In the annual Uganda Police Report of 2023, 10,741 child-related cases were reported to the Police, 1,008 cases were taken to court. Out of these cases, 70% are still pending in court. Uganda currently operates seven remand homes and one rehabilitation facility, all of which suffer from overcrowding and limited staffing. This is a clear indicator of the urgent need for alternative approaches like diversion that can help reduce the burden on the justice system, offer timely interventions while prioritizing the well-being and rehabilitation of these child offenders.
Diversion is a strategy developed in the juvenile justice system to prevent young people from committing crimes. It redirects child offenders from the formal judicial proceedings to alternative measures like counseling, community service, or rehabilitation programs.
In Uganda, the Local Council Courts are responsible for handling minor cases involving children, such as theft and assault. As the first point of contact for these cases, they focus on non-custodial measures like compensation, apology, caution, and community service. Local Council Courts cannot impose imprisonment or corporal punishment, emphasizing restorative justice instead. Fit Persons, often older women vetted for suitability, and Mediators play a significant role in resolving children’s cases outside formal settings thus helping children avoid police involvement. This community-driven approach is beneficial as it promotes early reunification of children with their families and enhances community acceptance of non-custodial sentences.
Why diversion?
Diversion is community-centered, emphasizing the vital role that parents, families, and local communities play in the upbringing and social integration of children. Local Council Courts have been effective in achieving this by using alternatives like compensation, apology, restitution and community service, which are well accepted by communities and promote non-custodial sentences. Beyond this, the Local Council Courts also offer several other benefits: proceedings are conducted in the local language, making them easily understandable and accessible, especially for poor families. They operate informally, without lawyers, which helps simplify matters and makes the process less intimidating for children. Their flexibility in convening at any time and their emphasis on speed further ensure that cases are resolved quickly and effectively, fostering a supportive environment for children in conflict with the law.
Where is the gap?
The gap in diversion lies in its inconsistent implementation and limited availability. While diversion programs have the potential to prevent young offenders from entering the formal justice system, in practice, many children in Uganda still face detention and formal prosecution due to a lack of resources, awareness, and trained personnel to effectively apply diversion measures. The absence of comprehensive community-based rehabilitation programs, insufficient collaboration among stakeholders, and a lack of clear guidelines on how to implement diversion consistently across the country contribute to its limited use. Additionally, existing diversion programs often lack the necessary funding and infrastructure, resulting in children not receiving the timely interventions they need to be rehabilitated and reintegrated into society.
What can be done?
One of the ways of addressing these gaps is capacity building trainings. This applies to both the Local Councils and Police. These stakeholders play a critical role in implementing diversion and need to fully understand their responsibilities within the process. The Ugandan government has already introduced guidelines for the police to follow when it comes to diversion, but without proper training, these guidelines may not be effectively implemented.
The other way is through community engagements for instance, education and awareness campaigns about the benefits of diversion such as reducing the rate of re-offending and promoting positive reintegration can foster a more supportive environment. Additionally involving local leaders, schools, and families in the development and implementation of diversion initiatives can create a sense of ownership, ensuring that the community actively participates in guiding young offenders toward productive paths.
