Over the past year, the Justice and Reconciliation Project (JRP) has been grateful for the opportunity to work with a number individuals affected by the war in northern Uganda, including people living in internally-displaced persons camps, youth, women and ex-combatants. JRP would like to express its appreciation to those dedicated individuals who have pursued their own stake in justice by persevering through the Juba Peace Talks, in particular the dilemma of accountability and reconciliation, not forgetting the continued persistence by war affected communities in their efforts to employ local coping mechanisms to promote peace, harmony and social coexistence.
2009 was marked by a significant improvement in the humanitarian situation in northern Uganda as the region embarked on the long road to recovery from conflict. In the wake of a failed attempt to sign the Final Peace Agreement in November 2008, and the resumption of hostilities between the UPDF and the LRA marked by the launch of operation Lightening Thunder, the future of northern Uganda hung in the balance. While many across northern Uganda predicted the worst, the security situation improved substantially, allowing thousands of IDPs to return to their original homesteads while many of the displacement camps were demolished as proof of the finality of the return process. The determination to return to former homesteads and rebuild lives and villages stands as a testament to the capacity of those affected by the conflict to persevere amidst challenges such as lacking educational, health and other social services.
On the transitional justice front, the government of Uganda began to implement elements of the Juba peace protocols still considered valid despite the failure to reach a final agreement. Funds for the peace, recovery and development plan (PRDP) were availed and massive reconstruction works were launched. The government, through the Justice Law and Order Sector (JLOS) working group, also began drafting policies and a framework for the implementation of transitional justice mechanisms. Huge strides were made in setting up the War Crimes Division of the High Court, and countrywide consultations were carried out to solicit views on the domestication of the Rome Statute.
Driven by the desire to pursue justice and reconciliation in Uganda, JRP continued to monitor developments in transitional justice and contribute to policy debates through action oriented research and advocacy in 2009. JRP’s advocacy strategy was dual in nature; at the national level targeting policy makers, donors, and other government organs including the Judiciary, the Amnesty Commission and the Parliament of Uganda; while engaging with grassroots communities at the local level to improve documentation among war affected communities and empower communities to advocate for appropriate justice and reconciliation mechanisms.
JRP has done this using community based approaches, such as community dialogues, dissemination of research reports at the grassroots level, research and documentation of local level transitional initiatives and various other efforts to ensure that the views of grassroots people are included in transitional justice debates. This annual report presents a summary of all activities implemented by JRP in the year 2009. Special thanks go to our donors: the Norwegian Embassy, who made all of these achievements possible.
A community member shares his views at a JRP community dialogue
This report presents the diverging opinions that exist among the war-affected people in northern Uganda concerning how post-conflict issues of justice and reconciliation should be handled.
These responses were gathered by JRP camp focal persons from four community dialogues conducted in Kitgum and Amuru districts in 2008. The dialogues present opinions of participants about how reconciliation and healing can be promoted among the war-affected communities in northern Uganda.
They indicate that while many people in northern Uganda are of the view perpetrators of war crimes need to be forgiven, a significant majority would also like to see some form of accountability meted out. The views of war-affected persons about the role of local mechanisms in post-conflict reconciliation and healing in northern Uganda also feature in the dialogues. While it has always been assumed that war-affected communities wholeheartedly support the use of local mechanisms such as mato oput, it is also interesting to note that a significant minority have reservations about the effectiveness and relevance of these mechanisms. Equally interesting and controversial is the opinion of respondents about who is responsible for the conflict in northern Uganda.
The Lord’s Resistance Army (LRA)’s use of abducted children and youth has been much researched, and the horrors of their experiences in captivity and difficulties reintegrating into their communities recorded. Nonetheless, the existing disarmament, demobilization and reintegration strategies pursued to date are brief and insufficient interventions.
This project was conducted by Justice and Reconciliation Project and Quaker Peace & Social Witness. Both organizations had encountered in the course of previous research the existence of self-formed groups of formerly abducted persons (FAPs) / former-LRA, and wanted to assess the role they could and did play in the process of grassroots level reintegration and reconciliation.
