverty, discrimination, segregation, poor health and a heavier burden of care for otherwise
would-be self-reliant persons. The situation of women with physical disabilities is even
worse because of the double burden imposed by gender disparities and disability-related
discrimination.
Women with disabilities: Women with disabilities face multiple forms of

discrimination, including denial of health and reproductive health services,
sexual assaults and violence and abandonment by fathers of their children.
Reports by human rights observers revealed that that for example in during
the conflict in Northern Uganda and in its aftermath, women with disabilities
were among the most affected, being subjected to social stigma, isolation,
abandonment and discrimination as well as sexual violence and yet they
were denied access to justice.129
127
128
129
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Children with disabilities: Children with disabilities are estimated at 13%

or 2.5 million in Uganda.130 Children with disabilities are usually at risk of
abandonment, isolation, abuse, neglect and exploitation in various forms.
Children with disabilities face discrimination in the health and education
system and have their human rights abused or violated. The same challenges
that apply to disabled adults and non disabled children in the Justice system
apply to children, with the added disadvantage that children under civil law
procedure lack individual agency and must be represented by a ‘next friend’
or legal representative, further contributing to their marginalisation and non
participation in legal procedures affecting them. Thus, children with disabilities
face multiple forms of marginalisation.
PWDs in Uganda face the general challenges that Ugandans face due to systemic constraints
in the Justice delivery system, but in addition, they face physical and non physical barriers
that render them more vulnerable as a result of exclusionary or disabling physical and
attitudinal barriers. For example, while SIP III has laid emphasis on increasing awareness
on laws and policies affecting the rights of citizens through legal education, it is unlikely that
the information and communication materials being developed as well as presentations in
various print and electronic media have taken into account the need for disability friendly
formats for the sight disabled. Neither do most non-state actor providing legal aid meet
the needs of this category. This automatically limits the ability of PWDs to increase their
understanding of the laws relating to them on an equal basis with other citizens.
Article 14 of the UN Convention on the Rights of Persons with Disabilities 2006 requires
government to ensure effective access to justice for PWDs on an equal basis with others.
This is to be done in various ways including through the provision of procedural and age-
appropriate accommodations with a view to facilitating their effective role as direct and
indirect participants including as witnesses, in all legal proceedings, including at investigative
and other preliminary stages.
What amounts to reasonable accommodations has been defined in the UN Convention

on the Rights of Persons with Disabilities ‘necessary and appropriate modification and
adjustments not imposing a disproportionate or undue burden, where needed in a
particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal
basis with others of all human rights and fundamental freedoms’. There are deep reaching
implications for the obligation on JLOS institutions to ensure access to justice within the
meaning of reasonable accommodation. In fact, the right of PWDs to access justice has
been interpreted in other jurisdictions to create a right to legal aid.131
PWDs face de jure discrimination through disabling legal frameworks that deny them justice
as persons before the law and as legal persons despite constitutional guarantees to that
effect. There are laws that prevent certain categories of PWDs from being elected to
Parliament, to be appointed and hold positions in financial institutions of national These
provisions are contained in the Constitution under Article 80 (2) (a), the Presidential
Elections Act, Article 4 (4) (a) or other government structures and to participate in legal
130
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proceedings as lay personnel.132
Other discriminatory provisions include those regulating the appointment of a manager

for the estate of persons with a mental or intellectual disability or writing a will under the
Succession Act. In civil matters, PWDs with mental health disabilities are not viewed as legal
persons before the law, denying them a fundamental human right to access justice. For many
people with speech and language disabilities, effective communication in the JLOS system
requires the services of an intermediary translator to facilitate two-way communication.
This is not usually provided in good time, resulting in miscarriages or denial of justice.
For example, there have been an unconscionably high number of people with hearing
disabilities who have been remanded due to failure to get the services of sign and language
interpretation.133
The National Council on Disability has observed the increase in access to justice services
for PWDs through increased information sharing, advocacy and sensitization. Indeed this is
borne out by reports that link increased information sharing to increased access to justice
centres e.g PWDs seeking services of Justice Centres increased to 883 (424 female and 459
male) from 135 (23 female and 112 male) in 2013/14.134 This is attributable to sensitisation
campaigns, seminars and workshops at the community level in some regions.135 Also noted
by the National Council of Disability is the provision arbitration services by the Rehabilitation
and Probation Officers and where necessary, referral to police or courts of law. However,
there is no clear data on how these services are effective, nor the scope in terms of cases
handled and number of people reached and at which level.
In terms of the Framework for protection of the rights of PWDs, Uganda ratified the
Convention on the Rights of Persons with Disabilities on 25 September 2008 and its
optional protocol, both without reservations. This Convention contains several positive
provisions on the rights of PWDs. Uganda also observes the Standard Rules on the
Equalisation of Opportunities for Persons with Disabilities which call for recognition of the
overall importance of accessibility in the process of equalisation of opportunities in society.
The Persons with Disabilities Act 2006 of Uganda defines disability as ‘
’. This definition reflects human

rights based approach that closely resembles the definition of the UN Convention on the
Rights of Persons with Disabilities. A National Policy on Disability buttresses the law. The
Act contains several positive provisions that ensure legal protection and equal opportunities
PWDs.
Article 13 (2) of the Convention enjoins States to promote appropriate training for those
working in the field of administration of justice, including police and prison staff. Section
25 of the PWD Act prohibits JLOS actors from denying PWDs access to justice services,
including by refusing to provide the service to the person or by making it impossible or
unreasonably difficult for the person to use the service. Article 26 and 27 of the Act
obligate the JLOS law enforcement agents to provide physical accessibility and auxiliary aid
or services to enable a person with a disability to use the service. However, compliance
132
133
134
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with these legal provisions remains problematic.
While the Evidence Act has made accommodations for people with hearing disabilities
allowing them to give evidence in sign language or writing, little else has been done to
accommodate the participation of PWDs as complainants, defendants, witnesses and even
lawyers. Number 2 of the Assessors Rules under the Trial on Indictment Act even prevents
their participation as assessors in criminal proceedings, denying them a right to participate
in civic duties.
3.9.5 Youth
The National Youth Policy defines the youth as young persons, female and male aged 12
to 30 years. The Uganda National Household Survey 2009/2010 established that youths
constituted 48% (7,310,386 people) of the population in 2008. Updated statistics show
that in 2013, 6.5 million (21.3%) Ugandans were aged between 18 to 30 years.
The youth are a significant majority. Youths stand on the cusp of childhood and adulthood
and are an important human development resource for the country. The youth play a
critical role in the socio-economic dynamics of the country, as the labour force and budding
entrepreneurs, as socially and politically conscious persons and key players in development
processes. However, apart from the education and sports sector, few development
strategies are designed to improve their capacities and skills base.
One of the biggest challenges faced by the youth is that of lack of employment. This is
a priority issue that is related to poverty and vulnerability, as 12% of Ugandan youth are
chronically poor.136 There are few employment opportunities for the youth, whether in
the informal or formal sector, leading to high employment rates. Unemployment rates are
higher in females aged 18- 24 at 27%, more than in males at 9% in the same age.137 Overall,
83% of the youth lacked employment in 2008.138 Youth are also caught up in vulnerable
employment characterised by low pay, low utilisation of skills and job insecurity. Many
youths have failed to create wealth and job opportunities due to lack of enabling financial
climates or opportunities for loans to make meaningful investment. The lack of land means
that they lack collateral and lack capacity to engage in agricultural produce.139
While the ideal is for youths to be educated and develop their mental capacities and
skills profiles, many poor youths fail to obtain an education or drop out of school due to
poverty related issues. Those youths with poor to no education enter the informal sector
to survive; In 2011, about 95% of youth in non-farm enterprises were employed in the
informal sector.140.
Some young people become engaged in adolescent sex and early marriage, and unsafe
practices in intimate relationships also raise the risk of HIV. Young women are vulnerable
to HIV due to their inability to negotiate safe sex and teenage pregnancy is prevalent. In
136
page 31.
137
138
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one study, the youth accounted for 11% with females more than affected than males 6%
(65) as compared to 4.5% (51).141Young mothers and young girls in intimate relationships
are often are exposed to domestic violence and abandonment of children, causing them to
suffer multiple forms of vulnerability including poverty. Access to sexual and reproductive
rights becomes a challenge in the absence of comprehensive services.
Failure to obtain a means of livelihood through existing employment channels in the youth
not only increases dependency but also can trap the youth into chronic poverty and absolute
poverty; this in turn increases their resort to alcohol and crime to sustain them. Due to
these challenges, youths lack the means to afford legal representation in civil or criminal
justice cases when their rights are violated or at stake. The National Youth Policy at 2001
noted that 63% of in-mates are youth who are characterized as street youth, sex workers,
drug addicts, orphans and disadvantaged youth fending for themselves and younger siblings.
With regard to the Framework for protection of youth’s rights, the National Youth Policy
is cognisant of the status of youth as a vulnerable one, describing it as
passage from adolescent to full adulthood’. This process requires a multidimensional

approach to ensuring personal security and development of the youth. It underscores the
need for equity in opportunities and gender inclusiveness. The Policy recognises the rights
of youth, which embody the whole regime of civil and political rights under the Constitution
and UN standards that Uganda adheres to. The policy prioritises certain types of vulnerable
youths as follows:
Box 5 Vulnerable youth under the National Youth Policy
School dropouts and out of school youth; The female youth; Urban youth migrants;
Youth in situations of armed conflict and disaster areas; Youth in-mates and those just
released from prisons; Youth with disabilities; The illiterate youth; Domestic servants/
helpers; The street youth; Orphans; Youth infected/affected with HIV/AIDS; The rural
youth; The unemployed youth; Youth in schools/ training institutions; Youth in security
agencies; Pastoral and nomadic youth; Sex workers; Youth in refugee camps; Youth
who are terminally ill; Youth addicted to drugs and substances; Youth in the informal
sector; Employed youth below the age of 18.
SIP III touches on youth justice but focuses more on employment issues rather than from
a rights based approach, how to ensure access to justice for youths as a particular social
group that is often rendered vulnerable by circumstances and age. Solutions offered dwell
on market information systems; minimum wage; non-formal skills development, improved
access to finance, entrepreneurship training and promotion of value chains. However, the
youth require important safeguards in the employment sector, including labour rights,
protection from exploitation and harassment among other things. Vulnerable victims of
exploitation and abuse in all forms require care and protection services of JLOS institutions.
Access to justice to enforce their socio-economic and political rights is critical to the full
development of youth into mature adults.
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3.9.6 Fishing and island-based communities

