The
causes of the war, as analysed above are fundamental in preventing wars
when they are addressed. The interviewees unanimously held the view
that the causes of the war were political. Of these included greed[111] and the fight for political power. As one person stated, ‘Tela me party en aye okellolweny man ma danomadwongotooiye’[112], meaning, ‘It is the fighting of parties which brought this war in which so many people died.’[113] A child returnee interviewee[114]
explained, ‘Kony does not like the government of YoweriMuseveni.’
Interviewees also held the view that the discrimination in relation to
the national resources of Uganda as a whole. ‘The Acoli have always been
discriminated in sharing the national cake.’[115]
This clearly shows that political causes of the war might need
political solutions in order to end the wars and promote a deep as
opposed to a cosmetic reconciliation. It points out that since it is the
political will and fight for power that has promoted insurgency and
overthrows of government, the same political will could be used to erase
the consequences and lead the country into a more stable democratic
order.
The
unanimous opinion of the interviewees were that the both the LRA and
the Government were the main perpetrators responsible for the suffering
caused by the war. With regard to LRA responsibility, an interviewee
stated, ‘The rebels abducted, raped, injured and killed many people,
looted and destroyed property of civilians leading to much pain to every
one here.’[116]The government responsibility was articulated by an interviewee[117]
who said, ‘Also the ‘mobile’ (government soldiers) would come and shoot
people they don’t know any how. They find you and they think that you
are one of them [LRA] if you can’t tell them which route the LRA rebels
took. Government should have been imprisoned in it also!’ Therefore it
is clear from this that reparations are a duty that the government of
Uganda and the LRA would have to make since they caused harm.
The
brunt of the war was indiscriminately felt irrespective of age,
religion, economic status, or education as long as one lived in or had
relatives and friends in the district.
Many
people were physically affected by the war and these included both
abductees and those who remained in the district who need physical
rehabilitation. As one male victim recounted, ‘I was shot during the war
by the rebels and I still have the bullet in my body up to this time in
my left chest. It pains some times and I can no longer work like I used
to.’[118]Other victims were abducted[119], had their arm cut off[120],had chest pains from carrying heavy luggage for the rebels[121], were beaten on their way to seek safe shelter in the towns and many of the people
who had mouths noses ,ears or other body parts disfigured retreated
deep into the villages from the public eye. Julius Peter Otto, a
42-year-old male, lived with an injured hip joint for nine years was told his treatment could cost shs 9Million.[122]
These are only a few of thousands of people in northern Uganda that
need physical rehabilitation, but cannot afford it. ‘The number is
overwhelming. Some have splinters of wood or pieces of metal, plastic
and even glass in their bodies; most of the particles are from
explosives. Others have open wounds that are becoming cancerous.
Deciding who should get help first is very difficult, because all of
them are in critical condition.’ [123]
A
lot of property was lost, stolen or destroyed during the war following
the raids and looting by rebels and to some extent Karimojong raiders
including destruction by fires leading forced displacement to the IDP
camps which left their properties insecure. Majority of the victims had
their animals like goats, cows, and hens stolen as one victim recounted,
“My house was burnt down with all my beddings and clothes and contents,
12 cows and 15 hens were taken. Karimojongs also stole our cows.”[124]
Many
opportunities are lost during war by both primary and secondary
victims. Apart from those who were physically, some people were denied
the opportunity to fulfil their potential as human beings because of the
quiet violence of socioeconomic inequalities and the banal everyday
reality of oppression, because of the ensuing poverty after displacement
into camps many could not afford fees while other students had their
education interrupted by the war. The quality of education received also
declined rapidly as explained by an interviewee at Bungatira. ‘The war
slowed down development because permanent structures could not be
erected. At school, we were so many that we studied in shifts at Pakwelo
P.7 School. We were up and down trying to save our lives. This led to
decline in the quality of education.’[125] Medical facilities and cultures and families were eroded. One 20 year old male interviewee[126]
from Unyama stated, “It is the war and hardships brought about that
made my mother and father separate up to date. I was denied a normal
healthy childhood.”
The
largest percentage of the victims confessed to having had loved ones
who were killed during the war. This included parents, sisters,
brothers, uncles, aunties and friends leaving orphans, dependants,
widows and broken homes. ‘They killed my parents in front of me”.[127] “My brother was short and killed, I buried him.’[128]
This
stemmed from the above injuries. As expressed by an interviewee at
Unyama camp, ‘Of course I felt a lot of pain when they killed my parents
in front of me.’ Some people even still suffer from trauma in the
aftermath of the war caused by the fighting and remains of dead people found
in bushes as one male victim recounted ‘Right now children’s’ heads are
spoilt and they talk a lot about guns . A boy at my home came from
collecting firewood talking to him self as if he is mad because he had
seen a skeleton in the bush, and is traumatised.’[129]
Majority
of the victims stated that they had not told their story to a
government body or NGO. Several professed to having told friends who in
return either sympathised or helped them feel better and also to get
material help.
A small number of the victims had had contact with NGOS or government. A male interviewee[130]
of 17years narrated, ‘Because of displacement, studying became very
hard due to financial problems, insecurity and displacement even though I
had both parents. I went to War Child and told them my problems when I
was in P7 and filled in the forms for sponsorship but my application was
rejected’. Another interviewee explained, “I was told people with
injuries from the war were receiving treatment and surgery services at
the Gulu Referral Hospital and told them of the pain in my chest. I was
examined but they told me the bullet was lodged between two bones in my
chest and they could not get it out safely.”[131]
However,
there were a small number of victims who had received help from the
government and NGOs. A focus group discussion of five children[132]
held at Laroo Boarding school which educates child returnees revealed
that on recounting their experience, they were put in the government
funded primary school which was giving them education although there was
no secondary school from which they could continue studies under
government sponsorship, their parents being unable to continue paying
fees yet three of them had lost their parents during the war. They
however complained that many people just listen to them and don’t help
them. As one of them explained, “Very many people come to interview us,
some white and others black but they a just take notes about us and
leave never to be seen again”.
Therefore it is safe to conclude from the findings that majority of the victims have not had their injuries documented.
None of the victims confessed to having received any form of compensation from the government. However,
some victims expressed knowledge of the compensation given to the Acoli
Debt claimants , desired the same though had no funds to equally pursue
the same. Indeed in 2008 Government opted for an out of court
settlement and released shillings seven billion to the war claimants.[133] However, no government policy was found to exist providing for compensations which was a loop whole.
Majority
of the interviewees expressed a desire for amnesty and integration of
returnees through rehabilitation in the provision of psychological help
or counselling and returning them into their community. There was also
unanimous outcry for the traditional justice mechanism in the
integration process. This was partly because the rebels abducted were
still seen as the children of the land who were taken without any
volition on their part and also because of the belief in forgiveness and righting wrongs as one interviewee[134]explained, ‘Reform is the target. People may cause harm but it is still people who can put things right.’
Further,
amnesty was preferred to prosecution though views differed as to
whether this should be blanket or only to low rank rebels. The
returnee children unanimously held the view that the amnesty should be
blanket for the ex-combatants since, “it was not their will” to be
abducted. Other reasons for blanket reparations were that it would make
the abducted rebels still fighting in Central Africa, fail to return
home at all due to fear of prosecution. For those advocating for
prosecution of leaders, one interviewee said that it was ‘to make him
learn and change but not to kill him. “Kimiyepwodmanok” (they give him some punishment)’.
At
the other extreme, some interviewees advocated for prosecution and or
death of the leaders as one recounted, ‘Kony and his leaders should be
captured and have their toes cut off one by one, and he (Kony) should be
mutilated like he mutilated others, then killed. And it should be
slow!’ Government should also be held responsible as expressed by one
interviewee[135], ‘if those persons in government are not brought to justice then whatever prosecution undertaken will appear to be revenge.’
Therefore
a balance should be struck that as much as amnesty is given to the
former rebels, the leaders should be tried especially those captured who
did not just surrender on their own accord. Also amnesty should be
given at a price as in South Africa where the condition was that one had
to divulge information for what he was being granted amnesty. This
would help in discovery of the disappearances and acts of suffering that
have gone unnoticed by government.
Victims
expressed a desire for return to their homes and restore family life
and citizenship since not all camps have been fully closed down.[136]
Restoration of property destroyed or lost and return of employment was a
pertinent desire of many of the victims. Many, especially the lame,
widowed and children find it hard to go back home due to lack of
transport.[137]
There is need resettle those people who want to go home by building
water sources, health centres and if possible transport them back home
where they can start a new and meaningful life.
There
has not been verification and full disclosure of the truth of what
transpired during the war to the victims and their relatives nor has
there been a search of the whereabouts of the disappeared. There has
been no documentation of identity of the children abducted except by the
NGOs, or of the bodies killed by them and little has been done by the
government . According to Acholi Times[138] ‘eight
years after the 52 people were massacred in Lukodi internment camp,
survivors and relatives from Lukodi village in Bungatira Sub county,
Gulu District have asked the government to do more on reconciliation
between communities and the government in an effort to bring about
healing.’ ‘Our loved ones who died and were buried in the IDPs camp
during the peak of the insurgency have not received decent burials.’[139]
An elder explained that, ‘It is our cultural belief that the dead must
be set free for their spirits to rest in peace; so if these traditional
ceremonies are not performed, the surviving members will continue living
in perpetual fear of the dead. Because any misfortune that befalls
members of the family is attributed to the anger of the dead, so we must
give them rest.’[140]
The victims interviewed also expressed a strong desire for an acknowledge responsibility of the war and apology
thereof from the government to promote reconciliation for the failure
to protect and the atrocities committed by the UPDF. The failure has led
to hard feelings among the people for the NRM government and president
in particular, as enunciated by a renowned politician.[141]
There
was a unanimous cry for guarantees of non repetition. The victims of
the war were of the view that the country should learn from the
suffering caused by the war so that there is no repeat of the war.
