Deep Dive into

Crime in Uganda
2020
 Deep Dive into

Crime in Uganda
2020
What is crime in Uganda? This report is an open
invitation for all working with criminal justice in
Uganda to identify better practices.

We truly believe basic justice care for everyone is

possible. With data and technology, we co-create high
quality justice based on what people need in today’s
world.

Working evidence-based gives a chance for targeted

solutions, from grass-roots to legislative level.

That’s why we spoke to over 6000 randomly selected

Ugandan adults. We learned about their justice needs.
We heard crime-related problems over and over.

Now we present these results in the form of this Deep

dive into Crime in Uganda report. We hope the results
benefit justice providers in Uganda to create solutions
that eventually grant access to justice for all. Real
justice transformation requires diversity and shared
commitment to a goal. What can you do?
 5

The whole journey of going

through criminal justice
is a very complicated journey,
especially for a layman.
The laws are not easy to
understand and you don’t
understand what you are
facing. It becomes hard,
trying to access justice.
6 CRIME IN UGANDA - 2020 / EXECUTIVE SUMMARY 3

Table of contents

This Deep Dive into Crime is Executive Summary 4

supported by the Swedish
International Development
Cooperation Agency (SIDA) in Introduction to the Study 9
Uganda. We are grateful to the
staff of SIDA in Uganda and Financed by:
Sweden for their support and What are the problems? 23
advice.

This study would not have been a Seeking legal advice 35

success without the considerable
support of the Secretariat of the
Justice, Law and Order Sector Towards resolution 41
(JLOS) in Uganda, who contributed
valuable time and knowledge.
Findings and implications 65

Disclaimer
This report is a living document and subject to revision.
Whenever the report is revised it will be posted at
www.hiil.org/projects. This version of the report
was generated on June 17, 2020.
4 CRIME IN UGANDA - 2020 / EXECUTIVE SUMMARY 5

Executive Summary
One in three Ugandans experience Crime problems are a result of other Key findings of this report suggest
crime-related justice problems. Most problems. Land and family problems that petty crime prevails in Uganda:
commonly, people experience petty in particular can lead to crime. Social theft is almost an everyday
crime such as theft. While severe crime problems, such as poverty and lack of phenomenon and people are
such as violence is not as common, it education, also increase the likelihood unable to solve their problems
has a critical impact on people’s well- of crime in the area. As a consequence with property crime. Local council
being. of crime, people experience loss of courts have jurisdiction over these
income, stress-related illnesses and small crimes, however they are not
Solving crime-related problems loss of time. often utilised. Meanwhile, formal
is difficult. Over a half of all crime justice providers have long case
incidents are abandoned by the victim. This report features two types of backlogs. The rate at which crimes
When people do take legal action, they data: quantitative survey data, and are resolved is low: over a half of
most often seek help from the police or qualitative interviews with Ugandan the crime cases are abandoned. A
their family members. However, crimes criminal justice providers and some better balance between the formal
without clear evidence, especially petty laypeople. The quantitative survey and informal justice systems could
crime often remain unresolved. Many data presents crime that people have help to manage large caseloads
who experience crime also suffer from experienced and the impact it had and provide Ugandans with greater
lack of funds and legal knowledge in on their lives. Hence, it focuses to the access to justice. We need more local
the resolution process. Many cases are viewpoint of the victim. The qualitative innovation that can help in providing
abandoned before they are officially interviews focus on more serious crime tools to increase the resolution rate
reported. Our findings suggest that as well as the configuration of the of crimes.
only a small portion of crimes are criminal justice system. We identify
reported to the police or a court of law. gaps in the criminal justice system in
Eventually unreported crimes can even Uganda and bring examples on what
lead to mob justice. works to bridge these gaps.
6 CRIME IN UGANDA - 2020 / EXECUTIVE SUMMARY 7

34% 74%
Common criminal
justice problems:

of people have ▪ theft of people seek

encountered crime ▪ burglary, robbery legal advice – most
in the past four and damage to people ask advice
years property from their social
networks

77% 64%
of people take criminal justice
action to solve their problems are not
criminal justice resolved or are
problem waiting for
a resolution
8 9

1
Introduction
to the Study
10 CRIME IN UGANDA - 2020 / INTRODUCTION 11

Methodology
Crime-related legal problems are one This particular Deep Dive report The results of this report are based Demographics of the sample
of the most frequent and pressing focuses on individuals who reported on HiiL Justice Needs and Satisfaction • A bit more than half (52%) of the
justice needs in Uganda. In 2015, recent experience with a crime-related quantitative data set from 2019, and sample is female.
HiiL conducted a Justice Needs and problem as their most pressing justice complementary qualitative interviews
• The mean age is 33 years. More than
Satisfaction survey in Uganda, resulting need. The report reviews these justice collected in 2018.
a half (55%) of the respondents are
in a report describing the population’s problems, their consequences and
Quantitative research methodology between 25 and 54 years of age.
needs for fair solutions. The report possible solutions, and examines
made evident that in Uganda, the specific issues related to encountering • Around 80% of the respondents
The quantitative research data consists come from rural areas.
three most prevalent legal problems a crime.
of 6129 randomly selected adult
are in the domains of family (and • Many (37%) of the respondents are
First, this report outlines the HiiL individuals who were interviewed
namely divorce), land, and crime. These married monogamously, and some
methodology. We then introduce the during June and July in 2019. They were
problems need further investigation in (6%) are in a polygamous marriage.
most common crime-related justice asked to report any justice problems
the form of a Deep Dive report. 7% are married, but live separately.
problems in Uganda. Next, we explore they have encountered in the past
Another 30% are single and have
HiiL publishes special reports on all of what Ugandans do after experiencing four years. Our standard approach
never been married, while 4% are
these specific problems to provide in- various crimes and how they evaluate is to disaggregate results based on a
divorced. Widow(er)s make up 6% of
depth knowledge on their prevalence, the outcomes of their justice journeys. number of variables, such as gender,
the sample.
causes and consequences. These Finally, we present key findings and income, education, and other relevant
demographic factors.1 • The average household size consists
reports feature quantitative Justice action points for future development.
of 4,3 people.
Needs and Satisfaction data from 2019
and qualitative data from 2018. To • Seventy percent of the people
improve access to justice, we analyse interviewed have one or more
this data and examine gaps or knots in child(ren). On average, people have
the system to attain fair remedies for 1,9 children aged 14 or younger.
these justice problems. • Many respondents are self-
6129 employed (36%), followed by people
who are engaged in informal work
adults interviewed (18%) and people who work for an
employer (12%). Nine percent of
the respondents are carers, and 8%
temporarily unemployed.
1 We only report differences if they are statistically
significant at a 10% level or better.
12 CRIME IN UGANDA - 2020 / INTRODUCTION 13

