Tag Archives: TJ Policy

JRP Holds National Conference on SGBV Redress Mechanism

PRESS RELEASE WEDNESDAY, MARCH 20, 2019
GULU – On Friday, March 22, 2019, Justice and Reconciliation Project with Funding from Trust Africa, under the auspices of the International Criminal Justice Fund will hold a national dialogue on SGBV redress mechanism in the capital Kampala.
The event shall take place at the Parliamentary lounge (conference hall under the theme;
“Ensuring that the appropriate strategies are used by the central government in meeting the needs of conflict-affected SGBV victims in northern Uganda’’

The objectives are as follows;

  • Inform the central government on the specific needs of the victims of conflict SGBV in Northern Uganda.
  • Strengthening policy and programs regarding re-construction, in order to address the transitional challenges affecting conflict SGBV victims.
  • Developing appropriate strategies tailored towards meeting the transitional justice needs of war-affected women and children in Northern Uganda.

The conference followed an earlier regional dialogue that was held in October 2018 between conflicts SGBV victims of local Government Officials from Greater Northern Uganda.

There were common positions that were agreed at in addressing the transitional gaps of war-affected women and their children.

In moving the debate to a national level and in concretizing the motion moved and adopted in parliament on 13th, the victim’s community from the four sub-regions; Acholi, Teso, Lango and West Nile who were affected by war together with leaders from greater northern Uganda will also be given opportunity to share their specific needs and strategies that the central government can adapt to ensure access to justice and reparation to the affected women and their children.
Building upon lessons learned from the regional dialogue, leaders from the local government will again be given a platform to share:-

  • Possible programs that can help in the reconstruction of the lives of victims of SGBV which central government can adopt
  • Challenges local government officials face in working with partners and the victims’ community which central government should support them with
  • Different strategies that can be adapted to meet the TJ needs of conflict-affected SGBV victims in Northern Uganda

The conference is expected to bring together a diversity of participants including local government leaders, the central government leaders, CSOs/ NGOs, members of parliament, the victim’s communities to discuss issues that are closed to their hearts.

To join the conversation at the National Conference, interested participants are asked to follow us on Facebook, facebook@justiceandreconciliation.com, twitter: @talk_ug

Local Leaders Commit to Aiding Survivors of Conflict at JRP Hosted Regional Dialogue

Local leaders divide into smaller groups in order to best discuss strategies to support survivors of conflict. Photo Credit, Sophia Neiman.
Local leaders divide into smaller groups in order to best discuss strategies to support survivors of conflict. Photo Credit, Sophia Neiman.

The Mayor of Pader Town Council, Kilama Fearless Wodacholi, folded his hands and leaned across the table. “It touched me so much that my country has not yet done enough for [the survivors], he said. “It touched me that a lot of them say the war has not ended. It is only the silence of the guns.”

Mr. Wodacholi had just come from a regional dialogue, organized by the Justice and Reconciliation Project. The meeting took place on Wednesday, October 31st and brought together local leaders from across Northern Uganda, as well as victims’ representatives. Almost 90 people attended. It was sponsored by the Trust Africa Fund and hosted at Global Friendship Hotel in Gulu Town. The goal was to discuss the challenges victims currently face, and come up with comprehensive strategies to tackle those challenges, ahead of a national conference in January.

Post -conflict restoration is an oft forgotten battle-ground.  Wars finish with an exodus. Weapons are laid away, journalists turn off their cameras and aid organizations depart. Yet, peacetime brings its own set of obstacles, and the world turns a blind eye. The exodus complete, national and international attention is diverted to problems considered more pressing.

Wednesday’s regional dialogue empowered survivors to be activists, as they illuminated post conflict issues and demanded action. A woman identified as Winnie spoke passionately about the trauma latent in her community. Many of her fellow abductees have never received counseling or medical care. They still carry the burdens of war. Daily torment rubs salt in these wounds. She described being taunted when she left her home; her movements restricted. She also claimed that there have been few initiatives to support survivors. “Our very leaders are fighting us. Do we still belong to the community, or have they rejected us?” Winnie asked. Her voice rose and her eyes were wet.

