Access to Justice by the Marginalized in Uganda

Access to justice is both a fundamental right and a condition of the rule of law, yet for the marginalized in Uganda, the poor, women, children, persons with disabilities, the rural majority, refugees, prisoners and minorities, it remains more a promise than a reality. This article examines access to justice by the marginalized in Uganda. It sets out the concept of access to justice in its formal and substantive senses, identifies the groups that are marginalized and the barriers they face, and examines the legal framework, comprising the constitutional guarantees of a fair hearing, equality and the enforcement of rights, the institutions of justice, and Uganda's international obligations under the International Covenant on Civil and Political Rights, the African Charter and the Sustainable Development Goals. Through a body of case law, including Susan Kigula v Attorney General, Centre for Health, Human Rights and Development v Attorney General, Uganda Association of Women Lawyers v Attorney General, Law and Advocacy for Women in Uganda v Attorney General and The Environmental Action Network v Attorney General, together with the comparative authority of Airey v Ireland and Gideon v Wainwright, it analyses how the courts have expanded access for the marginalized and where the framework falls short. The article argues that, although the constitutional and judicial foundations are strong, the absence of a comprehensive legal-aid scheme, the cost and distance of the formal courts, case backlog and persistent discrimination keep substantive access to justice out of the reach of most of the marginalized, and it recommends the enactment and funding of a Legal Aid Act, the decentralisation and simplification of justice, the support of public-interest litigation, and legal empowerment.