Fishing communities in Uganda are described as being in two categories; those that
are located around the general area of a landing and those closely clustered at or around
a landing.142 There were 503 landing sites in 2010.143 They are a high-risk population owing
to many factors that affect their well-being and socio-economic development. The majority
of the fishing communities are found in remote or inaccessible places such as on isolated
islands and such areas usually have low human development and social indicators.
A study conducted by FAO and UNDP in 1991 found that over half of the mainland
Lake Victoria-Uganda communities are situated at a distance of more than 5 km from any
trunk road; 57% of these roads classified as ‘Poor,’ 37% as ‘Fair,’ and 6% as ‘Good’.144 The
remoteness of these communities presents challenges regarding the provision of adequate
public social services.
The fishing community in general displays signs of vulnerability and poverty, based on several
factors. The road infrastructure development is not well developed particularly in the rural
arrears, leading to isolation and higher transaction costs, which reduces profit margins.
Fishermen lack proper gear for the work that they do, and are vulnerable to weather
patterns, often leading highly migratory work lifestyles. Most landing sites are not accessible
in poor weather.
While fishing as an activity is male dominated, many other players are involved in the industry,
including women and children. Traditionally, the men fish, while women and children are
involved in rudimentary fish processing, trade and marketing to individuals and large-scale
buyers. Male behaviour in the fishing communities reveals patterns of polygamous large
families and high mobility through migration, leaving the women in charge of significant
socio-economic responsibilities.145 Studies show that in addition to these roles, women also
work as lodge and bar operators, and have to perform child care and household duties, as
well as secure food security through farming and educational expenses.146
Gender stereotypes and inequalities drawn from cultural norms and practices in these
communities render women vulnerable to poverty. Women in the fishing community suffer
high unemployment rates and are subjected to sexual exploitation; they also resort to
transactional/commercial sex for survival.
Most fishing communities are known as at risk populations that are vulnerable to HIV.147 It
is estimated that the prevalence rate of HIV in the fishing communities is high, ranging from
15-40%. Women have a higher HIV prevalence than men at 33.9% and 23.9%, respectively.
148
HIV/AIDS incidences and socio-behavioral risk patterns in fishing communities are three
142
143
144
145
146
147
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times higher than the national average at 7.8%: 28.8%, respectively.149 Most of these fishing
communities lack access to testing and counselling and care services and health centres may
be remote to access. Those identified with HIV often face discrimination and stigma from
other community members.
Children and youth are usually pulled out of education to become involved in fishing and
related trade activities, affecting their development. Children are also heavily involved in
child labour in the fishing communities from a very young age, and are easily exploited150;
particularly the young girls suffer from sexual exploitation and abuse. There is little information
and research on the legal challenges that fishing communities face, or the availability of law
and order services and their adequacy.
3.9.7 The landless and smallholders

Farmers or agricultural workers are one of vulnerable groups that face significant challenges
in accessing justice given the fact that they are poor and in many respects marginalized.
In Uganda, agricultural workers face challenges with regard to the kind of work they are
involved in, financial hardships, illiteracy environmental conditions and language barriers.
The agricultural sector, despite its dominance within the Ugandan economy, is volatile and
insecure; farmers or agricultural workers who are employed in the sector are vulnerable
– a significant number of farmers are illiterate or have low levels of education and work
in a highly unregulated informal sector. The volatility of the agricultural sector employment
means that they receive the lowest incomes or none at all, and as poor people it means
that they cannot access justice since they cannot afford to pay costs related to the justice
delivery agencies.
The poor and vulnerable have low skills due to high illiteracy levels and often turn to
self-employment in the agricultural sector for subsistence farming. The UNHS 2012/13
estimates that 67% heads of households in all regions except Kampala are involved in
agriculture. Agriculture has the highest percentage of poor persons who are self-employed
(29%).151 The NDP II estimates that women form 70% of the agricultural work force.152 The
UN makes a case for legal empowerment of the poor in order to protect important labour
rights and business enterprise in the informal sector of self-employed persons.153
The Ethical Trading Initiative (ETI) Smallholder Guidelines (2005) define some of the
characteristics of smallholder farmers.
Box 6 Ethical Trading Guidelines description of smallholder farmers
Production of relatively small volumes of produce on relatively small plots of land;

generally, less well-resourced than commercial-scale farmers; usually considered as part
of the informal economy (may not be registered, tend to be excluded from aspects of
labour legislation, have limited records); are often vulnerable in supply chains.
149
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Some of the products that smallholder farmers or out growers are engaged in include tea,
cocoa, cotton and coffee and almost all other plantation crops.154 While they are part of
the global value chains due to their role as primary producers of export products, they
also face various challenges related to their living wage, protection of labour laws for the
informal sector, security of contracts and transparency in transactions, freedom to form and
join trade unions among other things.
Smallholder farmers play an important role in providing food security, but are constrained
by the lack of an effective land policy in Uganda. The land tenure systems in Uganda have
resulted in some land holders having big parcels of land that lie unutilised while many small
holders have little to no land to farm on. Land fragmentation is also common and prevents
farmers from branching out into commercial farming.
Another challenge relates to the nature of land holding in Uganda, which sometimes
is reflective of conflicting legal regimes. As at 2001, about 82% of the cultivated land in
the central region of Uganda was held under mailo tenancy, 17% under leasehold, and
1% under freehold, with most famers holding land under squatter or customary type of
tenure.155 These are some of the least secure forms of land ownership. In the case of
squatters, evictions can arise at any point and in the case of customary tenure, there may
arise conflicting uses of lands held in common. In the Northern regions, new forms of land
holding policies believed to be intended to benefit large-scale farmers have been highly
contested as marginalising the interests of smallholder farmers. Additionally, large tracts of
land are often given away to multinational corporations of big investment firms, sometimes
at the cost of the small holder farmers, who may be evicted, forcibly displaced or forced to
sell.156 The mechanisms for land registration and titling are poor in many districts, affecting
those who would like to formalise their landholding.157
Smallholder farming is characterised by family labour as opposed to mechanisation, which

labour is provided by children and women. The participation of children in farming can be
problematic when its magnitude reaches the threshold of child labour, and often in such
settings, children may be pulled out of school or not sent to school with the preference
for them to provide the manual labour needed. Also, women who participate in this type
of farming may not necessarily reap financial rewards for their work, especially in the male-
headed household model. Thus it is necessary to protect the rights of vulnerable groups in
these situations and balance their responsibilities with rights.
3.9.8 Internally Displaced Persons (IDPs)

The International Federation of Red Cross and Red Crescent Societies defines vulnerability
from a social vulnerability perspective as ‘
154
155
156
157
Interest
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158
The National Policy for Disaster Preparedness and Management 2010 defines
vulnerability as ‘the extent to which a community, structure, service, or geographic area is
likely to be damaged or disrupted by the impact of a particular disaster hazard, on account
off their nature, construction and proximity to hazardous terrain or a disaster-prone area.’
It recognizes categories of vulnerable groups to include unaccompanied minors, the elderly,

the mentally and physical disabled, victims of physical abuse or violence and the pregnant,
the lactating and persons with HIV/AIDsIn general terms, a person or persons with certain
inherent or externally constructed characteristics that predispose them to shocks, risks and
harms are considered vulnerable.
The situation of internally displaced persons (IDPs) in Africa is indicative of extreme