• 9% have completed no (formal)

education. Almost three quarters
(70%) have completed primary or
Collection and analysis of the
qualitative data followed a process
of best research practices. First,
What works?
secondary education. A considerably interviewers were trained on how
smaller group has completed to conduct in-depth interviews and
vocational training (13%) or specific subject matters of criminal
university/postgraduate education justice. A thematic outline for the
(7%). interviews was developed. Then, There is a paradigm shift towards Identify evidence-based
data was collected, recorded and evidence-based working taking practice (EBP). International
Qualitative research methodology transcribed. Next, the interviews were place in the justice sector. In the literature contains evidence
coded in Atlas.ti. The coding process end of the report, we will introduce which supports or invalidates
The qualitative data for this research ‘what works’ alongside with the key interventions to justice
followed a combination of applying
was collected by trained HiiL staff findings. The ‘what works’-sections issues. These interventions
researcher’s knowledge of criminal
members. The interviews were contain evidence-based, actionable can be tested and the quality
justice in Uganda, and addressing
conducted from October to November interventions that can be applied by of evidence that underlies
concurrent themes in the interviews.
in 2018 during field visits in Kampala, justice workers, organizations and them can be classified, in
The codes were peer-reviewed and
Arua, Soroti and Kabale. A snowball users. order to define actionable
combined into the broader themes, on
method was applied to identify recommendations that
which this deep dive report is based. The guideline approach to what
respondents: the selection was based practitioners can apply in
Hence, the themes presented in this works
on access to networks and gatekeepers practice.
report are based on several mentions
willing to collaborate for this research.
in the interview the data. The featured One way of finding out what works Combine PBE and EBP. Test
We collected a total of fourteen (14)
comments intend to conceptualise can be done by developing a set whether the suggested local
criminal justice problem interviews, of
the findings from the survey and the of recommendations, which forms practices (practice-based
which eleven (11) are justice provider
interviews. The comments are selected a guideline. The following three evidence) are consistent
interviews and three (3) are layperson
based on their representativeness and elements of the guideline approach are with the recommendations
interviews.
suitability to report (i.e. no personal highlighted: (evidence-based practice).
With the qualitative data we aim to information is disclosed). However,
gather deeper insights about access the findings identified are based on a Identify practice-based Find all steps and the full guideline
to justice after experiencing crime. bigger group of comments than only evidence (PBE). Local justice approach on www.hiil.org.
What are the underlying causes of the featured ones. workers from the informal and
crime? What do these problems look formal sectors have gathered
like from the perspective of the formal best practices for resolving
and informal justice institutions? Why pressing justice problems
some people go to courts, others to through their experiences in the
Local council courts, and others simply field. These best practices can
do nothing? How do legal problems be collected from government,
impact people’s lives? To what extent local, and civil society leaders.
do people manage to reach fair
resolutions?
14 CRIME IN UGANDA - 2020 / INTRODUCTION 15

Fact sheet: Uganda has a mixed legal Crimes can be reported to the

criminal justice system of Common law and

customary law. In case they are in
conflict, statutory law prevails.2
Uganda Police Force (UPF) by
contacting the local police station
either by phone or in person.5

in Uganda
The Judiciary was established in Local council courts (LCC) are
the 1995 Constitution. The courts subordinate to the Judiciary.6
of the Judiciary are independent LCCs are an integral part of the
of the other arms of government. justice system, and act as liaisons
They include the magisterial between formal and informal
courts, the High Court, the Court justice providers. They are the
of Appeal and the Supreme lowest units with administrative,
Court. The Judiciary is headed by legislative and judicial powers.7
the Chief Justice and deputised LCCs are formally mandated
by the Deputy Chief Justice.3 to deal with civil disputes and
The constitution remains the decide on low impact crimes such
supreme law in Uganda and is an as theft and assault.8 They also
important source of criminal law, have jurisdiction for the trial and
which is mainly retributive.4 determination of land disputes
of customary tenure and matters
involving children under the
Children Act.9

1 Land Act (Cap. 227). www.ecolex.org/details/legislation/land-act-cap-227-lex-faoc096350/

2 Judicature Act. www.ulii.org/ug/legislation/consolidated-act/13

3 Mahoro, B. Uganda’s Legal System and Legal Sector. GlobaLex.
www.nyulawglobal.org/globalex/Uganda.html
4 Robins, S. Restorative approaches to criminal justice in Africa. The Case of Uganda. In: African Human
Security InitiativeThe theory and practice of criminal justice in Africa.
www.files.ethz.ch/isn/104299/MONO161FULL.pdf
5 Uganda Police Force. FAQ. www.upf.go.ug/faq/
6 Mahoro, B. Uganda’s Legal System and Legal Sector. GlobaLex.
www.nyulawglobal.org/globalex/Uganda.html
7 Pepperdine Law. Surf Report. Legal Framework for Local Council Courts.
www.lawcomm.pepperdine.edu/legal-framework-for-local-council-courts/
8 The Local Council Courts Regulations, 2007.
www.mlhud.go.ug/wp-content/uploads/2019/03/Local-Council-Courts-Regulations-2007.pdf
9 Ibid.; Children Act. www.ulii.org/ug/legislation/consolidated-act/59
16 CRIME IN UGANDA - 2020 / INTRODUCTION 17

Previous research on
criminal justice in Uganda
This report builds on a body of of insufficient resources and sub- the results of a victimization survey Factors Which Predict Violence
research on the criminal justice system optimal use of existing resource, delays carried out by the United Nations Victimization in Uganda (2014)12
in Uganda. This research has been occurred at all stages in the formal African Institute for the Prevention of
conducted over the past two decades criminal justice process. Prisons were Crime and the Treatment of Offenders In 2014, the Pan African Medical Journal
by a diverse range of national and overcrowded, and caseloads were (UNAFRI). UNODC crime victim (Lincoln Fry) conducted a logistical
international agencies. Their main excessive. surveys consist of an internationally regression analysis of data from a 2011
findings are summarized here. standardized questionnaire. The Afrobarometer survey to identify six
The survey also consisted of an Uganda survey found that in 2007, factors that predict physical violence
A Criminal Justice Baseline Survey end user survey, which used both theft of livestock was the crime in Uganda. In order, these included:
(2002)10 quantitative and qualitative techniques most frequently experienced by being the victim of a property crime;
to assess perceptions of JLOS respondents. Victims were most likely age; gender; fear of crime in the home;
In 2002, the Justice Law and Order institutions, access to and quality poverty; and residential crowding. The
to report criminal offenses to the
Sector of Uganda (JLOS) used existing of justice. There was considerable survey found that respondents tended
police in order to recover property
records to carry out the first criminal regional variation in the respondents’ to be re-victimized: roughly 60% of
(most commonly, a stolen car). Over
justice baseline survey in Uganda. views. The survey results show that violence victims were also property
two-thirds of respondents reported
The survey revealed significant Ugandans have a general perception crime victims.
that the police force was doing a very
gaps in crime reporting from police that JLOS staff misuse their powers and good or fairly good job at preventing
regions. Although most crime in discriminate in favour of those who can National Governance, Peace, and
and controlling crime, yet many victims
Uganda was committed in rural areas, pay for their services. Security Survey (2017)13
shared that they did not report certain
crime committed in urban areas was
crime incidents to the police because In 2017, the Uganda Bureau of
disproportionately reported. JLOS Victimization Survey in Uganda
they did not believe they would take Statistics (UBOS) carried out a survey
estimated that crime is under-reported (2008)11
action, or because there was no proof. in the areas of: human rights and
by 50%, and found that the rate of
crime resolution was low. As a result In 2008, the United Nations Office on access to justice; governance; peace
Drugs and Crime (UNODC) published

10 Justice Law and Order Secretariat. A Criminal Justice Baseline Survey of the Justice Law and Order Sector 12 Fry, L. Factors Which Predict Violence Victimization in Uganda. Pan African Medical Journal. 2014.
of Uganda. 2002. www.commonlii.org/ug/other/UGJLOS/report/R1/1.pdf www.ncbi.nlm.nih.gov/pmc/articles/PMC4405064/
11 United Nations Office on Drugs and Crime. Victimization Survey in Uganda. 2008. 13 Uganda Bureau of Statistics. National Governance, Peace, and Security Survey. 2017.
www.unodc.org/documents/data-and-analysis/dfa/Victimization_survey_Uganda.pdf www.ubos.org/wp-content/uploads/2018/07/The_GPSS_Report_2017_12_7_2018.pdf.
18 CRIME IN UGANDA - 2020 / INTRODUCTION 19

