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Amnesty consultations Barlonyo

Who Forgives Whom? Northern Uganda’s Grassroots Views on the Amnesty Act

JRP Amnesty Policy Brief CoverTo read the full briefing, click here.

Overview
After more than twelve years in force, Uganda discontinued ‘blanket’ amnesty for reporters on 25 May 2012 by allowing Part 2 of the Amnesty Act of 2000 to lapse. With positive developments in the creation of a transitional justice (TJ) framework and a shifting of the armed conflict to neighboring countries, the continued relevance of Uganda’s Amnesty Act of 2000 had been fiercely debated in recent months in high-level discussions between government and civil society, with many asking, “What should be the future of the Amnesty Act?”

Recognizing the absence of greater North grassroots voices in many of these debates, especially from a gendered perspective, the Justice and Reconciliation Project (JRP) carried out a series of consultations from 21-27 March 2012 in conflict-affected regions of northern Uganda—including West Nile, Lango, Acholi and Teso—to discern the views of those most directly impacted by and benefitting from the Act on its role, achievements and continued relevance. As subsequent sections of this paper reveal, the consultations unveiled mixed views at the grassroots level on the past and present relevance and equity of the Act, yet reached overwhelming general consensus for the renewal of the Act with amendments. Such amendments were seen to better address the justice needs of both victims and perpetrators, while ensuring the sustainability of an already fragile peace.

Draft versions of this brief were circulated prior to the Act’s expiration to inform the Justice, Law and Order Sector’s (JLOS) decision to abolish, renew or renew with amendments Uganda’s Amnesty Act. However, with the JLOS Leadership Committee’s subsequent decision to abolish amnesty, this brief seeks to contribute to the Government of Uganda’s ongoing consultative and policy-making process to integrate elements of conditional amnesty into a national TJ policy.

To read the full briefing, click here.

Published with financial support from UNWOMEN under the Women’s Access to Justice in Conflict and Post-Conflict in Uganda Programme.

Disclaimer: The views represented in this brief do not necessarily represent the views of UN Women.

Gender Justice and Reconciliation in Northern Uganda, Policy Brief No. 4

By Sylvia Opinia and Friederike Bubenzer

JRP-IJR Policy Brief No. 4

This policy brief assesses the gender‐specific transitional justice (TJ) needs of survivors of gender‐based violence in Northern Uganda.

From November 2010 to February 2011, the Justice and Reconciliation Project (JRP), in collaboration with the Institute for Justice and Reconciliation (IJR), organized a series of consultations with victims of conflict in Northern Uganda, entitled ‘Enhancing Grassroots Involvement in Transitional Justice Debates.’ The consultations, held in the Acholi/Lango, Teso, and West Nile sub‐regions, focused on truth‐telling, traditional justice, reparations and gender justice within the context of Uganda’s transitional justice processes.2 As part of the consultations, a separate session was held on the topic of gender justice and the extent to which it does / does not presently feature in Uganda’s transitional justice framework. Discussions at the consultations highlighted the need for Uganda’s unique gender relations and dynamics to be closely scrutinized and taken into consideration by policy‐makers in the development of transitional justice mechanisms.

The Justice Law and Order Sector (JLOS) is currently developing and implementing an accountability and reconciliation framework to deal with the legacies of conflict in Uganda. With the progress in the establishment of the International Crimes Division (ICD) of the High Court, JLOS has undertaken a series of consultations in order to propose law and policy reforms in line with its mandate. This process presents an excellent opportunity to critically examine and document the widespread occurrence of gender‐based violence in Northern Uganda and the vast implications on individuals and communities.

This policy brief describes gender‐based violence, its occurrence and effects on local communities during and after the conflict in Northern Uganda, as well as the needs of the victims as expressed during the JRP‐IJR consultations. It concludes with a series of recommendations to the Government of Uganda through the Justice Law and Order Sector.

To download the full brief, click here.

Missing Stories: Truth-seeking Processes in Northern Uganda, Policy Brief No. 3

By Roza Freriks and Lino Owor Ogora

JRP-IJR Policy Brief No. 3

This policy brief explores the continued relevance of truth‐seeking as an instrument of transitional justice and peace building in Northern Uganda. Over two years after the dissolution of the Juba Peace Talks in November 2008, several questions remain unanswered regarding how truth‐seeking might promote accountability and reconciliation in Northern Uganda.