Our findings suggest that former LRA peer support groups are an important and effective vehicle for reintegration and reconciliation, all the more so given the paucity of alternative long-term reintegration provision. Former LRA peer groups positively affect:
economic reintegration including provision of livelihoods and microfinance
Participants during the workshop on accountability and reconciliation in Kampala
This workshop follows the conclusion of the Final Peace Agreement (FPA) in Juba between the Lord’s Resistance Army (LRA) and the Government of Uganda (GoU). Mediated by the Government of Southern
Sudan (GoSS) under Chief mediator Dr.Riek Machar, the vice president of Southern Sudan, this remarkable agreement which begun two years ago was to be signed by LRA leader Joseph Kony on 10th April 2008. However, he did not sign as expected and instead sought clarifications on the specificities on the protocol of accountability and reconciliation as well as the disarmament, demobilization and re-integration agreements. In particular, the LRA leader Joseph Kony wanted to know more about the Acholi traditional justice system of mato oput, its linkage to the proposed special division of the High Court and other formal institutions in the agreements.
It was on the basis of this that His Highness Rwot David Onen Acana II, the Acholi Cultural leader, with the assistance of the Justice and Reconciliation Project (JRP), was tasked to lead a consultative process that would bring together like minded actors to deliberate in an attempt to provide clarity to the LRA leaders’ concerns. Therefore, on the 6th and 7th May 2008, a workshop was convened at the Fairway Hotel, Kampala.
The objective of the workshop was to clarify the procedural steps required for the implementation of the Agreement on Accountability. As a result, the workshop was to produce an explanatory note outlining procedures on key technical issues in the Agreement on Accountability and Reconciliation that was to be made immediately available to the LRA leadership.
In arriving at these, the conference organizers identified key themes to be discussed, and these included: (i) the role of investigations and self-disclosure; (ii) the criteria for allocation of individuals to the various proceedings; (iii) description of various accountability institutions (courts, traditional justice, and truth-telling mechanisms) and their jurisdictions; (iv) the relationship between the various accountability institutions, and, (v) the possible outcomes of the proceedings for individuals..
July 2007 marked the one-year anniversary of the initiation of peace talks between the Lord’s
Resistance Army (LRA) and the Government of Uganda, hosted in the southern Sudanese capital of Juba. JRP has taken an active role in bringing the concerns and demands for justice and reconciliation from the grassroots to the bargaining table. The June signing of Agenda Item Three on Accountability and Reconciliation was in part the result of weeks of JRP’s preparation of original research findings into a comprehensive presentation made to delegates. The seminar, entitled Towards a Common Understanding of Traditional, National, and International Justice Options, was co-organisedby JRP with the International Centerfor Transitional Justice and convened Ker KwaroAcholi on June 2 in Juba.The past year of research has uncovered a plethora of issues that must be addressed in order for lasting peace to be attained in Uganda.
From January through March, the JRP team conducted a major research phase in 9 IDP camps, examining community-level mechanisms that might facilitate a process of truth-telling at the local level in northern Uganda. The ensuing report, The Cooling of Hearts: CommunityTruth-Telling in Acholi-land examines the desires and fears of the war-affected populace in learning the truth about the now 21-year-old conflict. In an ongoing strategy of community consultation, this report was translated into Luo, brought back to the camps, and discussed in local papers, international forums, community dialogues, and on the radio. Consultations with local leaders were sought in order to refine the report to truly reflect the opinions of Acholi. It provides important new insights into current debates in the country and at the Juba peace talks on how justice can be served in northern Uganda.
Throughout the course of the truth-telling research, staff also uncovered a desire amongst residents that certain massacres be documented and that their consequences be discussed. JRP responded and produced Field Note 4: Remembering the Atiak Massacre of April 20,1995, released in April. A JRP representative visited the community for the memorial ceremony; the site of one of many as-yet undocumented scars on the populace of northern Uganda. JRP continues to document other major atrocities and several similar reports are forthcoming in 2008.
