Reparations in Northern Uganda

EXPLORING THE VIABILITY OF REPARATIONS AS A TRANSITIONAL JUSTICE MECHANISM IN NORTHERN UGANDA: THE CASE STUDY OF GULU DISTRICT

           

ATIM SHEILLA GLORIA

A RESEARCH PAPER SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF BACHELOR OF LAWS DEGREE OF                                                                    MAKERERE UNIVERSITY

      JULY, 2012

Student                       AtimSheilla Gloria

Reg. No                       

Student No                 

Signature                     ………………….........                      

Date                            ……………………... ...

Supervisor                   J K N

Signature                     ........................................

Date                            .........................................

Dedication

 

I dedicate this Research Paper to my dear brothers and sisters, men and women, fathers and mothers, and children who have been affected by the brutal LRA war. The suffering and pain that you went through did not and will not go unnoticed. This Research Paper is written in the hope and prayer that more will be done by those responsible to improve our lands, lives and promote a better, peaceful and meaningful existence on earth.[J1]                

                     Acronyms

CAT                            Convention Against Torture

DDR                           Disarmament, Demobilization and Reintegration

DRC                            Democratic Republic of Congo

FEDEMU                   Federal Democratic Movement of Uganda

GoU                            Government of Uganda

HSMF                         Holy Spirit Mobile Force

ICC                             International Criminal Court

ICTJ                            International Centre for Transitional Justice

ILC                             International Law Commission

ICC                             International Criminal Court

ICCTFV                      International Criminal Court Trust Fund for Victims

ICCPR                                    International Covenant on Civil and Political Rights

ICESCR                      International Covenant on Economic, Social and Cultural Rights

JLO                             Justice Law and Order Sector

JRP                              Justice and Reconciliation Project

LRA                            Lord’s Resistance Army

Tj                                 Transitional justice

SODANN                   Soroti Development and NGO’s Network

ICCTV                        International Criminal Court’s Trust Fund for victims

UPDA                         Uganda People’s Defence Army

UPDF                          Uganda People’s Defence Force

RLP                             Refugee Law Project

SGBV                         Sexual Gender Based Violence

UN                              United Nations

WCC                           War Child Canada

NRA/M                       National Resistance Army/Movement

Abstract

This Research Paper focuses on reparations as a transitional justice mechanism that can be adopted in Northern Uganda. Recognising that there exists no universal transitional mechanism to be adopted by a state in transition after gross human rights violation and that the peculiar circumstances of the victims and state as a whole have to be taken into account in dealing with human rights violation, the argument is that, reparations are a viable transitional justice mechanism which if adopted may potentially bring an end to rivalry and recurrent war and conflict in Uganda as a whole.  The argument is that compensations, restitutions , guarantees of non repetition, satisfaction and apology as the components of a reparation programme initiated by the Government, if effective and adequate can address the scars left by the war in Northern Uganda, that spanned 23 years.

Table of contents

Declaration....................................................................................................................................... i

Dedication....................................................................................................................................... ii

Acknowledgment........................................................................................................................... iii

Acronyms....................................................................................................................................... iv

Abstract.......................................................................................................................................... vi

Table of contents........................................................................................................................... vii

1.0       CHAPTER ONE:  INTRODUCTION AND BACKGROUND....................................... 1

1.1       Introduction..................................................................................................................... 1

1.1       Background of the study ................................................................................................ 1

1.2       The context and meaning of key concepts...................................................................... 4

1.3       Statement of the problem................................................................................................ 5

1.4       Scope of the study........................................................................................................... 6

1.5       Objectives of the study................................................................................................... 6

1.6       Research methodology.................................................................................................... 7

1.7       Limitations of the study.................................................................................................. 8

1.8       Literature Review............................................................................................................ 8

2.0       CHAPTER TWO:  THE CONCEPT OF REPARATIONS............................................. 10

2.1       The concept of Transitional Justice............................................................................... 10

2.2       Role of reparations........................................................................................................ 11

2.2       Important considerations in a reparations policy........................................................... 13

2.3       Critical aspects of reparations........................................................................................ 13

3.0       CHAPTER THREE: THE LEGAL AND POLICY FRAMEWORK............................. 16

3.1       The normative framework for reparations..................................................................... 16

3.2       The UN Reparation Principles....................................................................................... 17

3.3       Forms of reparations...................................................................................................... 17

3.4       The right to reparations under the Rome Statute.......................................................... 22

3.5       Ugandan legal framework for reparations..................................................................... 22

3.6       Gender Related Aspects................................................................................................ 25

3.7       Child Related Aspects................................................................................................... 26

3.8       Resources....................................................................................................................... 27

4.0       CHAPTER FOUR: EXAMINATION OF DATA COLLECTED.................................. 28

4.1       Causes of the war.......................................................................................................... 28

4.2       Responsibility for the war............................................................................................. 28

4.3       Effect of the war........................................................................................................... 29

4.4       Reparations received so far........................................................................................... 30

4.5       Critical aspects of reparations........................................................................................ 33

4.6       Efforts of Government so far........................................................................................ 35

4.7       Factors that undermine effective reparations in Northern Uganda............................... 35

4.8       The role of Non-Governmental Organizations (NGOs)................................................ 37

4.9       Concerns about the agreements and Structuring Reparations....................................... 39

5.0       CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS............................. 41

5.1       Conclusion..................................................................................................................... 41

5.2       Recommendations......................................................................................................... 41

                Bibliography..................................................................................................................50           

1.0     CHAPTER ONE:            INTRODUCTION AND BACKGROUND

1.1     Introduction

To the outsider who visits Gulu …, the situation may look good on the surface. Judging by the many banks that have opened shop… recently, and the large number of trucks laden with merchandise on their way to Southern Sudan, it looks deceptively good. However, after several years of encampment with many relying on food handouts from humanitarian agencies, the situation for many war survivors is far from desirable. While programmes like the Northern Uganda Social Action Fund have been launched by the government to help, they have done little to solve the micro-economic needs of the people, and have been riddled with massive corruption scandals. Others such as NUREP and the PRDP have focused on infrastructural development such as roads, health centres and schools, and done little to address individual needs of survivors of the conflict.”[1]

Four years into the aftermath of the LRA war in Northern Uganda that lasted more than twenty years, many victims are still suffering. [J2] According to the words of a UN official the brutal actions committed were “the biggest forgotten, neglected humanitarian emergency in the world today.”[2]

The conflict led to untold suffering for both primary and secondary victims. Its consequences have been far-reaching and include destabilization of the region, the displacement of up to 1.8 million people, the killing and mutilation of tens of thousands of civilians, and the abduction of even more civilians, mainly children, for recruitment in the LRA forces.[3] Indeed as the old African saying goes, “when two elephants fight, it is the grass that suffers”. Tj mechanisms must be adopted to address the harm caused by the brutal conflict.

1.1     Background of the study[J3] 

1.1.1  General recap of area under study

Gulu district is one of seven Acoli districts[4] located in Northern Uganda which were most affected by armed violence and conflict in which the largest percentage of the population (Nearly 2 Million People) had been relocated to Internally Displaced persons’ camps since 1986 to about 2007.[5][J4] 

1.1.2 The chronology of conflicts in Uganda since independence

Uganda’s history has been described by Lucian Storelli-Castro[6] as one of impunity in which political violence, mass destruction and repression have been perennial ills with one despotic ruler being traded for another. War has been recurrent since 1962[7] from Idi Amin’s military coup in 1971 to the 14 insurgencies since Yoweri Museveni’s National Resistance Army/Movement (NRA/M) took power in 1986[8]. Insurgent groups like the UPDA the Holy Spirit Mobile Force (HSMF) were unsuccessful,[9] however the resulting power vacuum left by them was subsequently filled by the enigmatic Joseph Kony who united remnants of combatant forces and formed the LRA which huge military campaigns by government known as ‘Operation North’ in 1991 and ‘Operation Iron Fist’ in 2002 were unsuccessful in defeating.

