Deep Dive into Divorce and Separation in Uganda

Deep Dive into

Divorce and Separation

in Uganda

2020

Deep Dive into

Divorce and Separation

in Uganda

2020

What are the problems related to divorce and

separation in Uganda? This report is an open

invitation for all working with family 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 family-related problems over and over.

Now we present these results in the form of this

report – Deep dive into Divorce and Separation in

Uganda. We hope the results benet 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?

The law is very clear, if

[the relationship] cannot

work out then you can separate.

But it is always hard to divorce.

DIVORCE AND SEPARATION IN UGANDA - 2020 / EXECUTIVE SUMMARY

Table of contents

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 August 10

, 2020.

This Deep Dive into Divorce

and Separation is supported

by the Swedish International

Development Cooperation Agency

(SIDA) in Uganda. We are grateful

to the staff of SIDA in Uganda

and Sweden for their support and

advice.

This study would not have been a

success without the considerable

support of the Secretariat of the

Justice, Law and Order Sector

(JLOS) in Uganda, who contributed

valuable time and knowledge.

Financed by:

Executive Summary 4

Introduction to the Study 9

What are the problems? 23

Seeking legal advice 33

Towards resolution 43

Findings and implications 69

Interviewees 80

HiiL publications on Uganda 82

About HiiL and the authors 84

DIVORCE AND SEPARATION IN UGANDA - 2020 / EXECUTIVE SUMMARY

Going to a family court requires

resources which many Ugandans do

not have. Legal fees are deemed as

unaffordable. Slow procedures concern

many people and professionals. There

is also a cultural stigma around going

to court to ask for a divorce. Women

in particular are under signicant

pressure not to seek divorce in court as

this is considered anti-social behaviour.

Separation is a diverse practice dened

mostly by culture and tradition. It

takes place in informal settings. Little

has been standardized on this path to

justice. People go to family members,

community authorities, cultural

institutions, LCCs, police and many

other processes. Sometimes these

processes work well. But sometimes

they are experienced as confusing. The

lack of binding effect of the decisions

of cultural institutions increases legal

uncertainty. Led by community values

the cultural institutions, including LCCs

are inherently opposed to separation.

Legal awareness is low and people

who need justice can easily become

confused. Women and children are at

greater risk of negative experiences

due to adverse cultural beliefs, unfair

processes and outcomes.

Executive Summary

Family relationships are the most

important building blocks in people’s

lives. Among many other things they

provide love, care, security, income and

prosperity.

Human relationships are complex. This

means that families and partnerships

do not always work. People need to

split and continue further with their

lives. Data shows that in Uganda, this

happens at least 370,000 times a year.

Seven percent of adult Ugandans

encounter divorce or separation.

Women are signicantly more likely

to name divorce or separation as

their legal problem which is the most

serious and dicult to resolve. Poor,

uneducated and rural women and

their children are the most vulnerable

when the family relationship is falling

apart. This requires a specic gender

focus when discussing divorce and

separation.

The impact of divorce or separation

on people’s lives is signicant.

The consequences of divorce and

separation are experienced as

harsher than most other types of legal

problems. Especially in situations of

domestic violence the existence of

accessible paths to justice for divorce

and separation might be a matter of

life or death.

Two avenues exist for ending a family

relationship. Divorce is the process

for dissolving formal marriages.

Separation is the term used in

situations of termination of informal

family relationships. Later in the report

we call such relationships customary

marriages.

When faced with divorce or separation

many Ugandans take active stance.

When faced with divorce or separation,

many Ugandans take an active stance.

Eighty-four percent look for advice

or information on how to resolve the

problem. Eighty-seven percent take

action by involving the other party or

engaging a third party. Most processes

of family separation take place outside

of formal institutions. Family and

community networks is where most

people turn for advice and resolution.

Institutions are engaged less frequently.

Police and Local Council Courts (LCCs)

are the most commonly used justice

institutions in Uganda, yet their users

are relatively few. Even fewer people go

to courts and lawyers to resolve their

divorce or separation problems.

Half of the Ugandan people who

encountered a legal problem related

to divorce or separation managed to

resolve it fully or partially. The two

most often achieved outcomes are

safety for the children and prevention

of violence in the family. These are

positive ndings. Our interpretation

is that family justice in Uganda works

and delivers results. But not everyone

receives fair resolution. The other half

of the people say that their problem

has not been resolved. Relatively

few people believe that divorce or

separation procedures deliver fair

division of property and debt, secure

housing and incomes. This indicates

that a lot can be improved so more

people and families are helped to reach

fair resolutions and continue further

with their lives.

In the last section of this report we

share interventions that can improve

access to justice in divorce and

separation cases. We also identify

actors and stakeholders who can use

the evidence and knowledge from this

report to improve access to justice

when the people in Uganda divorce or

separate.

DIVORCE AND SEPARATION IN UGANDA - 2020 / EXECUTIVE SUMMARY

of Ugandans have

gone through

divorce or

separation in the

past four years

85%

of people seek

legal advice – most

people ask advice

from their social

networks

87%

of people take legal

action to solve

their divorce or

separation

32%

of divorce and

separations are left

without a formal

solution

Introduction

to the Study

DIVORCE AND SEPARATION IN UGANDA - 2020 / INTRODUCTION

Legal problems related to divorce

and separation are one of the most

frequent and pressing justice needs

in Uganda. In 2015, HiiL conducted a

Justice Needs and Satisfaction survey

in Uganda, resulting in a report

describing the population’s needs

for fair solutions. The report made

evident that in Uganda, the three

most prevalent legal problems are in

the domains of family (and namely

divorce), land, and crime. These

problems need further investigation in

the form of a Deep Dive report.

HiiL publishes special reports on all of

these specic problems to provide in-

depth knowledge on their prevalence,

causes and consequences. These

reports feature quantitative Justice

Needs and Satisfaction data from 2019

and qualitative data from 2018. To

improve access to justice, we analyse

this data and examine gaps or knots in

the system to attain fair remedies for

these justice problems.

This particular Deep Dive report

focuses on individuals who reported

recent experience with a divorce or

separation problem as their most

pressing justice need. The report

reviews these justice problems, their

consequences and possible solutions,

and examines specic issues related to

family justice.

First, this report outlines the HiiL

methodology. Then we introduce the

most common justice problems related

to divorce and separation in Uganda.

Next, we explore what Ugandans do in

these situations and how they evaluate

the outcomes of their justice journeys.

Finally, we present key ndings and

action points for future development.

Methodology

The results of this report are based

on HiiL Justice Needs and Satisfaction

quantitative data set from 2019, and

complementary qualitative interviews

collected in 2018.