disruptions of a way of life and socio-economic as well as cultural structures for a whole
community, communities or even regions. The National Policy for Disaster Management
and Preparedness refers to this phenomenon as ‘crisis-induced mass migration’ for ‘survival’.
Given that even under normal circumstances, the enjoyment of rights is curtailed due to
limited investments and provision of public services in the social and economic sector, it
becomes exponentially more difficult when dealing with the issue of displaced population
from commencement of displacement to reintegration.
Uganda has faced this persistent challenge for over five decades now. While the numbers
have varied over the years, based on various triggers and circumstances, it is estimated that
there were 37,880.63 IDPs in Uganda in 2014.159 One of the difficulties of determining the
population of IDPs is that not all of them live in designated camps; some live with relatives
and friends, but still retain the status of IDPs.
In Uganda, people have been displaced as a result of two categories of phenomena. The
first category is that of human induced hazards or activities, most prominent of which
has been armed conflict. The National Policy for Disaster Preparedness and Management
2010 highlights some of the triggers for disaster including armed conflict, land conflicts,
terrorism, industrial and technological hazards, environmental degradation, cattle rustling
and retrogressive cultural practices. Some or many of these cause internal population
displacement. As noted in the National Policy for Disaster Preparedness and Management
2010, several conflicts occurred in the past five decades, including the 1979 war that ousted
the government of Idi Amin, the 1980-1986 armed struggles that took place mainly in
the central parts of Uganda, and the 1986-2007 armed conflicts in Northern and Eastern
Uganda, as well as unrest in the form of cattle rustling in Karamoja area.
There has been prolonged conflict in Northern Uganda, Western Uganda and North East
Uganda. These conflicts were spurred by different impetus. Citizens based in Northern
Uganda were trapped by the clashes between the National armed forces and the Lord’s
Resistance Army, in which they became caught up in the cross fire, and were the object
of abductions, maiming, sexual violence and loss of property. This led to the abandonment
of homes and properties and en masse displacement to government established camps
and outlying settlement camps. It was estimated in 2007 that approximately 1.7 million
people of which women and children comprised 80% were displaced in more than 200
camps in the regions of Acholi (Amuru, Gulu, Kitgum and Pader districts) and Lango (Apac,
Amolatar, Dokolo, Lira and Oyam).160
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The rampart insecurity evidenced in Karamoja for decades was caused by armed civilians
involved in criminal enterprise and violent raids by armed pastoralists for purposes of cattle
rustling within Karamoja and Teso. The resulting militant solutions adopted by the National
Armed Forces and backlash from the armed groups in the region affected civilians again.
Civilians left their habitations in large numbers, travelling to Katakwi and Soroti to live in
camps. Over 80,000 internally displaced persons (IDPs) were situated in Katakwi from the
late seventies to early 2001.161 At present, these IDPs have all returned to their origins.
In Western Uganda, sporadic attacks against civilians by armed groups have also contributed
to insecurity in the region and consequently, displacement. The Alliance of Democratic
Forces (ADF) emerged in the 90s as an Islamist based insurgent group that targeted civilians
and government facilities in Bundibugyo, Kabarole, and Kasese. The civilians in those districts
fled to camps; 135,000 IDPs were evidenced in 1999.162 Due to continued attacks on the
IDP camps, some IDPs fled to the nearby district of Fort Portal.
The African Union Kampala Declaration on Refugees, Returnees and Internally Displaced
Persons in Africa 2010 recognises that ‘the situation of IDPs and refugees arises from
underlying political, socio-economic and developmental problems as well as the influence
of external factors which cause destabilization’. The Declaration also notes that the majority
of the refugees and IDPs are women and children, old persons and PWDs because of their
vulnerability.
The UN Guiding Principles on Internal Displacement 2004 point out that IDPs are the most
forgotten, neglected and vulnerable. The Guidelines define an IDP as
The critical rights for IDPs relate to the right to return, the right to participation, the right to
property, and access to the law. During the time of displacement, welfare services such as
food, water, sanitation and medical care are important for survival particularly of vulnerable
groups. Also, with the strain of displacement come related psychosocial problems; the social
fabric of communities is worn out, leading to sexual and domestic violence, hooliganism
prostitution, alcoholism, malnutrition, disease and extreme dependency. The increase of
widow headed homes, orphan hood and child is notable in conflict-affected areas. These
situations exacerbate vulnerability and poverty.
The conditions under which IDPs live, whether in camps or outside, are inimical to their
enjoyment of their rights without a multidimensional intervention from government and
other actors. IDPs are vulnerable to marginalisation, exclusion, denial of basic services
and needs. In the case of women and children, the risks of sexual abuse, violence and
marginalisation increase vastly. At the point of return, re-integration and resettlement
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may not be achieved without key rights being re-asserted, such as the right to property.
For example, in Northern Uganda, although most IDPs were resettled by 2010 into their
original habitations, disputes have arisen over the demarcation of land boundaries, leading to
criminal responses such as arson. In the absence of justice mechanisms to resolve disputes
and conflicts objectively, violence and other forms of harassment are likely to arise. Other
key areas of concern relate to security, access to justice and social services.
The second category of IDPs arises from disasters caused by natural causes. From 1990
to 2014, natural disasters occurred in the form of floods, fires, electric storms, drought,
landslides and storms.163 It is estimated that within 2005 to 2013, approximately 37,880
people were displaced, houses were destroyed and deaths occurred too. The National
Policy for Disaster Preparedness and Management 2010 adds earthquakes, HIV AIDS,
epidemic diseases in humans and animals, pest infestations, famine, mudslides to this list.
The Framework for protection of IDP rights as reflected under the IDP Policy recognises
that IDPs are a vulnerable group that is entitled to enjoy their human rights on the same
basis as other citizens. The focus of the IDP Policy is on the return, resettlement, integration
and reintegration of IDPs.
The National Policy on Disaster Preparedness and Management was adopted to enhance
government’s response to disasters. Other policies with a bearing on IDP re-integration
include the Karamoja Integrated Disarmament and Development Program 2007; the
Peace, Recovery and Development Plan for Northern Uganda 2007; National IDP Return,
Resettlement and Re-Integration Strategic Plan for Lango and Teso Sub Regions 2005; the
Emergency Plan for Humanitarian Interventions for the North, 2006; and the Camp Phase-
Out Guidelines, May 2008.
As discussed above, conflict has plagued the country in various regions. The most affected
in relative terms could arguably be Northern Uganda, where not only human beings were
targeted, but also physical infrastructure and the service industry devastated, effectively
crippling the provision of all critical services in the district, including access to justice services.
In the wake of the conflict, efforts were made by government and other partners to
identify the most affected persons to target for care and support. For example in the post
resettlement period, the Disaster Management Policies of Gulu identified vulnerable groups
as including child headed households or elderly headed household without any other social
support, widows and widowers, child mothers headed household without a supporting
spouse; the medically impaired, amputees; terminally ill persons with dependents who are
under 18 years.164 This list is not exhaustive, as there are indeed several other vulnerable
groups that fall under this list such as children, child and female abductees, former rebel
returnees, PWDs, youths, People living with HIV among others. These categories exist in
all the northern and also certain extent eastern Uganda districts that were conflict affected.
Guidelines and parameters were set to protect returnees in Northern Uganda in the form
of the Camp Phase Out Guidelines for all Districts that have IDP Camps. Priority was given
to the most vulnerable groups in the camps such as widows and orphans in regard to land
163
2015).
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through the area land committees, local council courts, clan systems, formal courts. The
deployment of Special Police Constables was also encouraged to maintain law and order.
However in reality, there were problems in executing these guidelines. The Local council
adjudicating bodies lack jurisdiction over land matters, and the judicial and law and order
institutions did not match up to the population’s demands. The PRDP noted the ‘sketchy’
presence of justice law and order institutions in the regions and lack of infrastructure for
these services.
The landless in the conflict regions are also vulnerable to extreme forms of poverty. Conflicts
over land disputes have escalated in the region, fostering crimes and violence in the region.
In the absence of effective and fair arbitration mechanisms, poverty and vulnerability is likely
to increase. The Peace and Recovery Development Plan (PRDP) 2007-2010 highlights
the role of access to justice, law and order institutions among other service providers in
lowering the incidence of persons living below the poverty line from 56% in 1992 to 31%
in 2005/06.165 The PRDP set out to prioritise the re-establishment of functional legal and
judicial system including prosecutorial staff, judges and courts, mechanisms for land related
conflict resolutions and dissemination on legal awareness and available judicial services. 166
To date, this remains a challenge.
In terms of the Frameworks for protection of victims of war, it is to be noted that for long,
there has been a move to ensure meaningful justice for Northern Ugandan victims beyond
formal measures, with emphasis on victim centered approaches. Calls have been made for
a truth telling process, reconciliation and reparations. There is a Transitional Justice Policy in
the offing by the Government of Uganda.
SIP III takes heed of people from disadvantaged areas of Uganda as a result of civil conflict,
particularly women and children. It notes the need to enhance access to justice and basic
services for them. In regard to Northern Uganda, the adoption of alternative models of
transitional justice such as the informal justice processes is highlighted. There is emphasis on
comprehensive, and victim-centered approaches to post-conflict justice, and in particular,
the rights, welfare and participation of women and children.
Disadvantaged areas are prioritised under the Transitional Justice result area in SIP III.
Strengthening of service delivery in land, family and criminal justice is promised for the
PRDP, KIDDP and others. In Northern Uganda, SIP III commits to establishing pilot District
Land Tribunals in the four Districts of Amuru, Gulu, Kitgum and Pader, with linkages to
traditional institutions in Acholi region through the Ker Kwaro Acholi traditional structure.167
It is estimated that approximately 82% of the Karamoja population lives in poverty, and
large households that contribute to poverty aggravate this situation.168The Karamoja
Integrated Disarmament and Development Programme (KIDP) 2007:Creating conditions
for Promoting Human Security and Recovery in Karamoja, 2007/2008-2009/2010 is a
policy and operational framework for restoring peace and development in the region. The
KIDP points out the fundamental challenges posed by armed conflict in Karamoja that
has rendered the people poor and vulnerable, which include lack of adequate access to
165
166
167
112, 2010
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health and education, and the destruction of physical and social capital leading to pervasive
poverty. It also notes the wide spread social exclusion of poor and vulnerable groups and
persistent gender disparities in benefiting from the development process.
While there are severely poor social and economic indicators overall in Karamoja, studies
show that access to legal assistance is the most scarce form of intervention by NGOs
and the least met need in all the five districts, at 1% as at 2007.169 KIDP Phase 2, July
2012 – June 2015 provides a stronger framework in this regard. Due emphasis is placed
on embedding rule of law in the region; Judicial services enhancement is envisaged in the
area of court construction and functionality in the administration of justice of LC courts,
support to traditional and transitional justice processes and sensitising local governments
and traditional justice structures on sexual and gender based violence.
People living with HIV (PLHIV) are exposed to stigma, discrimination, isolation and exclusion
once their status comes to light in the public domain. This has the adverse effect of limiting
those PLHIV from accessing prevention and treatment as well as support services to cope
with the physiological, psychosocial effects of HIV.
The stigmatisation of HIV status has contributed its increased prevalence and at 2013 it
was estimated that approximately 1,390,000 people live with HIV in Uganda.170 In 2011 the
prevalence rates of those aged 15-49 that are infected stood at 7.3%. The incidence was
higher in women at 8.3% with men at 6.1%.171 The rights of PLHIV are affected in the political,
socio-cultural and economic arena, leading to them being shunned and marginalised when
seeking health and work services or participation in several social and economic activities.
The PLHIV Stigma Index of 2013 cites the incidence of social exclusion and harassment/
insults in a sample study at 16% and failure to access work at 23%. High poverty levels are
noted, with 60% earning less than 100 dollars 20% earning earned between 100 dollars to
300 dollars and 7% lacking sufficient food between one to seven days. 4% of PLHIV had
their HIV status disclosed to a spouse without granting consent and 7% had their status
exposed to third parties by a health care professional had without their consent. 6% were
subjected to involuntary testing and health procedures. 23% of the 27% who lost their jobs
attributed it to their HIV status, which in itself is discriminatory. Denial of health insurance
and segregation were also noted in 4.3% and 1.4% of PLHIV among others due to their
status.
The HIV Stigma Index reported that 23% respondents had faced human rights abuses in
2012 such as assault, abuse, exclusion, forced medical tests and other discriminatory acts
as a result of their status. Despite this, almost 75% of those whose rights were abused or
violated did not seek any form of legal redress pointing to either lack of knowledge about
the legal procedures or lack of enabling environments to seek redress. 19% reported lacking
financial resources to seek redress while 19% lacked confidence in the justice system. Only
20% approached relevant government officials for assistance.
From the above evidence, it is clear that as a result of their status, PLHIV who are identified
as such face human rights abuses and violations including right to privacy, from health
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professionals, co-workers, spouses and intimate partners. All this renders them vulnerable
and marginalized as a population. Despite this, knowledge of their rights is low, at 43%.
The Uganda AIDS Indicator Survey 2011 points to low overall acceptance of people living
with HIV/AIDS in Uganda, which is stigmatized and kept secret. The PLHIV Stigma Index
poignantly points out that PLHIV suffer stoically rather than seek the services of judicial
system and administrative offices; the primary cause of this reticence is the costs involved172
Within the category of PLHIV, there are those that face various forms of marginalistion. One
such category is women living with HIV. The tribulations that these women suffer, mostly in
the form of domestic violence, have been documented vividly173 but there is little evidence
of improvement in their plight. The domestic violence that women face when they reveal
their HIV status to intimate partners and spouses has served to deter many women from
revealing their status and in the context of polygamy this has served to increase the risk of
spreading HIV. Women’s economic dependence on partners and spouses increases their
vulnerability and this situation is aggravated by law enforcement agencies that do not view
domestic violence as a serious crime, as well as the access to justice barriers that women
face in general. Women also face rejection and abandonment for male partners, who not
only deter them from revealing their HIV status but also from seeking medical help and
intervention to enable them to live positively.
With regard to Framework for protection of PLHIV, the HIV Prevention and Control Bill
endeavoured to set out the human rights of PLHIV but raised serious concerns around
compulsory testing, mandatory notification and disclosure and criminalizing of transmission
among others.174 Despite this, the HIV Prevention and Control Act of 2014 became law in
2014.
Government has put in place policies as well as strategies to deal with the pandemic from
a public health and human rights perspective. These include the Uganda National HIV
Prevention Strategy (2011-2015) and the National HIV/AIDS Policy, Uganda National
Policy for HIV Counselling and Testing. The SIP III touches on the policy and programmatic
areas of addressing HIV within the health sector, and the need for appropriate management
of resources for HIV/AIDS activities as stipulated in the Uganda National AIDS Policy.
However, it fails to make the linkage between the Health Sector and the strategic
interventions that JLOS can make synergistically to ensure that the rights of Persons Living
with HIV are protected and that those whose rights are infringed can access justice as a
specific category of vulnerable persons.
3.9.11 Indigenous groups and Ethnic minorities