A fifth Field Note entitled Abomination: Local belief systems and international justice waswritten by JRP in order to emphasize the needfor policy-makers to understand the importanceof understanding local spiritual beliefs in Acholiwhen considering transitional justice strategiesin the region. In the spirit of previous JRPreports such as Roco Wat I Acholi (2005) andAlice’s Story (2006), this Field Note bridged thegap between indigenous and internationalmotives for justice in Acholi.
JRP continues to lead its colleagues locally, nationally and internationally in the unification of local voices aiming to affect positive change in Juba, Garamba and Kampala. JRP was instrumental in to the release of the August 11thLira Declaration on Agenda Item Three of the Juba Peace Talks by Cultural and Religious Leaders, Women and Youth from Madi, Teso, Lango and Acholi Sub-Regions. The Lira
Declaration is the result of a consultation attended and signed by the leadership of traditional and religious institutions, including women and youth representatives.
Project staff actively built upon their capacities as researchers and advocates throughout 2007, attending numerous workshops and presenting solutions to justice and reconciliation issues on behalf of JRP’s community partners. JRP will continue this important work in 2008 and beyond.
A woman lays a wreath at the Attiak memorial service, 2007
Recent national and international debates on truth and reconciliation in Uganda have emphasized the importance of incorporating local level mechanisms into a transitional justice strategy. This report seeks to contribute to this discussion by focusing on local level mechanisms in Acholi-land and determining how these might promote truth-telling and reconciliation at the community level.
Underlying the research are three main objectives: to assess whether or not grassroots, war-affected persons in the region want a truth-telling process; to assess the possibilities of adapting local mechanisms to promote truth and reconciliation at the community level; and lastly, to present the results, observations and recommendations found in this report to relevant policy-makers (the Government of Uganda, local-level leadership in Uganda, and the international community). The research reveals that there is indeed a need for a truth-telling process in northern
Uganda. Few atrocities have been documented or acknowledged publicly – most are contested and highly controversial. As a consequence, victims struggle to survive emotionally, socially and economically with tragic memories of loss, and with little to no high-level acknowledgement by the
Government of Uganda or by most of the LRA high command.
With the peace versus justice debate in Northern Uganda reaching a crescendo, different views have been expressed, with the majority focusing on peace through amnesty and a process of reconciliation. Local politicians, civil society organizations (CSOs), cultural and religious leaders have spoken strongly on behalf of the Northern population in support of forgiveness and reconciliation of the LRA, without necessarily consulting with grass-roots people they represent.
The dialogue below was conducted by the JRP in the internally displaced camp of Kitgum Matidi on the 9th of November 2006. It explores a variety of views of grass-roots actors on the theme of forgiveness and reconciliation. It finds that no general consensus exists on the desire or will to extend forgiveness to the LRA at this time. For some, forgiveness is not a choice but is derived out of the reality in which they live. “As for forgiveness, it appears like we have no option but to accept it. This is because we do not have weapons like our brothers in the bush. Since we do not have the weapons, we have no option but to accept.”
Grass-roots participants in the dialogue did not agree that mato oput, a process of restorative justice leading to a ceremony designed to promote reconciliation of two conflicting parities, could or should be performed in the context of on-going war.
The sequencing of peace and justice is viewed as extremely important by some grassroots actors: peace is a pre-requisite of reconciliation, and peace entails the ability to return and reconstruct homesteads, livelihoods, and fulfillment of basic human rights and freedoms. As one woman stated, “take a look at the camps….am I supposed to forgive from this mass homestead? For me to forgive I feel we should first go back home, so that I can forgive the person who hurt me from my own homestead.”