Girls
faced problems as children and also as girls in particular. “Girl
children [were] offered as ‘rewards’ to senior officers. The result is
that a significant number of returnees are child mothers.[142]Girls who have been orphaned or abducted and raped[143]
and returned as child-mothers are particularly affected and face
specific hardships, specifically abject poverty and social isolation on
their return to communities.[144] Many teen girls have children they cannot take care of and have various STD’s.[145]
Apart
from the incomprehensible psychological and physical trauma that the
child-mothers have experienced in the bush, they have also lost all
self-esteem and confidence and find it extremely hard to integrate
themselves into their communities and go to school. After
primary education at Laroo Boarding School, secondary education is
available to some children accepted in a nearby school Sir Samuel Baker,
which is however a boys school only. Therefore girls’ chances of
achieving a higher education are lower than for the male returnees or
female children with poor or no guardians.
The
widow also faces hardship especially in taking care of her children and
sending them to school as a single parent. In other cases orphans
children are taken care of by their grandmothers who do no have the
capacity and efficiency to provide for them. More has to be done in the
way of building more educational facilities, bursaries and health and
medical facilities to these vulnerable groups of victims.
At the height of the war, Northern Uganda recognised as “pretty much the worst place on earth to be a child”[146]
with over 20,000 children – some as young as six years old - who were
abducted by the rebel-led Lords Resistance Army (LRA), forced to serve
as child soldiers, sex slaves and labourers. Refugee
girls as young as 12 carry sexually transmitted infections, most of
which have no symptoms but carry serious health risks.[147]This
health situation portrays the trauma girls endure as they come to terms
with early pregnancies, forcing, them into early marriages leading to
the high school dropout in this war-torn region where child-mothers are
common.
With
children and the youths as the main victims of LRA abductions, the
memories of rebel atrocities will take generations to
disappear.Statistics show that 82 per cent of females and over 50 per
cent of male spouses in the region are illiterate.[148]
Therefore more has to be done especially with the children who were
orphaned and or are head of households or teenage mothers who are in
dire need of economic and social help.
The
GoU officially launched the Peace, Recovery and Development Plan for
Northern Uganda (PRDP) in October 2007 and began implementation on 1
July 2008. The PRDP was a commitment by the GoU to stabilise and recover
Northern Uganda in the next three years through a set of coherent
programmes in one organising framework. PRDP is not a separate project
but a coordination framework for all programs and projects in the north
setting out certain objectives and targets for northern Uganda. These
programmes include NUDEIL[149],
NUREP, NUSAF, NAADS and others. This strategy was not only a response
to immediate post-conflict-specific issues, but is also to eliminate the
great discrepancies in the development of the Northern and the Southern
part of the country.
However
the PRDP has faced numerous criticisms from the masses in Northern
Uganda four years down the road. The Chairman of Gulu District[150]
commented that ‘there are no projects that show success apart from a
fleece of police patrol vehicles. Meanwhile, there are many people still
in camps with no place to return to, as such as orphans, elderly,
widows and the disabled.’ This was largely attributed to corruption and
mismanagement of funds both at the central and local level yet 3000
people are still in dire need staying in camps as per 2012.
However,
even with the PRDP, it is noteworthy that development is not a
substitute for reparations. While development is a right for all,
reparation is a right for a specific subset of people: those who have
been victims of human rights violations.[151]
Where
as some victims recognised this setback and advocated for
acknowledgment and apology, satisfaction and rehabilitation, other
victims saw it an excuse to delay or abandon the reparations programme.
As one key informant[152]
animatedly remarked, ‘Which limited resources? Government can afford to
get money to bribe over 100 MPs and take them to Nyakitura for a week
and it can steal to a tune of billions in NSSF, CHOGM and oil deals. The
question is not money...but political will!’ The research also
discovered that to some people however, money is not the issue so that
financial constraints is not an excuse as some victims needed the
government to merely acknowledge their suffering for relatives lost
where no amount of compensation can ever be enough.[153]
As
noted above, numerous concerns were raised by victims that there was no
political will by the government to adopt reparations. Many victims felt that government was responsible for the war and allowed it to continue for 23 years. As one interviewee[154]
commented on the question of what whether she desired compensation for
injury suffered, ‘Shah (exclamation)! This government is just lying to
the people. It cannot keep its word or pay anyone.’[155]
Numerous
concerns as shown above indicate that there is massive corruption in
the public sector. Indeed as pointed out by an interviewee[156],
the same allegations of corruption followed in the compensation payment
following the Mukura massacre in Eastern Uganda by the president.Indeed
concerns were raised too that even this reparation might have been
politically motivated since it was given during presidential elections.
Complaints arose that no consultations were made there was no
transparency involved, and about 69 families properly entitled did not
get any reparations while survivors got little.
Many
interviewees including those in the NGOs were not aware of the
existence of the proposed National Reconciliation Bill, 2009. This tends
to indicate that, there is insufficient consultation with victims and
stakeholders. However, the senior RLP researcher responsible for
formulating the bill explained that numerous consultations were the
basis of the research especially with leaders since consultation with
each individual would be impracticable and time due to limited resource.
In
spite of the fact that there is no comprehensive government-sponsored
reparation program for victims and survivors, many local and
international NGOs and community-based groups have put in place
initiatives targeting different categories of victims and survivors.
WATOTO,
a local NGO has its primary purpose as rescue, rebuild and raise
vulnerable children and women, especially those affected by HIV/AIDS to
empower them in life and transforming them into better citizens.[157]
They provide surgical services to those who sustained injuries during
the war at the former GUSCO offices. Some former child soldiers are also
looked after in WATOTO Village in Laminadera. Most
of the victims assisted were always found in a state where no help had
formerly been given to them by any NGO or government and in most cases
were ignorant or not expectant, and ‘had given up’ on the government.[158]
Centre for Reparations and Reparations (CRR) and Norwegian Refugee Council (NRC)[159]
provide legal services to victims of the war especially with land
disputes. In the aftermath of the war there have been land wrangles
following the length of time displacement from homes into the IDPs. Free
legal services are provided with a strong leaning towards traditional
justice mechanisms of encouraging resolution and settlements out of
court. Instrumental in these settlements are the Chiefs or “rworikweri”
who in most cases know the ownership and occupation of land backdating
the LRA war period. The challenges for them are that, in situations
where the matters get to court, there are no cause listed cases making
follow up of the cases difficult.
Justice and Reconciliation Project(JRP) has been instrumental and played a key role in transitional justice since 2005 by bringing to light the needs, interests, concerns and
views of communities affected by conflict of which Northern Uganda is
one these They aim to promote sustainable peace through the active
involvement of war affected communities in research and advocacy.
Importantly, they document conflict related experiences and memories of
individuals, communities and victims’ groups to preserve memory,
acknowledgment, loss and promote reconciliation and healing in addition
to supporting community efforts to document. They are also involved in
depth research and advocacy on reparations national and international
policy debates to ensure that the policy outcomes are locally sensitive
and appropriate to transitional justice needs.
Refugee Law Project (RLP) has been instrumental in leading the proposed The National Reconciliation Bill, 2009[160]
which is intended to provide for the establishment of a National
Reconciliation Forum with a mandate to direct an independent national
reconciliation process in Uganda for the purpose of establishing the
causes, nature and extent of the legacy of violence beginning from 1962
to the cut off date, including all its antecedents and circumstances,
and taking into account the perspectives of victims and the motives and
perspectives of the persons and institutions responsible for creating
and perpetuating this legacy. However, there are weaknesses in the bill
as it is currently as examined by Uganda Victims Foundation. However
almost all persons interviewed expressed either no knowledge of the
proposed bill or its contents.
Invisible Children, a U.S. charity organisation provides education sponsorship to war affected victims especially orphans.[161]
It has also recently been in advocacy for the arrest of the rebel
leader Joseph Kony through a film ‘KONY 2012’. Many victims of the war
have had mixed feelings[162]
over this approach arguing that how can a man who inflicted a lot of
pain on them be made famous and that by the insensitivity displayed in
that film, the suffering of the people was disregarded.[163] Complaints
were also raised that it focuses attention on problems that people in
the north no longer consider relevant, instead of disease and
displacement nothing of which is seen in the foreign media. ‘And now we
are talking about making Kony famous – six years after he left Uganda!’[164]Sandwiched
between the LRA and the government forces, none of whom they trust, the
civilians need to be rescued from an ongoing military mobilisation and
offered the hope of a political process.[165]
These
organizations indicated the need for an overall comprehensive program
on reparations and recognized that their services only cater to a small
fraction of the reparation needs of victims. In
any event, the work of NGOs does not absolve the Ugandan government
from fulfilling its obligations to provide reparations to the victims of
human rights violations committed during the conflict.[166]
The proposed system does not take a victims focused approach towards developing and implementing the program.[167]
In fact, even though the Annex provides for the body of inquiry to make
recommendations on the “most appropriate modalities for implementing a
regime of reparations,” there are no provisions for building a
reparations program which engages with victims and takes into account
their views.[168]
In addition, the time or process leading to the formation of such a
body is not provided. Since the Agreement and the Annex do not provide
for such challenges or litigation,[169] it is not clear whether victims could seek to enforce their right to full and effective reparations before national courts.
The
Annex does not guarantee complete independence of the reparations
program by providing that ‘prior to establishing arrangements for
reparations, the government shall review the financial and institutional
requirements for reparations, in order to ensure the adoption of the
most effective mechanisms for reparations.’ The
concern is that the primary needs of the victim might be overshadowed
by the executive government’s decisions on how many resources to
allocate to it.