The United Nations Declaration on the Rights of Indigenous Peoples recognises that
indigenous peoples have rights, but does not define who they are. The politics of who is an
indigenous group have always been murky and controversial in Africa, due to the power
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relations and complex dynamics of ethnicity. The UN in 2004 came up with a working
definition as follows:
.175
The implications of this statement captures key elements of indigenous groups; they have prior
claims to settlements, they are culturally or linguistically distinct and seek to preserve their
identity based on their own systems, including legal systems. On the other hand, the United
Nations Minorities Declaration Article 1 thereof refers to minorities as based on national or
ethnic, cultural, religious and linguistic identity whose existence must be protected. Despite
that, there is no international agreement on a definition of groups constituting minorities.176
The UN Special Rapporteur of the United Nations Sub-Commission on Prevention of
Discrimination and Protection of Minorities described a minority group as:
religion or language177
Ethnic minorities in Uganda tend to experience some of the highest risk of human rights
abuse or denial, discrimination, poverty, marginalization and social exclusion in comparison
to most of the remaining population. Ethnic minorities just like most other vulnerable groups
face significant challenges such as access to productive resources, illiteracy, unemployment
or under-employment hence leading to further poverty, vulnerability and social exclusion
and in effect impacting on access to justice. Their vulnerability means they are likely to be
denied or will fail to access to beneficial sources of livelihood and access to justice when
wronged178. Access to justice by ethnic minorities is also hampered by limited or none
existent justice delivery agencies in their areas.179
For purposes of this study, a group that embodies both the aspects of a minority group
and an indigenous group will be analysed. The Batwa in the South East of Uganda will be
sampled, although it is acknowledged that a whole range of ethnic and indigenous groups
exist in Uganda. It may be surmised that the challenges faced by these two groups highlight
just a few of the issues that other ethnic minority groups face. The Batwa are unique in that
they are not only numeric minorities but linguistice minorities and have adhered to their
ancestral ways of life, including life as hunters and gatherers.
It is believed that the Batwa were the original inhabitants of the forests surrounding Lake
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Kivu and Lake Edward in the Great Lakes region of Central and East Africa and predated
the other inhabitants. The Batwa coexisted peacefully with the animal and plant species in
the forests. However, in 1964 the Forest and Game Acts limited the access of the Batwa to
the forests. Thereafter in 1991, the Batwa were evicted from Mgahinga and Bwindi national
parks after they were upgraded from game reserves, (the latter which was declared a
world heritage site protecting gorillas) and the Ecuya Forest reserve.180 This resulted in the
disruption of a whole way of life and put their health, nutrition, cultural life and economic
activities in peril that pertains to date.
The Batwa have faced severe challenges in the enjoyment of their human rights, as a minority
group and indigenous people, as the forest is not only a habitation but also a whole way of
life, providing physical, economic, spiritual, and social nourishment.181 They live in conditions
of extreme poverty and are faced with challenges of drought and lack of nutrition.182 In
effect, they have become landless and homeless. It is estimated that in 2008 there were
6,700 Batwa and 80% of them were landless and homeless.183
Although under the UN Declaration on the Rights of Minorities and of Indigenous Persons
respectively the positive culture and customs of indigenous groups should be preserved
through all means, the Batwa’s way of life is heavily challenged. The Batwa are discriminated
against in their surrounding communities of the Bakiga and Bafumbira and seen as inferior
due to their way of life and hence isolated. Systemic exclusion is also evident in the limited
provision of services such as health and education. Communities around them not only deny
them employment but also land user rights. The Batwa have very low levels of education
and very high levels of poverty.184
The Ik of Karamoja similarly are numeric and linguistic minorities, hunters and gatherers
who have secluded themselves to their indigenous way of life. Several other minority
groups and indigenous groups are deemed to exist in Uganda although the determination
of that status is not forthcoming. The Africa Commission on Human and Peoples Rights
has noted with concern the apparent lack of political will by government of Uganda to take
adequate measures to realize the rights of indigenous populations as guaranteed under the
Charter, urging Uganda to put in place laws that protect land rights and natural resources
of indigenous populations.185
It has been noted that among the vulnerable groups, the most affected by the lack of
traditional justice systems are the indigenous communities.186 Formal laws are alien to
such groups, whose unique customary norms and sanctions mechanisms are weakened by
breakdown in the social set up and structures due to being scattered and disempowered
180
181
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183
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by dominant groups and norms.
The Constitution does not make specific reference to indigenous groups, as it does
for minority groups. However it could be surmised that where indigenous groups are
marginalised, they fall within the ambit of those entitled to affirmative action. For purposes
of this study, an ethnic group from the west and the east will be utilised to showcase some
of the human rights and rule of law concerns for ethnic groups.
The Land Act of 1998 Section 23 thereof allows for grazing and watering of livestock;
hunting; gathering of wood fuel and building materials; gathering of honey and other forest
resources for food and medicinal purposes; any other purposes as may be traditional among
the community using the land communally. However, under Section 44 government may
protect environmentally sensitive forest reserves, thus curtailing activities of the Batwa for
example.
Section 45 of the National Environment Act 1995 allows for traditional uses of forests
which are indispensable to the local communities and are compatible with the principle of
sustainable development but the law retains the discretion to exclude human activities in
any forest area by declaring a forest area a specially protected forest.
3.9.12 Refugees
Refugees are vulnerable persons due to the lack of entitlement to citizenship rights, and
because they are seen as foreign entities competing for scarce resources with homegrown
communities. As such they are subjected to stigmatisation and discrimination and are
targeted for crime by non-refugee communities.
Efforts by government and UNHCR have seen some programmes established, such as the
pilot mobile court scheme in Nakibale that commenced on April 2013. The project aimed
at improving access to justice and legal assistance for refugees who were being targeted and
affected by crime.187 Access to justice tends to be problematic due to scarcity of services,
particularly for victims of crime, given the institutional challenges that exist in criminal justice
administration within the police and the judiciary. This discourages refugees from reporting
crime and even those who report have long waits before their cases can be heard and
determined. One of the challenges posed by refugees in Uganda is their habitation in
settlements as opposed to camps; this diffusion makes service provision difficult.
3.9.13 Other groups

There are categories of people who are marginalized because they are regarded as
transgressing religious mores and indeed the Criminal Law, such as sex workers and
sexual minority groups, also known as LGBTI (Lesbian, Gay, Trans-sexual and Intersexual).
Sex workers face harassment by the Police, abuse from their clients and they are often
marginalized by the rest of society.188 LGBTIs in Uganda suffer violence such as corrective
rape, being disowned by families and being chased out of their homes.189 Although these
groups are regarded by many as not having any rights, there are a few LASPs working with
these groups to offer counselling, legal advice and legal representation.
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4.0 LEGAL AID AND ACCESS TO JUSTICE IN UGANDA

4.1 Introduction
From a literal point of view, the concept of Access to justice relates to ‘the mere contact or
right to entry to use the justice system by citizens’190. Access to justice entails an examination
of how individuals, groups and communities realise de facto justice from the enforcement
of substantive law as well as the quality of justice meted out on them by the justice delivery
system i.e. procedural justice.
As seen in the previous chapters, being in a state of vulnerability highly impacts on capacity
to enforce rights, from a personal standpoint or as a collective. This brings to bear an
examination of the adequacy of the frameworks for legal aid that are established to make
the right to access justice a reality for vulnerable and poor groups; in terms of relevance,
organisation, accessibility and effectiveness.
Access to justice therefore encompasses physical access to justice institutions and services:
financial access to justice and: procedural or technical access to justice law and order
institutions and services. Sometimes, these factors may all come into play in the same
circumstances, forming extreme barriers to justice, particularly vulnerable groups faced
with multiple forms of vulnerability. For example, an orphan child in conflict with the law
requiring legal representation would face significant constraints in all three aspects, as would
a Mtwa woman from Mgahinga seeking to enforce her rights as a widow.
Physical access refers to the presence and availability of services by key JLOS institutions
and non-state actors. Successive JLOS strategic investment plans have striven to ensure
that the right balance is achieved between supply and demand of services. The emphasis
on de-concentrating JLOS services has long occupied the planners in JLOS, but to date,
most of the JLOS services remain in the urban areas and central region. This creates a
physical barrier that may result in victims or users not attempting to close the distance gap
hence choosing to relinquish their rights to pursue certain options. For example, the Justice
Centres that provide critical legal aid are found in only four satellite locations.
The procedural or technical aspects of access to justice could also be referred to as mental
or attitudinal barriers to accessing justice. The ease of transactions of legal matters is at best
difficult for lawyers who are schooled in legal practice and confusing for laypersons who
may be literate. However, in the case of poor and vulnerable persons, who are already
disadvantaged in several ways including illiteracy, interfacing with legal processes can be a
formidable task, daunting at best. Ironically, due to high poverty levels among the majority
of Ugandans, few can afford to retain the services of lawyers, who not only are far from the
poor in terms of distance, but charge highly for their services. The often highly charged and
adversarial system of justice combined with an overly focus on procedures and rules can be
distressing and disempowering.
Financial accessibility as a precondition to accessing justice is problematic for the poor.

Given the challenges of raising resources for transportation to the relevant institutions, the
various user fees may serve as a deterrent to filing cases before institutions. Lawyers’ fees
tend to prohibitive even where lawyers may be accessed.
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Both poverty and vulnerability are or can be a cause and a consequence of inadequate levels
of access to justice191. By ensuring that the poor and vulnerable access justice, the potential
for economic and social empowerment through legal measures improve considerably.
Conversely, by excluding poor and vulnerable people from accessing justice institutions,
they are prevented them from exploring opportunities that would otherwise improve their
lot and status. Therefore the promotion of access to justice related rights and in effect the
rule of law implies strengthening the ability of vulnerable and marginalised groups to use
justice systems to obtain remedies.
To that end, legal aid is a tool, a means to providing disempowered and marginalised
groups with agency or representation to attain either mobility, fiscal or technical means for
admission into the justice, law and order system.
4.2 Models of Legal Aid In Uganda

Uganda currently lacks a national legal aid scheme, such as say South Africa has in place.
Other countries like Malawi or Sudan have a public defender system. In Uganda presently,
legal aid is given various mixed models broadly under the state run legal aid schemes and
non-state Legal Aid Service Providers (LASP).
4.2.1 State provided legal assistance

Traditionally, government has provided legal aid in the arena of criminal justice to people
accused of capital offences that lack representation. Government has been providing free
legal services under two major laws; The Poor Persons Defence Act, 2000 and the Advocates
(Amendment) Act 27 of 2002. Critiques have decried a public legal aid system that focuses
on rights of accused persons and omits to take action for victims of crime, exploitation,
abuse and neglect. However, there have been developments, particularly under JLOS SIP
III, to infuse a more victim centric approach to justice and to address the particular needs
of vulnerable groups.
4.2.2 States brief scheme

The Judiciary operates a State Briefs Scheme within its mandate, referred to in other
jurisdiction as the Judicare model. Under this scheme, advocates are sought to accept cases
with minimal resources provided by the Registrars as opposed to charging commercial
rates. The Poor Persons Defence Act Chapter 20 provides for the defence of poor persons
committed for trial before the High Court. It is activated when it appears that in the
interests of justice, a prisoner should have legal aid in the preparation and conduct of a
defence at his or her trial and that the means of the prisoner are insufficient to enable him
or her to obtain such aid (Section 2).
Section 55 The Trial on Indictment Act, Cap. 23 states reinforces this position, stating that:
“A person accused of an offence before the High Court should be defended by an advocate,
at his or her own expense as of right. Nonetheless, because the majority of the cases tried
in High Court are of a capital nature, and more than likely lead to life imprisonment or the
death penalty, this means that all accused persons appearing in the High Court must be
defended by an advocate either of their choice at their own expense or by one assigned to
them by the state at the expense of the state, as provided for under Article 28 (3) e of the
1995 Constitution of Uganda.
Section 158 of the Magistrates’ Court Act, Cap 16 provides for legal assistance to the same
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effect as the above laws for indigent accused persons.
4.2.3 Pro bono legal scheme