Quantitative research methodology

The quantitative research data consists

of 6129 randomly selected adult

individuals who were interviewed

during June and July in 2019. They were

asked to report any justice problems

they have encountered in the past

four years. Our standard approach

is to disaggregate results based on a

number of variables, such as gender,

income, education, and other relevant

demographic factors.

Demographics of the sample

• A bit more than half (52%) of the

sample is female.

• The mean age is 33 years. More than

a half (55%) of the respondents are

between 25 and 54 years of age.

• Around 80% of the respondents

come from rural areas.

• Many (37%) of the respondents are

married monogamously, and some

(6%) are in a polygamous marriage.

7% are married, but live separately.

Another 30% are single and have

never been married, while 4% are

divorced. Widow(er)s make up 6% of

the sample.

• The average household size consists

of 4,3 people.

• Seventy percent of the people

interviewed have one or more

child(ren). On average, people have

1,9 children aged 14 or younger.

• Many respondents are self-

employed (36%), followed by people

who are engaged in informal work

(18%) and people who work for an

employer (12%). Nine percent of

the respondents are carers, and 8%

temporarily unemployed.

6129

adults interviewed

1 We only report differences if they are statistically

signicant at a 10% level or better.

DIVORCE AND SEPARATION IN UGANDA - 2020 / INTRODUCTION

• Nine percent have completed no

(formal) education. Almost three

quarters (70%) have completed

primary or secondary education.

A considerably smaller group has

completed vocational training

(13%) or university/postgraduate

education (7%).

Qualitative research methodology

The qualitative data for this research

was collected by trained HiiL staff

members. The interviews were

conducted from October to November

in 2018 during field visits in Kampala,

Arua, Soroti and Kabale. The snowball

method was applied to identify

respondents. Selection was based on

access to networks and willingness

to collaborate for this research. We

collected a total of twenty-three (23)

divorce/separation problem interviews,

of which sixteen (16) are justice

provider interviews and seven (7) are

layperson interviews.

With the qualitative data we aim to

gather deeper insights about access

to justice in situations of divorce and

separation. How do the problems

look in people’s lives? How to these

problems look from the perspective

of the formal and informal justice

institutions? Why some people go

to courts, others to LCCs, and others

simply do nothing? How the needs

for justice impact people? To what

extent people manage to reach fair

resolutions for divorce and separation?

Collection and analysis of the

qualitative data followed a process

of best research practices. First,

interviewers were trained on how

to conduct in-depth interviews and

specific subject matters of family

justice. A thematic outline for the

interviews was developed. Then,

data was collected, recorded and

transcribed. Next, the interviews were

coded in Atlas.ti. The coding scheme

was designed to apply researchers’

knowledge of family justice in Uganda

and identify recurring themes across

interviews. The codes were peer-

reviewed and organized into broader

themes around which this Deep

Dive report is structured. Hence,

the themes presented in this report

are based on several mentions in

the interview the data. The featured

comments are intended to animate

the survey and interview findings. The

comments are selected based on their

representativeness and suitability to

report (i.e. no personal information

is disclosed). However, the findings

identified are based on a bigger group

of comments than only the featured

ones.

There is a paradigm shift towards

evidence-based working taking

place in the justice sector. In the

end of the report, we will introduce

‘what works’ alongside with the key

findings. The ‘what works’-sections

contain evidence-based, actionable

interventions that can be applied by

justice workers, organizations and

users.

The guideline approach to what

works

One way of finding out what works

can be done by developing a set of

recommendations, which forms a

guideline. The Family Justice Catalogue

(developed by HiiL) contains such a set

of recommendations. The following

three elements of the guideline

approach are highlighted:

Identify practice-based

evidence (PBE). Local justice

workers from the informal and

formal sectors have gathered

best practices for resolving

pressing justice problems

through their experiences in the

eld. These best practices can

be collected from government,

local, and civil society leaders.

Identify evidence-based

practice (EBP). International

literature contains evidence

which supports or invalidates

interventions to justice

issues. These interventions

can be tested and the quality

of evidence that underlies

them can be classied, in

order to dene actionable

recommendations that

practitioners can apply in

practice.

Combine PBE and EBP. Test

whether the suggested local

practices (practice-based

evidence) are consistent

with the recommendations

(evidence-based practice).

Find all steps and the full guideline

approach on www.hiil.org.

What works?

DIVORCE AND SEPARATION IN UGANDA - 2020 / INTRODUCTION

Fact sheet:

divorce and separation

in Uganda

According to the Constitution

of the Republic of Uganda

(1995), “Men and women of the

age of eighteen years and above

have the right to marry and to

found a family and are entitled to

equal rights in marriage, during

marriage and at its dissolution.”

Divorces are regulated by

the Divorce Act.

Any married

Ugandan resident can apply for

a divorce. If both parties to the

marriage are African, divorce

may be led to Chief Magistrate’s

court. If either of the parties

is non-African, the petition

has to led in the High Court.

Divorce proceedings include the

following steps:

1. Filing a petition

2. Supporting documents to

the petition

3. Summons

4. Answer to the petition

5. Mediation

6. Hearing

7. Decree Nisi, leading to Decree

Absolute

Marriage procedures are

regulated in the Marriage Act.

Five types of legal marriages are

recognised:

1. Civil marriages

2. Moslem marriages

3. Church marriages

4. Customary marriages

5. Hindu marriages.

For a Muslim or Hindu marriage,

the Marriage Act does not apply.

For the marriage to be ocial, a

certicate with a duplicate has to

be signed immediately after the

celebrations. Marriage can also

be contracted at the registrar’s

oce. A customary marriage can

be converted to a legal marriage

(Church or Civil) by signing the

certicate.

3 Constitution of the Republic of Uganda, 1995.

www.ulii.org/ug/legislation/consolidated-act/0

4 Divorce Act.

www.ulii.org/ug/legislation/consolidated-act/249

5 Divorce Proceedings. Uganda Law Society.

www.elac.uls.or.ug/article.php?id=37

6 Uganda Registration Services Bureau. Legal marriages

in Uganda. www.ursb.go.ug/civil-registration-2/

7 Ugandan Marriage Act. Chapter 251.

www.ulii.org/ug/legislation/consolidated-act/251

DIVORCE AND SEPARATION IN UGANDA - 2020 / INTRODUCTION

Previous research on

family justice in Uganda

This report builds on a body of

research on family justice in Uganda.

This research has been conducted

over the past two decades by a diverse

range of national and international

organisations. Their main findings are

summarized here.

Family Justice in Uganda 2017

In 2017 HiiL report discussed Family

justice in Uganda. The report is based

on survey data with a nationally

representative sample, in-depth

interviews and several group sessions

with professionals. Family problems

in this research include separation,

wills, inheritance, custodial disputes

but also domestic violence. People who

encounter family problems and namely

the female respondents describe them

as very impactful. Most people do

not consult formal sources and go to

their social network. In their quests

for solutions the disputants in family

problems combine various paths to

justice.