Peace initiatives in 1994 and 2004 also failed whereupon the ICC indictments for the top most responsible leaders of the LRA were issued. Negotiations held in August 2006 resulted into the Agreement on Accountability and Reconciliation in 2007andthe Annex to the Agreement in 2008. In an abrupt turn, of events, however, Kony declared all hitherto signed agreements void in an April 2008 communiqué[10] whereupon the Democratic Republic of the Congo (DRC) Uganda and southern Sudan launched a joint military operation against the LRA leadership in, “Operation Lightening Thunder” against Kony's camps in Garamba National Park.[11] Meanwhile, the ensuing semblance of normalcy returned in Northern Uganda which allowed the displaced Acoli population to return home and the protective camps have been officially closed down.[12][J5] 

It is therefore apparent that ways to alleviate the harm caused by the conflict and also to end the chronic conflict in Uganda as a whole and Northern Uganda in particular must be found, which can be done by addressing its causes and effects through  inter alia transitional justice mechanisms.

1.1.3  Causes of the conflict in Northern Uganda

British colonial rule between 1984 and 1962 created a social economic division between Northern and Southern Uganda that marginalized the North from the rest of the country which division has persisted in post colonial Uganda.[13] This divided Uganda into the politic and economic elite in the South and the Acoli ‘military ethnocracy’ in North. This policy provided the ideological base to support militarism and divisions.

Whereas some writers regard the ghosts of the Luwero Triangle that haunt an Acoli people who lost economic and political influence following Museveni’s rise to power as the cause of the war, it is also suggested that  it is the NRM that initiated an ethnic war against northerners even before the Luwero Triangle.[14]

Numerous violent power struggles in Uganda’s post-independence history has also left a legacy of domination, violent politics and militarism that is difficult to overcome, particularly in the north. In light of the history of militarism, even the LRA war has been seen as the ‘normal course of business.’[15] At the same time, new governments pursued vendettas against the remnants of previous regimes. This, coupled with the absence of viable political structures allowing for the free entry and exit from the political process, as well as inadequate channels to express grievances or disaffection, further fuelled violent political change.[16]

In addition, trends in official government policy are seen as deliberately designed to exclude, discriminate, neglect or exploit certain groups[17] with regard to political participation and access to the national resources. As one ex-senior government recalled, ‘Someone came into my office once while I was away. When I came back, I asked my colleagues whether the person was a Ugandan or a foreigner. They said, “Oh, he was not a Ugandan. He was an Acholi”.’[18] In addition, it was concluded that this was the attitude of many people throughout the country. 

The war in Northern Uganda was thus two conflicts, one with the original root causes that still need attending to in many people’s minds and may in fact cause future conflict, and the LRA which was a poor manifestation of these grievances.[19] It is clear from these causes that there are deep seated animosities among ethnic and political groups in Uganda that has fuelled the chronic wars which need to be addressed amicably by encouraging reconciliation one of ways of which is through reparations.

1.2     The context and meaning of key concepts

1.2.1  Justice

Justice has been defined as the legal system used to punish people who have committed crimes.[20] In this study, justice is used in a broader sense to refer to the fair treatment and the quality of being fair and reasonable.[21] Justice, at its most basic level, is simply about dealing fairly with the wrongdoings of the past.[22]

1.2.2  Transitional justice (Tj)

Transition is the passage from one state, condition or place to another.[23] Transitional justice is about countries in transition that have witnessed mass atrocities, acts off the limits, or what has also been referred to as ‘radical evil’.[24] It is ‘a response to systematic or widespread violations of human rights and seeks recognition for victims and promotion of possibilities for peace, reconciliation and democracy’[25].

1.2.3  Peace

 It entails the notion of positive peace as distinguished from negative peace which merely calls for absence of violence[26]  but one that is coupled with the reduction of direct, structural, and cultural violence as a critical component.[27]

1.2.4  Reconciliation

Reconciliation herein means an end to a disagreement and a start of a good relationship again. It involves asking for forgiveness from an erstwhile enemy and the person in turn accepts the apology.[28] Reconciliation needs to respond to local experiences, needs, values, aspirations and resources.  

1.2.5  Gender justice

Gender equality refers to the roles attached to persons by society on the basis of their sexes. Gender justice[29] is the protection and promotion of civil, political, and social rights on the basis of gender equality.[30]

1.2.6  Reparations

Reparation entails the restoring to original, or good enough, condition of something that has been damaged. This is especially when the wrongs are done that undermine livelihood or significant interests.[31]  While reparations respond to human and material damages, they arise out of rights a[J6] nd serve as measures of accountability.

1.3     Statement of the problem

Whereas conflict is inevitable in Uganda given the differences among peoples, civil wars are not and ultimately the choice to weave different groups of people together is in the hands of the political leaders. Indeed as highlighted above, political, religious, ethinic and other differences have been exploited in Uganda since British colonial rule. Colonialists cannot however be parmanently blamed for the wars. Its is the leaders who through their vision (or lack thereof) that have built on these differences culminating into insurgencies right from 1962.

After war, a complex set of measures after war’s end that include consolidation of peace, provision of emergency relief and establishment of the political, social, economic, juridical and psychological foundations for sustainable development must be embraced. This is what makes peace agreements very vital. Mere signing of a peace agreement is not enough and does not mean irreversible reduction  of conflict. The government must implement these agreements in peace building following best practice not political feasibility which simply depends on the judgment and will of the government.In Sierra Leone for example, the truth commissiion did not provide survivors with reparations because it lacked an enforcement mandate, there was little

government ownership of the process, there were competing claims for limited resources and weak capacity on human rights and SGBV issues.[32] Therefore, reparations, as one of these mechanisms in peace building, must be carefully planned to ensure its adequacy for it to achieve a pacification of and reconciliatory effect on the victims of the war in Northern Uganda and avoid more wars.

Currently, the agreements have not yet been wholly implemented and reparations as a mechanism of transitional justice leading to peace have been neglected. There is no comprehensive framework in motion entailing reparations and the present government programs which in addition to falling short of being reparations, hardly address the desire for reparations which can be glimpsed from the title of the article ‘ Pay Us so We Can Forget:Reparations for Victims and Affected Communities in Northern Uganda’.[33] Lamenting, an ex-abductee said,

“Look, I live my life through brewing and selling alcohol. My children have dropped out of school because I cant afford to pay their fees. Let them arrest Kony and take him wherever they want but what matters for us is meaningful support to enable us regain our dignity”[34]

Government must therefore take an initiative and carry through with the peace agreements and promote reparations to the victims of the LRA war as one of the ways to achieve transitional justice.[J7] 

1.4     Scope of the study

The study is limited to Gulu district which is one of the districts most affected by the LRA insurgency. The study explores the extent to which reparation could be an effective tool in addressing the trauma, pain and psychosocial problems suffered by the victims of the LRA conflict highlighted above given that the armed conflict has ended or subsided. Special attention is also given to the best way in which a reparation policy can be formulated under the existing legal framework and also to the weakness within the current government policy and legal framework. This study is however limited to advocacy for reparations for the LRA insurgency.[35]

1.5     Objectives of the study

1.5.1  General objective[J8] 

Its ultimate objective is to show that reparations are practicable and viable and how they can be adopted by the government and other key players in the country to address the harm caused by the LRA insurgency.