Reparations
in the form of compensations can be individually or collectively
computed and the appropriateness is determined by a particular country
according to its own circumstances and the injuries suffered to decide
which method promotes the best justice that can be attained. A key informant[170] suggested that in coming out with an amount, the UHCR mechanism should be adopted which involves ‘establishing one’s earning potential at a particular time and project how much he is entitled to and factor in the loss suffered taking into account inflationary tendencies and interests accrued.’ [171]Indeed there
are several options to address the dilemma of how to provide just
reparation, in particular compensation, in these circumstances and
valuable lessons can be learned from the experience of mass claims
processes.[172]
In
devising the claims process, standardised mass or group claims
determination mechanisms, which are more cost efficient and speedier,
might be utilised instead of an individualised, case-by-case
determination which might frustrate the overall process by
overstretching the mechanism. A possible way of resolving this problem
is to provide fixed compensation for specific categories of victims, as
well collective awards.
In
developing the components of any compensation mechanism, be it through
an independent commission or as an integrated part of the Truth
Reconciliation Commission, detailed procedures will need to be agreed.[173]
These decisions must balance efficiency considerations with the
effectiveness of the mechanism in meeting needs. Indeed it is recognised
that victims may not get enough money to atone their suffering however,
as noted above[174],
there is justice that requires that people take less than they should
really be entitled to in compensations in the case that the finances are
not sufficient, however this should not be overstretched to instead
promote injustice by giving the people too little than they deserve.
“...There
are those who say the war is over in Northern Uganda. I say the guns
are silent but the war is not over. The sky is overcast with an
explosive mix of dubious oil deals, land grabs, arms proliferation,
neglected ex-combatants, [diseases and massive suffering][175]
and a volatile neighbourhood full of regimes determined to fish in
troubled waters. What we have is a tentative peace. Our region is
pregnant with the seeds of conflict. The military action in the jungles
of Congo may capture Kony, but we need to do more to plant the seeds of
peace founded on democracy, equitable development, and justice. Like
peace, war too has its mothers, fathers, midwives, babysitters, and
patrons...”[176]
The
importance of reparation in Northern Uganda, both for the victims and
society as a whole, cannot therefore be overstated. Clearly, the
circumstances of Uganda require that it be embraced as a viable
transitional justice mechanism that could introduce a new hitherto
unexplored realm by political leaders that can usher in political,
social and economic upheaval in the country.
It
is crystal clear that there is a legal framework for reparations both
internationally and nationally. However, the implementation of these has
been slow. Many NGOs do not have enough resources to help all the
victims of the war. Therefore, government should embrace this
transitional justice mechanism as a noble and just cause for the
betterment of the life of the physical, psychological, emotional and
spiritual well being of the victims and usher in societal healing.
1. The
government should establish an effective victim focused, comprehensive
reparations programme which provides for the five recognized forms of
reparations based on wide consultations with the victims.
2. It
should also put in place and implement truth telling and justice
mechanisms to deal with crimes and human rights abuses alleged to have
been committed during the conflict to providing a source of record to be
used as a yardstick for the forms of reparations.
3. Investigations
into disappearances should be made together with re burials and
memorials to help appease and bring about acceptance and healing of the
victims who lost loved ones.
4. Special
attention should be given to the children and women affected by the war
through sexual violence, death of a spouse, death of parents, teenage
mothers, children and the elderly who cannot adequately support
themselves putting their specific experiences at the fore front.
5. Corruption
and embezzlement of victims’ or development funds should be curtailed
through accountability and creating checks and balances to promote the
smooth running and adequacy of both communal and individual reparations.
6. Reparations
should promote justice by promoting, encouraging and ensuring the
reform of discriminatory laws, policies and practices that have
contributed to the continuum of violence in the country before, during
and after the conflict period.
1. Civil
Society Organisations(CSO’s) should engage in rights awareness and
empowerment campaigns targeting girl mothers and other victims with
physical injuries and vulnerable persons like widows, children those
with HIV/AIDS to address the lack of information on legal rights which
limits their access to justice mechanisms.
2. Encourage
traditional authorities, other CSO’s and Government of Uganda to make
concerted efforts to encourage community acceptance of former rebels,
mothers and their children to promote reintegration into society and
ensure the physical, emotional and economic well-being of girl mothers
and their children.
3. The
weaknesses in the National Reconciliation bill should be addressed by
the relevant body in accordance with recommendations given.[177]
To
contribute funds to be channelled into the needs of the people through
reliance on well researched material from the NGOs and civil society.
These should be able to uplift the people from their suffering.
I. Primary sources
(a) International Instruments
1. The International Law Commission’s Articles on State Responsibility Assembly, 2006
2. The
United Nations Basic Principles and Guidelines on the Right to a Remedy
and Reparations for Victims of Gross Violations of International Human
Rights Law and Serious Violations, 2006
3. The International Covenant on Civil and Political Rights ,1966
4. The International Covenant on Economic, Social and Cultural ,1966
5. Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 1984
6. The Geneva Conventions ,1949
7. The Rome Statute, 1998
8. The African Charter on Human and Peoples Rights, 1981
9. The American Convention on Human Rights, 1969
10. The European Convention for the Protection of Human Rights and Fundamental Freedoms , 1950
(b) National Instruments
11. The Constitution of the Republic of Uganda,1995, Chapter 1, Laws of Uganda, 2000
12. The Agreement on Accountability and Reconciliation, 2007
13. The Annexure to the Agreement on Accountability and Reconciliation, 2008
14. Cases:
(a) Thomas Kwoyelo alias Latoni V Uganda (Constitutional Petition No. 036 Of 2011(reference)
(b) Uganda V Thomas Kwoyelo alias Latoni ,(HCT-00-ICD- Case No. 02/10)
(c) Albert Wilson v. Philippines, Communication No. 868/1999, November 2003
(d) Chorzow Factory Case, Merits, 1928, PCIJ, Series A, No 17
(e) Godinez
Cruz v. Honduras, Series C No. 8, Compensatory Damages, Judgment of 21
July 1989. (The Inter-American Court of Human Rights)
(f) LoayzaTamaya case, Series 2 No. 42, Reparations, Judgment of 27 November 1998
(g) Saman v. Leeladasa, SC Application No. 4/88, 1989
(h) Velasquez Rodriguez case, Interpretation of the Compensatory Damages Judgment, 17 August 1990).(IACHR)
II. Secondary sources
Books
Ali, M. T. et al (ed.) (1999) Civil Wars in Africa: Roots and Resolution: A comparative analysis of the causes and consequences of Africa's civil wars, McGill-Queens Press
Andrew, R. (2001) Justice and Reconciliation: After the violence, Colorado, Lynne Rienner PublishingInc
Carlos, R. S. (2009) Tall Grass: Stories of Suffering and Peace in Northern Uganda, Fountain Publishers Kampala
Chandra, L.S. (2004) Confronting Past Human Rights Violations: Justice Vs Peace in Times of Transition, 1st published by Frank Cass. Madison Avenue, New York.
Elster, J. (2004) Closing the Books: Transitional Justice in the Historical Perspective, Columbia University, Cambridge University Press
Martha, M. (1998) Between Vengeance and Forgiveness Facing History after Genocide and Mass Violence, Boston, Beacon Press
Oxford Advanced Learners Dictionary, (2006) Sixth Edition, Oxford University Press
Ruti, G. Teitel (2000) Transitional Justice, Oxford University Press
Stedman, J.S et al(Ed) (2004) Ending Civil Wars: Implementing of Peace Agreements,
Oxford University Press
Stephen, J.S et al (ed.,) (2002) Ending Civil Wars: The implementation of peace Agreements: A Project of the International Peace Academy and the Centre for International Security and Cooperation
Periodicals
A.C.O.R.D (2010) Protection and Restitution for Survivors of Sexual and Gender Based Violence in Uganda: The legal peculiarities, the possibilities and the options, September 2010
Allan, N. et al (2011) “Pay Us so We Can Forget: Reparations for Victims and Affected Communities in Northern Uganda”. Policy Brief No. 2, Kampala: JRP & IRP
Amnesty International (2011) “Uganda: A nine point Human Rights Agenda” International Secretariat, 1 Easton Street, London WC1X, 0DW, United Kingdom
Amnesty International, (2008) “Left to their own devices: The continues suffering of the victims of Northern Uganda and the need for reparations” November 2008 Index: AFR 59 /009 /2008
Amnesty International (2007) “Uganda Doubly Traumatised: Lack of access to justice for female victims of sexual and gender-based Violence in Northern Uganda” 30 November 2007.
AI Index: AFR 59/005/2007 International Secretariat, 1 Easton Street, London WC1X 0DW, United Kingdom
Cecily, R. (2008) “Looking Beyond Amnesty and Traditional Justice and Reconciliation Mechanisms in Northern Uganda: A Proposal for Truth-Telling and Reparations” Boston College Third World Law Journal, Vol 28/ issue 2 Article 4, pp. 345-400.
Chris, D. et al (n.d) “Beyond Juba: Building Consensus on a Sustainable Peace Process for Uganda”. MAKERERE UNIVERSITY Faculty of Law & Refugee Law Project
Friedrich, R. (2010) “Collective Reparation for Victims of Armed Conflict” Selected Article on International Humanitarian Law. Volume 92 Number 879, September 2010.