Community members participate in traditional justice ceremonies such as mato oput
The 19 year conflict in northern Uganda has resulted in one of the world’s worst, most forgotten humanitarian crisis: 90 percent of the affected-population in Acholi is confined to internally displaced persons camps, dependant on food assistance. The civilian population is vulnerable to being abducted, beaten, maimed, tortured, raped, violated and murdered on a daily basis. Over 20,000 children have been abducted by the Lord’s Resistance Army (LRA) and forced into fighting and sexual slavery. Up to 40,000 children commute nightly to sleep in centres of town and avoid abduction. Victims and perpetrators are often the same person, and currently there is no system of accountability for those most responsible for the atrocities. Given the scale and scope of the crisis, it is not surprising that an intense debate on the most appropriate strategy to realize peace and justice has emerged.
When the Chief Prosecutor at the International Criminal Court (ICC) announced its intention to investigate the LRA in 2004, many local leaders in northern Uganda were opposed to the initiative. Traditional, religious and civil society leaders have argued that the ICC places ‘their’ children at greater risk, and threatens to further damage their cultural identity and beliefs. Traditional justice, based on restorative principles, is widely supported as a favorable alternative to the punitive approach of the Court. A number of advocates, therefore, argue the Court should cease its current investigation until local approaches are given an opportunity to work, or until peace is realized in the region. Despite this, very little is known about traditional justice in Acholi beyond its normative dimensions.
This report, Roco Wat I Acoli, provides a much needed analysis of what traditional justice in northern Uganda is, how it is currently practiced and what value it could add. It documents existing practices of traditional justice in 16 internally displaced persons (IDP) camps in Northern Uganda. It further examines how some of these rituals have been adapted to promote the reintegration of former rebels. It does so in order to provide an initial assessment of whether or not traditional rituals and ceremonies could be further adapted in the context of the enduring 19-year old conflict.
The findings suggest that the Acholi people continue to hold sophisticated cultural beliefs in the spirit world, which greatly shape their perceptions of truth, justice, forgiveness and reconciliation. Nevertheless, traditional cultural practices and the role of Elders, Mego and Rwodi have been severely restricted by the conflict and circumstances of displacement. In the words of one Elder, ‘these children don’t know how to be Acholi’. Since their re-institutionalization in 2000, traditional leaders, through Ker Kwaro Acholi, have attempted to revitalize cultural rituals and practices, and to reach out to the population to encourage the safe reintegration of formerly abducted persons. Findings suggest that this initiative has had varying degrees of success on the ground, largely dependant upon the camp setting, leadership within the camp, as well as the individual circumstances the formerly abducted person (FAP) returns to, such as family life. Likewise, the approaches are often ad-hoc and lack coordination with other existing efforts, reflecting an institutional weakness of the organization.
The initiation of an investigation by the Office of the Prosecutor at the International Criminal Court (ICC) in Northern and Eastern Uganda has sparked intense debate on its impact on the prospects for peace in the region. On one side of the debate, it is argued that the Chief Prosecutor’s timing negatively impacts the efforts of Betty Bigombe, chief mediator between the Government of Uganda and the Lord’s Resistance Army (LRA), to re-initiate talks. The fear is that the LRA will have no incentive to dialogue with the Government if they face arrest and detention. Second, the investigation provides a disincentive for rebel commanders to come out under the provision of the Ugandan Amnesty Act (2000). Third, the investigation undermines the efforts of locally-based civil society groups to support the peaceful return and reintegration of combatants under the Amnesty. On the other side, the Chief Prosecutor, Luis Moreno Ocampo’s investigation has had a positive impact, facilitating prospects for realizing sustainable peace, primarily by drawing greater international attention to the conflict and pressuring conflicting parties to resolve it.
This Human Security Update examines the origins and evolution of the two sides of the debate on ‘peace vs. justice’ and attempts to bring them into conversation. Recent efforts to exchange information and views on this topic may provide an entry point for finding a balanced approach between international and local initiatives. Both approaches have relative merits and limitations. Neither are a stand-alone solution, but a well-planned, long-term, coordinated and transparent approach could stimulate both peace and justice in the region.
