Category Archives: Publications

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

15 Nov 2011Statements & Briefsaccountability, amnesty, Community Documentation, ICD, Kwoyelo, LRA, northern Uganda, Pabo, TJ PolicyJRP

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.

Gender and Transitional Justice in Uganda: Opportunities and Challenges

24 Oct 2011Reportsgender justice, ICTJ, Partners, TJ PolicyLindsay McClain Opiyo

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.

What Became of Reparations?

24 Oct 2011ReportsICTJ, Partners, reparations, Teso, TJ PolicyLindsay McClain Opiyo

ICTJ JRP Reparations Dialogue 25Aug2011 — JRP's Lino Owor Ogora gives leads the stocktaking exercise at the reparations dialogue

The International Center for Transitional Justice (ICTJ), in collaboration with the Justice and Reconciliation Project (JRP) and the Soroti Development Association & NGOs Network (SODANN), held a one-day dialogue on reparations for victims of conflict in northern Uganda on Thursday, August 25, 2011, at Landmark Hotel in Soroti. The event was attended by 25 participants from across the greater North, including Teso, Lango, Acholi, Karamoja and West Nile sub-regions. Facilitators shared presentations on a range of topics relating to reparations, including a conceptual overview of reparations programmes, engendering reparations, international and domestic legal frameworks for reparations, stocktaking in the represented sub-regions, victims’ perspectives, the Kenyan experience, the relationship between reparations and development projects and building consensus and a way forward. Throughout the event, 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 five Discussion sections of this report.

To access the full report, click here.

International Day of Peace 2011 Key Note Address

05 Oct 2011Blog, Statements & BriefsCommunity Mobilization, drama, Lindsay McClain, peace day, UNRF II, West Nile, YumbeLindsay McClain Opiyo

JRP delivers key remarks for Peace Day in Yumbe — JRP delivers key remarks at Peace Day in Yumbe.

On September 21st, JRP and the MAYANK Development Association organized celebrations for the annual International Day of Peace (Peace Day) 2011 in Yumbe district, West Nile sub-region, Uganda.

JRP’s Lindsay McClain delivered the key note address on behalf of the organizers, providing an overview of the history of Peace Day and its mission, and the relevance for West Nile and Yumbe in particular. Next year, the region will celebrate the 10th anniversary of the 2002 Yumbe Peace Accords that ended the conflict between the UNRF II and the Government.

To read the full address, click here.

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

13 Sep 2011Statements & BriefsAcholi, Brief, Friederike Bubenzer, gender justice, IJR, JLOS, Lango, Partners, policy brief, Sylvia Opinia, Teso, TJ Policy, West NileJRP

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

13 Sep 2011Statements & BriefsAcholi, Brief, Lango Teso, Lino Ogora, policy brief, Roza Freriks, TJ Policy, truth, truth-seeking, West NileJRP

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.

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

13 Sep 2011Statements & BriefsAcholi, Allan Ngari, Brief, IJR, JLOS, Lango, Lindsay McClain, Partners, policy brief, reparations, Teso, TJ Policy, West NileJRP

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.

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

13 Sep 2011Statements & BriefsAcholi, Brief, IJR, JLOS, Lango, Lino Ogora, Partners, policy brief, Teso, Tim Murithi, TJ Policy, traditional justice, West NileJRP

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.

Updates on the Trial of Col. Thomas Kwoyelo

14 Jul 2011Statements & Briefsaccountability, Brief, ICD, TJ PolicyJRP

Col. Thomas Kwoyelo makes his first public appearance before the ICD in Gulu

Finally, after several months of delays and postponements, the long awaited trial of Col. Thomas Kwoyelo kicked off in the International Crimes Division (ICD), which held its first landmark session in the High Court of Gulu on Monday, July 11, 2011.

The much anticipated trial attracted visitors from all over the globe, in addition to many of the local nationals who flocked the High Court and crammed it to capacity. In attendance were civil society organizations, members of the district local government, the media, victims and the public at large. The trial started with an inspection of the guard of honour by Hon. Justice Akiiki Kiiza, the head of the ICD. Other Judges in attendance were Hon. Justice Elizabeth Ibanda Nahamya, Hon. Justice Alphonse Owiny Dollo, in addition to the Principal Judge Hon. Justice Yorokamu Bamwine. The prosecution team was led by state attorney Joan Kagezi and backed by Mr. George William Byansi and Mr. Anguzu Lino. The defence was led by Mr. Alaka Caleb, and his colleague Mr. Onyango John Francis.

This brief provides an overview of the opening.

To access the brief, click here.