Garcia-Dorgos, J. (2006) Victim Reparations in the Peruvian Truth Commission: International journal of Transitional Justice, Vol. 2, pp. 63-82
Hayner, P. (2002 “Unspeakable Truths: Facing the Challenge of Truth Commissions” Human Rights Quarterly, 23 (2002) pp. 234–256
Lindsay, M. (2011) “What Became of Reparations? A Dialogue among Civil Society Actors on the Future of Reparations for Victims of Conflict in Northern Uganda” Summary report of ICTJ, JRP & SODANN
Lisa, J.L (2007) “Truth with Consequences: Justice and Reparations in Post Truth Commission in Peru” Human Rights Quarterly 29 (2007) 228–250 © 2007, The Johns Hopkins University Press
Lucy, H. et al (2005) “Peace First, Justice Later: Traditional Justice in Northern Uganda” July, Refugee Law Project Working Paper No. 17
Lutz, O. (2004) Redress: Seeking Reparations for torture survivors “Reparation for Torture in Iraq in the Context of Transitional Justice: Ensuring Justice for Victims and Preventing Future Violations.”The Redress Trust, February
Martha, M. (2005) “Between Vengeance and Forgiveness: Feminist response to violent Injustice” 32 New English. Rev.967
Marshall, W.C. (n.d) “Transitional Justice & DDR: Retribution, Restoration, or Reparation”
Nahla, V. (2007) “Gender justice and reconciliation” Dialogue on Globalisation, Occasional paper. No. 35/Nov, 2007
Storelli-Castro, L. (2011) “Justice over Peace? Transitional Justice in Northern Uganda” Journal of International Service, Fall 2011 pp 50-67
UNDP (2007) “Transitional Justice in Northern Uganda, Eastern Uganda and Some Parts of West Nile” Kampala: JLO sector, 2007.
UNSC (2004) “The rule of law and transitional justice in conflict and post-conflict societies”: Report of the Secretary-General, United Nations Security Council, S/2004/616, United Nations, 23 August, 2004.
Van, T.B. (1993) “Study into the Rights to Restitution, Compensation, and Rehabilitation for Victims of Gross Violations of Human Rights Violations of Human rights and Fundamental Freedoms.” Final Report, UN Doc E/CN.4/Sub.21/1993/8 2nd July 1993
Others
Bogere, P. (2008) “The Role of Traditional Justice Systems in Resolving Armed Conflicts” LLB Thesis, Kampala: Makerere University Printing Press.
Iversen, A. (2009) “Transitional Justice in Northern Uganda: A report on the pursuit of justice in ongoing conflict.” Thesis, Roskilde University,
Kasande, S. K. (2009) “Security Post Conflict Justice, for victims of and Sexual Violence in Armed Conflicts: A case study of Northern Uganda. LLM Human Rights Thesis, Central European University, 1051 Budapest NadorUtcar 9, Hungary
Mary Land School of Law (2009) “A No Excuse Approach To Transitional Justice: Reparations as tools of Extraordinary Justice” available at: http://wwwpapers.ssrn.com/sd3/papers.cfm?abstract-id=43107maryland school of law//
Websites
Appendix M
MAP OF UGANDA AFTER THE CREATION OF NEW DISTRICTS
APPENDIX A
INTERVIEW GUIDE FOR THE DISTRICT OFFICIALS
The researcher will use an interview guide to elicit information from the key informants.
a) Explain the purpose of the interview
b) Get the respondents informed consent
c) Explain to the respondent that confidentiality will be observed
- Data collection
1. Official Title
2. Sex
3. Occupation
3. What do you understand by term reparations?
4. Were people affected by the war?
5. How were they affected?
6. What
do you think were the causes of LRA war in Northern Uganda? What kind
of people in your opinion were perpetuators of the suffering caused by
the war?
7. Are there ways through which these effects can be minimised or conditions improved?
8. Are there mechanisms are used in rehabilitation of former rebels?
9. If yes, are they adequate?
10. If so, how?
11. Have reparations measures been adopted in Gulu District?
COMPENSATION
|
|
REHABILITATION
|
|
RESTITUTION
|
|
SATISFACTION
|
|
GUARANTEES OF NON REPETITION
|
|
12. Has government adopted programmes in a bid to elevate the suffering in the district?
13. Which approach does the population appreciate?
14. Are there specific outcries for reparations?
15. How should the situation in Gulu district be improved?
16. What are the challenges in effecting reparations in Gulu district?
17. What recommendations do you have regarding the reparations?
APPENDIX B
QUESTIONNAIRE FOR VICTIMS
SECTION ONE: IDENTIFICATION
- Questionnaire number………………………………………….
- Name of parish…………………………………………………
- Name of village………………………………………………...
- Date of interview……………………………………………….
- Place of interview………………………………………………
SECTION TWO: BACKGROUND INFORMATION
1. Age (tick the appropriate one)
- 15 to 25 years……………………..
- 26 to 35 years……………………..
- 36 to 45 years……………………..
- 46 and above years...………………
2. What is your level of education?
- Lower primary (P.1-P7)………………………
- Upper primary (P.5-P7)………………………
- Lower secondary (“O” Level)…………………….
- Upper secondary (“A” Level)…………………….
- Tertiary institution………….…………………….
- Nil…………………………………….....................
3. What is your religion?
- Catholic……………………………..
- Protestant…………………………..
- Moslem…………………………….
- Pentecostal…………………………
- Seventh day Adventist…………….
- Others (specify)……………………………………………………………..
4. Number of children (including dependants)
- Below 5…………………………………
- Between 5and 10……………………….
- Between 10 and 15……………………..
- Above 15……………………………….
- Nil
5. Marital status
a. Married……………………………
- Single……………………………...
- Separated………………………….
- Divorced…………………………..
- Widowed………………………….
6. If separated or divorced, what was the cause of the separation or divorce?
7. Main source of income
- Business……………………………….
- Agriculture…………………………….
- Art and craft…………………………..
- Others (specify)………........................
SECTION THREE: EFFECTS OF THE WAR
What do you think caused of the LRA the war in Northern Uganda?
……………………………………………………………………………….
Who were the main perpetuators of the suffering caused by the war?
……………………………………………………………………………….
Were you affected by the war?
a. Yes b. No
. If yes, how were you affected?
- Physical injury………………….........................................
- Emotional injury……………..............................................
- Loss of property....................................................................
- Loss of opportunity……………………..............................
- Death of a relative (specify).................................................
- Others (Specify)……………………………………………..
SECTION FOUR: REPARATIONS RECEIVED
If you were affected, have you told any one your story?
......................................................................................................................................
If yes, to whom?
.......................................................................................................................................
If you told, has any thing been done about it?
..................................................................................................................................
10. If you were affected by the war have you experienced any form of reparation?
.....................................................................................................................................
11. If yes, what form of reparation have you received?
COMPENSATION
|
|
SATISFACTION
|
|
GUARANTEES OF NON REPETITION
|
|
APOLOGY
|
|
Any additional information ………………………………………………………………………
12. Has it (they) been adequate?
- Yes b. no
14. If no, what more do you want to be done?
- Apology…………………………............
- Rehabilitation…………………………….
- Compensation………………………….....
- Satisfaction................................................
- Guarantees of non repetition
- Others (specify)……………………………………………………………...
17. How did you handle the effects of the war on you?
- Formal courts
- Traditional justice mechanisms
- Others (specify)…………………………….
Was it effective?
a. ........................................ b. ........................................
If yes how?
...............................................................................................................................
.................................................................................................................................
If it was not then, why was it not effective?
.............................................................................................................................
SECTION FIVE: REINTEGRATION & REHABILITATION
20. What do you think is the best way to handle former rebels?
a. Traditional justice
b. Prosecution
c. Amnesty
d. Rehabilitation
c. Others (specify)……………………………………………………………..
...................................................................................................................
Do you think there should be a blanket amnesty for all rebels irrespective of rank?
a. .......................................... b. ........................................................
If yes, give reasons why?
..........................................................................................................................................
21.
Do you think the traditional justice system and/or Court system is a
good idea and can be effective in dealing with the former rebels?
a. Yes…………. b. No…………….
2. If yes, state you reason for agreeing with the question.
………………………………………………………………………………………………………………………………………………………………………………………………
3. If no, what are your reasons?
………………………………………………………………………………………………………………………………………………………………………………………………SECTION SIX: GOVERNMENT HELP SO FAR
Have you got help from any Government special programme?
If yes specify what kind of help?
Was it adequate to elevate your suffering?
a. ............................. b. ...................................
If yes how?
................................................................................................................................
.................................................................................................................................
SECTION SEVEN: CHALLENGES AND LIMITATIONS
4. What are some of the challenges you have encountered in your quest for transitional justice through reparations? List them.
………………………………………………......................................................................
……………………………………………………………………..........................................
…………………………………………………………………….........................................
5. What are your recommendations regarding transitional justice?
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
………..Thank you so much……………
APPENDIX C
INTERVIEW GUIDE FOR NON-GOVERNMENTAL ORGANISATIONS
The researcher will use an interview guide to elicit information from the key informants.
1. a) Welcome the respondent and introduce your self.
b) Explain the purpose of the interview
c) Get the respondents informed consent
d) Explain to the respondent that confidentiality will be observed
6. Name of the organization
7. Name of officer (optional)
8. Position held
9. Sex
10. Does your organisation deal with war victims?
11. If yes specify
12. If no, what does your Organisation do (objectives)?
13. What are the total number victims that have been handled by your organisation in the following categories?
a) Number of females
b) Number of males
14. What is the range of ages of the victims handled?
a) 0 - 18yrs
b) 18-25
c) 25-35yrs
d) 35yrs and above
15. Does
your organisation handle child mothers who returned from captivity? If
yes, please explain the special measures you have put in place for their
reintegration and rehabilitation
16. What happens/happens to the children of these mothers in the reintegration and rehabilitation process?
17. What do you think are the causes of the war in Northern Uganda?
18. What kind of people in your opinion were perpetuators (to blame) of war in Gulu district?
19. Do you think the government has done enough in giving reparations to victims?
COMPENSATION
|
|
REHABILITATION
|
|
SATISFACTION
|
|
GUARANTEES OF NON REPETITION
|
|
RESTITUTION
|
|
20. Are there programmes through which the suffering caused is being addressed in the district by the government?
21. If yes what programmes?
22. Do you think they are adequate in addressing victims’ plight? If no, why?
23. What mechanisms do you think should be used in handling the former LRA rebels of the war?
A- Traditional justice delivery.
B- Formal justice mechanisms
C- Rehabilitation
D- Others (specify)
- Do you think reparations are practicable in Northern Uganda?