Another woman, called Lily, explained how stigma is passed on to the next generation. Children born in captivity are punished for the simple fact of their existence. Some are bullied by their classmates and teachers to the extent that they stop attending school. “They stay in fear,” she said.

Leaders were moved. “There has been a gap,” said Abia Sub-County Chief, Sylvia Ometo. “We have not been following up on our women and girls who have come back from captivity . . . when I go back [home] I will give special concern to them.”

Leaders spent the rest of the meeting developing blueprints for change. They discussed using existing structures, such as the radio, community gatherings and the church to promote acceptance, and implanting livelihood initiatives to alleviate poverty. They also spoke of gathering data on how many former abductees exist in their communities, in order to better understand the problem and allocate aid.

There were also calls to push for an act of parliament, and to support survivors of conflict via affirmative action. “The most painful thing on earth is the memory of what you saw,” said Mr. Wodacholi. “Being a slave in your own land is a very painful moment . . . to reduce the suffering of these young people, and to give them hope, there must be an act of parliament.”

Leaders took careful notes, while brainstorming new stratagies. Photo Credit, Sophia Neiman.
Leaders took careful notes, while brainstorming new strategies. Photo Credit, Sophia Neiman.

Rampant corruption, however, impedes change, particularly at the national level. “For long are we going to pretend that we are standing for the plight of vulnerable persons?” asked Chairmen LCV of Omoro, Peter Douglas Okello. He added, “We must make the parliament and government accountable to the citizens. We must have a government that is accountable to the people.” He spoke at the official close of the meeting and appealed to the collective audience.

Later, standing in the bright sun outside of the hotel, Mr. Okello recalled his time as the District Speaker of Gulu. He presided over a petition submitted to parliament by WAN. Parliament deliberated over the document, but there has been no action from the central government of Uganda. That was nearly five years ago. He indicated that in addition this stalemate, the state of corruption in Uganda is such that services are poorly delivered and money is misspent. Mr. Okello called ardently for action. “The government of Uganda and the development partners all over the world need to review the development agenda for Northern Uganda, to focus on post-conflict recovery, transformation and development,” he said.

On the whole, leaders considered the meeting a success, and remained optimistic about future proceedings. Lapono Sub-County Chief, Akullu Margaret Otto, claimed that leaders will now, “advocate so much that [survivors] should be treated as our own people.”

JRP will continue to work directly with vulnerable communities and with officials in order to develop the strategies discussed, and will bring those strategies to the national conference in January.

A previous version of this article stated that the WAN petition was submitted to parliament seven years ago, rather than five. JRP deeply regrets this error.

Looking beyond Dominic Ongwen’s trial at the ICC

People watch a live screening of Dominic Ongwen's trial at the ICC in Gulu. Oryem Nyeko/JRP.
People watch a live screening of Dominic Ongwen’s trial at the ICC in Gulu. Oryem Nyeko/JRP.

The ongoing trial of Dominic Ongwen at the International Criminal Court is an important step in the accountability process for the war in northern Uganda. It is also important to remember that this is not the end of the conversation around justice and reconciliation in Uganda.

The violence has not ended

For many in northern Uganda, the violence did not end with the war. Survivors of war-time rape, defilement, sexual exploitation, as well as early and forced marriage are still a marginalised and vulnerable group. In a 2014 study with women conflict-SGBV survivors in northern Uganda we found that 93% say that they still face the same threats as they did in the past. While many have worked to break the silence about these experiences, redress is still lacking.

Redress here can mean providing economic empowerment through skills training and adult literacy programmes which will enable survivors to be self-reliant and in control of their daily lives. It also means structural and institutional reform allowing for free and accessible medical, psychosocial, social and legal support for survivors. All of this would go a long way in addressing and preventing the stigma, exploitation and revictimisation that comes with the vulnerability of being a war-time SGBV survivor.