During the implementation of JLOS SIP I, donors in the justice and law sector supported
the establishment of a joint donor Legal Aid Basket Fund as a means for non-state actors
to be capacitated to carry out legal aid for the poor and vulnerable.192 This precipitated
NGOs and CSOs organizing themselves under the umbrella network Legal Aid Service
Providers Network (LASPNET). The Ministry of Justice and Constitutional Affairs (Uganda
Law Council) and the Uganda Law Society were supported by the Legal Aid Basket Fund to
create the ‘pro bono’ scheme in October 2008, which pertains to date under the auspices
of the Democratic Grant Facility.
The Advocates (Amendment) Act Cap 267 as amended by Act. No. 27 of 2002 is the
fundamental law governing legal aid in Uganda. The Uganda Law Council established
the Pro-bono (Services to Indigent Persons) Regulations SI No. 39 of 2009 under which
Advocates are required to provide forty (40) hours of Pro bono services every year or
make payment in lieu. The Uganda Law Society manages this scheme, whose primary aim
is to provide access to legal aid services for the poor, vulnerable and marginalised. The Pro-
bono Project of the Uganda Law Society is meant to generate professional legal aid work at
a low cost to vulnerable or underprivileged persons- the ‘unrepresented have-nots’.193 The
Law Council supervises this scheme, which is running in 9 districts where the Uganda Law
Society runs satellite offices.
The Advocates (Amendment) Act allows students seeking the acquisition of professional
skills or experience for the purpose of enrolment and audience in court to practice if
an advocate possessing a valid practicing certificate accompanies them. The Advocates
(Student Practice) Rules, 2004 cements this position, allowing Post Graduate Bar students
to provide legal aid for children in conflict with the law, when appearing before Magistrates’
Courts and accompanied by a senior practising lawyer. The Legal Aid Clinic of the Law
Development Centre (LDC) has benefitted from working with students from LDC to
provide legal aid to indigent children in the criminal justice system and petty adult offenders.
4.2.4 Uganda Human Rights Tribunal

The Uganda Human Rights Commission is established under the auspices of the Constitution.
It has a tribunal that adjudicates on human rights violations under Article 53(2).194 The
Tribunal has interpreted its mandate widely to apply to all human rights violations, and it
utilises mediation and adjudication to provide remedies for the poor and vulnerable.
4.2.5 Justice Centres

The Justice Centres Uganda (JCU) is a programme of JLOS that was designed to provide
legal services as a one-stop model for indigent, marginalized and vulnerable persons. JCU are
located in the judiciary in four pilot centres that canvass 30 districts. They aid indigent and
vulnerable persons seeking access to justice in both civil and criminal proceedings. Lawyers,
paralegals and persons trained in psychosocial services staff the centres and provide legal aid
through its clinics and community outreach programmes as well as advocacy.195
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Justice Centres are also involved in the state brief scheme by representing accused persons
through the state briefs scheme.196
4.2.6 Legal aid by NGOs

The Advocates (Legal Aid to Indigent Persons) Regulations, No. 12 of 2007 forms the basis
for the legal aid and the delivery of free legal services by LASPs, which are supervised by
the Uganda Law Council. A number of LASPs are providing legal aid to indigent persons
in a number of thematic areas, and many of these fall under the umbrella body Legal Aid
Service Providers Network (LASPNET). The thematic areas range from children, women,
refugees, IDPs, agricultural workers, youth, workers, People living with HIV AIDs, accused
persons etc. A few of these LASPs have national coverage i.e. extend their services to at
least the four traditional regions of Uganda. The majority tend to cover between one to
two regions, although in those regions they may address a number of human rights issues.
Legal aid covers many aspects of lawyering, including giving counsel to victims, drafting
documents and court papers, mediation and dispute resolution and court representation.
Legal aid has now been widely understood to include legal education, which is the aspect
of increasing literacy and awareness on laws and rights, procedures and mechanisms seeking
redress.
Innovative trends in legal aid have also seen LASPs train communities on how to represent
themselves in certain matters of adjudication e.g before LC Courts or traditional authorities,
as done by UCLF, AHURIO, LAPD and ULA. This is important for empowering citizens
to assert their rights, in the absence of lawyers to represent them. Increasingly, LASPs
are utilising strategic interest litigation on behalf of groups of marginalised and vulnerable
groups. FIDA Uganda, Legal Aid for Persons with Disabilities (LAPD) and MIFUMI for
example have used this form of intervention to equip vulnerable groups to fight for their
rights through legal means.
The use of mobile legal aid clinics and rural outreach community programmes by LASPs has
also been useful in helping to overcome the challenges of physical accessibility for remote
or far off communities. These clinics are useful in identifying the most urgent legal needs of
victims and marginalised groups for expeditious action and eases the transactional cost for
many beneficiaries.
Community based resource persons have been integral to the work of several LASPS.
These persons have several titles, ranging from the contested one of ‘paralegals’ (the
Advocates Act views paralegals only as those who have obtained a required diploma from
the Law Development Centre) to Community legal volunteers. These community-based
resources are usually trained in basic legal knowledge and procedures, and act as a liaison
in the community for the commissioning LASP as mobilisers, educators and focal points for
receiving cases of their target beneficiaries. They refer cases to the appropriate institutions
such as courts, police, prisons among others and sometimes act on behalf of the victims e.g
as fit persons or witnesses or reporters of crime. These volunteers have helped to ease the
challenge of physical outreach for many legal aid service providers and their knowledge of
local contexts, contacts and networks is invaluable in making legal aid provision sustainable
in their communities.
The Paralegal Advisory Services Programme has trained paralegals to work in the regional
referral prisons and in police stations. They work exclusively with remand suspects who
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are held on minor charges to provide legal aid representation or educate them on self-
representation. The Paralegal Advisory Services have succeeded in being accepted by the
District Chain Linked Committees as major players, helping to ease many barriers to justice
that suspects would otherwise face in the criminal justice system.197
Most LASPs provide legal aid for in the area of civil justice more than in criminal justice.
LASPs including Legal Aid Project of the Uganda Law Society, Foundation for Human
Rights Initiatives, Legal Aid CLINIC of the Law Development Centre, AHURIO and
Public Defenders Association of Uganda assist poor persons accused of crime with legal
representation. Advocacy and research have also become integral to the work of LASPs
as they seek to address de facto and de jure discrimination against poor, vulnerable and
marginalised groups.
4.3 Impact of Legal aid on vulnerability, marginalisation and poverty

While there numerous LASPs working in the area of poverty, marginalisation and
vulnerability, few have holistically documented or disseminated the impact of their work
from a poverty reduction or empowerment dimension, or indicated the economic value of
their interventions. Also, the immense difficulty of quantifying the value of legal aid cannot be
overrated.198 However, there have been instances of success that indicate the effectiveness
of various legal aid strategies on reducing marginalisation, poverty and vulnerability and
contributing towards economic empowerment.
4.3.1 Public Interest Litigation

MIFUMI lodged a case before the Constitutional court (Mifumi (U) Ltd & 12 others v
Attorney General, Kenneth Kakuru). Its ruling directly had a bearing on poverty reduction
and vulnerability and the correlation between these concepts was vigorously debated. At
the heart of the case was the contention that the demand for and refund of bride price as a
precondition for dissolution of marriage promotes gender inequality hence is discriminatory
and unconstitutional. The discourses had strong overtones unequal gender power dynamics
and poverty.
The Affidavit of Ms Turner one of the petitioners stated among other things:
laws that are to the detriment of women and poor people.199
because it turns them into a possession equated to a price and in rural areas
197
198
199

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In his judgement, Justice Twinomujuni noted the extreme impact of bride price on increasing
vulnerability of women, holding that where this is allowed it ‘ leaves a lot of desperate and
helpless women in society which provides a breeding ground for prostitution’. On appeal,
the poverty, vulnerability and marginalisation discourse continued when Justice Tumwesigye
noted that the effect of the woman’s parents not having the property to refund may be to
keep the woman in an abusive marital relationship for fear that her parents may be put into
trouble owing to their inability to refund bride price, or that her parents may not welcome
her back home as her coming back may have deleterious economic implications for them.
Justice Kisakye in her judgement continued this analysis, saying that it is therefore not
surprising that forced marriages, especially of girls who have not yet come of age in this
country are not uncommon in rural areas where poverty levels are high and literacy levels
are relatively much lower than in urban areas.
Thus the pronouncement by the Supreme Court labelling requests for refunds of bride
price unconstitutional has the potential to free vulnerable women and poor families from
economic hardships that hitherto were a reality.
This strategy has seen LASPs undertake mediation, alternative dispute resolution and
litigation to ensure that vulnerable groups are protected financially. LASPs like FIDA Uganda
have noticed an increase in women and widows involved in property disputes to protect
family property from sale or grabbing after they attended legal awareness sessions. ACTV
is cooperating with Refugee Law Project and other CSO’s to provide legal and economic
empowerment to refugees who are searching for work and also securing compensation for
victims of torture.
NUDIPU and LAPD have had results in training PWDs to represent themselves in the
Judiciary’s Small claims procedures mechanisms for quick wins over debts less than 10 million
shillings. In addition, successfully representing clients in land and employment disputes has
helped to release monies and properties that can help PWDs.
Some LASPs are engaging in teaching community members to make wills through which
fair distribution is encouraged for spouses and children, to reduce vulnerability of women
and children.
4.3.3 Securing economic livelihoods

Some LASPs are involved in working with groups of employees, entrepreneurs and
smallholder female farmers to build their capacity to transact with other entities and training
them on the basics of making enduring contracts. Others are training vulnerable groups on
their labour labour rights and providing representation in labour disputes to ensure workers
obtain a fair pay. Organisations like Micro Justice Uganda, Justice Centres, Refugee Law
Project, and Platform for Labour Action and FIDA Uganda have supported these initiatives.
Uganda Land Alliance and LEMU have played a critical advocacy and lobbying role to prevent
vulnerable farmers and landowners from being displaced in favour or bigger corporations
and land grabbers. Refugee Law Project has played a strong lobbying role to seek the
established for mechanism on Transitional Justice for Northern Uganda that will address the
rights of conflict affected peoples to reparations for the harm they suffered.