Glossary of legal problems

mentioned in the report
and security; and gender issues. The is experienced in practical, everyday
survey found low levels of human situations by the general public Legal problem: a problem
rights, access to justice, and trust in worldwide. In the 2019 edition, Uganda that is solvable by legal
public institutions. 68% of respondents ranked low in order and security, both means. Includes disputes and
reported that the public security regionally and globally. Its “Absence grievances of a serious kind
forces were effective in combatting of crime” and “Absence of violence between at least two people.
crime in their areas. Gang and land redress” scores were particularly. Of Family problem: in this survey,
disputes were identified as the the three order and security variables, family problems include
primary underlying causes of conflict. only the “Absence of civil conflict” divorce/separation; parental/
80% of the respondents reported score was high. Uganda also ranked custody rights; disputes over
an awareness of conflict resolution low in criminal justice, both regionally maintenance; disputes over
institutions in their communities, and globally. It received low scores child support; inheritance and
yet expressed concern about in “Effective investigations,” “Timely Crime problem: in this survey, wills; forced marriage
discrimination due to economic status. and effectively adjudication,” “No crime problems include theft;
Violence against women was prevalent discrimination,” “No corruption,” “No robbery/burglary/damage to
and recurring. improper government influence,” and property; assaults; other violent
“Due process of law” relative to other crime; sexual offence, drug-
Rule of Law Index: Uganda (2019)14 related crime. Domestic violence: in this
countries in Sub-Saharan Africa. Of the
survey, domestic violence
seven criminal justice variables, only
The World Justice Project Rule of Law problems include physical,
“Effective correctional system” was
Index relies on household and expert emotional or sexual abuse;
relatively high.
surveys to measure how the rule of law intimidation; economic
deprivation.
Land problem: in this survey,
land problems include disputes
over boundaries, use of land,
land titles and ownership, or
lease of land; eviction from land;
division of jointly owned land;
14 World Justice Project Rule of Law Index. Uganda. 2019. transferring ownership of land.
http://data.worldjusticeproject.org/#/groups/UGA
20 CRIME IN UGANDA - 2020 / INTRODUCTION 21

Story of Ann
Ann is a 56-year old woman

I have been detained for criminal trespassing. I however own the land
I am in prison for trespassing in, and a local council member is the one
who witnessed on the land sale agreement. And, yet he is the one who
caused my imprisonment. He still comes to give witness statements in
court and I don’t even know what testimonies he is presenting. These
cases get blown out of proportion when they get to Court… and, my
mother who owns the land in question, goes hungry all the while she
owns this land.

When I was arrested for the first time, I was given a police bond after
spending a day in jail. The second day I was summoned to the Police to
hand in some documents and statements, but instead they put me in
cell. I was treated without dignity. I remember having horrible meals in
a dirty environment. My mother spent the whole day hungry and had
no one to help her ease herself or have a change of clothes. It saddened
me a great deal.

Originally the State Attorney mediated and got us to reconcile and

accept to resolve the matter on clan level, but that decision was not
adhered to. Then, the matter was filed to court. The court allocated a
mediator but for reasons unknown to me, the complainants had refused
to attend this mediation. It seems that the possibility of reconciliation
has failed, so went back in Court.

When we were taken to court, I had to foot the costs of transporting

the case file from Police to court. Later at noon, I was given bail with
sureties and I returned home. At this moment have two types of cases to
attend: the criminal and civil version of the same matter. I have wasted
a lot of time going to court because this case started in 2016 and it
is now 2018. You see, they have never given judgments. I don’t care
whether I win or lose, I just need to get it over with. I am tired of going
in and out of court.
22 23

2
What are
the problems?
24 CRIME IN UGANDA - 2020 / WHAT ARE THE PROBLEMS 25

Theft is the most common

crime in Uganda

Approximately one in three Ugandans MOST COMMON CRIME PROBLEMS

(34%) have encountered crime in the
Almost half of all the
past four years. Petty crime such as people (46%) who
theft (80%), and burglary, robbery and experience crime, Theft 80%
damage to property (20%) make the
vast majority of the criminal justice report crime as the
problems.1 most serious legal
Robbery, burglary, damage to property 20%
problem they have
had.
Assault 6%

Violent crime such as (attempted) murder 3%

or bodily injury

Sexual offence 1%

Drug related crimes 1%

1 The percentage adds up to over 100% due to the question being a multiple response question;
respondents could choose more than one crime problem they have encountered during the past N = 2078 persons with 2316 responses
four years.
26 CRIME IN UGANDA - 2020 / WHAT ARE THE PROBLEMS 27

Crime follows
other problems
Many justice providers also referred When it comes to petty offenders…
to poverty, unemployment and lack of outside of Kampala there are a lot of
education as the root causes of crime. people who steal for example chicken
Theft and violence in particular are or maize, or they have beaten up
the result of insufficient income and someone to take something away
lack of opportunities, and the poor from them. When you examine
can suffer from lowered protection. deeper, you find that a guy ended
Legal problems instigate other legal Violence, attacks, murder… all these This is supported by the survey data: up beating his stepmother because
problems. Crime can lead to other are assaults that you find coming when looking at people who report they wanted to take some food or the
problems, or other legal problems from land disputes. And cases like crime as their most serious problem, harvest from his stepmother, or even
can cause criminal activity. The justice trespass, you find that they all are people from the lowest income group3 from his parents. Education plays a
providers mentioned land disputes rooted in land disputes. (Regional experience more crime. However, key role. But poverty, survival and
in particular as one of the sources State Attorney, Soroti) crime tends to accumulate in the livelihoods are very narrowly linked
for serious crime.2 Disputes over community. Crime in one income to crime. (NGO worker, Kampala)
inheritance or land ownership can group affects the whole society. Being
lead to criminal trespassing, theft and victimised can cause people to resort
violence. to crime themselves.

In addition, underlying causes for Women work a lot and provide Addressing crime is not only a matter There are times when the police need
crime include domestic problems such for the families. Most of the men, of good criminal justice proceedings. professional counsellors’ assistance.
as violent family culture, gender-based especially in villages, are into According to the justice providers, If someone is about to commit a
violence and substance abuse. In the drinking. So, the little money that the especially the young who resort to suicide, and maybe the police find
survey data, 26% of the respondents woman has collected and brought crime are impoverished. Social support him in an attempt, the police just
who experienced crime, reported also home, the man will automatically to prevent crime is equally important rescue him by cutting the rope.
a domestic violence problem. Domestic fight for it. It will lead to domestic as successful case handling. Justice Incarcerating him may not be the
problems compounded with low violence and they even may end providers discussed that in some cases, solution. It is better to get a word of
income can aggravate legal disputes. up killing each other. So, I may not social support can be more efficient mouth from a professional. (Police,
Preventative criminal policy can benefit really say that the perpetrators are intervention than incarceration. These Soroti)
from social work and other forms of men or women, but it goes back cases include especially self-harm or
social support. to the economy and the culture. sexual relations between two minors.
There are low income earners and
their culture is that women are the
hunters for the family. So, culture
and economy cause crime. (Regional
Crimes Officer, Soroti)
3 Highest: >400 001 USH
Medium highest: 200 001–400 000 USH
2 Similar conclusions were made for example in National Governance, Peace, and Security Survey (2017) Medium lowest: 100 001–200 000 USH
by Uganda Bureau of Statistics (UBOS). Lowest: <100 000 USH
28 CRIME IN UGANDA - 2020 / WHAT ARE THE PROBLEMS 29