1.5.2  Specific objectives

The study therefore sets out;

1.      To give an analysis and detailed examination of what reparations as a transitional justice mechanism entails and the legal bedrock on which the reparation doctrine rests in Uganda.

2.      To analyse the extent to which reparations have been embraced in Uganda

3.      To analyse the factors that undermine the effectiveness of reparations as a TJ mechanism.

4.      To sensitise the legislature and policy makers on the best way to make a law that adequately responds to the victims needs.

1.6     Research methodology

1.6.1   Research design

The study adopted a case study design and will be carried out in Gulu district which is one of the districts in the northern Uganda that has been affected by the LRA conflict. It will be descriptive in nature, and use qualitative approaches to establish and assess the understanding and adoption of reparations as a transitional justice mechanism.[J9] 

[J9] 1.6.2  Study population

The study population included women and men in the community, local leaders, government district officials and NGOs to find out their perception about appropriate reparations.

1.6.3    Sample size

The study drew a sample size of 10 women and 10 men from the community, 2 local leaders and 4 organizations working towards peace and justice in the region. This is a considerably manageable sample size for the study considering time and financial constraints.

1.6.4    Sampling procedures

Different sampling procedures were used to obtain the desired sample size. Purposive sampling was used to identify to get the local leaders and organizations working in the area. Random sampling was also used to get individual women and men for this study.

1.6.5  Data collection

Different data collection methods, tools and techniques were used for collecting information from respondents. Interviews and questionnaires were used for individual women and men to provide detailed information gathering and allow for probing and feedback. An interview schedule with an outline of relevant questions was the guide to the study and helped to ensure that all relevant data was collected. Key informants and documentary review and observation were also used to collect data.

1.6.6    Data analysis

Data was collected separately from each of the samples selected, grouped into general themes and then the various categories of responses emerging identified. The data from the individual and key informant interviews was then merged, compared, compiled and a qualitative analysis of the findings done. Interpretations of the data collected were made in line with the study objectives and the findings documented. It adopted a qualitative approach as it set out to investigate how women, men and children are involved in reparations programs. The design was descriptive and used data collection tools like interviews and focus group discussions.

1.7     Limitations of the study

Time Constraints: As a result of limited time, only a few persons were interviewed to represent the whole district. Financial constraints: This limited the areas I could travel to in Gulu to access information. This limitation was mitigated by seeking financial assistance from other sources. It was also very hard to find some interviewees especially district officials and who were too busy to give me some of their time for interviews. I handled limitation by extracting their responses from the media where available.

1.8     Literature Review

A lot has been written about transitional justice as a whole, however, relatively less literature has been written on reparations in particular. Literature on reparations has mainly been about countries that have experienced similar human rights violations in their countries arising from war or armed conflict that successfully or unsuccessfully adopted reparations.[36] The literature consulted were more general in nature and while some were offering theoretical frame works for transitional justice mechanisms of which reparations was merely a part, others were dealing with reparations in other countries leaving little written on reparations in Northern Uganda in particular. This Research Paper therefore builds on research from other authors with specific emphasis on Northern Uganda focussing on the question of whether reparations are indeed necessary, viable and how they can best be adopted in the Ugandan situation. Other authors have taken a narrow approach of reparations. Larry May and W. Alton Jones[37] in “Reparations, Restitution, and Transitional Justice” in examining reparations were especially concerned with such issues as restitution and reparations understood quite broadly to include all aspects of compensation of victims who have been harmed during war or mass atrocity but did not discuss other forms of transitional justice that they considered harder to institutionalize such as apologies and acknowledgements. However, in this Research Paper, these form vital forms of reparations that are advocated for.

2.0      CHAPTER TWO: THE CONCEPT OF REPARATIONS

This chapter basically explores answers to the specific objectives and shows how reparations are appropriate transitional justice mechanisms for dealing with war effects, how it should be carried out and factors that are pertinent for successful reparations.[J10] 

[J11] 2.1         The concept of Transitional Justice

The basic approaches of transitional justice are retributive justice, which focuses on bringing to book the perpetrators of gross human rights violations, thus focusing on prosecutions, and restorative justice, which deals with the socio-economic recovery of victims of mass human rights violations and perpetrators. While the former is most commonly associated with accountability and punishment, and focuses on forcing the perpetrator of a crime to “pay” for the actions he took in the commission of that crime, the latter, conversely, is a process of active participation in which the wider community deliberates over past crimes, giving centre stage to both victim and perpetrator in a process which seeks to bestow dignity and empowerment upon the victim, with special emphasis placed upon contextual factors.

Restorative justice mechanisms include acknowledgement and truth telling(other truth seeking initiatives, including recording of survivor testimony, and historical research), reparations, accountability, lustrations/vetting/ institutional reform(aimed at building fair, effective and transparent public institutions to safeguard against further abuse e.g. the judiciary, the police, the army and other relevant institutions), memory, forgiveness and amnesty which all serve a distinct but complementary role. For example where truth telling reveals harm suffered to a victim, reparation in form of compensation or psychosocial help may follow.[38] Indeed as noted by Lisa, J. et al[39] who concluded in a research conducted that victims told what happened to ensure that it never happened again and that government should do something concrete about it. One interviewee complained, exasperated,            

“Oh, why should I remember all that again? From the top of my head to the bottom of my            feet, from the bottom of my feet to the top of my head - I’ve told what happened here so      many times. And for what, nothing ever changes!” 

Indeed, in Uganda, a complimentary approach involving truth telling would be ideal since few records of the harm suffered in the insurgency exist and only traditional justice, amnesty and forgiveness have been adopted so far.[40]

2.2     Role of reparations[J12] 

Marshal Winn Conley[41] views reparations as an important instrument in achieving the restoration of civic trust and a sincere commitment from the Government. Indeed, it is clear from the causes of the war above that the negative sentiments among the citizens with ethnic differences fuelled by leaders have in the past set stage for conflicts so that an ethnic group is only safe and favoured when it is in power. The execution of proposed reparations program will give a clear sign to the victims that the state and their fellow citizens are serious in their efforts to help establish relations of equality between citizens and the state

 According to Mary land School of Lawarticle[42], reparations include the expansive nature of reparations as not merely for physical injury or property but also concerns payments for loss suffered when wrong are done that undermine livelihood or significant interests and has two components, the right to receive and the duty to give.  Reparations should therefore include psychosocial elements like counselling, resettlement, reburials, building schools, hospitals to improve the livelihood of victims, legal aid and are not merely limited to monetary payments.[43] This is relevant because such livelihood was denied to many in IDPs for a long time who were uprooted from their homes for their own security by government.

According to Ruti .G. Teitel in “Transitional Justice[44]”, when reparations are part of a formal public successor policy, they can critically respond to predecessor policy by correcting the derogation from equal protection under the law. The role or reparations is not only to restore victims and moral reparations are intended to compensate and not to punish but also to repair shame and humiliation previously inflicted on victims and restore their reputation and equal status in the public eye. Thus, in Chile, ‘moral reparations’ were recommended to publicly restore the good name of those who perished from the stigma of having been falsely accused as enemies of state.[45]This is relevant since it indicates that reparations could also set centre stage for healing and restoration of dignity, reputation and relations with other citizens in Uganda.  This could be important in effectively ending war in Uganda which has always been fuelled by political leaders through marginalising policies  based on ethnicity which fail to address the citizen’s needs to achieve equality.