The Family Justice report recommends

wider use of the scalability of the

Ugandan LCCs. Family members are

also seen as a source of support,

advice and dispute resolution. Practical

recommendation of the report is to

embrace justice from the perspective

of the users and develop a set of terms

of reference. Such terms of reference

should be based on the explicit needs

of the people for fair outcomes in

family disputes.

Uganda Legal and Judicial Sector

study: formal and informal justice

providers

The World Bank study examines

and evaluates developments in the

JLOS (Justice Law and Order Sector)

institutions. This study consists

of a desk review, an analysis of

studies, one-on-one interviews with

representatives of institutions of the

JLOS and actors within the private

sector, and an analysis of relevant

statistical information.

LCCs and clans bear great

responsibility for disputes. Efforts

to improve access to family justice

should institutionalize links with

and use of the LCCs in collaboration

with the clans or elders. This can be

challenging, because of biases in these

fora, in particular towards women and

children.

The resolution of disputes by

customary leaders encourages

consensus-building among community

members and decisions reached

with their help are generally more

acceptable by the parties. However,

the research asserts that traditional

approaches to justice can reinforce

structural inequalities in society. Care

should be taken to ensure that the

rights of traditionally marginalized

groups like women, children and the

disabled are not compromised.

Access to justice for the poor,

marginalized and vulnerable

The 2017 Access to Justice Trends

Analysis Report has the goal of

increasing learning and sharing,

document good practices and make

recommendations to inform and

shape the future of access to justice

in Uganda. The report highlights

bottlenecks as regards to access to

justice for the poor, marginalized

and vulnerable. It mentions the lack

of confidence in the justice system,

the use of the English language

with illiterate audiences and cultural

and social barriers. An adversarial

system of justice combined with rules

and procedures can be distressing

and disempowering, especially for

vulnerable people.

8 HiiL. 2017. Family Justice in Uganda. https://bit.ly/2ATQYxt

9 World Bank. Uganda Legal and Judicial Sector Study Report. https://bit.ly/2noYUn8

10 LAPSNET. Access to Justice for the Poor. https://bit.ly/2ASdtTg

DIVORCE AND SEPARATION IN UGANDA - 2020 / INTRODUCTION

Justice for refugees

The UNICEF Uganda report points

out that many refugees lack access to

essential services and are facing family

separation.

Rule of Law Index: Uganda (2019)

The World Justice Project Rule of

Law Index relies on household and

expert surveys to measure how the

rule of law is experienced in practical,

everyday situations by the general

public worldwide. According to the

2019 edition, 17% of people dealing

with legal issues in Uganda faced

family-related problems. The most

helpful sources of help are friends and

family. Sixty-five percent of people

dealing with justice issues experience

a hardship. For 25%, this hardship is

a relationship breakdown or damage

to a family relationship. Slightly

more than half of the people (53%)

felt the process followed to resolve

the problem was fair, regardless the

outcome. Fifty-two percent indicate

that the problem is fully resolved, while

19% say that the problem persists.

Justice for women

The High-level Group on Justice for

Women report highlights critical

concerns for women and girls and the

transformational potential of equitable

justice outcomes. According to the

report, women’s justice needs vary,

depending on their socioeconomic

and family status and other sources of

advantage and disadvantage.

11 UNICEF. 2018. Uganda Annual Report 2018. https://bit.ly/2IAB2Ex

12 World Justice Project. 2019. Rule of Law Index. Uganda. https://bit.ly/2IyN8ya

13 The High-level Group on Justice for Women. Justice for Women. https://bit.ly/2IAB2Ex

Glossary of legal problems

mentioned in the report

Legal problem: a problem

that is solvable by legal

means. Includes disputes and

grievances of a serious kind

between at least two parties.

Domestic violence: violence

between family members.

Includes physical, emotional

or sexual abuse; intimidation;

economic deprivation.

Divorce and separation: ending

a formal marriage or informal

cohabitation.

Family problem: in the survey,

family problems include

divorce/separation; parental/

custody rights; disputes over

maintenance; disputes over

child support; inheritance and

wills; and forced marriage.

DIVORCE AND SEPARATION IN UGANDA - 2020 / INTRODUCTION

I am Charity, 37 years, and I have

stayed in marriage for 20 years. I

have six children. The challenges in

my marriage came around when the

rst child was born, we had on and

o misunderstandings until it reached

to a divorce. The rst time when we

almost divorced was after the fourth

child. We reached a court level with the

help of FIDA [International Federation

of Women Lawyers, NGO]. However,

my husband pleaded and I forgave

him. I thought he would change but

it became even worse. So, I decided

to divorce him because it was now

beyond what I could handle: ghting,

cruelty, adultery and so many other

things. I felt my life was really in short.

I made up my mind and decided to

divorce him.

The rst time when he fought me, it

was even in front of my mother, that

thing really touched me. I felt pain

and that day I told him that today

Story of Charity

Charity is a 37-year old woman

is the last day of me and you being

husband and wife. I told him to leave

my house, but he still fought me the

second time in that very week. We had

had mediation by the Police family

protection unit. There I told that I

was divorcing him, and they said that

divorce can only be done in court and

gave me a go-ahead to court to le

divorce.

So, I had to take the case from the

family child protection unit to court,

where I was advised to get a lawyer.

I had no money to pay a lawyer with

six children all at school. So, one of

the lawyers from court told me that if

I can’t aord a lawyer, I should go to

FIDA or Legal Aid Project. There I found

Madam [name], who helped me to face

the court.

Before going to the police, we had

sat down with the clan people several

times, even my family members, my

mother, brother on dierent occasions.

There were times he fought me to

death point and broke my arm. This

is a man who could not change and I

said I wasn’t in the right path, that is

why I made a decision to divorce him.

Some told me that it’s bad to divorce

because you will be lonely and the

children will need both their parents.

I think it’s not bad, because if I had

insisted to stay in the marriage, I

would have lost my life. By the time

of the divorce I had developed peptic

ulcers, and at times I would even vomit

because it would stress me all the time.

Right now, I nd my life easy because I

am living a good life here. I don’t have

a man around but I have everything

else, my children are there, they go

to school, I provide fees and there’s

food. I think that is all because I am

hardworking and provide for myself

and my kids.

What are

the problems?