In relation to poverty and education, These kids… there are even some
Defilement as a crime
the justice providers expressed concern who have dropped out from school.
over the youth’s school dropout rate They admire gangs and join them.
and uneducated youth turning to We need something that can stop
crime and gangs. These concerns are these kids from being attracted to
Many justice provider interviewees We normally see several types of
underlined in areas with large numbers those street kids. (Regional Crimes
from various regions (Kampala, defilement, including juveniles,
of uneducated young people suffering Officer, Soroti)
Soroti, Kabale and Arua) mentioned between 14 to 18 years. We also
from war-inflicted trauma.
defilement4 to be one of the most have registered cases of aggravated
Social support can go a long way in The government should put a policy pressing crime types. In the eyes of defilement of minors, as low as even
the prevention on crime. Institutions of supervising and regulating church the law, the gravity of defilement three year, mostly committed by
such as churches and NGOs can be a activities. There are some which are varies based on the particularities other locals. For instance, a minor
good way of guiding youth away from stopping a specific crime but other of the crime such as the ages of the of three, four, or five years being
criminal activities. Many organisations crimes are committed in the process. perpetrator and victim. In some cases, defiled by adults who are even up
are doing well in social support. For example, there is an organization defilement refers to an intimate to 20 years. This normally happens
However, providing support and which was collecting street kids. An relationship between two teenagers. when the parents do not take care of
training for churches and NGOs could old woman was cooking for them. More often defilement refers to serious these children. Also, there are cases
help them in achieving their potential I think she had some donors and sexual abuse of children. Supporting of children being defiled and raped
in crime prevention. Also collaborating it was a good idea: you collect the families in preventing defilement can on a way to school, right there and
between local justice providers can street kids, bring them home, you be beneficial to crime rate reduction. centre. There is poverty and lack of
help in recognising crime trends in the talk to them and maybe you help. knowledge. Most of the children are
area. But instead, it became a base for the being deceived with little money and
criminals. The kids go stealing and they end up being defiled. An offence
bring the stolen goods home. So, it might take place in a deep village
started as a way to help street kids, where there is no access to justice.
but it became a centre for planning (Police, Arua)
to disorganise the city. So those
organisations should come in but
the government should curb them
at the same time. (Regional Crimes
Officer, Soroti)

4 “Any person who performs a sexual act with another person who is below the age of eighteen years,
commits a felony known as defilement and is on conviction liable to life imprisonment.”
Penal Code (Amendment) Act, 2007. Section 129. https://ulii.org/ug/legislation/act/2007/8
30 CRIME IN UGANDA - 2020 / WHAT ARE THE PROBLEMS 31

Impact of crime
Above all, crime results in a loss of of property-related crimes, while The justice providers noted that loss
income. Stress-related illnesses are victimisation of violence and personal of income and time are common
common consequences of crime as injuries are more often consequences partially due to long and expensive
well, yet not as common as with other of violent crime. case handling in the formal system.
justice problems. Evidently, loss of High reporting or court fees can result
income is more common consequence
Consequences of encountering crime in loss of income. Loss of income also
occurs when the claimant misses work
in order to appear in court.

CONSEQUENCES OF ENCOUNTERING CRIME

When you go to court, it is going to
be delayed and it is costly, especially
Loss of income 67% for farmers who need to spend time
42% in their gardens. You find that every
two weeks they are in court. So, they
Stress-related illness 54% see this as time-wasting. (Regional
61%
State Attorney, Soroti)
Loss of time 48%
48%

Loss of work 13%

14%

Violence against you 11%

17%

Crime
Other problems

N = 4875 persons with

11 244 responses
32 CRIME IN UGANDA - 2020 / WHAT ARE THE PROBLEMS 33

What do people without

a legal problem think?

To assess the legal readiness and Many Ugandans think that this is a
general perception of crime, we rather likely event, with only 15% of
also asked people who have not respondents saying that this event
encountered a legal problem to would be unlikely or very unlikely.
estimate the likeliness of encountering
crime in Uganda. We asked them to
imagine someone breaks into your home.
How likely do you think you might
experience this problem in the next-43
years?
HOW LIKELY DO YOU THINK YOU MIGHT EXPERIENCE
THIS PROBLEM IN THE NEXT 3-4 YEARS?

6% 9% 26% 34% 17% 8%

Very unlikely Unlikely Not likely or unlikely (unsure)

Likely Very likely Do not know

N = 970 persons
34 35

3
Seeking
legal advice
36 CRIME IN UGANDA - 2020 / SEEKING ADVICE 37

People seek advice from

their social networks
Did you seek legal
advice?
Ugandans experiencing crime are DID YOU SEEK LEGAL ADVICE? SOURCES FOR LEGAL ADVICE
likely to seek legal advice (74%). This Sources for legal advice
includes legal advice from informal or
formal sources. 40%
Family
26% 25% 56%
When looking for advice for crime-
related problems, most often people Friend 39%
ask advice from their social networks. 35%
After experiencing crime, people seek 24%
Neighbour
advice from family members, however 14%
that is less often than for other 74% 75% 24%
problems. People seek advice from Police
12%
the police relatively often for crime
Local Council Court 12%
matters; twice as much as for other 10%
problems among those who did look
for legal advice. Lawyer 0%
Crime Other problems 1%

Yes No Crime
Other problems
N = 5159 persons N = 3874 persons with
5949 responses
38 CRIME IN UGANDA - 2020 / SEEKING ADVICE 39

The general population’s level of I think there is a high percentage of The justice providers and laypeople You can’t justifiably say that justice
legal knowledge is low, particularly of people in Uganda who commit crime interviewed surmised that the shortage was served when people go through
criminal justice. It is a concern to the not knowing they are committing a of criminal lawyers negatively affects trial processes not knowing what
justice providers. crime. It is one thing to know that the quality of representation, even in is really happening in court and
you are doing something wrong, cases where one has an appointed without legal representation. Even
The justice providers pointed out and it is another thing to know that lawyer. Inability to ask for legal advice when a lawyer is provided by the
that laypeople are generally unaware you are committing a crime. (NGO can result in inadequate representation state, he appears on the day of the
of specific laws and judicial system worker, Kampala) and inequality of arms in court. case hearing. Things like that. (NGO
operations. Access to legal information worker, Kampala)
and advice is not only crucial when a I think that of course accessing
legal problem occurs, but also during legal advice is a big issue. The whole
the legal process. Low legal awareness journey of going through criminal There are too many people
can be a problem for both the justice is very complicated, especially involved in the case hearing, which
defendant and the victim during legal for a layman. The laws are not leads to character assassination,
proceedings. easy to understand and you don’t especially when the lawyers come
understand what you are facing. and are already biased by the
A shortage of criminal lawyers
It becomes hard, trying to access complainants. And in the case of
can result in people representing
justice. (NGO worker, Kampala) police, they then simply take the law
themselves in court. Entering criminal
justice proceedings, either as a in the complainant’s favour. It is
defendant or a claimant, is confusing Most people don’t know that when corruption. (Layperson, Kabale)
and stressful. Self-representation can you report a case, you are given a
jeopardise people’s ability to present state lawyer. Some fear that they
their best case. might ask for money since in Uganda
there’s nothing for free and some
have never even gone to court. So,
they don’t know the procedures.
(Elder, Kampala)

I met so many imprisoned women,

some of whom were guilty of the
crimes charges against them and
some were not guilty. I also realised
that most of them were ignorant
of the law and barely knew the
impact or interpretation of the court
proceedings. (Layperson, Kampala)
40 41

4
Towards
resolution
42 CRIME IN UGANDA - 2020 / TOWARDS RESOLUTION 43

Many people take action

after encountering crime
Approximately two out of three People take action to address serious
Ugandans take action to solve their violent crime more often than they
Did you
criminal tryproblem.
justice to solveThis is slightly do for property crime. Theft, the most
less often than with
your problem by legalother justice common crime problem in Uganda,
problems. is the biggest category of abandoned
means? crime cases.