Transitional justice reparatory practices  are backward looking in repairing victims of past wrong doing but also but also forward looking by advancing the purposes of peace and reconciliation in the transition. They also reconstruct the boarder of political community by recognizing the juridical status of the disappeared. Teitel also emphasizes the dominant role of the state in any reparations process and examines the rule of law that guides reparatory justice in transition. He further recognises that individual rights are the centre stage for reparations in the liberal state justified under natural or international law as sources of continuous norms that take no notice of political change. He however does not examine the law that justifies reparation internationally or in Uganda in detail if at all which is part of the main focus of this study.

Passage of time should not prevent reparations due to its paradoxical role where the greater the political distance from the predecessor regime and broader access to the top archives of the state, access to the documentation would lead to a greater likelihood of discontent and an outcry for reparation. In addition reparations may be intergenerational in that future generations may continue paying for past generation wrongs as an affirmative approach to uplift the war affected area. This is important to this Research Paper because of the emphasis that there should not be delay of reparations in the hope that the ensuing harm caused and memory of them will disappear with passage of time. Four years have so far passed in Uganda since the LRA insurgency, however little has materialised in terms of reparations. Indeed reparations should be promptly administered when the victims are still alive to receive the benefit and healing from the trauma of both the old and young from the conflict.

Jon Elster[46] makes an important observation[47]that there is need to find out the reactions of victims since this is instrumental in determining the kind of justice that victims of war have for reparations. He also recognizes material suffering, personal suffering and intangible suffering in the sense of loss of opportunities. This Research Paper adopts this analysis in its argument that victims should be consulted to find out what they want and expect in form of transitional justice and what form of reparations in particular in any reparations policy concerning them. It is the purpose of this research to actually find out whether, what and how reparations are desired in Northern Uganda.

2.2     Important considerations in a reparations policy

 Jon Elster[48] advises that in TJ, nations can learn from experience and can be shaped by earlier transitions in other countries. However, much as this is adopted, it has to be noted that transitional justice (Tj) mechanisms depend on the peculiar situation in each country which may be different from the next .It is also note worthy that in this book as in many others consulted Tj mechanisms occurred after wars that ended with change of regimes[49] and thus reparations were to be conducted by the new regime to gain legitimacy. In Uganda, however, it ended with the same regime retaining power and the LRA lost the war so that it may be argued that the government is not responsible for the war since it was and is still the legitimate government which may go a long way to retard reparations as no acknowledgment is made for responsibility of the war.[50]

According to a UNDP Report,[51] current practice by states and international organizations indicates an emphasis on criminal prosecution as an essential component of responding to past human rights atrocities. Provisions within national law relevant to transitional justice processes should be clear to enable the rights seeking public to determine which institution to approach for redress of human rights violations against them and what form the claim should take.

2.3     Critical aspects of reparations

NhlaValji,[52]  in arguing for a gendered form of reparations importantly points out that Justice, truth, reconciliation and guarantees of non-repetition for victims in the wake of conflict are just some of the core goals pursued by societies through the employment of transitional justice mechanisms. None of these goals however are attainable in a context of exclusion and inequality. ‘This is because inequality as, an injustice in itself, is also a causal factor of conflict. Violence thrives in societies entrenched in hierarchical structures and relations and no inequality is more pervasive, both vertically and horizontally across the globe than gender inequality.’[53] Women’s experiences of conflict and transition differ to that of men because of inherent gendered power relations and thus their needs for justice should also be taken into account in any comprehensive transitional justice mechanism.  According to Amnesty International[54], violence against women is endemic in the whole of Uganda. The high prevalence of violence against women is the result of inequalities between women and men, girls and boys, and this is higher in war torn areas where insecurity is the norm.  According to Kahande Sarah Kihika[55], sexual violence committed during situations of armed conflict has been recognised as one of the gravest crimes under international law. Justice for such victims is to be achieved if the various accountability mechanisms pay special attention to the gender dimensions of the conflict and also adopt a victim centred approach to justice which focuses on the interests of victims and enables them to participate effectively in the whole process. This is relevant to the study especially in indicating that the child mothers, women and children have to be given special attention in the adoption of an adequate and effective reparations policy since they are affected by war which merely entrenches already existing discrimination. They point out that women have hitherto not been beneficiaries of reparations and are silent sufferers always ignored both during and after. In Uganda therefore, special attention should be given to women in giving reparations.

The United States Institute of Peace in Transitional Justice: Information Handbook” (September 2008)[56]explains thatreparations and Compensation to victims of a conflict are often the most demanded recourse for past violence, but the most difficult to achieve particularly when the government has few resources to give as compensation. For reparations to work effectively, victims must be identified, their injuries must be quantified and resources must be available to make some form of payment or in kind service to the aggrieved party. Reparations may be tied to the work of a truth commission to make these assessments and is a powerful tool for helping victims to recover from conflict. The relevance of this is to show that reparations must be systematically planned and conducted after thorough research to avoid their failure.

According Martha Minow[57], the criterion for establishing compensation that has been applied in international law , mainly restitution in integrum, or full restitution is  problematic not only because it is almost impossible to define full restitution but also because it is particularly difficult to apply in cases of massive human rights violations. The option of case-by-case application is not problem-free either, as it de-contextualises individual cases from their historical situation. Furthermore, it can disaggregate the universe of victims and their collective claims while focusing on those applicants who have the resources to take legal action.

This is relevant to the study in the argument that a balance should be struck with reliance not being placed only on the formal justice system but also on collective reparations. In Morocco for instance, the communal reparations programme, which included women from regions that suffered from collective punishment or isolation due to the presence of former secret detention centres, represented one of the most advanced experiences in the field of collective reparations. It acknowledged past abuses and preserved the memory by converting former detention compounds into social, cultural and economic centres and memorials. This is vital in promoting healing and reconciliation. Further, reparations should  not only be taken to mean monetary compensation since injury suffered may not actually be quantifiable, but other forms of reparations that  are actually even easier to implement specifically apology and acknowledgment, rehabilitation, satisfaction that focus on the community and promotes healing should also be embraced alongside monetary compensation.

3.0     CHAPTER THREE: THE LEGAL AND POLICY FRAMEWORK

3.1     The normative framework for reparations

Under international law, “the essential principle contained in the actual notion of an illegal act - a principle which seems to be established by international practice and decisions of arbitral tribunals- is that, reparation must, as far as possible, wipe out all the consequences of the illegal act and re-establish the situation which would, in all probability, have existed if that act had not been committed.”[58]Most international jurisprudence requires that state parties make reparation to individuals whose rights have been violated.[59] The common article 2 of both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) cornerstones of international human rights law obliges states to provide effective remedies to victims of abuse. Art 2 of the ICCPR provides that

“Each state party to the present convention undertakes to respect and ensure to all individuals within its territory and subject to its jurisdiction the rights recognised in the present covenant without distinction of any kind, such as race,...political or other opinion. Where not already provided for by legislative or other measures, each State party...undertakes the necessary steps...as may be necessary to  give effect to the rights recognised in the  present Covenant.”   