DIVORCE AND SEPARATION IN UGANDA - 2020 / WHAT ARE THE PROBLEMS

N = 900 persons with

1113 problems

MOST COMMON LEGAL FAMILY PROBLEMS

39%

27%

12%

Divorce or separation

Disputes over child support

Difficulties over maintenance

Inheritance and wills

Disputes over maintenance to

Parental/custody rights

Forced Marriage

in an existing marriage

or from a former partner

Divorce or separation is

the most common

family problem

After the legal problems related to

crime, land, neighbours, domestic

violence and employment family legal

problems are the fth most prevalent

type of justice need in Uganda. Nearly

one in ve people (18%) who had

encountered a legal problem had to

deal with a serious and dicult to

resolve family problem with a legal

dimension in the past four years.

Within the category of family legal

problems divorce or separation makes

the most prevalent category.

Forty-eight percent of the individuals

who report a family problem had to

deal with divorce or separation. If we

look at the whole adult population of

Uganda, we estimate that about 7%

experience divorce and separation

every 4 years. This translates to roughly

370,000 people every year! Considering

that divorce and separation affect at

least two persons (and many more

in reality), this is a justice need that

affects many people in Uganda.

DIVORCE AND SEPARATION IN UGANDA - 2020 / WHAT ARE THE PROBLEMS

Divorce mainly affects poor ladies.

They are vulnerable and helpless,

so they might stay in that abusive

relationship. (Legal Aid Ocer,

Soroti)

More women than men report family

problems as their most serious

problem (70% vs. 30%). Of those who

report divorce or separation as their

most serious problem, 62% are women

and 38% are men. The prevalence

of women describing divorce or

separation as their most serious

problem can be clearly seen in the

impact of such problems.

Poor, uneducated and rural women

and their children are the most

vulnerable when the family relationship

is falling apart. As such, they are

in greatest need for just and fair

resolutions.

Having children increases the

likelihood of encountering divorce,

separation and other family

problems. In 80% of the cases of

separation and divorce there are

children involved. As we discuss

further in the report, the interests

and perspective of the children is an

issue for this type of legal problem.

FAMILY PROBLEMS BY GENDER

38%

Divorce

or separation

Women Men

25%

Other family

problems

75%62%

N = 4175 persons

The difference between

divorce and separation

Divorce is used for dissolution of a

formal marriage. Separation is the

term used in situations of termination

of family relationships that from the

outset are not ocial. Such categories

of family relationships are referred to

as informal, traditional or customary

marriage. Some respondents make

a difference between informal and

traditional marriage.

[The denition] depends on how much

the tradition is being kept. I mean

[informal marriage is] when the two

meet in a bar and before you know

it they have started living together

in the same house and producing

children. Traditional [customary]

marriage is when the man is

introduced by his wife to her family

and they accept him as their in-law.

(LCC Chairperson, Kampala)

In this report, we will look at all

terminations of relationships in

which people cohabitate and/or have

children.

Divorce proceedings are in the

exclusive jurisdiction of the Ugandan

courts of law. Separation is a much

more diverse practice dened mostly

by culture and tradition. As such,

separation can involve a dynamic

mix of diverse participants: the

separating partners, public authorities,

community or family-level institutions.

In terms of conditions, processes

and impact the differences between

divorce and separation are

considerable. Below, we will focus on

the difference between the two from

the perspective of the users of justice

in Uganda. Particular focus will be

placed on the gender aspect of divorce

and separation.

DIVORCE AND SEPARATION IN UGANDA - 2020 / WHAT ARE THE PROBLEMS

Impact of divorce

or separation

The impact of divorce or separation

on people’s lives is greater than the

impact of the other types of legal

problems. This specic legal problem

is also more impactful than the other

family-related problems.

HOW IMPACTFUL WAS THE FAMILY PROBLEM?

0=not impactful at all; 1=extreme impact

N = 4175 persons

0,65

other family legal problems.

N = 189 persons

DIVORCE AND SEPARATION IN UGANDA - 2020 / TOWARDS RESOLUTION

On all dimensions of process and costs

divorce and separation processes

receive lower scores, meaning that

the users of justice are less satised.

A mixed picture emerges from the

perceived quality of the outcome.

Individuals who have experienced

either divorce or separation do not

see that the (formal or informal)

justice processes are restoring the

damage that the problem is causing.

On the other hand, they are slightly

more satised with the distribution of

the assets in divorce and separation

proceedings. This picture of the

perceived quality and costs of the

justice journeys reveals that there

is a big potential to deliver better

justice when people seek to end their

relationship and move forward with

their lives.

Family courts

Going to a court for divorce is

considered a rare and unusual

experience. First, only part of the family

relationships in Uganda are formalized

and as such the courts of law possess

limited jurisdiction. More importantly,

there are many barriers to courts

which affect the justice journeys for

divorces.

For many people going to a court

is a measure of last resort. As we

commented above, about 5% of divorce

or separation cases are referred to a

court. Apparently, only selected cases

make their way to formal adjudication.

According to the quote below, such

trigger for instance might be a serious

and systemic violence.

[People] only go to court when the

domestic violence is too much where

the woman has been battered so

badly or she needs school fees for

the child or property but mostly what

takes them to court is the distribution

of property. (Legal Ocer, Kabale)

Below we delve deeper into the

insights of lay people and justice

professionals on formal and informal

processes for divorce and separation.

Our specic focus is on the perceptions

and experiences with the different

justice journeys.

DIVORCE AND SEPARATION IN UGANDA - 2020 / TOWARDS RESOLUTION

Usually other formal or informal

mechanisms are used before ling a

case in court. Police plays a role when

some sort of violence is involved.

Relatives, elders and others who

have inuence over the parties will

try to mediate and reconcile so that

the dispute is resolved at the lowest

possible level. There are, however,

aspects of divorce that are in the

exclusive jurisdiction of the family

courts – i.e. custody rights and division

of property.

Of course many people - especially

in the villages - start with police and

end up in the courts of law. And

then when it comes to the informal

[system], usually it is the clans, the

family settings, the religious [leaders],

the pastors - yes, that kind of thing.

(Program Specialist, Kampala)

Both parties will get their relatives,

elders especially and parents in most

cases are required to be present,

they sit, the two people mention their

issues, and declare that they cannot

continue living together. And then the

elders will settle, which, [the parties]

agree. And this works when the couple

agrees towards all the suggestions

and processes. But where there is a

conict, like for example if you argue

over the custody of children, or you

dispute over division of properties,

then you have to go back to court,

you have to go to court, and now you

have to go through the normal legal

process of divorcing. (Senior Legal

Ocer, Kampala)

We rst went to the LC and the Police

which did not yield any fruits but

eventually went to Court. (Layperson,

Kabale)

There is also a cultural stigma in going

to court to ask for divorce. Especially

women are under great pressure to

not resort to court to seek divorce, as

this is seen as antisocial behaviour.

Part of the pressure comes from the

immediate family and community who

see divorce as unwanted and even

shameful event. Another part of the

social pressure stems from the position

of women in formal or informal

marriages, and the negative economic

and social prospects after divorce. The

same is true for separation.

