Published on 21/10/2024
The Law Development Centre (LDC) warns that merging the Centre for Arbitration and Dispute Resolution with the Ministry of Justice could threaten its independence.
This proposal is part of the 2024 Arbitration and Conciliation (Amendment) Bill. LDC fears the merger will weaken impartial arbitration and disrupt the current dispute resolution process. Critics argue that government oversight might limit the centre’s autonomy. The bill has sparked a debate over the future of independent arbitration in the country.
During a Thursday meeting with the Legal and Parliamentary Affairs Committee, Paul Mukiibi, Head of Law Reporting, Research, and Law Reform at LDC, voiced strong opposition to the move, arguing that the Centre needs independence to perform its role effectively.
“If the Centre for Arbitration is to remain independent and discharge its mandate, it shouldn’t be placed under government control. It needs autonomy to exercise judicial independence and avoid bias, particularly in disputes involving the government,” Mukiibi emphasized.
Despite LDC’s objections, some MPs supported the Bill, arguing that the Centre had become redundant due to underfunding and mismanagement. Bugabula North MP John Teira highlighted the lack of proper arbitration structures and suggested that merging the Centre with the Ministry might standardize operations and attract the necessary funding and resources.
The Centre has operated without a Council since 2019, with Teira noting that during its 20-year history, it has only been functional for about eight years. He attributed its failure to the government’s reluctance to fund and support the Centre.
Stephen Baka, Chairperson of the Legal Committee, supported the merger, noting that placing the Centre under the Ministry would likely secure much-needed financial backing. “With the Chief Justice and the Minister of Justice promoting alternative dispute resolution, mainstreaming the Centre into the Ministry could attract more funding and prominence,” Baka said.
However, Mukiibi questioned whether the Centre’s failure was incidental or a deliberate result of government neglect, emphasizing that it had been established under an Act of Parliament and should have received sufficient support.
Defending the Bill, Minister of Justice and Constitutional Affairs Norbert Mao argued that the proliferation of agencies, including the Centre for Arbitration, has led to mandate overlaps, jurisdictional ambiguities, and high administrative costs. According to Mao, mainstreaming the Centre into the Ministry would promote efficiency, reduce costs, and ensure better service delivery.
“The amendment seeks to abolish the Centre as a corporate entity and re-establish it as a department within the Ministry, streamlining its operations and avoiding duplication of functions,” Mao explained.