This includes investigation into human rights violations, prosecution of the perpetrators and giving reparation to the victims. Similar provisions are found in other international and regional instruments, such as the Convention against Torture (CAT),[60] the Geneva Conventions,[61] the Rome Statute,[62] the African Charter on Human and Peoples Rights,[63] the American Convention on Human Rights and the European Convention on Human Rights. The provisions above provide legal bedrock and standard which could be used in planning and implementing reparations in Uganda.[J13] 

3.1.2  The Responsibility to Protect (R2p)

R2p is a United Nations initiative established in 2005 and consists of an emerging norm based on the idea that sovereignty is not a privilege, but a responsibility. ‘Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means.’[64] Failure therefore to protect citizens under R2P therefore means that a duty has been breached by the state which has corollary duty to make reparations. It can thus be concluded that the LRA war that lasted 23 years signifies a breach of such duty entitling the victims and survivors to reparations from government.

3.2     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 (The Reparation Principles)[J14] 

The adoption of the Reparation principles[65][J15]  represents the first comprehensive codification of the rights of victims of international crimes to reparations, remedies, and access to systems of justice.[66] Though the instrument has no binding legal effect, it has an undeniable moral force and provides guidance to states on reparations issues.[67]The Reparations Principles endears States to establish national programmes for reparations and this covers reparations for acts not attributable to the government[68]through Principle 16 which provides that “States should endeavour to establish national programmes for reparation and other assistance to victims in the event that the parties liable for the harm suffered are unable or unwilling to meet their obligations.” This means that the government of Uganda is actually be liable to make reparations in the event that the LRA cannot make them. The various forms of reparation and their scope and content, covering both monetary and non-monetary reparations are examined below.

3.3     Forms of reparations

3.3.1  Restitution

Restitution should, whenever possible, restore the victim to the original situation before the gross violations of international human rights law or serious violations of international humanitarian law occurred.  According to Principle 19, restitution includes, as appropriate, restoration of liberty, enjoyment of human rights, identity, family life and citizenship, return to ones place of residence, restoration of employment and return of property. In Uganda, this could involve resettling people still in camps, improving security and freedom of movement as well as paying back what property that was lost during the war.

3.3.2  Compensation

Principle 20 provides that compensation should be provided for “any economically assessable damage, as appropriate and proportional to the gravity of the violation and the circumstances of each case, resulting from gross violations of international human rights law and serious violations of international humanitarian law, such as physical or mental harm,  lost opportunities, including employment, education and social benefits, material damages and loss of earnings, including loss  of earning potential, ,moral damage, costs required for legal or expert assistance, medicine and medical services, and psychological and social services”.This right to compensation includes pecuniary and non-pecuniary damages and is recognized in a range of international and regional instruments, including the ICCPR, CAT and the Rome Statute which stress the need for appropriate compensation to victims, proportionate to the gravity of the violations suffered. This was exemplified in the case of Wilson v. the Philippines where the, where the Human Rights Committee observed that “[A]s to the violations of articles 7 and 10 suffered while in detention compensation due to the author should take due account both of the seriousness of the violations and the damage to the author caused.[69]  Therefore in any reparations policy to be adopted in Northern Uganda, in all cases, the reparation must be commensurate with the harm suffered if real reconciliation and justice are to coincide.

The right to fair compensation by the Inter-American Court of Human Rights has been interpreted to refer to compensatory and not punitive damages. It is for this reason that non-pecuniary damages are included, referring to the victims’ pain, suffering, mental anguish, humiliation and lost enjoyment of life. This was recognized by the Sri Lankan Supreme Court:

“...it is not a punitive element that must enter into the enhancement of compensation payable, but the need to assuage the Petitioners hurt feelings by a recognition of the enormity of the wrong complained of this Court acknowledges the seriousness of the harm done and that it has tried to establish some reasonable relation between the wrong done and the solatium applied.”[70]

The Inter-American Court has further noted that, ‘It is obvious to the Court that the victim suffered moral damages, for it is characteristic of human nature that any one subjected to the kind of aggression and abuse proven in the instant case will experience moral suffering. No evidence is required to arrive at this finding’[71]. In other words, non-pecuniary damages can be awarded even in the absence of any proof of abuse! The relevance of this case is that since reparations are given to heal, reconcile and restore, they should not be used in the Uganda context as a tool of punishment especially where amnesty is granted or the perpetrator is forgiven. In fact, given the limited resources, punitive damages could seriously render the financial resources inadequate for many other victims who would fail to get any money at all. Further, the standard of proof of harm suffered is lowered for victims which is vital since evidence may not be readily available in some cases due to passage of time, death of witnesses or other events overtaken by time which are unable to be formally proved.

International standards, including those flowing from the right to an effective remedy under article 2(3) of the ICCPR, do not prescribe any fixed or specified quantum for specific kinds of violations or injuries resulting thereof. It is thus for national courts or bodies to determine the amount of compensation that is appropriate in the case, which includes taking into account the relevant circumstances and factors, such as the economic situation of the country concerned and comparable awards but relevant international standards must also be considered.

3.3.3  Rehabilitation

 Rehabilitation should include medical and psychological care as well as legal and social services.[72]It is essential that victims are socially reintegrated into society, whether through medical, legal or social means. In fact, when victims are rehabilitated, they can become important voices for change which in the long run is killing two birds with one stone. This has also been noted in Northern Uganda where rebels would be encouraged to return home by returnees or ex-rebels using radio programmes, in rehabilitation and reintegration through traditional justice (matooput) and amnesty as opposed to killing or imprisoning them which would scare other rebels from abandoning the LRA group to claim come back home.

3.3.4  Satisfaction

The satisfaction[73] should include, where applicable, any or all  of effective measures aimed at the cessation of continuing violations, verification of the facts and full and public disclosure of the truth to the extent that such disclosure does not cause further harm or threaten the safety and interests of the victim, the victims relatives, witnesses, or persons who have intervened to assist the victim or prevent the occurrence of further violations, the search for the whereabouts of the disappeared, for the identities of the children abducted, and for the bodies of those killed, and assistance in the recovery, identification and reburial of the bodies in accordance with the expressed or presumed wish of the victims, or the cultural practices of the families and communities. It also includes an official declaration[74] or a judicial decision restoring the dignity, the reputation and the rights of the victim and of persons closely connected with the victim, public apology, including acknowledgement of the facts and acceptance of responsibility, judicial and administrative sanctions against persons liable for the violations, commemorations and tributes to the victims and  inclusion of an accurate account of the violations that occurred in international human rights law and international humanitarian law training and in educational material at all levels.

3.3.5  Guarantees of non-repetition

 Guarantees of non-repetition should include, where applicable, any or all of the following measures, which will also contribute to prevention, ensuring effective civilian control of military and security forces; ensuring that all civilian and military proceedings abide by international standards of due process, fairness and impartiality, strengthening the independence of the judiciary, protecting persons in the legal, medical and health-care professions, the media and other related professions, and human rights defenders; providing, on a priority and continued basis.[75]

A central component of satisfaction is public acknowledgment of the violation. According to the former special rapporteur Ban Hoven, on the right to restitution, compensation and rehabilitation,

[T]his is not simply the right of any individual victim or closely related persons to know what happened, a right to the truth. The right to know is also a collective right, drawing upon history to prevent violations from recurring in the future. Its corollary is a "duty to remember", which the State must assume, in order to guard against the perversions of history that go under the names of revisionism or negationism; the knowledge of the oppression it has lived through is part of a people's national heritage and as such must be preserved. These, then, are the main objectives of the right to know as a collective right.[76]

In other words, proper investigation of the violation, holding the perpetrators to account, commemorating the victims and acknowledging the violation in relevant historical and legal material, are all actions to be taken by states where applicable. Independent inquiry commissions have can be set up to document human rights violations as historical records and also serve justice to society. Ultimately, all of these actions will serve as the path to guarantee that such violations do not occur again.