80
Certain groups are vulnerable to facing prejudices at the workplace and marginalisation. The
easiest targets have been PLHIV as indicated in the earlier sections. The discovery of the
status of HIV in many instances has led to work place persecution and even termination of
services. UGANET in offering legal assistance to victims of such practices has protected the
rights of these workers to earn a living.
4.3.4 Ensuring gender equity in assets management

Organisations like MIFUMI, Muslim Centre for Justice and Law and Legal Aid Clinic of the
Law Development Centre have been critical in representing vulnerable women to protect
their family and matrimonial homes as well as lands that are critical in providing subsistence
farming from being unilaterally seized or sold by partners or spouses.
The Uganda Land Alliance has facilitated the formation of Communal Land Associations in
Karamoja to enhance land use and management. Women utilise the land in several ways but
traditionally in Karamoja women do not participate in decision-making fora. Uganda Land
Alliance successfully lobbied for the inclusion of women in these Associations, strengthening
their position as decision makers and promoting equitable land uses and gender sensitivity
in managing the use of the land.
4.3.5 Diversion from criminal and civil justice processes and cost saving
The criminal justice system in Uganda has been affected by the severe case backlog in the
judiciary, resulting in overcrowding in police cells and remandee populations that in some
instances far exceed the convicted population, and which is a cost to the state. The remand
of children in homes has also been problematic due to lack of adequate remand facilities in
the majority of the districts and inadequate resources to meet children’s welfare. All these
categories have financial implications for their upkeep and the human resources required to
deal with the magnitude of the problem across the JLOS institutions.
The interventions of FHRI, AHURIO, Public Defenders Association of Uganda, Justice

Centres Uganda, the Pro Bono Scheme of Uganda Law Society, the State Brief Scheme of
the Judiciary, the Legal Aid Clinic of the Law Development Centre and Paralegal Advisory
Services among others in providing representation to petty offenders and children in conflict
with the law has unclogged the population of prisons and police cells as well as children’s
remand homes. This results in efficiency savings for JLOS although no known study has
provided empirical evidence of these developments in Uganda.
Several LASPs are offering useful services of mediation, particularly in family related property
disputes. This has a dual benefit; agreement on financial bestowments to poor or vulnerable
family dependants such as widows, spouses or children, and non-resort to court resulting
in less burden on courts.
These are just a few examples of the wide array of positive results that legal aid service
providers are registering in fighting for the rights of vulnerable groups.
4.4 Barriers in Accessing Justice by the Poor, Marginalized and Vulnerable in

Uganda
4.4.1 Physical accessibility to legal or justice delivery agencies

Accessing justice requires one to engage with the officials and institutions under the various
justice/ legal systems. The poor, marginalized and vulnerable in most cases have to travel
very long distances to reach and access the nearest justice institution such as the police

81
and courts. To a limited extent for example, the physical accessibility to the High Court has
improved with the introduction of criminal circuits but it remains a constraint for remandees
and their dependants. The higher Courts of Record (Court of Appeal and Supreme Court)
only sit in the capital city (Kampala). The Administrator General’s office for long has been
in the capital city, making it difficult for vulnerable widows and orphans from remote areas
to obtain critical services.
According to the National Service Delivery Survey 2008, access to magistrates Courts and
Police stations is still very limited per population particularly in rural areas. Only 18.2% of
the people in rural areas are able to access a Magistrate Court within a distance of less than
5km compared to an overwhelming 56% in urban areas. Further, most LASP, even the few
who have regional coverage are urban based. Several other JLOS institutions in the rural
areas pose this challenge of remoteness and scarcity of services.
4.4.2 Orientation of supply side

In many cases, those responsible for the administration of justice e.g the lawyers, judges,
police, local councillors, traditional authorities (the majority of whom are men) are not
trained to demystify the law or make it user friendly. Gender justice also requires that the
actors involved in administration of justice are not only gender sensitive but responsive.
The same goes for child friendly approaches to justice and disability issues as well as victim-
centered approaches. Most JLOS institutions training one or two personnel rather on one
or the other of these principles, rather than institutionalising them, thus creating silos in the
organisation. When the few who have been trained people leave, institutional memory
gaps are created. These lacunae only serve to accentuate an already hostile or unaware
environment.
There is also suspicion around the work of LASPs by JLOS sectors and politicians,
particularly when the LASPs interventions touch on power relations and economic bases.
Many LASPs are viewed as spoilers who seek to upset status quos, with some branded
as anti establishment particularly in the case of activists. This limits the cooperation that
the LASPs require in order to come up with comprehensive solutions for vulnerable and
impoverished persons.
A common barrier to access to justice for the poor and vulnerable is lack of confidence
in the justice delivery system as impartial and transparent. Individuals or groups who have
been subjected to abuse, bias or discrimination are likely to be fearful of power structures
and dynamics and suspicious of government agencies. Their status as poor persons in a
highly monetised justice system and environment raises fears of further marginalisation and
re-victimisation.200
4.4.4 The complexities of the Justice system

The working language and technicalities involved in justice systems may prove a barrier to
access to justice for the poor, who in many cases have no or little education. This results in
the lack of or limited participation in justice processes.
English is the official language of Uganda and the working language of justice institutions.
In addition the justice system is best geared for oral communication, not sign or tactile
200

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language, which automatically disables PWDs. Few poor and vulnerable persons can
fully comprehend the English language let alone not the technical language and in the
justice system. This serves to mystify the JLOS institutions and discourage participation by
vulnerable and marginalised groups. In this regard, Local Council Courts have been more
favoured even though their jurisdiction is limited. For example, the 2008 National Service
Delivery Survey reveals high satisfactory rates for in Households with the customary courts
(84%) and LC courts (78%) compared to 59.9 for Magistrates Courts and 48.7% for the
high court.201
4.4.5 Cultural and social barriers

Societies tend to have deeply entrenched biased and discriminatory stereotypes that
assume that the poor, marginalized and vulnerable are inherently lazy, dependant,
irresponsible, undeserving and even criminally inclined. Individuals and agencies engaged in
the administration of justice tend to reflect the wider societal prejudices and biases unless
there is strict enforcements of codes and standards of service delivery.
Patriarchal norms are the dominant social construction of gender in Uganda, and men and
women subscribe to it. These influences pervade the institutions that victims and vulnerable
groups seek to access. Most notoriously, the case of domestic violence victims drives this
point home; these issues are seen as private domestic matters not to be aired in public.
In the instances of sexual violence, taboos around discussing sexual terminologies have
often worked against the rights of victims. Thus women, the majority of whom live in rural
areas, are reluctant to refer matters to JLOS institutions against intimate partners or even
strangers in more powerful positions than they. Even where they do, they face immense
hostility from their communities and family members and sometimes, law enforcement
agencies.
In the case of children’s rights, while international norms dictate that children’s rights to
participate in judicial processes and to information be upheld, this is rarely adhered to. In
Ugandan socio-cultural norms, children do not have rights and freedoms, and due to social
construction, children will rarely assert themselves even in prejudicial situations in the justice
processes.
These social barriers are extended to other groups such as refugees and PWDs, who face
discrimination in the justice system based on unequal power relations and stereotypes of
inferiority and other characteristics.
As a consequence poor and vulnerable persons are not treated fairly or equally in the
justice chain, or in informal adjudicatory mechanisms. The bias and discrimination tends
to propagate stigma and fear in the poor and vulnerable hence discouraging them from
approaching the justice system and seek the support that they need. This situation may be
exacerbated when people living in poverty belong to groups that are under-represented
in the justice sector and law enforcement personnel, such as women, ethnic minorities and
indigenous peoples to mention but a few.
4.4.6 The Cost of Justice

The low levels of literacy, education and knowledge among the poor and vulnerable
reduce fiscal capacity to enforce rights hence inaccessibility to justice202. There are both
201 Page 121
202

83
direct and indirect costs to accessing justice, which often disproportionately disadvantages
or discourages the poor and vulnerable. For example, legal representation by lawyers in
Uganda is for those with means, and even some LASPs require indigent clients to pay user
fees to third party institution, which they cannot afford. Poor clients have to meet their
transport costs to the LASP providing assistance and to JLOS institutions. This in itself can
pose challenges for the poor and vulnerable of any community.
The 2008 National Service Delivery Survey indicates the deterrent effect of user fees. The
survey notes that LCs charge arbitrary fees like fines and court charges while the formal
courts charge high fees for services in civil cases. The LCs are said to ask for huge amounts
of money to arbitrate land disputes and the police ask to be facilitated with transport
and other communication fees. Thus if an indigent person is seeking any or all of these
combined services, fees may consequentially serve as an effective barrier to justice.
4.4.7 Threat of corruption

Uganda has an under-resourced and overstretched justice sector. This challenge has attracted
corrupt practices with the officers and agencies that administer justice. For example, the
National Service Delivery Survey indicates that 41% gave facilitation to the police, prisons
29%, and magistrates 15% while customary courts had the least at 2%.
Corruption is an insidious barrier to justice, as it tends to undermine the entire reliability

of outcomes from the justice system and promotes bias and discrimination against those
unable to facilitate such practices. The poor who access justice are in many cases going
up against an individual or entity more powerful or influential than they are. Examples
could be a household or community in danger being displaced by a corporation from their
lands; a widow seeking to reclaim family possessions; or a PWD seeking damages from an
institution for workplace discrimination. These few examples elicit a David versus Goliath
dynamic which is amplified by corruption; the powerful can afford to pay to disempower
the weak.
As is the case in many countries, Uganda faces a challenge of systemic corruption, which
guarantees that those with financial and social capital are able to access the justice system
with greater efficiency and effectiveness, and even to secure a positive outcome. When
the poor and vulnerable cannot afford to pay requested bribes for services that should be
free, their claims and cases are delayed, denied or discontinued. Moreover, bribes represent
a greater burden for persons living in poverty, increasing transactional costs of accessing
justice institutions and services. They are not only denied access to justice when they are
unable to meet the costs of bribes or engage in other corrupt activities, but they are also
discouraged from accessing the justice system when they perceive the system to be corrupt.
4.5 Capacity of LASPs

There are several LASPs providing legal aid as discussed earlier, in various thematic areas.
However, LASPs are limited in outreach, and human and financial resources to service
the magnitude of the poor and vulnerable groups. Most LASPs are heavily donor funded
and lack funds for institutional development and capacity building in the area of strategic
litigation, training and research.
Uganda Law Council has communicated concerns over the eligibility of some organisations
to qualify as LASPs under the law. While there are organisations conducting very important
activities of community legal education and awareness on legal rights, some of these do not

84
have legal personnel; lawyers or paralegals, to qualify as LASPs. LASPNET has taken these
organisations on board as associate members in order to work synergistically with them on
critical issues of empowerment of vulnerable groups.

