Prosecuting International Crimes in Africa - PULP - University of ...

Prosecuting international crimes by the LRA in Uganda 213
Constitution gives the DPP the discretion to institute, take over or
discontinue any criminal proceedings. In exercising his discretion, the
DPP is required to have regard to the public interest, the interests of the
administration of justice and the need to prevent abuse of the legal
process. 99 International treaties, although ratified by the executive, have
no legal force until they have been domesticated by Parliament. 100
Judicial power in Uganda is constitutionally vested in courts of
judicature which are established in a hierarchal manner from the Supreme
Court, as the most superior court, followed by the Court of Appeal (which
also doubles as the Constitutional Court), the High Court and other
subordinate courts (including magistrates courts). 101 These courts exercise
both criminal and civil jurisdiction. It is important to note that since
independence, Uganda’s judiciary has faced a number of challenges. The
institution was almost annihilated during the era of Idi Amin, when the
Chief Justice was abducted by security operatives from his office and has
never been found. During this time, formal judicial institutions were
replaced by ad hoc military tribunals which operated under military
decrees in total disregard of due process rights. Although one may argue
that the period since 1986 has witnessed stability and registered
improvements in the judiciary, the institution still faces a number of
challenges.
The biggest challenge which the institution has faced since then is
assaults on its independence by the executive arm of government. 102
Events providing evidence of this are well-documented. For instance, in
2004 the President openly attacked judges of the Constitutional Court after
a ruling which was favourable to the political opposition. The President
accused the judiciary of being staffed by persons sympathetic to the
opposition; he promised to sort them out. 103 Two years later, gun-wielding
government security operatives invaded the High Court premises,
assaulted legal practitioners and re-arrested treason suspects released on
bail and had them arraigned before military courts. 104
In addition to assaults on its independence, the judiciary has over the
years faced numerous logistics-related problems and continues to be
understaffed. The recently published National Development Plan (NDP)
acknowledges inadequate financial and human resources as one of the
99 Art 120(5) Constitution of Uganda, 1995.
100 Sec 4 Ratification of Treaties Act, Ch 204, Laws of Uganda 2000.
101 Arts 129 – 138 Constitution of Uganda, 1995.
102
J Oloka-Onyango ‘Judicial power and constitutionalism in Africa: A historical
perspective’ in M Mamdani and J Oloka-Onyango (eds) Uganda: Studies in living
conditions, popular movements and constitutionalism (1994) 470.
103 C Mbazira ‘Dream deferred? Democracy and good governance: An assessment of the
findings of Uganda’s Self-Assessment Report under the African Peer Review
104
Mechanism’ (2008) Human Rights and Peace Centre Working Paper 19, October 2008.
International Bar Association Judicial independence undermined: A report on Uganda
(September 2007).