While the Principles and Guidelines focus on ‘gross’ and ‘serious’ violations, it is generally acknowledged that in principle all violations of human rights and international humanitarian law entail legal consequences. Thus, in order to rule out any misunderstanding on this score, the following phrase was included in principle 26 on non-derogation: “[I]t is understood that the present Principles and Guidelines are without prejudice to the right to a remedy and reparation for victims of all[77] violations of international human rights and international humanitarian law.”[78]In principle, all victims are entitled to reparative justice so as a general compromise it has been agreed that the notion of victims should be on the terms of Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power[79], by the United Nations General Assembly.[80] This definition notes that a person is a victim if he or she suffered physical or mental harm, economic loss, or impairment of his or her fundamental rights, that there can be both direct victims and indirect victims, such as family members or dependents of the direct victim and persons can suffer harm individually or collectively.

Non-state actors

While the Principles and Guidelines are drawn up on the basis of State responsibility, the issue of responsibility of non-State actors like movements or groups that exercise effective control over a certain territory and people in that territory and also business enterprises exercising economic power are also captured. The Principles and Guidelines provide for equal and effective access to justice, “irrespective of who may ultimately be the bearer of responsibility for the violation.”[81] This provision includes insurgents, other states or other entities that may commit human rights violations that are not sanctioned on the state an example of which are the LRA rebels. The Reparation Principles as noted above have undeniable moral force and have influenced other documents and decisions.[82] This lends to the assertion that they can equally be adopted in Uganda as a standard yardstick in formulating and implementing reparations.

3.4     The right to reparations under the Rome Statute

The Rome Statute[83] established the ICC and the corresponding ICCTFV. This statute deals trial of perpetrators of crimes against humanity and other grave crimes under international law for which an offender can be tried by the ICC. Under Article 59 of the Rome Statute, Uganda has an unequivocal obligation to take steps to arrest any person who is the subject of an arrest warrant “immediately” when that person enters its territory and to surrender that person to the International Criminal Court “as soon as possible.” Uganda referred the situation in Northern Uganda for investigation and prosecution by the ICC in December, 2003 which automatically established jurisdiction for victims of the LRA war and the right to reparations under the Court. However, it is important to note that the reparations can only be given pursuant to an order of the court after establishment of guilt of an alleged perpetrator and given the fact that perpetrators indicted may take ages to appear before the court, no reparations can be given to the victims. The general fund is available for victims of the war which is funded through donations by states under a mandate of general assistance. However, as has been noted that this assistance is of limited effect and more efforts are required to bring the much needed help to the victims and affected communities of Northern Uganda, especially through government sponsored reparations.[84]

3.5     Ugandan legal framework for reparations

 The legal framework of Uganda stems from the Rome statute and the International Criminal Court Act (ICC) Act and the Agreement signed under the auspices of peace in 2007[85] and its Annex signed in 2008[86]. These are the most important national legal sources of reparations in Uganda and are examined below.

3.5.1   TheInternational Criminal Court Act and ICD

The application of the Rome Statute[87] into Ugandan law only came about in June 2010 with the International Criminal Court (ICC) Act.[88][J16]  It allows Ugandan courts to try crimes against humanity, war crimes and genocide defined under the Rome Statute for the first time.[J17]  However, it has only two main provisions for victims in Ugandan courts-protection before the courts as a witness[89] and the enforcement of orders for victim reparation made by the ICC.[90]These provisions in themselves however do not offer victims much access to redress before Ugandan courts either through participation or reparations.[91] It also does not specifically enable victims to make applications for reparations in Uganda cases as they could otherwise do in cases heard before the International Criminal Court.

There is no specific provision for a specialised unit for victims and witnesses, such as the Victim and Witness Unit within the ICC, which can support victims’ needs such as physical or psychosocial protection or material support and no mention of participation or reparations for victims through the Ugandan courts or access to a victims’ trust fund.[92] As with all courts any reparations can only be given after the trial and judgment issued. This greatly excludes many victims whose perpetrators are not indicted by the court. There has to be clear mechanisms for reparations from such a court. ‘Ugandan law does not provide for reparations apart from in a few exceptional cases (such as defilement).’[93] The ICD has so far handled one case –Uganda V Thomas Kwoyeloalias Latoni[94] which raised such questions on the entitlement to the grant of amnesty.[95] It was held that, being entitled to amnesty, no further prosecution should issue. Concerning accountability for high-ranking UPDF officers, the judiciary commented that if the prosecution would bring a case against an officer, there would be nothing to prevent the ICD from prosecuting the officer.[96] However, with this precedent it seems unlikely that an LRA leader not indicted by the ICC can ever be tried[J18] . This case raises issues of whether blanket amnesty is fair and just to victims of the war if given to both high and low rank officers.[97]

3.5.2  The Agreement on Accountability and Reconciliation, 2007[J19] 

The Agreement’s preamble is instrumental in showing the ultimate object of reparations by providing that  that“[H]aving 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 tranquility within the affected communities and in Uganda generally; 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; [D]riven 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”, the parties adopt the Agreement. 

Article 9.1 provides that “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.  Article 9.2 further provides that collective as well as individual reparations should be made to victims through mechanisms to be adopted by the Parties upon further consultation priority being given to members of vulnerable groups like children, teenage mothers and widows  and collective as well as individual reparations should be made to victims through mechanisms to be adopted by the parties upon further consultation. [98] 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. [99]

It is important to note that at all stages of the development, implementation of the principles and mechanisms of the Agreement, the widest possible consultations of civil society, academia, community leaders, traditional and religious leaders, and victims 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. This would enable the creation of avictim focussed reparation that meets the victims’ justice requirements.

3.5.3  The Annex to the Peace and Reconciliation Agreement of 19 February, 2008

The Annexure sets out a framework by which accountability and reconciliation are to be implemented pursuant to the principal agreement, provided that it shall not in any way limit the application of that agreement, whose provisions are to be implemented in full. It provides that the government shall expeditiously prepare and develop the necessary legislation and modalities for implementing the principal agreement and the annexure.[100] In doing this, the government, is mandated to 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.[101]

The government is required to by law establish a body to be conferred with all the necessary powers and immunities, whose functions shall include considering and analysing any relevant matters including the history of the conflict, the manifestations of the conflict and inquire into human rights violations committed during the conflict, giving particular attention to the experiences of women and children and make special provision for cases involving gender based violence.[102] The body is also 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 and to make recommendations for preventing any future outbreak of conflict. The findings of such body are to be published as a public document. The government shall establish the necessary arrangements for making reparations to victims of the conflict[103] in accordance with the terms of the principal agreement and 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.[104]  Principle 18 provides that in reviewing the question of reparations, consideration shall be given to clarifying and determining the procedures for reparations. The Annex therefore provides mechanisms for implementation of reparations by the government and gives effect to the Principle Agreement for reparations.