- If no, why
- What are the challenges you face in your organisation in meeting your objectives?
- What recommendations would you give in relation to reparations in Gulu District?
APPENDIX D:
AGREEMENT ON ACCOUNTABILITY AND RECONCILIATION, 29 JUNE 2007
This
agreement, between the Government of the Republic of Uganda and the
Lord’s Resistance Army/Movement (LRA/M) (herein referred to as the
Parties), witnesseth that:
Preamble
Whereas the parties:
Having
been engaged in protracted negotiations in Juba, Southern Sudan, in
order to find just, peaceful and lasting solutions to the long-running
conflict, and to promote reconciliation and restore harmony and
tranquillity within the affected communities and in Uganda generally;
Conscious
of the serious crimes, human rights violations and adverse
socio-economic and political impacts of the conflict, and the need to
honour the suffering of victims by promoting lasting peace with justice;
Committed
to preventing impunity and promoting redress in accordance with the
Constitution and international obligations and recalling, in this
connection, the requirements of the Rome Statute of the International
Criminal Court (ICC) and in particular the principle of complementarity;
Driven
by the need for adopting appropriate justice mechanisms, including
customary processes of accountability, that would resolve the conflict
while promoting reconciliation and convinced that this Agreement is a
sound basis for achieving that purpose;
Guided
by the objective principle of the Constitution, which directs that
there shall be established and nurtured institutions and procedures for
the resolution of conflicts fairly and peacefully; and further recalling
the Constitutional duty on the courts of Uganda to promote
reconciliation.
Now therefore the parties agree as follows:
Definitions: Unless the context suggests otherwise, the following words and phrases shall have the meaning assigned thereto:
“Ailuc”
refers to the traditional rituals performed by the Iteso to reconcile
parties formerly in conflict, after full accountability.
“Alternative
justice mechanisms” refers to justice mechanisms not currently
administered in the formal courts established under the Constitution.
“Constitution” means the Constitution of the Republic of Uganda.
“CuloKwor”
refers to the compensation to atone for homicide, as practiced in
Acholi and Lango cultures, and to any other forms of reparation, after
full accountability.
“Gender” refers to the two sexes, men and women, within the context of society.
“Kayo
Cuk” refers to the traditional rituals performed by the Langi to
reconcile parties formerly in conflict, after full accountability.
“MatoOput”
refers to the traditional rituals performed by the Acholi to reconcile
parties formerly in conflict, after full accountability.
“Reconciliation” refers to the process of restoring broken relationships and re-establishing harmony.
“The
Conflict” means the conflict between the Parties in Northern and
North-eastern Uganda, including its impacts in the neighbouring
countries.
“Tonu
ci Koka” refers to the traditional rituals performed by the Madi to
reconcile parties formerly in conflict, after full accountability;
“Victims”
means persons who individually or collectively have adversely suffered
harm as a consequence of crimes and human rights violations committed
during the conflict.
Commitment to accountability and reconciliation
2.1.
The Parties shall promote national legal arrangements, consisting of
formal and non formal institutions and measures for ensuring justice and
reconciliation with respect to the conflict.
2.2.
The accountability processes stipulated in this Agreement shall relate
to the period of the conflict. However, this clause shall not prevent
the consideration and analysis of any relevant matter before this
period, or the promotion of reconciliation with respect to events that
occurred before this period.
2.3.
The Parties believe that a comprehensive, independent and impartial
analysis of the history and manifestations of the conflict, especially
the human rights violations and crimes committed during the course of
the conflict, is an essential ingredient for attaining reconciliation at
all levels.
2.4.
The Parties agree that at all stages of the development and
implementation of the principles and mechanisms of this Agreement, the
widest possible consultations shall be promoted and undertaken in order
to receive the views and concerns of all stakeholders, and to ensure the
widest national ownership of the accountability and reconciliation
processes. Consultations shall extend to state institutions, civil
society, academia, community leaders, traditional and religious leaders,
and victims.
2.5.
The Parties undertake to honour and respect, at all times, all the
terms of this Agreement which shall be implemented in the utmost good
faith and shall adopt effective measures for monitoring and verifying
the obligations assumed by the Parties under this Agreement.
Principles of general application
3.1.
Traditional justice mechanisms, such as CuloKwor, MatoOput, Kayo Cuk,
Ailuc and Tonu ci Koka and others as practiced in the communities
affected by the conflict, shall be promoted, with necessary
modifications, as a central part of the framework for accountability and
reconciliation.
Conduct of proceedings
3.2.
The Parties recognise that any meaningful accountability proceedings
should, in the context of recovery from the conflict, promote
reconciliation and encourage individuals to take personal responsibility
for their conduct.
3.3.
With respect to any proceedings under this Agreement, the right of the
individual to a fair hearing and due process, as guaranteed by the
Constitution, shall at all times be protected. In particular, in the
determination of civil rights and obligations or any criminal charge, a
person shall be entitled to a fair, speedy and public hearing before an
independent and impartial court or tribunal established by law.
3.4.
In the conduct of accountability and reconciliation processes, measures
shall be taken to ensure the safety and privacy of witnesses.
Witnesses
shall be protected from intimidation or persecution on account of their
testimony. Child witnesses and victims of sexual crimes shall be given
particular protection during proceedings.
Cooperation within proceedings
3.5.
The Parties shall promote procedures and approaches to enable
individuals to cooperate with formal criminal or civil investigations,
processes and proceedings.
Cooperation
may include the making of confessions, disclosures and provision of
information on relevant matters. The application of any cooperation
procedures shall not prejudice the rights of cooperating individuals.
3.6.
Provisions may be made for the recognition of confessions or other
forms of cooperation to be recognised for purposes of sentencing or
sanctions.
Legal representation
3.7.
Any person appearing before a formal proceeding shall be entitled to
appear in person or to be represented at that person’s expense by a
lawyer of his or her choice. Victims participating in proceedings shall
be entitled to be legally represented.
3.8.
Provision shall be made for individuals facing serious criminal charges
or allegations of serious human rights violations and for victims
participating in such proceedings, who cannot afford representation, to
be afforded legal representation at the expense of the State.
Finality and effect of proceedings
3.9.
In order to achieve finality of legal processes, accountability and
reconciliation procedures shall address the full extent of the offending
conduct attributed to an individual. Legislation may stipulate the time
within which accountability and reconciliation mechanisms should be
undertaken.
3.10.
Where a person has already been subjected to proceedings or exempted
from liability for any crime or civil acts or omissions, or has been
subjected to accountability or reconciliation proceedings for any
conduct in the course of the conflict, that person shall not be
subjected to any other proceedings with respect to that conduct.
Accountability
4.1.
Formal criminal and civil justice measures shall be applied to any
individual who is alleged to have committed serious crimes or human
rights violations in the course of the conflict. Provided that, state
actors shall be subjected to existing criminal justice processes and not
to special justice processes under this Agreement.
4.2.
Prosecutions and other formal accountability proceedings shall be based
upon systematic, independent and impartial investigations.
4.3.
The choice of forum for the adjudication of any particular case shall
depend, amongst other considerations, on the nature and gravity of the
offending conduct and the role of the alleged perpetrator in that
conduct.
4.4.
For purposes of this Agreement, accountability mechanisms shall be
implemented through the adapted legal framework in Uganda.
Legal and institutional framework
5.1.
The Parties affirm that Uganda has institutions and mechanisms, customs
and usages as provided for and recognised under national laws, capable
of addressing the crimes and human rights violations committed during
the conflict. The Parties also recognise that modifications may be
required within the national legal system to ensure a more effective and
integrated justice and accountability response.
5.2.
The Parties therefore acknowledge the need for an overarching justice
framework that will provide for the exercise of formal criminal
jurisdiction, and for the adoption and recognition of complementary
alternative justice mechanisms.
5.3.
Alternative justice mechanisms shall promote reconciliation and shall
include traditional justice processes, alternative sentences,
reparations, and any other formal institutions or mechanisms.
5.4.
Insofar as practicable, accountability and reconciliation processes
shall be promoted through existing national institutions and mechanisms,
with necessary modifications. The Parties shall consult on the need to
introduce any additional institutions or mechanisms for the
implementation of this Agreement.
5.5.
The Parties consider that the Uganda Human Rights Commission and the
Uganda Amnesty Commission are capable of implementing relevant aspects
of this Agreement.
Legislative and policy changes
5.6.
The Government will introduce any necessary legislation, policies and
procedures to establish the framework for addressing accountability and
reconciliation and shall introduce amendments to any existing law in
order to promote the principles in this Agreement.
Formal justice processes
6.1.
Formal courts provided for under the Constitution shall exercise
jurisdiction over individuals who are alleged to bear particular
responsibility for the most serious crimes, especially crimes amounting
to international crimes, during the course of the conflict.
6.2.
Formal courts and tribunals established by law shall adjudicate
allegations of gross human rights violations arising from the conflict.
Sentences and Sanctions
6.3.
Legislation shall introduce a regime of alternative penalties and
sanctions which shall apply, and replace existing penalties, with
respect to serious crimes and human rights violations committed by
non-state actors in the course of the conflict.
6.4.
Alternative penalties and sanctions shall, as relevant: reflect the
gravity of the crimes or violations; promote reconciliation between
individuals and within communities; promote the rehabilitation of
offenders; take into account an individual’s admissions or other
cooperation with proceedings; and, require perpetrators to make
reparations to victims.
Reconciliation
7.1.
The Parties shall promote appropriate reconciliation mechanisms to
address issues arising from within or outside Uganda with respect to the
conflict.
7.2.
The Parties shall promote collective as well as individual acts and
processes of reconciliation shall be promoted at all levels.
7.3. Truth-seeking and truth-telling processes and mechanisms shall be promoted.
Victims
8.1.
The Parties agree that it is essential to acknowledge and address the
suffering of victims, paying attention to the most vulnerable groups,
and to promote and facilitate their right to contribute to society.