That issue of [being in a conict with

the] father of my children, and how

people will hear the fact that we

are divorcing is very, very common.

(Senior Legal Ocer, Kampala)

The challenge [of going to court to

arrange divorce] is that most women

don’t want to reach that extend of

divorce. (Police Ocer, Kampala)

The law is very clear. If the

relationship cannot work then you

need to separate. But it is always hard

to divorce. I mean to convince these

women to reach there because they

look at a lot of things: “when I divorce

now where will I start from”. For many

of them, the man is like the source

of living, he is everything. They have

been with the man for some time, they

have given birth to several children

and think that they cannot even

remarry. (Police Ocer, Kampala)

In most cases women will come and

they tell you that “I can no longer

handle this marriage but divorce is

not an option for me. My parents

will not allow, they will not allow me

to go back. (Senior Legal Ocer,

Kampala)

Women will have so many problems

within the marriage, but they will

always think about their children

rst, their parents and relatives, then

the public image; even for those who

are not educated, they will always

consider these issues. (Senior Legal

Ocer, Kampala)

DIVORCE AND SEPARATION IN UGANDA - 2020 / TOWARDS RESOLUTION

Privacy or the lack thereof in court

proceedings is another reason for

people to avoid courts in sensitive

family matters.

Some experts even talk about “fear of

courts”.

At all levels because it is not easy

when you reach court the people start

unleashing what you never expected

and the gallery is enjoying but you

are feeling very small or belittled.

(Senior Legal Ocer, Soroti)

There people who are scared of court

and when you mention anything

about Court, they gave up on a

case. (Senior Probation and Social

Welfare Ocer, Kampala)

Delay is often the rst association

when lay people and experts talk about

courts. Legal proceedings are long and

hence can take quite a lot of time. As in

many countries, in divorce proceedings

there is a purpose-built delay in the

form of a six-month “cool-down

period” in which people can look at the

matter and try to achieve an amicable

settlement.

Delay, the delayed process, there’s

a lot of delay in court unless parties

have come up to agree at the level

of mediation, the process takes a

lot of time, so the person is always

psychologically tormented until

that day when the court makes its

pronouncement. (Senior Legal

Ocer, Soroti)

In Kabale I have seen a divorce case

going for 5 years without being

completed so really the process in

court and contracting a legal divorce

takes a long period of time compared

to the non-legal process where that

one can take you one day, 2days or

one week. (Legal Ocer, Kabale)

Another barrier on the way to family

courts are out-of-pocket expenses.

Particularly the prospect of hiring a

lawyer to advise and represent in the

matter is unaffordable for many.

People can’t afford these legal fees.

(Senior Registration Ocer, Kampala)

What brings people to us [legal aid

organizations] mainly is lack of

resources. They don’t have money to

hire advocates. (Senior Legal Ocer,

Soroti)

Family courts, however, are not only

seen in a negative light. Adjudication

means that known and predictable

substantive and procedural rules will

be applied and the nal act of the

court will have a binding effect on the

parties. Courts are particularly effective

in dealing denitively with the property

claims which make a signicant part of

the divorce.

DIVORCE AND SEPARATION IN UGANDA - 2020 / TOWARDS RESOLUTION

Cultural institutions

Informal or customary marriages are

dissolved through customary and

informal institutions. Such informal

institutions can involve family

members such as Senga (Fraternal

Aunt), elders, clan heads, LCCs, and so

forth. Separation can also be achieved

bilaterally between the parties in the

relationship. The choice of path to

justice is not straightforward. There

seems to be multiple and sometimes

even competing processes for

dissolving customary marriages.

But when it comes to the customary

marriages, yes, you might not go to

court for a divorce, but you can end

your marriage customarily depending

on what your culture or your tradition

requires. (Senior Legal Ocer,

Kampala)

Unlike the family courts and their

adjudicative approach, the cultural

institutions aim for a mix of mediation,

reconciliation and arbitration. This is

their strength but also their weakness.

On the one hand, this approach is

in line with what people want and

need. On the other hand, non-binding

reconciliation might not resolve the

problem. Another disadvantage of the

approach is that community values can

be preferred over the interests of some

parties. Very often the interests of

women and children might be affected

by the adherence to such values.

They [cultural institutions]

promote settlement. They promote

maintenance of the family tie. But

the legal options mostly, if you go

the divorce route, the marriage

will end and you have very sharp

consequences of it, parties cannot

live together, the children will be

affected because one spouse has to

leave the matrimonial home, and

that aspect of continuity is lost. But

when you have the non-legal option

of mediation through elders, and

so forth, somehow you will nd that

perhaps the people can reconcile,

and the children are looked after by

both parents, and somehow when

the parents are looking after children

you sure of less delinquency. Because

when there is no parental control

children are going to go to the

streets or learn bad habits for lack of

guidance, and end up into criminal

activity because there is nobody

guiding them, or they have nobody

providing their needs therefore they

must ght for themselves. (Deputy

director, Kampala)

You know, in our tradition, it is very

hard to divorce. It is not nice to hear

about a failing marriage. How can

you fail in marriage? How can you

as a woman fail in marriage? How

can you as a man fail to maintain a

marriage? So there are not so many

options that we have culturally.

(Senior Legal Ocer, Kampala)

Ok, In Teso because of their culture

divorce is unheard of. Women

could endure everything that comes

their way in the names of marriage

because it was a taboo to be a single

lady without a man. The clan would

not allow it. (Regional Coordinator,

Soroti)

DIVORCE AND SEPARATION IN UGANDA - 2020 / TOWARDS RESOLUTION

There are accounts of NGOs working

to sensitize cultural institutions

about the interests of the vulnerable,

particularly children, in separation

procedures. Some experts, particularly

from the NGO sector, see a progressive

change. Women are becoming more

empowered and aware of their rights.

This trend, however, is still fragile

and needs improvement to become

sustainable.

Actually we had some programs

involving clan heads and we used to

talk to them about all those things

that whenever they are mediating

such cases, let them have the best

interest of the child at heart because

they are silent victims of our actions

in every single bit of our actions.

(Regional Coordinator, Soroti)

Women are more enlightened about

their rights and everything so the

rules are getting a little bit relaxed.

(Regional Coordinator, Soroti)

Involvement of reluctant parties

and enforcement of the outcomes

of the justice processes of cultural

institutions is particularly problematic.

These processes are built around the

assumption that people participate

voluntarily and comply because of

respect for community authorities.

However, enforcement of court

decisions, namely for child custody and

child support, can also be dicult.

So those processes are there but

many times they are not conclusive.