DID YOU TRY TO SOLVE YOUR PROBLEM DID YOU TAKE LEGAL ACTION? SPECIFIC CRIME PROBLEMS
BY LEGAL MEANS?

23% 19% 21% 19% 17% 14%

25%

81% 100%
77% 81% 83% 86%
75% 79%

Crime Other problems Theft Robbery, Sexual Drug-related Assault Violent crime
burglary, offence crimes such as
damage to (attempted)
Yes No property murder or
bodily injury

Yes No
N = 5159 persons N = 964 persons
44 CRIME IN UGANDA - 2020 / TOWARDS RESOLUTION 45

Crime problems often

remain unresolved
Why are some crimes not reported?
Almost two in five Ugandans say that
costs of seeking resolution to be higher
than the possible gain. Nearly one in
Contacting the police is distinctly the
most common way to seek resolution
On average, people
they did not believe that doing so three Ugandans did not know what to after experiencing crime. People also spend 120 693 USH
would result a positive outcome. Lack do after experiencing crime, indicating utilise their social networks: family, (33 USD) to resolve a
of evidence, especially for petty theft, a lack of legal awareness and access to friends and neighbours. Local council
can discourage peopleWhyfrom you did not
reporting take any action?
resources. courts are contacted in a little over crime-related problem.
their case. Moreover, people assess the one in ten criminal cases. Only 2% of
criminal cases go to court, and less
than 1% of people take action with a
WHY YOU DID NOT TAKE ANY ACTION? help of a lawyer. Together with the low
percentage of cases reported to the
police, these low rates are an indication
35% of latent crime: the number of cases
33% in administrative records represents
27% a small part of all crime in Uganda.
However, people seem to prefer
21% to include a third party in dispute
16% resolution: only 9% negotiate directly
14% with the other party.
12% 10%
8% 8%

I did not expect Did not know I did not have Problem was Other
a positive outcome what to do enough money not serious
enough

Crime Other problems

N = 1007 persons
with 1352 responses
46 CRIME IN UGANDA - 2020 / TOWARDS RESOLUTION 47

WHO DID YOU CONTACT FOR DISPUTE RESOLUTION? In comparison to other legal problems, their problem, meaning that they
crime-related problems often remain have not sought or no longer seek
unresolved. Over a half of the people resolution to it. This includes problems
CRIME OTHER PROBLEMS reported that they have abandoned that are not officially reported.

Police 44% 16% HasBEEN

HAS YOUR PROBLEM yourRESOLVED?
problem been resolved?

Family member 27% 43%

Crime 29% 8% 12% 52%

Neighbour 21% 11%

Other problems 34% 14% 24% 28%

Friend 20% 17%

Completely Partially On-going No

Local council court 14% 13%

N = 5159 persons

Local public authority 12% 12%

Negotiated directly 9% 39%

with the other party

Formal court 2% 5%

Lawyer 0% 3%

N = 4152 persons with 7008 responses

48 CRIME IN UGANDA - 2020 / TOWARDS RESOLUTION 49

When looking at specific crime Approximately half of the people problems reported to the police are
problems, property crimes are who sought resolution via police more complex to solve, and people
abandoned most often. Violent crimes, found the police to be helpful or very might have higher expectations
such as assaults and sexual
Has offences,
your problem been resolved? helpful. Family members and Local for the police than for the family
are more often resolved. council courts generally receive more members.
How helpful
favourable wasHowever,
evaluations. the thirdtheparty in reaching a resolution?

HAS YOUR PROBLEM BEEN RESOLVED? HOW HELPFUL WAS THE THIRD PARTY IN REACHING A RESOLUTION?

Theft 28% 8% 11% 54% Police 13% 22% 17% 32% 17%

Burglary, robbery, damage

to property 24% 10% 10% 56%

Family member 3% 6% 12% 51% 28%

Assault 49% 9% 14% 29%

Violent crime such as (attempted)

murder or bodily injury 39% 3% 27% 30%
Local council court 6% 7% 13% 42% 32%

Sexual offence 63% 25% 13%

Very unhelpful Unhelpful Neither helpful/unhelpful

Completely Partially On-going No Helpful Very helpful

N = 965 persons N = 638 persons

50 CRIME IN UGANDA - 2020 / TOWARDS RESOLUTION 51

37% of people with a crime

problem receive a complete
or partial resolution
In cases where a third party was
One in four (26%) contacted and the problem was
people resolve their resolved, a majority (55%) of criminal
crime problem by cases reached the solution by a
decision of a third party.
involving a third party. How was the problem resolved?
HOW WAS THE PROBLEM RESOLVED?

The justice sector providers in the I have personal positive perceptions.

qualitative interviews evaluated the We work with all these guys, fantastic
helpfulness of the police to various police officers who take their job
degrees. While they recognise that seriously. The people that think that
the police suffer from incidents of even when they have committed
corruption and malpractice, they crimes, they haven’t committed 28%
credited those officers who follow any crimes. So, I think it is a very 55% Decision by a third party
ethical guidelines. According to the mixed perception. But I think a lot
justice providers, police corruption can of times the police do not do itself a Mediation by a third party
take many forms such as the collection lot of favours as well. (NGO worker,
of unwarranted fees and the favouring Kampala) 10% The issue sorted itself out
of relatives, friends or powerful
6%
leaders in justice processes. However, Solved with my own actions
accusations of corruption sometimes
With the police, it’s all about money.
result from a lack of awareness about
Because when it’s not given, your
lawful fee collection practices.
file will never be attended until N = 296 persons
you realize that they need money.
(Layperson, Wakiso)
52 CRIME IN UGANDA - 2020 / TOWARDS RESOLUTION 53

12% of people with a crime

problem are waiting
for a resolution
A resolution is not always as outcomes are reported in over a half To explore unresolved cases, we case was ongoing due to lack of
straightforward as receiving (53%) of the cases. 15% receive a asked why people think their case is money, and over one in ten reported
compensation for losses. For people decision to their case, which however on-going. This allowed us to identify that they did not know how to resolve
who received an outcome for their does not ultimately resolve their barriers to achieving a resolution, or their problem. Almost 40% of people
crime problem, other aspects of the problem. predictors to a case being abandoned. with an on-going crime problem wait
Over one in five reported that their for actions by other parties.
Why is the problem on-going?
What did the outcome bring to you?
WHAT DID THE OUTCOME BRING TO YOU? WHY IS THE PROBLEM ON-GOING?

Waiting for a third party

to decide the matter
Compensation for loss
32% 18%
of income or property
Waiting for the other
20% party to do something
Understanding what happened 17%
I do not have enough
Perpetrator is punished 16% 21% money
3%
Protection, preventing I do not have time
11%
it will happen again
3% I did not know how to
22%
Receiving an apology 10% 13% resolve the problem

The outcome did not help Other

15%
to resolve the problem
I do not know

N = 317 persons N = 105 persons

54 CRIME IN UGANDA - 2020 / TOWARDS RESOLUTION 55

52% of people
with a crime problem
abandon the problem
Over half of criminal cases are dropping the case are lack of money Legal problems have a tendency to Ugandans seem to agree: over half
abandoned, meaning that the person or knowledge about how to proceed. accumulate: people experience 2,9 of the respondents who have an
either takes no action or stops Long cases were also a source of legal problems on average during a unresolved crime problem believe that
pursuing a resolution after taking frustration: 16% reported that their period of four years. Losing time and they are likely to experience other legal
action. Equally common reasons case took too much time. money, and having diminished well- problems as a consequence.
for not seeking a resolution or being can increase vulnerability to
other problems.
How likely is that you will experience other
problems,
HOW LIKELY IS because
THAT YOU WILL thisOTHER
EXPERIENCE problem is
PROBLEMS,
Why
WHY DID YOU did you
ABANDON THE abandon
PROBLEM? the problem? unresolved?
BECAUSE THIS PROBLEM IS UNRESOLVED?