8.2.
The Government shall promote the effective and meaningful participation
of victims in accountability and reconciliation proceedings,
consistently with the rights of the other parties in the proceedings.
Victims shall be informed of the processes and any decisions affecting
their interests.
8.3.
Victims have the right of access to relevant information about their
experiences and to remember and commemorate past events affecting them.
8.4.
In the implementation of accountability and reconciliation mechanisms,
the dignity, privacy and security of victims shall be respected and
protected.
Reparations
9.1.
Reparations may include a range of measures such as: rehabilitation;
restitution; compensation; guarantees of non-recurrence and other
symbolic measures such as apologies, memorials and commemorations.
Priority shall be given to members of vulnerable groups.
9.2.
The Parties agree that collective as well as individual reparations
should be made to victims through mechanisms to be adopted by the
Parties upon further consultation.
9.3.
Reparations, which may be ordered to be paid to a victim as part of
penalties and sanctions in accountability proceedings, may be paid out
of resources identified for that purpose.
Gender
10.
In the implementation of this Agreement, a gender-sensitive approach
shall be promoted and in particular, implementers of this Agreement
shall strive to prevent and eliminate any gender inequalities that may
arise.
Women and girls
11. In the implementation of this Agreement it is agreed to:
(i) Recognise and address the special needs of women and girls.
(ii) Ensure that the experiences, views and concerns of women and girls are recognised and taken into account.
(iii) Protect the dignity, privacy and security of women and girls.
(iv) Encourage and facilitate the participation of women and girls in the processes for implementing this agreement.
Children
12. In the implementation of this Agreement it is agreed to:
(i) Recognise and address the special needs of children and adopt child-sensitive approaches.
(ii) Recognise and consider the experiences, views and concerns or children.
(iii) Protect the dignity, privacy and security of children in any accountability and reconciliation proceedings.
(iv)
Ensure that children are not subjected to criminal justice proceedings,
but may participate, as appropriate, in reconciliation processes.
(v) Promote appropriate reparations for children.
(vi) Encourage and facilitate the participation of children in the processes for implementing this Agreement.
Resources
13. The Government will avail and solicit resources for the effective implementation of this Agreement.
Obligations and undertakings of the parties
The Parties:
14.1. Expeditiously consult upon and develop proposals for mechanisms for implementing these principles.
14.2.
Ensure that any accountability and reconciliation issues arising in any
other agreement between themselves are consistent and integrated with
the provisions of this Agreement.
The Government:
14.3. Adopt an appropriate policy framework for implementing the terms of this Agreement.
14.4.
Introduce any amendments to the Amnesty Act or the Uganda Human Rights
Act in order to bring it into conformity with the principles of this
Agreement.
14.5.
Undertake any necessary representations or legal proceedings nationally
or internationally, to implement the principles of this Agreement.
14.6. Address conscientiously the question of the ICC arrest warrants relating to the leaders of the LRA/M.
14.7.
Remove the LRA/M from the list of Terrorist Organisations under the
Anti-Terrorism Act of Uganda upon the LRA/M abandoning rebellion,
ceasing fire, and submitting its members to the process of Disarmament,
Demobilisation, and Reintegration.
14.8.
Make representations to any state or institution which has proscribed
the LRA/M to take steps to remove the LRA/M or its members from such
list.
The LRA/M:
14.9. The LRA/M shall assume obligations and enjoy rights pursuant to this Agreement.
14.10. The LRA/M shall actively promote the principles of this Agreement.
Adoption of mechanisms for implementing this agreement
15.1.
The Parties shall negotiate and adopt an annexure to this Agreement
which shall set out elaborated principles and mechanisms for the
implementation of this Agreement. The annexure shall form a part of this
Agreement.
15.2.
The Parties may agree and the Mediator will provide additional guidance
on the matters for the Parties to consider and consult upon in the
interim period, in developing proposals for mechanisms for implementing
this agreement.
Commencement
This agreement shall take effect upon signature.
APPENDIX E:
ANNEXURE TO THE AGREEMENT ON ACCOUNTABILITY AND RECONCILIATION, 19 FEBRUARY 2008
THE Annexure to the Agreement on Accountability and Reconciliation signed between the Government of the Republic of Uganda (the Government) and the Lord's Resistance Army/Movement (LRA/M) (the Parties) on 29th June 2007 (the Principal Agreement) provides as follows:
The parties
Having
signed the Principal Agreement by which the parties committed
themselves to implementing accountability and reconciliation with
respect to the conflict;
Pursuant
to the terms of the principal agreement calling for the adoption of
mechanisms for implementing accountability and reconciliation;
Having
carried out broad consultations within and outside Uganda, and in
particular, with communities that have suffered most as a result of the
conflict;
Having established through consultations under Clause 2.4 of the principal
agreement, that there is national consensus in Uganda that adequate
mechanisms exist or can be expeditiously established to try the offences
committed during the conflict;
Recalling
their commitment to preventing impunity and promoting redress in
accordance with the Constitution and international obligations, and
recalling, in this connection, the requirements of the Rome Statute of
the International Criminal Court (ICC) and in particular the principle
of complementarity;
Confident
that the Principal Agreement embodies the necessary principles by which
the conflict can be resolved with justice and reconciliation and
consistent with national and international aspirations and standards;
Now therefore agree as follows:
Primacy of the Principal Agreement
1. This
Annexure sets out a framework by which accountability and
reconciliation are to be implemented pursuant to the principal
agreement, provided that this annexure shall not in any way limit the
application of that agreement, whose provisions are to be implemented in
full.
2. The
government shall expeditiously prepare and develop the necessary
legislation and modalities for implementing the principal agreement and
this annexure ('the agreement').
3. The
government, under clause 2 above, shall take into account any
representations from the parties on findings arising from the
consultations undertaken by the parties and any input by the public
during the legislative process.
Inquiry into the past and related matters (Principal Agreement: clauses 2.2 & 2.3)
4.
The government shall by law establish a body to be conferred with all
the necessary powers and immunities, whose functions shall include:
(a) to consider and analyse any relevant matters including the history of the conflict;
(b) to inquire into the manifestations of the conflict;
(c) to inquire into human rights violations committed during the conflict, giving particular attention to the experiences of women and children;
(d) to hold hearings and sessions in public and private;
(e) to make provision for witness protection, especially for children and women;
(f) to make special provision for cases involving gender based violence;
(g) to promote truth-telling in communities and in this respect to liaise with any traditional or other community reconciliation interlocutors;
(h) to promote and encourage the preservation of the memory of the events and victims of the conflict through memorials, archives, commemorations and other forms of preservation;
(i) to gather and analyse information on those who have disappeared during the conflict;
(j) to make recommendations for the most appropriate modalities for implementing a regime of reparations, taking into account the principles set out in the principal agreement;
(k) to make recommendations for preventing any future outbreak of conflict;
(l) to publish its findings as a public document;
(m) to undertake any other functions relevant to the principles set out in this agreement.
5. In
the fulfilment of its functions, the body shall give precedence to any
investigations or formal proceedings instituted pursuant to the terms of
this agreement. Detailed guidelines and working practices shall be
established to regulate the relationship between the body and any other
adjudicatory body seized of a case relating to this agreement.
6. The
body shall be made up of individuals of high moral character and proven
integrity and the necessary expertise for carrying out its functions.
In particular, its composition shall reflect a gender balance and the
national character.
Legal and Institutional Framework (Principal Agreement: Part 5)
7. A
special division of the High Court of Uganda shall be established to
try individuals who are alleged to have committed serious crimes during
the conflict.
8. The
special division of the High Court shall have a registry dedicated to
the work of the division and in particular, shall make arrangements to
facilitate the protection and participation of witnesses, victims, women
and children.
9. For
the proper functioning of the special division of the court in
accordance with the agreed principles of accountability and
reconciliation, legislation may provide for:
(a) The constitution of the court;
(b) The substantive law to be applied;
(c) Appeals against the decisions of the court;
(d) Rules of procedure;
(e) The recognition of traditional and community justice processes in proceedings.
Investigations and Prosecutions (Principal Agreement: Part 4)
10.
The government shall establish a unit for carrying out investigations
and prosecutions in support of trials and other formal proceedings as
envisaged by the principal agreement.
11. The unit shall have a multi-disciplinary character.
12.
The Director of Public Prosecutions shall have overall control of the
criminal investigations of the unit and of the prosecutions before the
special division.
13. Investigations shall:
(a) Seek to identify individuals who are alleged to have planned or carried out widespread, systematic, or serious attacks directed against civilians;
(b) Reflect the broad pattern of serious crimes and violations committed during the conflict;
(c) Give particular attention to crimes and violations against women and children committed during the conflict.
14.
Prosecutions shall focus on individuals alleged to have planned or
carried out widespread, systematic, or serious attacks directed against
civilians or who are alleged to have committed grave breaches of the
Geneva Conventions.
Cooperation with Investigations and Proceedings (Principal Agreement: Clauses 3.5 & 3.6)
15.
Rules and procedures shall regulate the manner in which an individual
may cooperate with any investigations and proceedings arising from this
Agreement, by disclosure of all relevant information relating to:
(a) His or her own conduct during the conflict;
(b) Details which may assist in establishing the fate of persons missing during the conflict;
(c) The location of land mines or unexploded ordnances or other munitions; and,
(d) Any other relevant information.
Provided that a person shall not be compelled to disclose any matter which might incriminate him or her.
Reparations (Principal Agreement: Clauses 6.4 & 9))
16.
The government shall establish the necessary arrangements for making
reparations to victims of the conflict in accordance with the terms of
the principal agreement.
17.
Prior to establishing arrangements for reparations, the government
shall review the financial and institutional requirements for
reparations, in order to ensure the adoption of the most effective
mechanisms for reparations.
18.
In reviewing the question of reparations, consideration shall be given
to clarifying and determining the procedures for reparations.
