Reflections on the Crucial Role of the Judiciary in Enforcing the Sustainable Development Goals
Sustainable development is premised on the UN Sustainable Development Goals (SDGs). The SDGs are a collection of 17 interlinked goals aimed at achieving a better and more sustainable future for all by 2030. The role of the Judiciary in the implementation of the SDGs is specified under Goal 16.
The judiciary plays a vital role in implementing the Sustainable Development Goals (SDGs), particularly SDG 16 which provide as follows: “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.” In his keynote address during the first Uganda National SDG Conference in June 2022, Chief Justice Alfonse Owiny Dollo highlighted the connection between the rule of law and SDGs, emphasizing that justice institutions are pivotal in achieving SDG objectives such as eradicating extreme poverty and promoting shared prosperity.
In addition to SDG 16, the Judiciary directly contributes to the implementation of Goal 5 (Achieve gender equality and empower all women and girls) and Goal 13 (Take urgent action to combat climate change and its impacts).
One specific area where the judiciary’s contribution is critical is in ensuring access to justice for all. Access to justice is a fundamental human right that enables individuals and communities to seek redress and resolution of disputes in a fair and transparent manner. The absence of access to justice can lead to inequality, conflict, and social unrest, particularly for marginalized communities and vulnerable groups. The judiciary plays a crucial role in guaranteeing access to justice for all. It provides a forum for resolving disputes, interprets, and enforces the law, and upholds the principles of justice, fairness, and equality before the law. Moreover, the judiciary also promotes transparency and accountability, essential elements of good governance and sustainable development. The judiciary checks the powers of the executive and legislative branches of government, ensuring they are accountable to the people they serve. Through judicial review, the judiciary ensures that laws and policies align with constitutional and human rights principles thus preventing abuse of power and promoting good governance.
The Importance of Justice Institutions
Justice institutions play a vital role in promoting a conducive business environment that fosters growth, development, and innovation. They help establish a predictable and transparent legal framework that provides certainty and confidence for investors and entrepreneurs. A reliable justice system is also essential for ensuring fair competition, protecting intellectual property rights, and enforcing contracts, which are critical factors for the growth of businesses and the economy. Furthermore, justice institutions improve access to public services by ensuring that laws and regulations are implemented and enforced effectively. They help protect citizens’ rights, including their right to access public services, and ensure that public officials are held accountable for their actions. By providing a fair and transparent legal system, justice institutions also help foster public trust and confidence in the government, which is essential for good governance.
Justice institutions also play a critical role in fighting corruption, which can undermine economic growth and development. A reliable justice system can help deter corruption by ensuring that those who engage in corrupt activities are held accountable and punished accordingly. By providing a fair and transparent legal process, justice institutions can help create a culture of accountability and transparency that can reduce opportunities for corrupt practices. In his keynote address, Chief Justice Alfonse Owiny Dollo cited a World Bank study that highlighted the economic benefits of reducing case backlogs in Uganda. The study found that reducing case backlogs by just 10% in 2020 could unlock 2,737 UGX million, which could be reinvested in the economy. Similarly, a 20% reduction in case backlogs could unlock almost 5,475 UGX million. This illustrates the significant economic impact that efficient and effective justice institutions can have on a country’s economic growth and development.
The Judiciary’s Role in Political Processes
Justice is an essential component of the political process in any society as it ensures the protection of individual rights and fosters collective action. The appointment of competent and impartial judges and magistrates, the establishment of judicial zones in all regions of the country, and the eradication of corruption within the judicial system are crucial measures towards achieving the Sustainable Development Goals (SDGs) and meeting the National Development Plan (NDP) and SDG targets set for Uganda. The judiciary plays a crucial role in upholding the rule of law and promoting social justice, which is crucial for the development of any nation. When individuals feel that their rights are being protected, they are more likely to participate in political processes and engage in collective action, such as participating in elections, joining civic organizations, and advocating for policy changes.
The appointment of competent and impartial judges and magistrates is vital to ensure that the judiciary can carry out its responsibilities without fear or favor. It is also essential to expand judicial zones throughout the country to ensure that justice is accessible to all citizens, regardless of their location. Additionally, corruption within the judicial system must be eradicated to maintain the integrity of the judicial process. By taking these critical steps towards achieving justice, Uganda can make significant strides towards meeting its SDG and NDP targets, which include reducing inequality, promoting inclusive and sustainable economic growth, and strengthening governance institutions. Ultimately, a just and equitable society is essential for sustainable development and the well-being of all its citizens.
Increased Investment in Justice Institutions
Under Chief Justice Alfonse Owiny Dollo’s leadership, the judiciary in Uganda has made significant efforts to improve its functioning. One of the key steps taken under his leadership has been the hiring of more officers and an increase in their salaries. This has helped to strengthen the capacity of the judiciary to dispense justice and improve its overall efficiency.
However, despite these efforts, Chief Justice Dollo stressed the need for further investment in justice institutions to attain the Sustainable Development Goals (SDGs). This indicates his recognition that a well-functioning judiciary is essential for sustainable development and the achievement of SDGs, such as those related to access to justice, rule of law, and human rights.
Furthermore, Chief Justice Dollo urged Ugandans to support the judiciary and resist bribes or other corrupt practices. This is an important call to action, as corruption can significantly undermine the integrity and effectiveness of the judiciary and erode public trust in the justice system.
Conclusion
The Judiciary enhances the Human Rights Based Approach (HRBA) to Development which underlines the multidimensional nature of poverty by describing it in terms of a range of interrelated and mutually reinforcing deprivations thus ensuring that the policies and institutions for poverty reduction are based explicitly on the norms and values set out in international human rights law. One of the foundations of the SDGs is to promote inclusive development, development which Leaves No One Behind. It is on the basis of this that the principle of inclusiveness is streamlined through the 17 goals. Notions of equity, justice, equality and fairness in both human interaction and access to and use of resources are key drivers for the implementation of the goals. The judiciary’s role in achieving SDGs is critical, and its significance cannot be overstated. The Chief Justice’s speech at the Inaugural Uganda Annual SDG Conference 2022 highlighted the need for increased investment in justice institutions, including appointing more judges and magistrates, expanding judicial zones, and eliminating corruption. By supporting the judiciary and working towards SDGs, we can create a brighter future for all.