They don’t give like a long term

solution. Many times these are just

counseling, reconciliatory counseling

or go back and apologize, that kind

of thing. So they may not give you a

long term solution. And many times

even when you go there still you may

not get the help that you were looking

for. But different communities handle

it differently. (Program Specialist,

Kampala)

Experts caution that cultural

institutions are inherently opposed

to separation. Family and community

integrity revolve around stable families.

Separation is in a way a deviation

of this value. Therefore the cultural

institutions might not be objective in

the rst place towards the needs of the

parties, and actively promote family

reunion.

One specic challenge for cultural

institutions is the problem of

ascertaining property rights and the

fair distribution of property in case

of separation. The informal nature of

customary marriages renders it dicult

to prove who owns the property

accumulated during the cohabitation.

After several years of cohabitation,

tracking down individual contributions

to the family property and determining

a fair division of property can prove

dicult. Not surprisingly, women and

children are more likely to be treated

unfairly.

I would say [cultural institutions]

are more accessible, but I wouldn’t

say they are the most effective

because they don’t give the actual

solution. They give like a short term

intervention but not a lasting solution

because many times I mean even

when you are counselled there is a

high probability that this problem

may reoccur. And many times they

don’t aim at actually giving you a

divorce. They try to protect, so they

will make sure a divorce doesn’t

happen, they reconcile. (Program

Specialist, Kampala)

That is always in the talks and the

unending quarrelling but we have

never got a case where they separate

and divide the property. The women

always walk away without sharing.

(LCC Chairperson, Kampala)

The clan leader isn’t elite enough in

taking the decisions on the plight of

the child and taking into context the

best interest of the child, they don’t

have principles of child protection.

He will only check that basing on

what the clan and the culture states.

Say if this woman has been proved

in the household as a woman who is

exercising witchcraft, she must leave,

they will not look at the vulnerability.

(Senior Probation and Social

Welfare Ocer, Kampala)

In comparison to cultural institutions,

the rules and procedures applied by

courts are clearer. Yet, courts are not

seen as accessible. Moreover, the

individuals who use court services are

more likely to have access to expensive

courts. The quote below comes from

an expert whose opinion is based on

her knowledge and status.

The law is clear on divorcing, the

court has discretion to determine who

takes what, and then it is even much

easier to discuss issues of custody of

the children; the process is basically

easy. (Senior Legal Ocer, Kampala)

Local Council Courts

The role of the LCCs is particularly

interesting in the cases of separation.

Legally speaking, LCCs do not

have jurisdiction over divorce and

separation. However as a cultural

institution they are involved. People

seek especially advice and conciliation

from the LCCs. Using their informal

power, LCCs can resolve many disputes

as they are close to the community.

Usually this happens when the

immediate institutions such as family

or clan structures fail to reconcile and

reach an amicable and acceptable

resolution. In that way, the LCCs act

as an informal dispute resolution

provider. Many experts see this as a

positive way of tackling the problem at

the lowest possible level.

The involvement of LCCs seems to have

a positive effect on the whole justice

journey, even in the relatively few cases

of divorce that are taken to courts. The

justice providers shared that evidence

collected at LCC level is used later

on during the preparation of divorce

proceedings in court. Such evidence

is not admissible in court directly but

helps the parties to prepare their

cases.

By the time these cases escalate,

people have gone through clan

meeting and family meetings and

LCCs. It is the LCCs who are going to

say maybe what is happening [with]

these people, [why the] relationship

is becoming toxic. LCCs also try to

resolve. You cannot avoid the Local

Council. (Family Justice Expert,

Kampala)

The local councillor is the immediate

authority to the couple since s/he

always knows the relatives of both

parties. And, at times, it’s the court

of rst instance. (LCC Chairperson,

Kampala)

LC1 is informing courts of law so the

lawyer will rely on the information

that has come from the LC1 whether

biased or not. (Senior Probation and

Social Welfare Ocer, Kampala)

DIVORCE AND SEPARATION IN UGANDA - 2020 / TOWARDS RESOLUTION

As community institutions, LCCs might

not be eager to work towards a fair

resolution of the problem but towards

preserving the community values.

This raises questions about their

impartiality, especially in cases in which

separation is better for the interests

and needs of all or some of the parties.

Another doubt about the impartiality

of LCCs in family cases and particularly

in separation comes from the vested

interests at community level. In small

dwellings where people live in tight

communities and know each other

well, the councillors might be tempted

to take sides. Hence, the ideal of an

objective and unbiased third party is

challenged.

From a gender perspective, LCCs

might be biased against the interests

and needs of women in separation

proceedings. LCC leadership is mostly

male and as such is inclined to pay

more attention to the interests of men.

The role of LC I is to make sure that

we bring together the couples and

in most cases we don’t encourage

separation or divorce. (LCC

Chairperson, Kampala)

Our main role is to ensure that they

don’t divorce because we support no

side to leave their marriage. (LCC

Chairperson, Kampala)

Most of the local councils are relatives

of the local people. And majority

of the LCC chairpersons are men.

Naturally you will nd them siding

with their fellow men. If the LC1

chairman is your father-in-law and

you are bringing his son before

him for a divorce... basically a lot is

compromised at that level. So, when

it comes to things that are technical

such as divorce, I don’t see a very big

role that LCCs can play. (Senior Legal

Ocer, Kampala)

Besides the challenges, cultural

institutions have clear advantages

in resolving family matters and

specically in arranging separation.

Such institutions are embedded

in the community and hence are

approachable and affordable. There

is much less social, economic and

geographical distance to cultural

institutions when people need to sort

out their family disputes.

Usually cultural institutions apply

non-adversarial processes to resolve

problems. They use a mix of mediation,

reconciliation and arbitration to

guide the parties towards a solution.

This emphasis on reconciliation is

experienced as user-friendly and less

stressful when compared with the

adjudication approach of the courts.

Reconciliation is not only seen as a

procedural approach, but also as a

strategy to obtain results that are fair,

and correspond to the interests of the

parties involved.

They will go mainly to the LCC. But

the community that we live in is

male-dominated. There are only rare

cases where we have a female LCC

chairperson, namely in the urban

centers. In the villages we nd that

we do not have any other sources.

(Probation Ocer, Kabale)

Mediation brings about settlement,

you can agree upon custody of

children and how to maintain them,

or how to share family resources

in an amicable manner instead of

ghting tooth and nail….[Cultural

institutions] promote settlement. They

promote maintenance of the family

tie. In the legal options [adjudication]

mostly, if you go the divorce route,

the marriage will end and you have

very sharp consequences of it, parties

cannot live together, the children will

be affected because one spouse has

to leave the matrimonial home, and

that aspect of continuity is lost. But

when you have the non-legal option

of mediation through elders, and

so forth, somehow you will nd that

perhaps the people can reconcile, and

the children are looked after by both

parents. (Deputy director, Kampala)

When it’s contentious it is adversarial

so it is a win-lose, that is it. I don’t

think divorce creates a result of win-

win. (Senior Registration Ocer,

Kampala)

Findings and

implications

DIVORCE AND SEPARATION IN UGANDA - 2020 / FINDINGS AND IMPLICATIONS

Divorce and separation are the most

common family problems in Uganda.