Traditional Justice (Principal Agreement: Clause 3.1)
19.
Traditional justice shall form a central part of the alternative
justice and reconciliation framework identified in the principal
agreement.
20.
The government shall, in consultation with relevant interlocutors,
examine the practices of traditional justice mechanisms in affected
areas, with a view to identifying the most appropriate roles for such
mechanisms. In particular, it shall consider the role and impact of the
processes on women and children.
21. The Traditional Justice Mechanisms referred to include:
i. MatoOput in Acholi, Kayo Cuk in Lango, Ailuc in Teso, Tonu ci Koka in Madi and Okukaraba in Ankole; and
ii. Communal dispute settlement institutions such as family and clan courts.
22. A person shall not be compelled to undergo any traditional ritual.
Provisions of General Application
23.
Subject to clause 4.1 of the principal agreement, the Government shall
ensure that serious crimes committed during the conflict are addressed
by the special Division of the High Court; traditional justice
mechanisms; and any other alternative justice mechanism established
under the principal agreement, but not the military courts.
24.
All bodies implementing the agreement shall establish internal
procedures and arrangements for protecting and ensuring the
participation of victims, traumatised individuals, women, children,
persons with disabilities and victims of sexual violence in proceedings.
25.
In the appointment of members and staff of institutions envisaged by
the Agreement, overriding consideration shall be given to the
competences and skills required for the office, and gender balance shall
be ensured.
26.
The mediator shall from time to time receive or make requests for
reports on the progress of the implementation of the agreement.
Coordinator Jan Egeland (2003-2006) quoted by Iverson,
Anne Kirsline. "Transitional Justice In Northern Uganda: A report on
the pursuit of justice in ongoing conflict." Thesis, 2009. P.1
[3]Iversen,
Anne Kirstine. (2009) "Transitional Justice In Northern Uganda: A
report on the pursuit of justice in ongoing conflict." Thesis, P.1
[4]
Others are Agago, Amuru, Pader, Lamwo, Kitgum, Nwoya. Previously,
before sub division, there were only three Acoli districts i.e. Gulu,
Kitgum&Pader.
[6]Storelli-Castro, Luciana (2011). "Justice over Peace?Transitional Justice in Northern Uganda."Journal for International Service(pages;50-68) p.51
[7]BogerePhillipa (2008)“The role of traditional Justice in resolving Armed conflict” MakerereUniversity,LLB Thesis p. 2
[8]
Zachary Lomo et al, (2004)“Behind the Violence: Causes, Consequences
and The Search for Solutions to the War IN Northern Uganda” Refugee Law
Project Working Paper No. 11; p.4
[9] Carlos, R.S (2009) “ Tall grass: Stories of Suffering and Peace in Northern Uganda” p.24
[11] “Peace and Reconciliation: United States Virtual Presence in Northern” Uganda December 1-31, 2008. at; http/www/peace-and- reconciliation- United States. Html// Accessed on Mon Feb 20 2012) It recounts the conflict in detail and government efforts to end it.
[12]
The LRA retreated and ceased operations in Northern Uganda but they
however remain active in the DRC and CAR, wreaking havoc as before.
[13] Carlos, R.S: supra (note 11)at p.23
[14] ZACHARY et al at P.8, referring to an
article , “The Hidden War: The Forgotten People, Human Rights and Peace
Centre, Makerere University Faculty of Law, and Liu Institute for
Global Issues (October 2003)
[15] Zachary et al: supra(note 10) at P.9
[16]
According to the research by Refugee Law Project, many people
interviewed were of the view that in Uganda, ‘If you don’t like the
government, you go to the bush!’ It is also no coincidence that rebel
groups were formed to overthrow governments including President
Museveni’s NRM government.
[17] For ethnic groups in Uganda, refer to Appendix M
[18]
Supra (note10) at p.11 It also quotes assertions from an interviewee
that the president said he will put Northerners in a bottle and they
will bite each other like grasshoppers when he comes to power.
[20] The Oxford Advanced Learners Dictionary, Sixth Edition
[22]Lucy
Hovil et al “ Peace First, Justice Later: Traditional Justice in
Northern Uganda” Refugee Law Project Working Paper No 17 at p. II
[23] Webster’s Third New International Dictionary(1961)
[24] UNDP: “Transitional Justice In Northern Uganda, Eastern Uganda And Some Parts Of West Nile”. Kampala : JLOs , 2007. p4
[25]
“What Is Transitional Justice?” December 2008. New York, International
Center for Transitional Justice. http://www.ictj.org/en/tj/ (Accessed
November 2012,)
[26]Iversen supra (note 4 )p.11
[27]LuciannoStorelli(supra)
note 8 at p. 6.The later times have seen developments that have led to
the expansion of transitional justice to include non-criminal mechanisms
of which peace is a prerequisite as a core component. Therefore
reparations can be classified as a mechanism for attaining positive
peace.
[28]
UNDP & JLO(2007) “ Transitional Justice in Northern Uganda, Eastern
Uganda and Some parts of West Nile Region” Journal of International
Service P.5
[29] Refer to Articles 20,21,32 & 33 Uganda 1995 Constitution for equality and affirmative action provisions
[30]NahlaValji: (2007)“Gender Justice and Reconciliation” Dialogue of Globalisation, Occasional paper. No. 35/Nov, 2007 at p.3
[32]ACORD (2010) “Protection
and Restitution for Survivors of Sexual and Gender Based Violence in
Uganda: The legal peculiarities, the possibilities and the options” at P.10
[33]
Lindsay McClain and Allan Ngari(2011). Pay Us so We Can Forget:
Reparations for Victims and Affected Communities in Northern Uganda.
Kampala: Justice And Reconciliation Project , August 2011.
[34] The Saturday Monitor, 11th Feb,2012 “Laments of ex-LRA abductees ) p.5
[35] There have also been claims for reparations for effects of insurgencies that have occurred since 1962
[36] These countries include Peru, South Africa, Chile, Argentina, Latin America etc
[37]Professor of Law, and Professor of Political Science, Vanderbilt University
[38]
The Moroccan Equity and Reconciliation Commission was the world’s first
truth Commission with the power to give reparations directly.The
commission influenced changes in awards of reparations to women,
shifting the criteria away from inheritance law to criteria based on
their equality as human beings and on the nature and degree of the
wrongs they had suffered. This could be helpful if adopted in Uganda to
avoid discrimination based on cultural and social practices in effecting
reparations.
[39]
Lisa, J.L (2007) Truth with Consequences: Justice and Reparations in
Post Truth Commission in Peru. Human Rights Quarterly 29 (2007) 228–250 ©
2007 by The Johns Hopkins University Press P. 12
[40] Information from interviews conducted. See Cap 3
[42] Mary Land School of Law (2009) “A No Excuse Approach To Transitional Justice: Reparations
as tools of Extraordinary Justice” at:
http://wwwpapers.ssrn.com/sd3/papers.cfm?abstract-id=43107maryland
school of law//
[43] Indeed Allan Ngari et al recognised that most peoples in Northern Uganda understood reparations to mean monetary compensation at P. 5
[44]Ruti.G.Teitel (2000) Transitional Justice. (Chapter four; Reparatory Justice)p. 126
[45] President PatricioAylwin issued a public commemoration. See also Latin America
[46] Jon Elster(2004) Closing The Books: Transitional Justice in Historical Perspective, columbia University, Cambridge University Press P. 24
[47]
That acts of wrong doing that cause wrong doing that cause suffering
can elicit two reactions in the victim first being the desire for
corresponding suffering i.e. an eye for an eye or there maybe a desire for the harm to be undone , at least to some extent as far as possible
[48] Jon Elster Supra (note 61) P. 28
[50]Nobert Mao writes that Museveni has never failed to find some one to blame for the LRA war. Infra(note 203)
[51]
UNDP (2007) “Transitional Justice In Northern Uganda, Eastern Uganda
And Some Parts Of West Nile” Kampala: JLO sector, 2007 P. 3
[52]NahlaValji: “Gender justice and reconciliation” Dialogue on Globalisation, Occassional paper. No. 35/Nov, 2007
[54] Amnesty International Supra(note) p. 10
[55] Securing Post Conflict Justice for Victims of Sexual Violence in Armed Conflicts: A case study of Northern Uganda p. i
[57]
Martha Minow, “Between Vengeance and Forgiveness: Facing History after
Genocide and Mass Violence” Boston Beacon Press, 1998); Naomi
Roht-Arriaza, Ed. Also see, GemimaGordos (infra) p. 66
[58]
7Chorzow Factory Case, Merits, 1928, PCIJ, Series A, No 17, p.47;
Crawford, J, The International Law Commission’s Articles on State
Responsibility, Commentary to Article 31, p.202.
[60]Adopted
by the UN General Assembly in resolution 39/46 of 10 December 1984 at
New York,-opened for signature, ratification and accession on 10
December 1984,entered into force on 26 June 1987
[61]Adopted on 12 August 1949 at Geneva by the Diplomatic Conference for the Establishment of International
Conventions for the Protection of Victims of War,-entered into force on 21 October 1950
[62]Adopted in Rome on 17 July 1998 and opened for signature and ratification,-entered into force on 1 July 2002
[63]Adopted
on 27 June 1981 by the 18th Assembly of Heads of State of the
Organization of African Unity at Nairobi, opened for signature,
ratification and accession on 27 June 1981, entered into force on 21
October 1986.
[64]
At the 2005 World Summit, Member States included R2P in the Outcome
Document agreeing in Paragraph 138.In April 2006, the United Nations
Security Council (UNSC) reaffirmed the provisions of paragraphs 138 in
resolution (S/RES/1674). This formalized their support for the
Responsibility to Protect.