3.6     Gender Related Aspects

Special attention was also given to gender related aspects and children in establishing a framework for reparations. In the implementation of this Agreement, a gender-sensitive approach should be promoted and in particular, implementers of this Agreement shall strive to prevent and eliminate any gender inequalities that may arise.[105] It was agreed to recognise and address the special needs of women and girls, ensure that the experiences, views and concerns of women and girls are recognised and taken into account, protect the dignity, privacy and security of women and girls and facilitate their participation in implementing this agreement. An example of such reparations was in East Timor where the Leste’s Commission for Reception, Truth and Reconciliation (CAVR) was established by the United Nations in 2002 to investigate human rights violations between April 1974 and October 1999.The CAVR was active in its involvement of women at the national and district levels and also established a special research team on women’s issues as well as national public hearing on women. As a result, gender was identified by CAVR as one of the four guiding principles for a reparations programme.[106]

However criticisms have been made in respect of reparations in Sierra Leone in the way that conflict and harm were interpreted which led to several examples of where gender has been simply overlooked. There was a failure to connect the harm caused to women during conflict (namely killings, disappearances, torture, bodily injury, sexual violence, forced recruitment and displacement) with the harm women may experience in the aftermath of conflict. These may include long term bodily harm and health consequences, including curtailment of reproductive freedom, loss of land, enhanced burden of care and economic hardship and vulnerability.[107] The result was that reparations policies and design did not adequately address the longer term vulnerabilities. In dealing with SGBV within the reparations process, there has often tended to be a focus on sexual crimes instead of a broader understanding of the harm caused by SGBV which has limited the impact of reparations in that it does not address the secondary impact of SGBV like dependants or secondary survivors.[108]Reparations in Uganda should also therefore put gender issues to the fore by leaning on equality principles while paying special attention to needs of women especially in relation to SGBVs, both in the short and long run if they are to be successful.

3.7     Child Related Aspects

It was also agreed to, recognise and address the special needs of children and adopt child-sensitive approaches, recognise and consider their experiences, views and concerns, promote appropriate reparations for children and encourage and facilitate the participation of children in the processes for implementing this Agreement.[109]  A leaf can be borrowed from the East Timor CAVR which broadly defined survivors of sexual violence to include boys and men who were subjected to sexual slavery, forced marriage or other forms of sexual violence and recognised the plight of children during the conflict to get reparations.[110] Children could benefit from reparations by receiving them through their guardians as their own independent of the latter’s. Their concerns should be addressed too as they were the most affected in the LRA war through abductions, mutilations and killings.

3.8     Resources

In relation to resources, the Government is to avail and solicit resources for the effective implementation of the Agreement with a mandate to expeditiously consult upon and develop proposals for mechanisms for implementing these principles and ensure that any accountability and reconciliation issues arising in any other agreement between themselves are consistent and integrated with the provisions of the Agreement. It is also mandated to adopt an appropriate policy framework for implementing the terms of the Agreement. The importance of resources cannot be overstated as they are the basis for any material form of compensation.

4.0     CHAPTER FOUR: EXAMINATION OF DATA COLLECTED

This chapter examines the views as to the causes of the war, its effects and analyses the measures adopted to overcome the injuries with special attention to NGOs, Government measures taken in respect of reparations.

4.1     Causes of the war

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.

4.2     Responsibility for the war

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.                                                     

4.3     Effect of the war

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.

4.3.1  Physical injury

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]

4.3.2  Loss of property

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]

4.3.3  Loss of opportunity

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.”

4.3.4  Death of a relative

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]

4.3.5  Emotional injury

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]

4.4     Reparations received so far

4.4.1  Truth telling, records and what has been done

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.

4.4. 2 Compensation

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.

4.4.3  Rehabilitation

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.

4.4.4  Restitution

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.

4.4.5  Satisfaction

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]

4.4.6 Guarantees of non repetition

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.

4.5     Critical aspects of reparations

4.5.1  Gender and reparations

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.

4.5.2  The Plight of the children

 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.

4.6     Efforts of Government so far

4.6.1  PRDP

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]

4.7     Factors that undermine effective reparations in Northern Uganda

4.7.1  Financial constraints

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]

4.7.2  Lack of political will

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]

4.7.3  Corruption

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.

4. 7.4 Lack of awareness

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.

4.8     The role of Non-Governmental Organizations (NGOs)

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]

4.9     Concerns about the agreements and Structuring Reparations

4.9.1  The Agreement (2007) and its Annex (2008)[J20] 

 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.

4.9.2  Concerns on how to structure reparations (compensation)

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.

5.0     CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS

5.1     Conclusion

“...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.

5.2 Recommendations

5.2.1 To Government

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.

5.2.2  To Civil Society

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]

5.2.3  To Donors

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.

END NOTES

BIBLIOGRAPHY

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, 1^st 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

www.idea.int/conflict/reconciliation/reconciliation_full.pdf.

http://untreaty.un.org/cod/avl/ha/ga_60-147/ga_60-147.html

http://www.acholitimes.com/index.php/perspectives/editorial/8-acholi-news/131-survivors-of-the-lukodi-massacre-ask-government-to-do-more-on-reconciliation

http://iwpr.net/report-news/kony-2012-campaign-too-late-north-uganda

http://www.peacebuilderscenter.jp/parts/pdf_091124_Conley/Conley_TRANSITIONAL.pdf

http://ir.lib.uwo.ca/iipj/vol2/iss3/3

http://news.xinhuanet.com/english/entertainment/2012-03/22/c_131483446.htm

http://www.hrschool.org/doc/mainfile.php/Lesson55/199

http://www.cairn.info/revue-internationale-de-droit-penal-2005-1-page-77.htm

http://www.ictj.org.en.tj

http://jackfruity.com/2012/03/northern-ugandan-politician-norbert-mao-on-kony2012

http://www.vrwg.org/home/home/post/21-the-uganda

http://www.Papers.ssrn.com/sd3/papers.cfm?abstract_id=431070

,http://www.nudeil.org/whats-new/success-stories/view?id=7

http://observer.ug/index.php?option=com_content&view=article&id=17650:dealing-with-disability-injuries-after-lra-war&catid=57:feature&Itemid=69

http://www.iccnow.org/documents/TRC_Bill_for_Uganda_2009.pdf

http://www.editorial@ug.nationmedia.com

http://www.ugandaradionetwork.com

http://ugandaradionetwork.com/a/story.php?s=32248&PHPSESSID=74982350537570acb2ea8526ea89beea

http://www.vrwg.org/downloads/publications/02/UVF%20Position%20Paper%20National%20Reconciliation%20Bill%20of%202009.pdf

http://www.unicef.org/infobycountry/uganda_24566.html

http://www/peace-and- reconciliation- Unitedstates.html

http://worldpress.org/Africa/1933.cfm#down

http://www.warchild.org/projects/WC_Canada/Uganda/uganda.html[J21] 

APPENDICES[J22] 

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

1.  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

1. Questionnaire number………………………………………….
2. Name of parish…………………………………………………
3. Name of village………………………………………………...
4. Date of interview……………………………………………….
5. Place of interview………………………………………………

SECTION TWO: BACKGROUND INFORMATION

1.         Age (tick the appropriate one)

1. 15 to 25 years……………………..
2. 26 to 35 years……………………..
3. 36 to 45 years……………………..
4. 46 and above years...………………

2.         What is your level of education?

1. Lower primary (P.1-P7)………………………
2. Upper primary (P.5-P7)………………………
3. Lower secondary (“O” Level)…………………….
4. Upper secondary (“A” Level)…………………….
5. Tertiary institution………….…………………….
6. Nil…………………………………….....................

3.         What is your religion?

1. Catholic……………………………..
2. Protestant…………………………..
3. Moslem…………………………….
4. Pentecostal…………………………
5. Seventh day Adventist…………….
6. Others (specify)……………………………………………………………..

4. Number of children (including dependants)

1. Below 5…………………………………
2. Between 5and 10……………………….
3. Between 10 and 15……………………..
4. Above 15……………………………….
5. Nil

5.         Marital status

a.       Married……………………………

2. Single……………………………...
3. Separated………………………….
4. Divorced…………………………..
5. Widowed………………………….

6.         If separated or divorced, what was the cause of the separation or divorce?

7.         Main source of income

1. Business……………………………….
2. Agriculture…………………………….
3. Art and craft…………………………..
4. 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?