During the past four years, 7% of

Ugandans have experienced this

kind of ending of a relationship. This

translates to at least 370,000 divorces

and separations a year. Divorce or

separation always affects at least two

people, but also children are often

involved. Hence the number of people

affected by divorce and separation is

even greater than the actual number of

divorces and separations.

Impact of divorce and

separation

Legally speaking, marriage types are

regulated by the Marriage Act and

divorce is regulated by the Divorce Act.

However, many people go into a steady

relationship through traditional means

without formalising the relationship.

When the marriage is not established

under the Marriage Act, the Divorce

Act does not apply. Especially those

situations can be dicult to resolve.

Divorce or separation is a very

impactful event in a person’s life – so

much so, that in comparison to other

family problems, people who have

experienced family problems evaluate

divorce and separation as the most

impactful. Ending a relationship usually

means re-arranging everyday life

and re-organising nancial matters

while going through emotions. Most

common consequences of divorce

or separation are stress-related

illnesses (71% of people who went

through divoce or separation), loss of

time (51%) and loss of income (48%).

Majority of people simultaneously

experience multiple of these

consequences. During divorce or

separation, especially women and

children are at disadvantage due to

nancial limitations.

While legally divorce and separation

are two different matters, the impact

and consequences are similar. The

justice system, formal and informal,

should be able to provide solutions to

situations where people are rebuilding

their lives. The building blocks of these

solutions can look similar, despite the

legislational parameters.

DIVORCE AND SEPARATION IN UGANDA - 2020 / FINDINGS AND IMPLICATIONS

Justice Gap: What do

people do and achieve?

A little over a half of people are able

to resolve their divorce or separation

problem fully (34%) or partially (17%).

Approximately one in three (32%)

do not reach any solution to their

case. This means not being able to

conclude a divorce or separation,

or issues related to it. To dissolve

a formal marriage, the procedure

has to go through a court. Many

people however are in long-term

relationships that are not formalised

under the Marriage Act. When these

relationships dissolve, the couple can

need assistance equal to a divorce.

More often than not people engage

informal justice providers for all ends

of relationships, including formal

marriages. Often family members are

involved in the negotiation. In over one

in ten cases also police are involved.

Barriers to reaching a solution, both in

formal and informal justice venues, are

cultural stigma around divorce, fear of

courts, limited nances and delays in

cases. Those who receive a solution,

often report that the resolution did not

restore the damage of the problem.

There is room for improvement in

family justice, and supporting people

through their dicult decisions can

improve the well-being of all involved,

including the children.

7% of Ugandans have

gone through divorce

or separation during

the past four years

Most often the outcome that people

achieve as a result of a legal process

is security for children and absence

of violence. Effective nancial and

housing arrangements are mentioned

less frequently.

18% of divorce and

separation problems

are on-going

32% of divorce and

separation problems

remain unresolved

34% of divorce and

separation problems

are resolved

17% of divorce and

separation problems

are partially resolved

DIVORCE AND SEPARATION IN UGANDA - 2020 / FINDINGS AND IMPLICATIONS

What works to resolve

problems related to

divorce and separation

Advice that people need is more than

mere legal information. The advice that

people seek and get from their social

circle such as family and friends is

mostly helping with emotional needs.

Formal and informal justice institutions

inform people about their rights, help

to connect to the other party or provide

practical information about what to do

or what others have achieved in similar

situations.

When possible, the most effective way

to resolve divorce or separation seems

to be an agreement between the

parties. When the situation demands a

third party, most often the third party

participates by advising the parties

or by mediating and reconciling.

Deciding the matter through a formal

or informal adjudication is practiced

relatively rarely.

When asking what people going

through divorce or separation would

prefer, almost 40% respond ideally a

third party decides for them, and 10%

would prefer a third party to mediate.

This suggests that third parties and

separating couples would benet

from processes that more often lead

to closure with the help of a third

party, instead of pursuing voluntary

agreements for too long.

What works in justice delivery

services

Regardless of the judicial form of the

relationship, when people divorce

or separate, they have similar needs

in resolutions: moving on from the

situation with their needs being met.

Many people seek help not only from a

court, but also from informal sources.

People often mention Local Council

Courts as helpful during divorce and

separation. Family courts are hardly

used as they exercise jurisdiction

only over formal marriages, and their

processes are formal and adversarial.

Informal processes by cultural

institutions, as well as the LCC’s, are

generally appreciated by their users.

Yet some justice providers share a

concern that they may be biased in

their vision of the proper roles and

behaviours of women and men.

Both parties of the

situation have their own

emotions, needs and

interests that should be

uncovered

and recognised. Mapping the unmet

interests and needs and making them

explicit can help in nding a solution

that both parties understand and

accept. Unequal interaction patterns

between the parties may disregard

the needs and fuel the conict.

Emotions such as anger, fear, sadness

or joy are important signals of needs.

Communication techniques such as

active listening, summarizing, and

reframing can give people voice,

building understanding between

parties. Often basic human needs are

at stake and need to be addressed

throughout the resolution process.

Understanding

DIVORCE AND SEPARATION IN UGANDA - 2020 / FINDINGS AND IMPLICATIONS

Implications

While each case of divorce

and separation is unique

with parties that have

their specic needs, t

aking lessons from

other cases can help in uncovering

possible solutions to the case at hand.

Justice providers bring their experience

to the table, while the parties to the

conict can shape solutions during

a mediation process or as part of

a problem-solving court process.

Documenting the decisions properly

is necessary for a nalised agreement.

It is important for the

parties to commit to the

agreement or resolution.

Decisions that restore

what is lost and guarantee

peace have potential in securing

ownership of the decision by both

parties. A closure in a way that both

parties see t can help the parties

to leave the case behind and move

on. Not taking further action or not

appealing can also signal acceptance.

Shaping solutions Accepting

When there are considerable

diculties in reaching a decision

between the parties, a decision of

an authority might be needed. In

these cases the authority should

objectively see both parties’ point of

view, including the children, and help

in deciding the case. A good resolution

makes sure that children involved in

the situation are safe and secure, and

parties involved can continue their life

as uninterruptedly as possible.

These ndings suggest several ways

in which the resolution of disputes

related to divorce and separation can

be improved. The Marriage Bill, put

forward by the Uganda Law Reform

Commission in 2017, proposes a

collection of reforms in governing the

institution of marriage. It proposes

aligning and consolidating the laws

of marriage in Uganda to reect the

socio-economic realities of Ugandan

people. When compared to the

research results, the Marriage Bill

proposal reects the current practices

on divorce and separation in Uganda.