There should be accountability for both past and current violations. The ICC’s prosecutor has included conflict-SGBV charges in her case against Dominic Ongwen, but there still remain thousands of female and male survivors in and outside of northern Uganda who suffered outside the scope of those charges during the war. Many have received neither accountability nor acknowledgment for the crimes that were committed against them.

Children born of war

There are also very many whose rights and experiences, while important, are often unjustifiably ignored and overlooked. These include children born of war – children born in captivity or from war-related rape or defilement – who face stigma in their communities and schools and are unable to access or own land and other resources because of the complex and gendered nature of property inheritance in the region. We have worked with war-affected women and cultural leaders to support their reintegration in northern Uganda through family reunions, but this is an area that needs the support of actors across all sectors to make a contribution.

Dealing with the past and the future

3 February 2017 will mark nine years since the signing of the Juba peace talk’s Agreement on Accountability and Reconciliation, the agreement that gave birth to what would develop into a draft national policy on transitional justice for Uganda. For some time, there seemed to be progress on this. Unfortunately, however, the momentum for this process has stalled. Several years later, however, the last and final draft of the TJ policy is still reportedly lagging in cabinet.

This policy was meant to provide guidance to the government to “address justice, accountability and reconciliation needs of post conflict Uganda” and to both deal with the country’s past and prevent conflict in the future. However, because of its ambiguous status, the possibility of a national truth-telling process or a reparations programme for victims of war remain distant despite how important many Ugandans have said how important these processes are.

Accountability for state-led crimes

We have documented the experiences of survivors of crimes committed by state forces during the war in northern Uganda and have found a running theme among survivors: a call for acknowledgment of these crimes by the Ugandan government and for measures, such as reparations, to be put in place. Some of these crimes have in the past been acknowledged by the government, most notably by President Museveni in 2014. Unfortunately, there has been little public accountability for what took place. Reports suggest that government perpetrators, soldiers, have been subjected to punishment for crimes committed during Uganda’s wars in northern Uganda, but concrete details about these are not readily available to the public. This leaves survivors, their families and their communities with the feeling that their experiences have gone unnoticed.

The war in northern Uganda is an example of the complexity of conflict, where the lines of perpetrator are blurred between state, rebel and civilian, the abductors and the abductees. It is this complexity which tells us that it is not one process that will provide solutions to the years of conflict. If Uganda is ever going to move past its history of conflict, we need to address the many concerns of survivors in northern Uganda and the rest of the country that still remain.

Oryem Nyeko is the Communications and Advocacy Team Leader at the Justice and Reconciliation Project.

Voices Iss1 2012 cover

Introducing JRP’s Voices Magazine (Issue 1 – Amnesty)

Voices Iss1 2012 cover

Cover of the first edition of JRP’s Voices magazine

Click here to view the full issue.

JRP is pleased to announce the release of its latest quarterly publication, Voices magazine. Our mission is to empower conflict-affected communities to participate in processes of justice, healing and reconciliation, and this magazine aspires to do just that. By providing a regular, open platform for victims and key stakeholders to dialogue on local and national transitional justice developments, we will be “sharing victim-centered views on justice and reconciliation in Uganda” each quarter.

The theme of this first issue is amnesty. With Uganda’s Amnesty Act up for expiration, renewal or renewal with amendments on 24 May, we have sought to present the views of the war-affected communities where we operate. In this issue, key stakeholders like Michael Otim of the International Center for Transitional Justice (pg 13), Ismene Nicole Zarifis, International Technical Advisor on TJ for JLOS (pg 6,) and members of the JRP team address the important question: What should be the future of Uganda’s Amnesty Act? Like all of our work, we hope this collection of views contributes to the policy-making process currently taking place in Kampala, and links the grassroots with the decision-makers.

We hope to hear from you on what you think of this first issue. To share your comments, please write to info@justiceandreconciliation.com or SMS +256(0)783300103. Your comments might just appear in the next edition!

