The indictment of the top five rebel leaders has raised both fears and expectations, for how it might impact the Amnesty process, any future peace talks and possibly led to the capture and arrest of those deemed most responsible. In this context, questions and debate about the best way to pursue justice are extremely pressing in Uganda.
In order to begin to explore these questions in the context of northern Uganda, the Gulu District NGO Forum, International Center for Transitional Justice and Liu Institute for Global Issues convened a workshop among main stakeholders on March 17-18 at the GUSCO Peace Centre, Gulu. Participants included the Amnesty Commission (including its head, Justice Onega), the Ugandan Human Rights Commission (Commissioner Alero Omara), traditional leaders (including an opening by Rwot David Onen Acana II, Paramount Chief of the Acholi), religious leaders, NGO and civil society activists from across the country, women’s groups and youth leaders, academics from Gulu and Makarere, UN representatives (OHCHR and UNICEF), MPs, and others, including representatives from IDP camps in Kitgum, Pader and Gulu Districts. Between 60 and 70 participants in total attended and momentum throughout the discussions was very high, with most sessions going over time.
From April 16-18, Michael Otim attended a meeting in Oslo, Norway, titled, “Transitional Justice and Peace Negotiations.” The meeting was hosted by the Norwegian Minister of Foreign Affairs and the International Center for Transitional Justice.
Michael presented this paper during the meeting to update participants on the current transitional justice debates taking place in northern Uganda.
As peace talks between the Lord’s Resistance Army (LRA) and the Government of Uganda proceed in Juba, many anticipate the forthcoming discussion of the third agenda item on Reconciliation and Accountability. The LRA leadership has repeatedly stated that no fighter will return home unless the Prosecutor of the International Criminal Court withdraws indictments against four of the remaining five commanders still alive.
This paper suggests ways to move beyond the current impasse. It identifies a series of current justice and reconciliation alternatives available. By placing an emphasis on what can be discussed in the peace talks, it hopes to illustrate means of realizing both peace and justice.
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.