From November 2010 to February 2011, the Justice and Reconciliation Project (JRP), in collaboration with the Institute for Justice and Reconciliation (IJR), organized a series of consultations with victims of conflict in Northern Uganda, entitled ‘Enhancing Grassroots Involvement in Transitional Justice Debates.’ The consultations, held in the Acholi/Lango, Teso, and West Nile sub‐regions, focused on truth‐telling, traditional justice, reparations and gender justice within the context of Uganda’s transitional justice processes.

This policy brief captures victims’ views on truth‐seeking in Northern Uganda. During the consultations it became evident that victims across Northern Uganda want to understand what exactly took place during the conflict and why. They insist that only after learning the truth will they be able to forgive and reconcile with the perpetrators. This policy brief is intended to inform relevant stakeholders of the need for a truth‐telling process in Uganda, the challenges such a process presents, and propose a way forward for the Ugandan truth‐telling process.

To download the full brief, click here.

Pay Us so We Can Forget: Reparations for Victims and Affected Communities in Northern Uganda, Policy Brief No. 2

By Lindsay McClain and Allan Ngari

JRP-IJR Policy Brief No. 2

After more than two decades of conflict, victims, the Government and civil society in Uganda are grappling with how to implement effective transitional justice (TJ) mechanisms in the country. Informed by widespread consultations with victims across the greater northern region of Uganda, this policy brief focuses specifically on the right to reparations and aims to highlight the most pressing reparations needs identified by victims. The briefing concludes with specific recommendations to concerned parties, namely the imperative need for a national framework to guide reparations processes in Uganda.

From November 2010 to February 2011, the Justice and Reconciliation Project (JRP), in collaboration with the Institute for Justice and Reconciliation (IJR), organized a series of consultations with victims of the conflict in Northern Uganda, entitled ‘Enhancing Grassroots Involvement in Transitional Justice Debates.’ The consultations, held in the Acholi/Lango, Teso and West Nile sub‐regions, focused on truth‐telling, traditional justice, reparations and gender justice within the context of Uganda’s transitional justice processes.

The purpose of this briefing is to share the consultations’ findings on reparations and inform stakeholders on specific policy and programming needs which will best assist victims and their families. By highlighting the issues identified by victims and making specific recommendations to concerned parties, unique insight is provided into the right to reparations and the specific reparations mechanisms needed to support efforts for sustainable peace and reconciliation in Northern Uganda.

The title of this policy brief is derived from an emotional response of a participant at the West Nile regional consultation (held 24-25 November 2010) when discussing the topic of reparations. Although compensation forms one part of the reparations process, this phraseology reflects the state of mind of many victims and affected communities in Northern Uganda. They view compensation as a key component of justice.

To download the full brief, click here.

Traditional Justice and War Crimes in Northern Uganda, Policy Brief No. 1

By Lino Owor Ogora and Tim Murithi

JRP-IJR Policy Brief No. 1

This policy brief assesses the continuing relevance of traditional justice in Northern Uganda. Over two years after the dissolution of the Juba peace negotiations in November 2008, several questions continue to remain unanswered regarding how traditional justice mechanisms can be utilized to promote accountability and reconciliation. More specifically, questions persist as to whether traditional justice can be utilized to address war crimes and crimes against humanity. There is still uncertainty in the field as to how traditional approaches can complement the wider national and international processes of transitional justice.

Between November 2010 and February 2011, the Justice and Reconciliation Project (JRP), in collaboration with the Institute for Justice and Reconciliation (IJR), organized a series of consultations with victims of conflict in Northern Uganda, entitled ‘Enhancing Grassroots Involvement in Transitional Justice Debates.’ The consultations, held in the Acholi/Lango, Teso and West Nile sub‐regions, focused on truth‐telling, traditional justice, reparations and gender justice within the context of Uganda’ s transitional justice processes. Based on views from grassroots communities, this policy brief notes that traditional mechanisms are still considered by many in Northern Uganda as mechanisms that can promote reconciliation and healing within war‐affected communities. It concludes with a series of recommendations to the Government of Uganda, cultural institutions and the International Criminal Court.

To download the full brief, click here.