I did not have enough money

22% I did not know what to do 5% 15% 22% 35% 23%

Resolving the problem was

taking too much time
16%
22% Procedures to resolve the Very unlikely Unlikely Not likely or unlikely (unsure)
problem are too difficult
Likely Very likely
The other party did not
12% cooperate
4% N = 104 persons

13% 11% Other

I do not know

N = 498 persons
56 CRIME IN UGANDA - 2020 / TOWARDS RESOLUTION 57

Navigating the criminal

justice system is difficult
Having access to various justice The problem is that most people Informal and formal justice systems Some think that you must go to
providers in criminal justice has also aren’t sensitized and they don’t have their strengths and challenges. LC1 before to police. So, even if it’s
disadvantages. Ugandans navigate know the procedures to follow. So, The formal system is more readily a rape matter and the LC1 is not
the justice system mainly based on they keep quiet when not helped. available, provides the security of available, she will first wait. If LC1
their suppositions and experiences of (Layperson, Wakiso) official reporting and has the capacity is not around, four days can go by.
the legal options. As the options are to deliver credible adjudication. At the While she still tries to find the LC1,
various, people try to identify which same time, the informal system can the evidence is being washed away.
option would best serve their interests provide emotional and procedural In urban centres, they know that you
or be the most ‘correct’ one. Lack of support, has lower threshold and is can go directly to the police, but in
clarity and legal knowledge causes financially more accessible. The nature the villages, the local people say that
confusion and underreporting. This of the crime problem and the local you cannot go to police before you
can lead some to not report their case options available can also determine report to us. So, it depends on the
at all, eventually leading to impunity whether the victim is more comfortable level of exposure of the victim. It also
and impaired rule of law. A “one-stop- with formal or informal system. depends on the gravity of the matter.
shop” or a clear guideline for legal However, reporting the same case They have learnt that in cases of
action could make it easier for people to two systems can cause delays and murder and defilement there is no
to navigate the justice system. confusion. need to waste time with LCs, they go
straight to the police. It all depends
on how knowledgeable the person is;
the elites go straight to police even
for serial matters. (Regional State
Attorney, Soroti)
58 CRIME IN UGANDA - 2020 / TOWARDS RESOLUTION 59

The role of informal Especially in some regions, clans are As you said, customary is not

justice providers the first instance justice provider for

legal problems. In regions such as the
Teso region, the clan system can be the
something placed by the government
to resolve for example criminal
matters, but people tend to rely on
primary source for help. In some areas, their clan leaders. In Teso, domestic
locals prefer to try and solve their violence cases are approached in
Informal responses to justice I know an aggravated robbery problems in their own community, and a way that instead of reporting to
matters include religious groups and case where this guy robbed from a exclude the formal system before it is the police, first report to elders and
leaders, cultural and clan leaders, church. Usually, he would be taken absolutely needed. Collaboration both see how they can help. The cultural
friends and family. According to the to High Court and be committed, ways could achieve better access to system is still very alive in Teso, and
interviews, they are trusted sources of and he would have stayed in jail criminal justice for Ugandans. the churches are also trying to sort
information, advice and solutions, yet for about a year. This is where the these disputes, especially Pentecostal
their dispute resolution ability in crime nature of the crime needs to be put However, some justice providers churches. You hear people say we
matters is fairly low. In the interviews, into context. He didn’t hurt anyone. share concerns over informal dispute went to church, we talked to pastor,
the justice providers evaluated leaders’ Yes, he threatened with a knife. settlements. The role of informal we wrote an agreement... but it is
best input to be when the matter is Yes, he stole the money. But, do justice is unregulated and not clear: mainly the clan system that is very
relatively small and both parties are you classify the case as aggravated they provide support that can be alive in this region. (Regional State
willing to mediate, or when support robbery? In the end, the church beneficial, but that can also have Attorney, Soroti)
and guidance can solve the issue better leader then went to Court and asked negative implications. This can result in
than criminal justice. Mediation could the Registrar and the Judge to take the use of practices that are not based Sometimes they act
be applied for example in cases of the case out of court because the on the rule of law. Guaranteeing fair unconstitutionally. They don’t do
small theft or theft within a family. As complainants are willing to mediate. procedures that respect fundamental things in a legally acceptable way.
described in the interviews, religious And, it was taken out. Formal is very rights in the informal system could They are declaring that whoever
groups can take ownership over minor welcoming of the informal, but the improve access to justice for vulnerable does this will be caned. They even
parts of the criminal justice process. informal has to be activated. (NGO groups, especially women. have small constitutions. They even
worker, Kampala) banish people from villages. There
is no gender sensitivity. Even the
background, it is all entrenched in
There has not been much
African norms so women do not
engagement with the religious
have a say in such matters. The
leaders but in some cases, where
woman may be the victim but she is
they are a bit enlightened and they
arm twisted to accept a resolution
come to know about it, they assist in
which may not even be favouring her
arresting the criminals, transporting
and her children. So, those are the
them to police, and also in cases of
two things I observed in these clan
mob justice. They try to control it.
things.(Regional State Attorney,
(Police, Arua)
Soroti)
60 CRIME IN UGANDA - 2020 / TOWARDS RESOLUTION 61

Case backlog hinders Not being able to solve a crime matter The sentence guidelines have

access to formal justice in the formal system in a satisfactory

amount of time can lead people to
seek remedy by other means, such
given provisions of reconciliation,
small claims, alternative dispute
resolutions... They are there, but
as contacting the other party directly people disregard them. When you sit
or via an informal justice provider. in court from morning up to around
As we can see from the data, many I have wasted a lot of time going to Limited access to justice or delayed afternoon, being hungry, and your
people experience problems related Court. This case started in 2016, it proceedings can also result in dropped matter has been extended without
to excessively long procedures. Long is 2018 now and, you see, they have cases. The justice providers described proper explanation… then you say
processing times is one of the biggest never given judgments. I don’t care the formal justice system as ‘punitive’, ‘aha, I don’t want this’. And that’s
problems of the formal justice system, whether I win or lose, I just need meaning that mediation is not always why there is a rise in mob action.
and one that negatively impacts the to get it over with. I am tired of the utilised even in cases in which it could People tend to take the law into
overall process. Court. (Layperson, Kabale) be beneficial for both parties. their hands. (Criminal Investigation
Division, Soroti)
Criminal justice is often intertwined These prolonged court processes cause
And for me, as Legal Aid, I always
with land or family problems. Land problems especially with witnesses, as
go for mediation first. I say, “Can
disputes in particular are often they are called to court on their own
you reconcile and settle?” Because
being handled in criminal courts as expense and on several occasions. There is one thing that disturbs me
remember, our mandate is to
criminal cases.1 These land and family Long court proceedings keep the victim a lot and that is adjourning cases
decongest the prisons. And the trial
problems are typically characterised and the witnesses from attending paid from month to month, year after
system, if we start waiting for the
by lack of evidence, need for witness work on court days, especially when year. You bring witnesses just to
whole trial to go on, it will take quite
consultations and word-against- they have to travel to the court by foot find out that the magistrates aren’t
a long time. So, we first advise on
word situations. In these situations, or bike. Many of the justice providers there. You bring witnesses again; the
reconciling and settling. And there
prioritising mediation could help in saw this as a problem. Prolonged magistrate is there but state attorney
are many people who come for that.
reaching solutions more efficiently. proceedings can cause victims to drop isn’t. All that is an expense. In fact,
(Criminal Lawyer, Kampala)
their cases, and eventually create a I am representing the interests of
pathway to mob justice. local people now because I know
Then there are cases where a person what they go through. Eventually
gets into prison, but then gets in they lose interest with the case. The
contact with the complainant and case has merit but the problem is the
they decide that they want to sort judiciary and the police. You reach
out the matter out of court. (NGO court, the police file is missing. There
worker, Kampala) is inefficiency in the judicial system.
(Private Justice Consultant, Kabale)

