In order to give old conflict resolution procedures new life, President Yoweri Museveni has expressed support for the application of Alternative Dispute Resolution (ADR).
With Museveni endorsing ADR, a possible route to improving effectiveness and equity in Ugandan society’s dispute resolution processes is highlighted, underscoring the significance of adjusting to contemporary methods while protecting cultural heritage.
President Museveni who was represented by Vice President Jessica Alupo during the first Africa Chief Justices’ Summit on Alternative Dispute Resolution at Mestil Hotel on Tuesday noted that The application of alternative dispute resolution (ADR) has the potential to facilitate community empowerment and ownership while also optimizing dispute settlement procedures. ADR provides a more adaptable and participatory method than traditional litigation, which frequently entails drawn-out court hearings and formal legal counsel.
According to Gen Museveni through fostering communication, negotiation, and consensus-building, alternative dispute resolution (ADR) enables people and groups to actively participate in conflict resolution, fostering social harmony, and fortifying Ugandan society.
He noted that the concept of ADR is not new in Africa. It existed in Africa before the coming of the European colonizers. “The African Jurisprudence and philosophy of law followed the methods of ADR i.e. mediation, arbitration, conciliation, negotiation, etc. I am happy that our Judiciaries are re-aligning themselves to their African roots. The pre-colonial methods of handling disputes must be studied. They have some positive elements, within them, that the present legal systems must emulate.”
“One of the core principles of African jurisprudence was truth-finding. This differs from the current legal system which we inherited from the British. In the current system, one hires an advocate to cover his or her mistakes in a courtroom. The lawyer’s job is to minimize his client’s mistake and maximize his innocence. He is paid to obscure the truth. All attempts to arrive at the truth are thwarted entirely,” he said.
He went on and told the judicial officers that the African jurisprudence has long been dedicated to fostering harmony within societies. Central to this principle is the role of the Judiciary, tasked with impartially mediating disputes to ensure equitable resolutions that leave all parties content. “This commitment to restoring peace and harmony has been deeply ingrained in African systems, where conflicts were seen as opportunities for societal strengthening rather than divisive forces.”
“In his Autobiography, Mahatma Gandhi succinctly expressed this concept, saying that bringing people back together is the real purpose of a lawyer. Therefore, the African conception of justice contains a richness of wisdom from which contemporary institutions might learn a great deal. Africans have traditionally used mediation, adjudication, reconciliation, and negotiation as traditional conflict resolution techniques. These approaches are viable means of promoting harmonious relationships and peaceful cohabitation, especially in post-conflict situations.”
He therefore confirmed that having acknowledged the effectiveness of these conventional procedures, the government is dedicated to assisting the judiciary in increasing the use of alternative dispute resolution techniques. Because, this calculated action not only fits in with African customs but also has the ability to strengthen and revive the antiquated dispute resolution mechanisms, bringing in a new era of peace and unity among communities.
Chief Justice Alfonse Owiny-Dollo in support of Gen Museveni’s call revealed that these cultural and customary values are consistent with our fundamental rights and freedoms. He noted that these pillars will instill faith in the Alternative Justice system (AJS) pathways, cultivate its usage and encourage people to utilize the pathways.
According to Justice Dollo, the Judiciary will formally institutionalize AJS, define its scope and provide for the nature of cases for which recourse to alternative dispute resolution may be made as an appropriate first forum.
“In May 2023, I commissioned a nine-member Committee Chaired by the Hon. Deputy Chief Justice to spearhead the AJS Strategy and pave the future of ADR in Uganda. This Committee is strategically composed of the pioneers of the Masters in ADR Program of Pepperdine University,” he said.
Meanwhile, efforts at promoting ADR are certainly not new in Uganda. Because the Arbitration and Conciliation Act was enacted in the year 2000. But even before that time the Judicature Act, Cap. 13 and the Civil Procedure Rules, S.I. 71 – 1, provided for some forms of ADR including Arbitration.
During the last Financial Year, a total of 1,250 cases were mediated to conclusion out of the 2,210 cases enrolled under the mediation scheme, while a total of 22,092 cases were concluded under Small Claims Procedure, leading to recovery of Shs16,427,273,756. Under the Plea Bargaining Scheme, 2,857 criminal cases were completed at the High Court level and 2,389 in the various Magisterial Areas.
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