[65]
UN General Assembly, Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross Violations of International
Human Rights Law and Serious Violations of International Humanitarian
Law : resolution / adopted by the General Assembly, 21 March 2006,
A/RES/60/147, available at:
http://www.unhcr.org/refworld/docid/4721cb942.html [accessed 27 February
2012]
[66]
The Basic Principles and Guidelines “do not entail new international or
domestic legal obligations but identify mechanisms, modalities,
procedures and methods for the implementation of existing legal
obligations under international human rights law and international
humanitarian law which are complementary though different as to their
norms.
[67] Lindsay, M et al supra(note 37) P.2
[69] Albert Wilson v. Philippines, Communication No. 868/1999, November 2003
[70]Saman v. Leeladasa, SC Application No. 4/88, 1989
[71]LoayzaTamaya case, Series 2 No. 42, Reparations, Judgment of 27 November 1998
[74]For example President PatricioAylwin IN Chile supra note 63
[76]
Quoted in Redress Trust, Audit Project: A Survey of the Law and
Practice of Reparation for Torture in 30 Countries Worldwide, April
2003, p. 22
[78] Theo B supra(note 88)
[81]
Principle 3(c) In this connection reference is also made to principle
15: “In cases where a person, a legal person, or other entity is found
liable for reparation to a victim, such party should provide reparation
to the victim or compensate the State if the State has already provided
reparation to the victim. It is a victim-oriented perspective that was
kept in mind in extending, albeit in a modest and cautious way, the
scope of the Principles and Guidelines to include the responsibility and
liability of non-State actors.
[82] The Principles and Guidelines have served as reference for governments and domestic, regional and international courts. It should also be noted that in a decision of 18 January 2008 on victims’ participation in the case of The Prosecutor v. Thomas LubangaDyilo (ICC-01/04-01/06),
, the Trial Chamber of the International Criminal Court, in the absence
of a definition of the concept of harm under its own rules, referred to
this concept in principle 8 of the Principles and Guidelines as
providing “appropriate guidance”. A highly notable impact of the
Principles and Guidelines on the development of international human
rights law can be found in the International Convention for the
Protection of All Persons from Enforced Disappearances. . Article 24 of
this Convention, following the various forms of reparation as set out in
the Principles and Guidelines, is more elaborate and specific about the
victims’ right to obtain reparation than any previous international
human rights treaty.
[83]
Uganda deposited its instrument of ratification of the Rome Statute of
the International Criminal Court, UN Doc A/CONF, 183/9) on 14 June 2002
[84] Lindsay. M et al Supra (note 36) P.4
[87] signed in 1999 and ratified Statute in June 2002
[88] The Uganda Gazette No 39 Volume CIII dated 25th June 2010, assented on 25th May 2010.
[92]
See Article 75 and 79 of the Rome Statute; and the Uganda Victims
Foundation’s Statement on the International Crimes Bill of 2009, 4th
November 2009
[93] REFUGEE
LAW PROJECT( 2011) “ A centre for Justice and Forced Migrants” “Witness
To the Trial” Monitoring the Kwoyelo Trial ,issue 1 Opening Criminal
Session/Plea Taking Gulu High Court, International Crimes Division,
July 11.
[94] HCT-00-ICD- Case No. 02/10
[95]Thomas Kwoyelo alias Latoni V Uganda, Const. Pet.No. 036 Of 2011(reference)
[96] REFUGEE LAW PROJECT( 2011) “ A centre for Justice and Forced Migrants” supra
[97]As revealed by this research Cap 4
[102] Principal Agreement: clauses 2.2 & 2.3
[103] Reparations are provided for in Art16
[106]The commission’s recommendations for reparations included offering single mothers, including
survivors of sexual violence and war widows a scholarship for the school aged children until they
reach eighteen years of age; providing single mothers with access to other services such as
counselling, peer support; livelihood skills training and access to micro-credit for livelihood activities;
and the provision of support to severely affected communities through activities like healing workshops.
The
commission also made significant advancements towards gender justice
which included reparations for single mothers was interpreted to include
all mothers who were not legally married, whose partner was killed or
disappeared, or who were survivors of sexual violence and bore children
out of the rape.
[107]ACORD
(2010)“Protection and Restitution for Survivors of Sexual and Gender
Based Violence in Uganda: The legal peculiarities, the possibilities and
the options “ September, 2010 at p.16
[111] Radio presenter Choice FM, Gulu town interviewed on 31/03/2012
[112] Interviewee(15-25yrs, male)at Unyama Trading Centre
[113] Translated by the interviewer
[114] At Laroo Boarding Primary School on 31/03/2012
[115] 35 year old female resident from Bungatirasubcounty in TwonOkun parish in Gulu district
[116] 45year old male interviewed in Laliya Trading Centre , Bungatira 31/03/12
[117] Female(51yrs)(Translated by the interviewer) from Bungatira, Layik,
[118] Interviewee(male) at Laroo Boarding School,Laroo 31/03/12 at 10.00am Translated by the interviewer(researcher) who is a native of the district and knows Acoli language(Luo)
[119] Male interviewee at Unyama, Tefoyointerviwed on the 31/03/12
[120] Interviewee(widow) at Bungatira sub county, TwonOkun 31/03/12 at 5.00pm
[121] Child (returnee)interviewed at Laroo Boarding school on 31/03/12 at 11:00am
[123] Alfred
Okello, project coordinator at KicaBer(child mothers home), said only
32 of the victims have undergone surgery and rehabilitation, and all
these had bullets lodged in their bodies. interviewed 30th march, 2012 at Bright valley
[124] A 50 year old female of Bungatira Sub-county, Laliya parish interviewed at Laliya trading centre on 30/03/2012 at 4:37pm
[125] Interviewee at Pece who lived in Bungatira, Pakwelo,28/01/12
[126], Tefoyo parish interviewed on the 31/03/2012 at Unyama Trading centre
[127] Interviewee(female) no 12 in Bungatira 31/03/2012
[128] Interviewee(male) of 62 at BungatiraTwonOkun, 30/03/2012
[129]Onek Paul, Male interviewee of 27years interviewed in Gulu town, Pece
[130] Interview held at Unyama Trading Centre on the 31/U/1012
[131] A gateman (46yrs and above)at Laroo Boarding school interviewer from the school on the 31/03/2012
[132] Ages 13,14,12,13 and 11 years on the 31/03/2012
[133] Franklin Draku; Uganda Radio Network “Government Diverts PRDP Money to Pay Acholi War Debt Claimants” www.ugandaradionetwork.com accepted on 2011-12-15 08:18:28 Accessed on 23/03/2012.
[134] 51year old Female from Bungatira sub county 31/03/12
[135] Male,61 years from Unyama sub county Interviewed from Tefoyo
[136] The interviewer noted that at Unyama camp for instance, there were still people staying in the camps.
[137] Chairman Gulu District, OjaraMapenduzi(infra)
[139] Wilson Abok, interviewed by Acholi Times(ibid)
[140] Ibid(interviewed by Acholi Times)
[145]YasiinMugerwa | Parliament;The Daily Monitor “Teen Pregnancy Prevalent in Northern Uganda” Friday, 13 February 2009 00:0
[147]YasiinMugerwa, The Monitor (ibid)
[150]OjaraMapenduzi interviewed on 29, 31/03/2012
[151] UN Women and UNDP : Reparations, Development and Gender (supra) P.5
[152] Senior researcher at RLP interviewed on 30th Jan, 2012 at 5:20pm
[153]
RLP Senior Researcher (supra) recounted an incident where victims
rejected money offers and demanding apology and acknowledgment from the
government.
[154] Female from Bungatira Sub county, Layik interviewed in Laliya Trading Centre 31/03/2012
[155] 35 yrs old Female , Unyama camp 30/03/2012
[156] Lindsay McClain JRP Communications officer(ibid)
[157] David Komagum, Assistant Administrator WATOTO Church interviewed on the 27/01/2012
[158] Olive Bisaso Coordinator of Living Hope WATOTO interviewed on the 27/01/2012
[159] The Project Officer explained that the org seeks to address disputes targeting IDPs to attain durable solutions
[161]
According to an interviewee from Laroo Boarding School, the NGO has
‘taken many children and paid for them school fees for higher
education.’ 31/04/2012
[162] Sam Lawino, “Kony 2012 video makers using us to make profit, victim says” The Daily Monitor Tuesday 17th, 2012
[165]MahmoodMamdani:
“What Jason did not tell Gavin and his army of invisible children” The
Daily Monitor, Tuesday, March 13, 2012. ‘[The] failure by the ICC to
indict the leadership of government soldiers presents ‘selective
justice.’
[166] Lindsay McClain , JRP Communications Officer(ibid)
[167] Amnesty International,(2008) “Left to their own devices; supra
[168] Amnesty International (ibid)
[169]
The agreements allow no opening for victims to challenge decisions
about the program through judicial review before a competent,
independent and impartial court and also to seek other reparations
measures before national courts which is even worsened by the fact that
no legal or other necessary assistance is to all victims seeking to
enforce their right to reparations before national courts.
[170] Senior Researcher at RLP interviewed on the 27/01/2012 at 5:15pm at their offices in Gulu town.
[171] That we can learn from East Timor.
[172]
These include the UN Compensation Commission, the German Foundation
“Remembrance, Responsibility and Future” and the Swiss Banks Settlement
Fund, amongst others. For example, the Governing Council of the UN
Compensation Commission decided to introduce a fast-track procedure
including interim awards for a number of categories of victims’ claims,
whose needs were considered to be of greatest urgency and who were
effectively accorded preferential treatment.
[173]
These include any judicial and non judicial elements, time limitations
for bringing claims, whether to have oral hearings, the standard of
proof, the nature and form of reparation to be awarded, and how awards
are to be disbursed.
[177]
UGANDA VICTIMS FOUNDATION C/o Africa Youth Initiative Network, P.O. Box
981 Lira, Plot 12, Otim Tom road, Junior Quarters “Statement on the
National Reconciliation Bill of 2009” 4th November 2009