1 Landnet. Dispute Resolution: The Land

Governance Assessment Framework Technical
Report. www.landnet.ug/landwatch/wp-content/
uploads/2018/04/DISPUTE-RESOLUTION.pdf
62 CRIME IN UGANDA - 2020 / TOWARDS RESOLUTION 63

Role of Local council courts Some justice providers expressed that People might have more faith [in

in criminal justice the politicisation of the LCCs however

does not affect criminal justice as much
as other justice matters. In comparison
LCCs] when it comes to criminal
justice, because there is no benefit.
But when it comes to property like
to land or family issues, criminal law land, the last place people want to
can be clearer and, generally, less go to is the LC1 because if you know
The Local council courts have a LCCs deal with a lot of cases. personal. that this guy knows that I did not
successful function in exercising LCCs could be the solution to vote for him, then even by the time
jurisdiction over small crime matters, police corruption, but they are However, solving criminal cases you show up you’re already worried.
such as small fights and stealing of dysfunctional because as a society demands investigation and (NGO worker, Kampala)
crops. They also guide people if the we’ve shifted from communities to intelligence. This prolongs the
case needs to be forwarded to the more formal approaches. Now we go resolution time. The justice providers
formal sector. However, the lack of to police. (NGO worker, Kampala) suspected that not all LCCs are aware It’s there in books, but the actual
regular monitoring and reduced public of their jurisdiction on criminal bit of it… even if I wrote a file that
trust impedes the LCCs from achieving Local council courts used to work matters. Empowering LCCs to fully is referred and forwarded to the
their full potential. They struggle to but I don’t think people have faith in utilise their jurisdictional power could LC1, they would rather let the file
balance between being a community- them anymore. They have become help in decongesting the formal justice settle here [in the formal system].
based solution venue and providing so political, which means that even system. Nobody will refer actually to the
impartial justice that is not affected by their administration of local justice is LC1 as the LC1 is not also interested
social relations. The strength of LCCs politicised. (NGO worker, Kampala) in the prosecuting of the matter. I
don’t know whether they are really
is their community orientation and
So, as an elder and a representative
11% of the people who informed of their powers in criminal
flexibility – on the other hand, these
things make it difficult for the LCCs to at the LC, when you happen to contacted the police matters, especially in matters
concerning children. They have
find their legitimate place in criminal forward cases of these children to for a crime problem, some powers they hardly exercise
justice. the police, their parents will curse
you and rebel on your family. So, also contacted the in criminal jurisdiction. I think they
need some sensitization. (Regional
The interviewees raised a concern over
the LCCs being too politicised. Council
you end up not involving yourself Local council courts State Attorney, Soroti)
in such issues for fear from the way
representatives (LCs) are elected the villagers will treat you. (Elder, (LCCs).
instead of appointed, which causes Kampala)
some to question their fairness. The
justice providers suspected that this
has resulted in a decline in public trust
in the LCCs. This decline can also cause
distress to LCs who are trying to fulfil
their role.
64 65

5
Findings and
implications
66 CRIME IN UGANDA - 2020 / KEY FINDINGS 67

Justice Gap: What do

people do and achieve?
Crime problems are the most common Impact of crime problems To move on after experiencing crime legal action after experiencing crime.
legal problems in Uganda. 34% of and becoming ‘whole again’, people People abandon problems due to
people have experienced a crime Experiencing crime causes primarily expect restoration for the damage lack of money, not knowing what to
problem during the past four years, loss of money. Other consequences of they have experienced. Resolutions in do, or being frustrated over the long
translating to over 4 million crime crime often are stress-related illnesses criminal justice are not guaranteed: procedure and the time it takes. More
problems every year. Property crime and loss of time. Property crime over a half of crime problems are often crime-related justice problems
is most common: theft and robbery/ being the most common crime type left completely unresolved. This is are abandoned than other justice
burglary make the majority of criminal in Uganda, many balance between over 2,2 million crime problems per problems. Least often action is taken
justice problems, violent crime being the choice of losing money or time: year. Most people take some kind after property crime, such as theft or
less common. Crime often follows reporting and following up with a case of action after experiencing crime burglary.
other problems. Social problems such takes time, which can end up being (77% of people) – on the other hand:
as problems in the family or poverty more valuable than the monetary loss. approximately one in four do not take
can escalate situations towards crime. This unresolved crime can however
The youth especially experience cause lack of trust in other people and
crime, and are at risk of drifting to institutions. The feeling of insecurity
criminal gangs when their education can spark self-actions to prevent and
is disrupted and financial capacities solve crime. Legal and healthy self-
lowered. actions to prevent criminality can
increase personal and communal 34% 29%
security. of Ugandans have of crime problems
experienced a are resolved
crime problem 8% of crime
problems are
partially resolved

12% 52%
of crime problems of crime problems
are on-going remain unresolved
68 CRIME IN UGANDA - 2020 / KEY FINDINGS 69

What works to resolve

crime problems
When the criminal justice delivery chain Innovation can support the justice
works uninterruptedly, it provides the system: an example from Kampala
solutions people need. However, from
the data we can see that people are One example of an innovation that has
not achieving the solutions they need. successfully contributed to prevention
Petty crime often remains unreported, and resolution of crime is Yunga. Yunga
as people do not see the process worth is a Kampala-based company that
going through. Recognising the most provides affordable, next-generation
common reasons why crime occurs security solutions. The Yunga system is
and remains unresolved can pinpoint a rescue digital network that connects
spaces for innovations that can help neighbors to their neighbors, and
thousands of people. neighbors to police in case of an attack
or emergency. When a household
installs a Yunga device, by a press
of a button they can alert the whole
neighbourhood and the police of an
attack or another emergency.
70 CRIME IN UGANDA - 2020 / KEY FINDINGS 71

What works in justice

delivery services
Criminal justice needs court decisions, Deciding Punishing Different crimes need different
especially for the complicated and solutions. After experiencing crime,
most serious cases. However, formal Deciding the case In criminal justice, people expect their loss to be
cases are long, summoning witnesses means helping the need for restored. With violent crime, the
can be difficult and people want more parties to make sanctioning to victim’s physical security has been
low-threshold solutions. Exploring how a decision or achieve prevention threatened. The resolutions should
the informal system or Alternative adjudicating for or retribution is restore the victim’s sense of security
Dispute Resolution (ADR) mechanisms them. Deciding on highlighted. and capability to move on after the
can support the formal system is a way forward is needed to remedy In some cases, in particular when crime. For property crime, restoring
needed. The LCCs are subordinate any criminal justice problem. This norms were violated intentionally, the damage done is evidently related
to the Judiciary and have jurisdiction does not always mean a fully third punishment may be needed as part to restoring the financial resources of
over small crime matters. Their party decision, but the parties can of a solution. Sanctions vindicate the victim. People however also receive
strength is especially in the community be empowered to make a decision in the victim, exact retribution, and apologies and see the punishment
involvement. Yet, they have not cooperation. If parties cannot agree, reinforce societal norms around what as preventative. Resolution also
reached their full potential due to the an intervention of a neutral decision- behavior is acceptable and what is not. provides understanding over what
delayed elections in the past, lack of maker might be needed. This party Punishment can be achieved through has happened, and a closure to the
criminal intelligence, and unnecessary should be trusted by both parties and fines, incarceration, public shaming case. These aspects of resolutions are
forwarding of cases that they actually be available at a low cost. This can for or social exclusion. Punishment may needed in all types of crime, property
have jurisdiction over. Supporting example be a judge or an LC. Deciding have serious side-effects and can crime and violent crime. When
the LCCs in their role has potential to should be achieved in a procedurally lead to new injustices, so it should be possible, meeting to discuss options to
decongest the formal system. just way that builds on the collective proportional and informed by a risk restore the damage done can keep the
intelligence of the parties involved. and needs assessment. situation from causing further cycles
Deciding and punishing are essential in of crime. For example after theft, if the
criminal justice. However, both justice object of theft is no longer available for
users and providers could benefit return, the parties can agree over some
from collecting best practices and other form of compensation. Ideally
developing evidence-based guidelines the victim feels that the injustice was
on what is effective within deciding and compensated, but the offender will not
punishing. drift to further crime because of the
compensation.
72 CRIME IN UGANDA - 2020 / KEY FINDINGS 73