1. Physical injury………………….........................................
2. Emotional injury……………..............................................
3. Loss of property....................................................................
4. Loss of opportunity……………………..............................
5. Death of a relative (specify).................................................
6. 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?

1. Yes                               b. no

14. If no, what more do you want to be done?

1. Apology…………………………............
2. Rehabilitation…………………………….
3. Compensation………………………….....
4. Satisfaction................................................
5. Guarantees of non repetition
6. Others (specify)……………………………………………………………...

17. How did you handle the effects of the war on you?

1. Formal courts
2. Traditional justice mechanisms
3. 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)

24.  Do you think reparations are practicable in Northern Uganda?
25. If no, why
26. What are the challenges you face in your organisation in meeting your objectives?
27. 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.

---

[1]The Lino OworOgora . Monitor Newspaper blog “Northern Uganda Asks tough Questions” posted on Monday, November 29 2010 at 00:00 http://www.monitor.co.ug/SpecialReports/Elections/-/859108/1061936/-/jm0k70/-/index.html. Accessed on Wednesday February 1,  2012

[2] These were the words of former UN Undersecretary-General for Humanitarian Affairs and Emergency Relief

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.

[5] Uganda; Peace Building org. “Fostering Human Security Justice and Peace”,  at: http://www.peacebuildingdata.org/uganda/about-uganda-project/methodology

[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

[10] ibid

[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.

[19] ibid

[20] The Oxford Advanced Learners Dictionary, Sixth Edition

[21]ibid

[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

[31] Mary Land School OF Law “A No Excuse Approach To Transitional Justice: Reparations as tools of Extraordinary Justice” (July 2009) Last revised in 2010. http://www.Papers.ssrn.com/sd3/papers.cfm?abstract_id=431070.com accessed on 23/01/2012)

[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, 11^th 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

[41] Transitional Justice & DDR: Retribution, Restoration, or Reparation P. 10   at: http://www.peacebuilderscenter.jp/parts/pdf_091124_Conley/Conley_TRANSITIONAL.pdf accessed on  30/06/2012 at 4:48pm

[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

[49] For example Chile

[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

[53] Ibid p. 5

[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

[56] United States Institute of Peace, “Transitional Justice: Information Hand book” p.3 Available at: http://www.usip.org/files/ROL/Transitional_justice_final.pdf  Accessed on 16/03/2012

[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.

[59]Human Rights Correspondence School: Asian Human Rights Commission; Lesson 1: “Overview of the UN Basic Principles and Guidelines on remedies and reparations for human rights violations” at: http://www.hrschool.org/doc/mainfile.php/Lesson55/199/ accessed on 27/02/2012)

[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

[68] Theo Ban Hoven “Historical Context” Audiovisual ,library of International Law, at: http://untreaty.un.org/cod/avl/ha/ga_60-147/ga_60-147.html(accessed  on 27/02/2012

[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

[72] Principle 21 

[73] Principle 22

[74]For example President PatricioAylwin IN Chile supra note 63

[75] Principle 23

[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

[77]Emphasis added

[78] Theo B supra(note 88)

[79] adopted in 1985

[80] A/RES/40/34

[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

[85]See Appendix D

[86]See Appendix E

[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.

[89]  Section 46 and 58

[90] Section 64

[91] Luke Moffett, ibid

[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

[98] Principle 9.2

[99]Principle  9.3

[100] Art 2

[101] Art 3

[102] Principal Agreement: clauses 2.2 & 2.3

[103] Reparations are provided for in Art16

[104] Art 17

[105] Article 10

[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

[108] ibid

[109] Art 12

[110] ACORD (supra) p.11

[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

[122] Alex Otto, “Dealing with Disabilities, Injuries after the LRA war” Tuesday, 13 March 2012 23:36 available at http://observer.ug/index.php?option=com_content&view=article&id=17650:dealing-with-disability-injuries-after-lra-war&catid=57:feature&Itemid=69 Accessed on Wednesday, 11 April 2012

[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 30^th 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)

[138]Acholi Times; The Voice of the Acholi People “Survivor of the Lukodi Massacre ask Government to do more on reconciliation” Monday, 2^nd April,2012;00:00 http://www.acholitimes.com/index.php/perspectives/editorial/8-acholi-news/131-survivors-of-the-lukodi-massacre-ask-government-to-do-more-on-reconciliation Accessed 15/04/2012

[139] Wilson Abok, interviewed by Acholi  Times(ibid)

[140] Ibid(interviewed by Acholi Times)

[141]“The New Vision” Nobert Mao, Letter from Gulu. Monday 10^th August, 2009. http://www.friendsforpeace.org/nobertmao/420-will-...econciliation-bill-to-national-dialogue-new-vision.html accessed on 18/01/2012. 4:41pm

[142] UNICEF “Child mothers face stigma of rejection” (20^th Dec, 2004) http://www.unicef.org/infobycountry/uganda_24566.html Accessed 11/04/2012

[143] Maggie Alerotex ; “Northern Uganda :The Child-Mothers of Uganda” (September 9, 2004)World Press Org,http://worldpress.org/Africa/1933.cfm#down Accessed on the 14^th of Aoril, 2012

[144] War Child International ‘Ugandan Girl’s Education Initiative Project’  http://www.warchild.org/projects/WC_Canada/Uganda/uganda.html Accessed on the 11th of Aril,2012

[145]YasiinMugerwa | Parliament;The Daily Monitor “Teen Pregnancy Prevalent in Northern Uganda” Friday, 13 February 2009 00:0

[146] By former UNICEF head Carol Bellamy War Chlid(2006). http://www.warchild.org/projects/WC_Canada/Uganda/uganda.html Accessed on the 11th of Aril,2012

[147]YasiinMugerwa, The Monitor (ibid)

[148] ibid

[149]Government of Uganda “NUDEIL Provides Safe Drinking Water To Over 10,000 Returning IDPs In Gulu District” March 2011,http://www.nudeil.org/whats-new/success-stories/view?id=7 Accessed on the 15/04/2012

[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 30^th 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

[160]  Refugee Law Project http://www.iccnow.org/documents/TRC_Bill_for_Uganda_2009.pdf Accessed on 27/04/2012

[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 17^th, 2012

[163] Ronald Ssekandi and Yuan Qing,English.news.cn “War victims in northern Uganda slam KONY 2012 as offensive”  2012-03-22 20:27:47; Tony Otto one of the top cultural leaders in Lango, a sub region of northern Uganda., http://news.xinhuanet.com/english/entertainment/2012-03/22/c_131483446.htm  Accessed on 11th April,2012 ,9:21pm

[164] Bill Oketch - International Justice – ICC ACR Issue 316: ‘"Kony 2012" Campaign Too Late in North Uganda Region is struggling to address numerous social and health crisis, and goading rebel group into retaliation could be disastrous.’ 20 Mar 2012 http://iwpr.net/report-news/kony-2012-campaign-too-late-north-uganda Accessed on 12/04/2012

[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.

[174] Chapter 2

[175] My addition

[176] A prominent politician, Norbert Mao’s comment on “Kony 2012” Northern Ugandan Politician Norbert Mao on #Kony2012 posted on March 21, 2012 http://jackfruity.com/2012/03/northern-ugandan-politician-norbert-mao-on-kony2012/ Accessed on 15/04/12

[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

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