The practice of advice and resolution

can be strengthened by enhancing the

resolution processes that are geared

towards reaching agreement and

closure by a neutral decision-maker

when needed. The data suggest that

many couples and their advisers

succeed in achieving fair outcomes.

As a next step, justice workers dealing

with any separation disputes can be

provided with know-how and best

practice on how to resolve such

disputes amicably. This can include

increased capacity to negotiate and

mediate disputes, and to include

standards and rules for fair solutions.

Such “sharing of rules” has potential

in contributing to the protection of

vulnerable groups, especially women

and children, from the biases that can

result from being subject to informal,

local dispute resolution mechanisms.

Given the impact of especially

unresolved family disputes on

people’s lives, the benets of such

improvements can be very substantial.

Investing in the local resolution

capabilities for disputes relating to

divorce and separation can be an

important contribution to the well-

being of the many Ugandans whose

relationship is facing an end.

DIVORCE AND SEPARATION IN UGANDA - 2020 / FINDINGS AND IMPLICATIONS

DIVORCE AND SEPARATION IN UGANDA - 2019

Limitations to the

Methodology

A word of caution about the

quantitative data

Our approach includes quantitative

survey data supported by qualitative

interview data with users of justice. We

also conduct interviews and rounds

of feedback with Ugandan justice

experts. Despite these efforts, there

are limitations to the data, just as in

every study.

• Some findings are based on

answers from a limited number

of people. For deeper details

about people’s experiences with

specific justice journeys, different

and larger samples are needed.

This can be achieved with, for

example, problem-specific research

instruments.

• Some people might not report

problems due to shame and fear.

For example, when people have

spent time in prison or have had

problems with figures of authority.

• Cultural norms may cause people

to under or over-report problems.

Dependency relationships also play

a role.

• We did not include sub-samples

for particular vulnerable groups,

such as disabled people or victims

of gender-based violence. We

recognise that these are important

problems and populations for the

Ugandan society and hope to collect

data on their justice needs in the

future.

• Our standard approach is to

disaggregate results based on a

number of variables, such as gender,

income level, education level, etc.

We only report differences if they

are statistically significant at a 10%

level or better.

Limitations to the qualitative data

Unlike the survey data, the qualitative

data from the interviews are not

generalisable to any population.

Rather, this qualitative data help to

contextualize the survey data. They

describe choices and strategies.

Deeper interaction with lay people

and justice providers makes possible

a more nuanced perspective on the

complex phenomenon of accessing

justice after experiencing a family

problem. This combination of

methodologies provides both breadth

and depth to the report. Qualitative

data also help to formulate further

questions for investigation.

The following caution must be

reiterated: the comments featured

in this report cannot and should not

be generalised beyond the individual

sources. In the text, we provide

views and verbatim quotes from lay

people and justice providers. These

opinions represent only the ideas of

the interviewed respondents. Others

might have radically different opinions.

As our sample of qualitative sources

is limited, the data does not claim to

achieve saturation.

When a certain point is being made in

the report, there are usually several

respondents who share a particular

view. The analysis aims to add

descriptive and explanatory knowledge

to family justice problems. What is

important is that such an opinion exists

and is shared by justice providers and/

or lay people. By acknowledging these

views, we can better understand all

aspects of family justice, and create

a building ground for exchange of

experiences.

1 A point after which the interviews with the same outline do not produce additional information.

LAND JUSTICE IN UGANDA - 2020 / RECOMMENDATIONS

DIVORCE AND SEPARATION IN UGANDA - 2019

List of justice providers interviewees

Role Sector Location

1 Ocer in Child and Family Protection

Unit

UPF Kampala

2 Senior Legal Ocer CSO Kampala

3 Family Justice Expert JLOS Kampala

4 Deputy director Academic Kampala

5 Program Specialist International organisation Kampala

6 Senior Registration Ocer Government agency Kampala

7 Probation and Health Ocer CSO Kampala

8 Senior Probation and Social Welfare

Ocer

Government Kampala

9 Child and Family Protection Unit UPF Kampala

10 Regional Coordinator CSO Soroti

11 Senior Legal Ocer CSO Soroti

12 Probation Ocer Government Kabale

13 Legal Ocer CSO Kabale

14 LC Chairperson

LCC

Kampala

List of layperson interviews

Location

1 Soroti

2 Soroti

3 Kabale

4 Kabale

5 Kampala

6 Kampala

7 Kampala

Interviewees

Role Sector Location

15 Family Law Advocate Private sector Arua

16 Grade 1 Magistrate Judiciary Arua

LAND JUSTICE IN UGANDA - 2020 / RECOMMENDATIONS

DIVORCE AND SEPARATION IN UGANDA - 2020

HiiL publications

on Uganda

8383

You can nd the publications at www.hiil.org/projects/

Data reports

Justice Needs and Satisfaction, 1

wave

2016

Family Justice

2017

Deep Dive into Land Justice in Uganda

2020

Deep Dive into Separation and Divorce in Uganda

2020

Deep Dive into Crime in Uganda

2020

Justice Needs and Satisfaction, 2

wave

2020

Solutions Research

Family Justice Catalogue

2020

Other

Online Dashboard on Justice Needs in Uganda

2020

THE AUTHORS:

Martin Gramatikov

Director Measuring Justice

martin.gramatiko[email protected]

Armi Korhonen

Justice Sector Advisor

[email protected]

Rodrigo Núñez

Justice Sector Advisor

[email protected]

Tim Verheij

Justice Sector Advisor

[email protected]

GRAPHIC DESIGN BY:

Paulina Kozlowska

Brand & Design Strategist

Dikla Cohen

Design Strategist

HiiL (The Hague Institute for Innovation

of Law) is a social enterprise devoted

to user-friendly justice. That means

justice that is easy to access, easy to

understand, and effective. We will

ensure that by 2030, 150 million people

will be able to prevent or resolve

their most pressing justice problems.

We do this by stimulating innovation

and scaling what works best. We are

friendly rebels focused on concrete

improvements in the lives of people.

Data and evidence is central in all that

we do. We are based in The Hague, City

of Peace and Justice.

For more information, please visit

www.hiil.org

www.justice-dashboard.com

About HiiL and the authors

DIVORCE AND SEPARATION IN UGANDA - 2019

PHOTOGRAPHS:

The Hague Institute for Innovation of Law

Fluwelen Burgwal 58, 2511 CJ The Hague

P.O. Box 93033, 2509 AA The Hague

The Netherlands

Tel: +31 70 762 0700

E-mail: [email protected]