Restoring Respecting The criminal justice procedure is complicated

and confusing for laypersons, who generally
After a criminal act, Respecting is an are unaware of all rules and procedures that
punishments as attitude and can go into it. People who receive legal advice are
per criminal law are be communicated more able to resolve their problems.
important. However, verbally, through
punishment body language and
makes the victim willingness to listen. What works at the system level
whole again only to a limited Victims, offenders, and disputants
extent. Restoring the damage often mention disrespect as a source From the data we can see that not The formal sector can benefit from
is equally important and can of injustice. The police, judges or all crime gets reported. Facilitating specialized courts. These courts have
prevent future harm. Reparative informal adjudicators can remedy victimisation surveys and surveys been observed to reduce reoffending
measures can include actions such this by showing empathy and respect on people’s justice needs reveal the and eventually saving the criminal
as apologizing, paying restitution themselves and by stimulating the situation as people experience it. justice system money. International
or changing behavior for the better. other party to do this (interpersonal The Goal 12 of the Agenda 2063 by research reveals that being “tough on
Restorative justice requires people justice). Confronting each person African Union commits to capable crime” does not work, causing actually
who contributed to harm to listen to dealing with a criminal justice problem institutions and transformational more crime in society. Formal sector
the victim(s), take responsibility and as a unique person who needs the leadership. The Task Force on Justice20 can be improved by investing in the
answer for their behavior, and take best advice possible can motivate and has recommended to focus on police force and prevention, rather
steps to undo the harm they have enable people to seek resolutions problems as experienced by people than tougher criminal sanctions.
caused. rather than abandon their problem. to establish what is the need and Empowering informal and restorative
expectation on the ground, rather approaches can also prevent cycles
than laws and access to formal of crime, as they have been noted to
institutions. Combining the approach result in higher outcome satisfaction
of improving justice delivery within among the victims.
formal institutions and enhancing the
capability of the informal and private
sector can deliver better justice for all
and empower people to seek solutions
that they need.

20
https://www.justice.sdg16.plus/
74 CRIME IN UGANDA - 2019
2020 75

Limitations to the
Methodology
A word of caution about the • Cultural norms may cause people Limitations to the qualitative data views and verbatim quotes from lay
quantitative data to under or over-report problems. people and justice providers. These
Dependency relationships also play Unlike the survey data, the qualitative opinions represent only the ideas of
Our approach includes quantitative a role. data from the interviews are not fully the interviewed respondents. Others
survey data supported by qualitative generalisable. Rather, this qualitative might have radically different opinions.
• We did not include sub-samples
interview data with users of justice. We data help to contextualize the survey As our sample of qualitative sources
for particular vulnerable groups,
also conduct interviews and rounds of data. They describe choices and is limited, the data does not claim to
such as disabled people or victims
feedback with local experts. Despite strategies. Deeper interaction with lay achieve saturation.1
of gender-based violence. We
these efforts, there are limitations to people and justice providers makes
recognise that these are important
the data, just as in every study. possible a more nuanced perspective When a certain point is being made
problems and populations for the
• Some findings are based on on the complex phenomenon of in the report there are usually several
Ugandan society and hope to collect
answers from a limited number accessing justice after experiencing respondents who share a particular
data on their justice needs in the
of people. For deeper details crime. This combination of view. The analysis aims to add
future.
about people’s experiences with methodologies provides both breadth descriptive and explanatory knowledge
• Our standard approach is to and depth to the report. Qualitative to criminal justice problems. What is
specific justice journeys, different
disaggregate results based on a data also help to formulate further important is that such an opinion exists
and larger samples are needed.
number of variables, such as gender, questions for investigation. and is shared by justice providers and/
This can be achieved with, for
income level, education level, etc. or laypeople. By acknowledging these
example, problem-specific research
We only report differences if they The following caution must be views, we can better understand all
instruments.
are statistically significant at a 10% reiterated: the comments featured aspects of family justice, and create
• Some people might not report level or better. in this report cannot and should not a building ground for exchange of
problems due to shame and fear. be generalised beyond the individual experiences.
For example, when people have sources. In the text, we provide
spent time in prison or have had
problems with figures of authority.

1 A point after which the interviews with the same outline do not produce additional information.
76 CRIME IN UGANDA - 2020 77

HiiL publications
Interviewees on Uganda
List of justice provider interviewees

Role Sector Location Data reports

1 Employee CSO Kampala

Justice Needs and Satisfaction, 1st wave 2016
2 Criminal Lawyer CSO Kampala
Family Justice 2017
3 Regional State Attorney Judiciary Soroti
Deep Dive into Land Justice in Uganda 2020
4 Criminal Investigation Division UPF Soroti
Deep Dive into Separation and Divorce in Uganda 2020
5 Regional Crimes Officer UPF Soroti
Deep Dive into Crime in Uganda 2020
6 Legal Officer UPF Kabale
Justice Needs and Satisfaction, 2nd wave 2020
7 Private Justice Consultant Private sector Kabale

8 State Attorney Judiciary Kabale

9 Police (GBSV) UPF Arua

Solutions Research
10 Regional Human Rights Officer Government agency Arua

11 Chief Executive Director CSO Kampala Family Justice Catalogue 2020

List of layperson interviewees

Other
Location
Online Dashboard on Justice Needs in Uganda 2020
1 Kabale

2 Wakiso

3 Kampala You can find the publications at www.hiil.org/projects/

78 CRIME IN UGANDA - 2019 79

About HiiL and the authors

HiiL (The Hague Institute for Innovation THE AUTHORS:
of Law) is a social enterprise devoted
to user-friendly justice. That means Armi Korhonen
justice that is easy to access, easy to Justice Sector Advisor
understand, and effective. We will armi.korhonen@hiil.org
ensure that by 2030, 150 million people
will be able to prevent or resolve
Rodrigo Núñez
their most pressing justice problems.
Justice Sector Advisor
We do this by stimulating innovation
rodrigo.nunez@hiil.org
and scaling what works best. We are
friendly rebels focused on concrete
improvements in the lives of people. Martin Gramatikov
Data and evidence are central in all that Director Measuring Justice
we do. We are based in The Hague, City martin.gramatikov@hiil.org
of Peace and Justice.
Isabella Banks
Research Assistant
PHOTOGRAPHS:
isabella.banks@hiil.org
For more information, visit
www.hiil.org Cover photo: © Armi Korhonen / HiiL
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GRAPHIC DESIGN BY:
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Brand & Design Strategist Page 47: © Nathalie Dijkman / HiiL
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Dikla Cohen
Design Strategist
The Hague Institute for Innovation of Law
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P.O. Box 93033, 2509 AA The Hague
The Netherlands
Tel: +31 70 762 0700
E-mail: info@hiil.org
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