85
5.0 RECOMMENDATIONS AND CONCLUSION

Social justice and equity is key to accessing justice by all persons and groups within any given
community. Social justice acts of leveller for poor and vulnerable groups to have their day
in justice institutions and right wrongs or leverage more power and equity to affect their
status quo positively.
The poor and vulnerable are usually victims of marginalisation, discrimination, exclusion and
exploitation. This further exacerbates their situation, leading to extreme forms of poverty
and vulnerability. It is recognised that there are millions of poor people in Uganda, and
yet limited resources to protect their legal and human rights when violated. As such, it is
important to devise means of ensuring that the most affected individuals and populations
are identified for priority action including affirmative action, at the same time establishing
longer term measures for sustainable service delivery for other categories facing challenges.
The following section presents some key areas that should be addressed with a view to
strengthening access to justice for poor and vulnerable groups.
5.1 Short term recommendations
5.1.1 National Framework for Legal Aid

A National Legal Aid Policy and Law are imminent. These are instructive for purposes of
clarifying on the scope and nature of legal aid. It is important that the mechanism for legal
aid embrace a holistic approach to legal aid services. For example in Malawi, the law that
was enacted on legal aid extended the scope of legal aid to include pre-trial assistance, legal
advice, and legal education; the recognition of the role of other players in the provision
of legal aid services such as lawyers, law students, paralegals, and NGOs and introduced a
Legal Aid Board that independent of the Ministry of Justice and Constitutional Affairs.203 It
also introduced a national Legal Aid Fund.
5.1.2 Extending the reach of legal aid

While not without challenges, it cannot be denied that the public assistance given by
government in the form of legal aid as well as the invaluable work of LASPs has aided
populations that that would otherwise be left on the margins of justice. Some of these efforts
have resulted in good practices being established, although there is little documentation of
how these practices have worked and can be replicated to adapt to other contexts.
The Justice centres of Uganda have provided essential support and broken out of the
traditional state model of legal aid in criminal justice to encompass civil justice. The rolling
out of Justice Centres to more districts will help more poor and vulnerable Ugandans to
seek remedies and matters would be improved if their scope widened. Justices centres in
South Africa have not only legal and social workers but also attach labour officers to their
justice centres.204 Similarly, Uganda could consider attaching labour officers and probation
Officers or Community Development Officers to these centres. LASPs and government-
assisted legal aid should prioritise the inclusion of social workers to provide psychosocial
support to victims as vulnerable and marginalised groups require more than formal legal
responses for the most part.
203 The
204

86
LASPs should be supported and capacitated to increase presence, scope, voice and impact
on legal aid to the subnational level. The ambit of determining eligibility for legal aid should
be widened beyond indigence in both LASPs and government to embrace vulnerability and
the interests of substantive justice. For example, Legal Aid South Africa criteria for eligibility
for legal aid looks beyond financial status to address for criteria like the seriousness of the
case i.e. substantive justice.
Legal aid assistance by government should be guaranteed for certain categories, particularly
where there are imperatives to guide this prioritisation. The standards under Section 40 of
the Convention on the Rights of the Child providing for state assisted legal aid in the case
of a child in conflict with the law should be adopted in national practices. The South Africa
Constitution provides that legal representation must be granted at State expense in civil
proceedings affecting a child if substantial injustice would otherwise result (section 28(1)
(h)). It is hoped that Uganda can emulate this good practice.
Box 7 Good practice: Scope of services provided by Legal Aid South Africa205
In South Africa, legal aid is given to all indigent persons who are charged with crime, to
prevent substantial injustice from occurring. In civil law legal aid is given in the areas of
criminal and civil law, Family law / matrimonial matters maintenance matters, primary
care and residence and access, Labour law, Deceased estates and related matters,
Insolvency, including debt counselling, Property law and related matters, Constitutional
matters and Contracts. Legal aid is extended to children, women particularly in divorce,
maintenance and settlement cases and the landless particularly with regard to evictions
and assistance to farmers in certain instances.
Kenya has recognised that certain indigent people are unable to pay fees; through the
pauper brief system in civil cases it waives payments of court fees for indigent court users.206
In Tanzania mainland, indigent persons who benefit from legal aid under the legal aid
scheme of the Faculty of Law of University of Dar es Salaam or LASPs like Tanzania Law
Society, Tanzania Association of Women Lawyers and the Human Rights Commission or
the Judicare scheme are exempted from paying court fees.207 In Zanzibar, indigent litigants
who meet certain criteria can also seek a waiver for paying court fees. In Uganda, Order
33 of the Civil Procedure Rules allows for Pauper Suits, under which Court Fees could be
waived. LASPs should utilise this provision as much as possble, as it has the potential to
dispense with a significant barrier to accessing justice for the poor. 208
LASPs should extend to working with cultural institutions rather than solely focusing on
formal institutions, as the majority of the poor are turning to these fora for justice. Institutions
such as the Ker Kwaro have been open to working with NGOs in general and handle cases
of poor vulnerable and marginalised groups. It is important to incorporate human rights
205
legal_assistance<
206
207
208

87
norms and standards in the important work of traditional justice mechanisms by working
with them and those who access their courts to raise awareness in these standards.
5.2 Long term evidence based interventions for vulnerable groups

One of the big challenges LASPs designing appropriate and effective interventions for
vulnerable and marginalised groups are the lack of substantive data, both quantitative and
qualitative. Few LASPs carry out comprehensive baselines on their target groups beyond
the regions they work in. This makes it hard to understand from a global the magnitude of
the problem and how to design efficient strategies in legal aid.
The Uganda Bureau of Statistics (UBOS) household and demographic surveys are an
invaluable source of data, but they do not provide in depth analysis. UBS for example
did a study on special interest groups in The State of Uganda Population Report 2013.
However, the categories chosen were very limited, and do not give a clear picture of the
affected populations. On the other hand, the UBOS State of Uganda Population Report
2014 focuses on the plight of the youth and gives an in-depth and comprehensive analysis
of this vulnerable demography, although it does not address their access to justice needs
in detail. Partnerships with institutions like UBOS and other data collection agencies could
produce a comprehensive baseline on a wider array of categories and help with planning
and data useful for access to justice.
5.2.1 Strengthen Monitoring and Evaluation

Most LASPs continually monitor and evaluate the impact and results of their interventions,
but this is done from an internally introspective dimension. A State of Access to Justice
report compiled regularly by LASPNET for example would be an invaluable resource for
most actors and would help to track progress towards a national legal aid system. The
Uganda Law Council, which is vested with powers to regulate the legal aid sector, should
together with LASPNET devise a monitoring mechanism for this purpose.
The Equal Opportunities Commission (EOC) had not been involved in access to justice
issues, perhaps due to its infancy. However, the EOC has a constitutional role to play in
monitoring the rights of vulnerable and marginalised groups. The Equal Opportunities Act
2007 bestows on the EOC the mandate to monitor and evaluate, evaluate and ensure that
policies, laws, plans, programs, activities, practices, traditions, cultures, usages and customs
of organs of state at all levels; statutory bodies and agencies; public bodies and authorities
private businesses and enterprises; on governmental organizations, and social and cultural
communities are compliant with equal opportunities and affirmative action in favour of
marginalised groups. A partnership between LASPs and the EOC can also exploit the
symbiotic relationship to strengthen the surveillance of compliance with the protection
of vulnerable and marginalised groups and utilise the tribunal to promote their right to
effective remedies through very targeted litigation.
5.2.2 Strengthen appreciation for legal aid in JLOS institutions

Legal aid provision is best effected when the corresponding institutions and actors are equally
or similarly vested in the programme. Failure to appreciate the value addition of legal aid in
JLOS runs the risk of reducing the potential for positive outcomes. For example, the State
brief scheme and the pro bono scheme face the challenges of seasoned lawyers opting
out and preferring to pay monies in lieu of actual participation, which denies the public of
much needed expertise. On the flip side, the warm reception for Paralegal advisory services
assistances by criminal justice stakeholders in JLOS District Chain linked Committees is
indicative of the value in harnessing synergies to the benefit of the poor and the vulnerable.

88
The LASPs need to strengthen their coordination and meet the standards recommended
by the Uganda Law Council, in order to build credibility for their value addition. Better
equipping of community based resource persons to execute their mandates in tandem
with the referral pathway institutions should be emphasised. This requires that LASPs adopt
strong collaborative approaches and that LASPNET play a strong coordinating role and
continually engage the Uganda Law Society and other JLOS actors in expanding the horizon
and continuum of legal aid services in Uganda.
LASPs also need to reach out more to Law Students, to encourage them to take up careers
in “community lawyering.” More Clinical Legal Education Programmes in Law Schools
might help to inspire more students to get involved in legal aid provision as a career. The
Legal Education Curriculum should make an effort to include access to justice issues and
emphasise the role of the legal profession as the vanguards of justice in society. This will
help to increase the lawyers available for legal aid in the long term.
LASPNET should conduct further research on who and exactly where the poor are in
Uganda by district, town and region so as to ensure legal aid is more specifically targeted. An
in-depth study on how pecuniary and geographical jurisdiction of various formal and informal
justice mechanisms affect access to justice is called for, as is a study on the applicability or
Order 33 of the Civil Procedure Rules for Pauper Suits is also necessary.
5.2.3 Consider and adapt Means and Merit Test to standardise legal aid provision
Means and merit tests are used by governments and non-state actors in many jurisdictions to
streamline legal aid services and apply an objective standard to defining who is poor enough
to qualify for legal aid. Applying such tests in Uganda could, however, be problematic due
to the absence of a proper system of identify information management and a system of
addresses and post codes which can allow people to be traced. However, the on-going
National Identity Card Registration exercise may help in this regard. It should also be noted
that the Justice Centres of Uganda are applying a means and Merit test which other LASPs
may consider analysing and adapting to suit their own target groups. A sample means and
merit test is included in the appendix, however, careful thought and analysis is necessary
before LASPs decide to utilise tis tool.
5.3 Conclusion
Access to justice is a fundamental human right and is indivisible from the other genres
of human rights; it actually may in certain instances be the prerequisite for catalysing the
realisation of civil, political, economic and social rights. The full realization and enjoyment
of the rights of poor, marginalized and vulnerable groups or individuals depends on rights
based approaches that equip communities to know and assert their rights in an atmosphere
of accountability, empowerment and non-discrimination. In this regard, it is incumbent on
all actors involved in promoting the right to access to ensure that core human rights values
of dignity, equality and affirmative action for the weakest and most needy are embedded in
the interventions that they devise.
Without effective, inclusive and affordable access to justice mechanisms, the poor, vulnerable
and marginalized are denied the opportunity to enjoy, claim or reassert their rights or
challenge breaches thereof. Barriers to justice that are attitudinal, procedural or physical
have the effect of denying these groups the appropriate standard of justice that is critical
for resolving some root causes of marginalization, discrimination, poverty and vulnerability.

89
One of the major conclusions derived from this study is that while barriers to justice exist for
the majority of Ugandans, the poor, the marginalized and most vulnerable of all groups are
the most affected by the failure to access justice. The progression towards comprehensive
legal aid programmes is critical in restoring some of the balance in favour or vulnerable
and marginalised groups. Improvement in accessing justice by such categories of people
requires tackling a range of legal, socio-economic and cultural barriers that exist in the
formal and non-formal justice system.