We also welcome article submissions of no more than 1,500 words for future issues. The next issue will focus on reparations for victims of conflict.

Click here to view the full issue.

Note: If printing on a B&W printer, we recommend you print this grayscaled version.

Kwoyelo Trial 11Nov11

Moving Forward: Thomas Kwoyelo and the Quest for Justice, Situational Analysis

Kwoyelo Trial 11Nov11
Thomas Kwoyelo during an ICD session in Gulu on November 11, 2011.

Moving Forward: Thomas Kwoyelo and the Quest for Justice
A Rapid Situational Analysis on Perceptions and Opinions for the Way Forward

Read the full analysis here.

Having been charged with 12 substantive counts and 53 alternative counts of war crimes and crimes against humanity, Colonel Thomas Kwoyelo became the first Lord’s Resistance Army (LRA) commander to be charged before Uganda’s International Crimes Division (ICD), which held its first hearings on 11 July 2011. However, on 22 September 2011, Uganda’s Constitutional Court ruled that Colonel Thomas Kwoyelo was entitled to amnesty in line with Uganda’s Amnesty Act of 2000, and ordered his immediate release. This ruling was re-enforced by a Court of Appeal ruling on 10 November 2011 following an appeal to stay his release by the Attorney General. On 11 November 2011, the ICD ceased his trial but referred his release to the Directorate of Public Prosecutions (DPP) and the Amnesty Commission.

While his release is expected soon, questions remain hanging on what should happen to him following his release, and how he should be reintegrated into the community. With this in mind, the Justice and Reconciliation Project (JRP) carried out a rapid situational analysis from 4-8 November 2011 in Pabo sub-county (Amuru district) and Gulu town to gauge the perceptions and opinions regarding the way forward for Thomas Kwoyelo, and what should happen to him in the event that he is released. We spoke with 33 respondents, including local leaders, religious leaders, victims, formerly-abducted persons, and residents of Pabo town, along with members of Kwoyelo’s family and civil society organizations in Gulu town.

The analysis revealed that the situation on the ground, and more specifically in his home area of Pabo, is highly volatile and unpredictable, and opinions regarding his reintegration into the community are widely varied. Furthermore, many of Pabo’s residents – including his family members – feel unprepared, uninformed and confused about how to proceed. This situational analysis presents these perceptions concerning the Constitutional Court ruling and makes recommendations for Kwoyelo’s rehabilitation and reintegration in the event that he is released.

 Read the full analysis here.

Kwoyelo Trial 11Nov11

Breaking News: ICD ceases Kwoyelo trial but doesn’t release from custody

Kwoyelo Trial 11Nov11
Thomas Kwoyelo during an ICD session in Gulu on November 11, 2011.

This morning JRP’s Documentation and Communications teams attended a session of the International Crimes Division (ICD) in Gulu pertaining to the trial of ex-LRA commander Col. Thomas Kwoyelo.

As a brief backgrounder, the trial opened on July 11th in Gulu (see a JRP overview of this here), and on August 5th was referred to the Constitutional Court in Kampala for a decision pertaining to issues raised by Kwoyelo’s lawyers of alleged unequal treatment and denial of amnesty, among others. On Sept. 22nd, the Court ruled that Kwoyelo was eligible for amnesty and to deny him would be unconstitutional. The matter was referred back to the ICD for presumed termination of the trial and Kwoyelo’s release. After an appeal was made by a State team to stay the execution of this order (i.e. to delay releasing him) citing a threat to national security and alleged communication with LRA financiers, on Nov. 10th, the Court of Appeal declined that request and upheld the Constitutional Court ruling. Kwoyelo’s release was slated for Nov. 11th in Gulu.

That brings us to today. It was widely rumored that Kwoyelo would be released, and many of his family members traveled long distances to receive him. However, a panel of three ICD judges confused many in attendance when they stated their compliance with the Constitutional Court ruling and ceased the trial, yet referred matters of his release to the Directorate of Public Prosecutions (DPP) and the Amnesty Commission. It appears as though his release will not be carried out until his amnesty is processed, and he was taken back to presumably Gulu prison by armed prison wardens shortly after the reading.