90
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98
APPENDIX 1: TERMS OF REFERENCE

In summary, the Consultant had the following Terms of Reference:
1. Define The concept of poverty, Vulnerability and marginalisation in the context of Access
to Justice.
2. Analyse the causes and impact of poverty, vulnerability and marginalisation in Uganda on
national development especially in relation to the promotion of access to justice by all.
3. Provide baseline information on poverty, vulnerability and marginalisation In Uganda.
4. Analyse data and information on the percentages of the poor, vulnerable and marginalized
persons accessing justice In Uganda.
5. Highlight the most affected category, regions, and population in accessing justice.
6. Establish the major access to justice bottle necks and the efforts by the state and non-
state interventions to address them.
7. Bench mark cost effective, good practices from other Jurisdictions in relation to enhancing
access to justice by the most poor vulnerable and marginalised.
8. Provide guidelines to support identification and provision of access to Justice services

for the poor , vulnerable and marginalised.
9. Provide relevant recommendations for planning of interventions that seek to enhance

access to justice by the most vulnerable and marginalised in Uganda.

99
APPENDIX 2: PROPOSED GUIDELINES FOR LEGAL

AID SERVICE PROVIDERS ON THE
IDENTIFICATION AND PROVISION OF
ACCESS TO JUSTICE SERVICES FOR THE
POOR, MARGINALISED AND VULNERABLE
These guidelines are based on the Lilongwe Declaration on Accessing Legal Aid in the
Criminal Justice System in Africa 2004, the United Nations Principles and Guidelines on
Access to Legal Aid in Criminal Justice Systems 2013, and the Uganda Legal Aid Bill 2011.
1. Legal Aid Service Providers (hereafter LASPs) should play a role in sensitising the
government, law enforcement agencies and the public on the important role that
legal aid plays in the justice system. The benefits include elimination of unnecessary
detention, speedy processing of cases, fair and impartial trials, and the reduction of
prison populations.
2. LASPs should promote legal literacy as a priority of their programmes because people
who do not know their legal rights cannot enforce them and are subject to abuse in the
justice system. Legal literacy should target vulnerable groups such as children, young
people, women, persons with disabilities and the urban and rural poor. LASPs should
advocate for and celebrate a designated National Legal Aid or Legal Literacy Day.
3. LASPs shall recognise the role of informal justice institutions and mechanisms such as
Local Council Courts, Clans, and Elders in access to justice. Such community-based
alternatives to formal criminal processes have the potential to resolve disputes without
acrimony and to restore social cohesion within the community. These mechanisms also
have the potential to reduce reliance upon the police to enforce the law, to reduce
congestion in the courts, and to reduce the reliance upon incarceration as a means
of resolving conflict based upon alleged criminal activity. LASPs should recognise the
significance of such diversionary measures to the administration of a community-based,
victim-oriented criminal justice system and should provide support for such mechanisms
provided that they conform to human rights norms.
4. LASPs shall recognise the important role that non-lawyers such as law students, para-
legals and legal assistants play in improving access to justice. Non-lawyers can assist
suspects and criminal defendants, and provide knowledge and training to those affected
by the system.
5. LASPs should encourage partnerships with Lawyers and Advocates in Private Practice to
expand the scope of pro bono services available to the poor.
6. LASPs should ensure sustainability of their services in the long term by reducing reliance
on donor funding and exploring how government, private sector and other funding,
and community ownership arrangements can be strengthened in order to ensure the
sustainability of legal aid service provision.

100
7. LASPs should work with the Uganda Law Society and the Law Council and Police
Stations to allow their services to be advertised at Police Stations for the provision of
legal aid to victims of crime and accused persons.
8. LASPs shall provide legal aid services to the poor, vulnerable and marginalised in criminal
matters. They shall also provide legal aid in civil matters and shall utilise the attached
Means and Merit test (MMT) in determining indigent persons who require assistance.
9. LASPs shall be particularly mindful of the following categories of persons who should be
granted legal aid regardless of the MMT: children in need of care and protection, women
in vulnerable circumstances, immigrants, refugees, asylum-seekers, internally displaced
persons, suspects in criminal proceedings, prisoners, aged, persons with a serious health
condition (including HIV AIDS), or who are mentally fragile, or physically disabled or
unskilled labourers and any other category of people recognised as a vulnerable or
marginalised group by the State and the Equal Opportunities Commission.

101
APPENDIX 3: SAMPLE MEANS AND MERIT TEST

MEANS
1. To qualify for legal aid, an applicant to LASP must have a disposable income of not more
than per annum UGX …………………….and a disposable capital of not more than
UGX ……………………………..
2. Disposable income is defined in the Act as the income of the Applicant during the last
12 months prior to the application after deducting the following:
• ……………………….………. per annum for each dependant of the Applicant
• ………………………………. personal deduction per annum for the Applicant;
• Rent (if any) not exceeding …………………………… per annum;
• Full contribution of the applicant to his NSSF or other retirement savings scheme
account.
3. Disposable capital means the value of property the Applicant owns, excluding:
- the subject-matter of the proceedings,

- the wearing apparel or clothing of the applicant,
- the tools of the applicant’s trade;
- furniture used in his house;
- a dwelling house owned and exclusively used by the applicant and his family as their
home assessed at an annual value of not more than UGX …………………………
- savings of the applicant of up to …………………… (if the applicant is 60 years old
and above); and
- the Applicant’s monies standing in his retirement savings scheme, if any
4. Where an applicant fails the means test but is facing hardship, for instance,
a) where the applicant is suffering from any sudden physical or mental disability which
permanently and severely restricts his capacity to earn an income and where it
appears to the LASP in their discretion to be reasonable to do so to relieve hardship,
b) where the applicant has suffered a sudden loss of income and requires legal aid to
defend or take legal proceedings as a matter of urgency, and where it appears to
the LASP Director in their absolute discretion to be reasonable to do so to relieve
hardship, revise the limit in each particular case as the circumstances may determine.
c) where the applicant is likely to lose their liberty or their livelihood;
d) is a victim of a crime;
e) is a party to a case involving a substantial question of law;
f) is a party to proceedings which may involve the tracing, interviewing or expert cross-
examination of witnesses; or
g) is a party to a case in which the LASP is of the opinion that the person before it
cannot have a fair trial unless the person receives legal representation.

102
5. The Director of the LASP retains the discretion to refuse aid if it appears to him
unreasonable for the applicant to receive it, in the particular circumstances of the case.
Thus, an applicant may, in certain circumstances, still be refused aid even if he passes the
means test.
6. The Applicant will be asked to provide the LASP with documentary evidence of his
income and capital, and to swear a statutory declaration setting out information of his
assets and means. Such evidence may include payslips, receipts for work done, bank
statements, mobile money records, land titles, etc. A signed statement by the LC1
Chairman of his or her village of residence attesting to the applicants’ means may also
suffice.
THE MERIT TEST

7. Once the Applicant passes the means test, the LASP will review the applicant’s case and
prepare a legal opinion on whether there is merit to the Applicant’s case. This is to sift
out unmeritorious claims. The Opinion is reviewed by all the LASP’s legal team who will
decide whether legal aid ought to be granted to the Applicant. In determining the merits
of a case, the LASP should take into account the following:
• the prospect of success in the proceedings;

• the availability of any method, other than court proceedings, for dealing
satisfactorily with the problem, for example, mediation; and
• the probable cost to the LASP of providing legal services as measured against the
likely benefit to the applicant, bearing in mind Guideline 3 on the role of informal
justice mechanisms.
8. If the applicant is successful, a letter affirming the representation by the LASP will be
issued to the applicant.
9. Contribution by the applicant: The applicant may be required to pay a small financial
contribution to the LASP. How much contribution is payable by him or her depends
on his/ her financial means, the nature and complexity of the case, the amount of work
done in the case and the amount of money recovered for the applicant.
The contribution collected goes into the Legal Aid Fund. Legal costs and interest paid by
the opposing party also goes into this Fund.

103
APPENDIX 4: LIST OF RESPONDENTS
Organisation Name District
Uganda Association of Women Lawyers (FIDA) Ajok Lillian Gulu
Uganda Law Society Conrad Luboya Gulu
Human Rights Focus. Peace Elizabeth Gulu
Uganda Association of Women Lawyers (FIDA) Caroline Omvia Karamoja
MIFUMI Ochieng Emmanuel Moroto
Muslim Centre for Justice and Law Sulaiman Kafeero Kampala
African Centre for the Treatment and Samuel Herbert Kampala

Rehabilitation of Torture Victims Nsubuga
Community Legal Action and Integrated Mr. Paul Kavuma Kampala
Development (COLAID)
Uganda Youth Development Link (UYDEL) Mr. Kasirye Rogers Kampala
Uganda Christian Lawyers Fraternity (UCLF) Ann Adikini Buikwe
Association of Human Rights Organisation Fred Kahwaa Kayondo Fort Portal

(AHURIO)
Law Development Centre- Legal Aid Clinic Herbert Kwikiriza Fort Portal

104
LASPNET

Plot 10, Block 75 Balintuma Road, Mengo
P.O. Box 8488, Kampala-Uganda
Tel: +256(0)312513733,
Email: [email protected],
Website: www.laspnet.org
Face book:
Legal Aid Service Providers Network
Twitter: @LaspnetUganda
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Access to Justice for the Poor,

Marginalised and Vulnerable People

Programs and Interventions

Access to Justice for the Poor,

Legal Aid Service Providers Network (LASPNET)

15th December 2015

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

SUMMARY OF THE REPORT 11

1.0 INTRODUCTION AND BACKGROUND 16

2.0 LEGAL, POLICY AND INSTITUTIONAL FRAMEWORKS FOR PROMOTING

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

2.5 National Policy Frameworks 28

3.0 INVESTIGATING THE LINK BETWEEN POVERTY, VULNERABILITY AND MARGINALIZATION

4.0 LEGAL AID AND ACCESS TO JUSTICE IN UGANDA 75

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

4.2.3 Pro bono legal scheme 77

5.0 RECOMMENDATIONS AND CONCLUSION 86

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

Mr. Samuel Herbert Nsubuga,

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

LASPNET acknowledges the financial support of the Democratic

The study on poverty, vulnerability, marginalisation and access

Ms. Sylvia Namubiru Mukasa

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

LIST OF ABBREVIATIONS AND ACRONYMS

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

SUMMARY OF THE REPORT

access to social services.’

Vulnerability on the other hand is

Marginalisation has been defined as “

The United Nations Education and Scientific Cooperation

.’ The Orphans and Vulnerable Children

Causes and Impact of Poverty,Vulnerability and Marginalisation in Uganda

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

Uganda Poverty Trends

Who the Poor,Vulnerable and Marginalised?

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

minority groups are also in this category.

Access to Justice bottlenecks and on-going efforts to address them

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

Conclusion and Recommendations

In view of the above, it is recommended, that:

The reach of legal aid be extended to offer more comprehensive services.

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

It is crucial to ensure sustainability of LASPs by finding alternative sources of

The Law Council should consider allowing LASPs to adverstise in Police

Further and more in depth research would be required to pin-point exactly

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

1.0 INTRODUCTION AND BACKGROUND

LASPNET-Uganda commissioned this study on poverty, vulnerability and marginalisation

It is therefore important to have a comprehensive understanding of the rights holders – the

Report on Poverty, Vulnerability, Marginalisation and Access to Justice in Uganda

1.2 Objectives of the study

i. providing baseline information on who the poor, vulnerable and marginalised

1.3 Research Questions

i. What is the definition of poverty, vulnerability and marginalisation in the context of

i. Literature Review: The consultants reviewed a substantial amount of literature;