For photos from the day’s session, click here.

For a raw audio recording of Justice Akii-Kiiza, click here.

For a video with JRP’s Lino Owor Ogora commenting on the decision to local media, click here or watch below.

[yframe url=’http://www.youtube.com/watch?v=m4EVVuBc1tA&feature=youtu.be’]

JRP will continue to monitor events pertaining to this case as they unfold. Stay tuned for the latest updates. A video interview with Kwoyelo’s mother after the ruling and other clips from the day will be uploaded in the coming days.

Kwoyelo Trial 11Nov11

Kwoyelo ICD Trial Cessation, 11 Nov. 11

[AFG_gallery id=’41’]

On November, 11, 2011, the International Crimes Division (ICD) of the High Court of Uganda convened at the High Court in Gulu to follow recommendations set forth by the Constitutional Court pertaining to the trial of ex-LRA commander Col. Thomas Kwoyelo. These photos capture what transpired. For more information, visit www.justiceandreconciliation.com.

Copyright © 2011 Justice and Reconciliation Project

JRP’s Lino Ogora Comments on Kwoyelo Trial, 11 Nov. 11

[yframe url=’http://www.youtube.com/watch?v=m4EVVuBc1tA&feature=youtu.be’]

On November, 11, 2011, the International Crimes Division (ICD) of the High Court of Uganda convened at the High Court in Gulu to follow recommendations set forth by the Constitutional Court pertaining to the trial of ex-LRA commander Col. Thomas Kwoyelo. After the ICD ordered the cessation of the trial and referred Kwoyelo’s release to the DPP and the Amnesty Commission, JRP’s Lino Owor Ogora answered questions by media outside the court building.

Copyright © 2011 Justice and Reconciliation Project

ICD judges

“Cessation of the Kwoyelo Case,” ICD Court Ruling, 11 Nov. 11

ICD judges
A panel of 3 ICD judges during the Kwoyelo trial on Nov. 11, 2011.

“Cessation of the Kwoyelo Case,” ICD Court Ruling, 11 Nov. 11

Listen here.

On November 11, 2011, the International Crimes Division (ICD) of the High Court of Uganda convened in Gulu in the case of ex-LRA commander Col. Thomas Kwoyelo. In this audio, the lawyers are introduced and the panel of judges states its compliance of the Sept. 22nd Constitutional Court ruling to cease the trial in light of Kwoyelo’s eligibility for amnesty. The ICD did not, however, order for Kwoyelo’s release, and instead referred that matter to the Directorate of Public Prosecutions (DPP) and the Amnesty Commission.

 

Gender Justice Dialogue

Gender and Transitional Justice in Uganda: Opportunities and Challenges

Gender Justice Dialogue
Participants during the gender justice dialogue in Gulu

The International Center for Transitional Justice (ICTJ), in collaboration with the Justice and Reconciliation Project (JRP), held a one-day dialogue on opportunities and challenges for gender and transitional justice (TJ) on Tuesday, September 27, 2011, at Churchill Courts in Gulu, northern Uganda. The event was attended by 33 participants from across the greater North, including Teso, Lango and Acholi sub-regions. Facilitators shared presentations on a range of topics relating to gender, including a review of the existing domestic and international frameworks, an analysis on the potential of domestic courts to try sexual and gender-based crimes, mainstreaming gender in traditional justice and truth-seeking processes, prospects of engendering TJ in Uganda through JLOS, protecting women’s rights in a post-conflict setting, a review of reparations and reconstruction programs from a women’s rights perspective, and building consensus and a way forward. Throughout the dialogue, there were also opportunities for participants to share their views and experiences and ask questions or provide comments on the facilitators’ presentations. The majority of participant feedback is captured in the four Reactions sections of this report.

To access the full report, click here.