Voices Issue 4 (pdf)

Editorial

What accountability and prosecution mean for justice and reconciliation in northern Uganda

Oryem Nyeko

WELCOME to the fourth issue of the Justice and Reconciliation Project’s magazine Voices. This magazine aims to share individual victim, victims group, civil society and stakeholder views on justice and reconciliation in northern Uganda and Africa’s great lakes region as a whole. The theme of this issue is accountability and prosecution. This was chosen because of the recent rise in debate on accountability for perpetrators of conflict in northern Uganda. Questions that are being asked right now include what form should accountability take and who should be accountable.

In our work we have found that local views on the issue vary. Statistics from JRP’s Reconciliation Barometer survey of 2012 show that up to 57% of victims of the conflict want to see perpetrators of the conflict tried. Similarly, when we interviewed two members of the grassroots organisation the Women’s Advocacy Network (WAN) to find their views on prosecution, their views differed substantially (‘Two Sides of a Coin: Women Survivor’s Views on Accountability’).

Recently international attention towards the prosecution of perpetrators of the conflcit has been renewed because of the developments under the United States’ Rewards for Justice programme (see ‘Why Now? What the timing of Rewards for Justice means for northern Uganda’, as well as ‘Only the Loudest Voices: International Perceptions on Accountability’). Locally, the standstill of former LRA commander Thomas Kwoyelo’s trial continues to re-affirm the challenges that have been identified with pursuing justice in northern Uganda poses.

The tendency of stakeholders and policy makers to focus solely on rebels and rebel leaders when dealing with the issue of accountability has also been criticised. In 2005, when the ICC issued arrest warrants for Joseph Kony and four other LRA leaders for crimes against humanity and war crimes, the Court’s apparent decision to exclusively focus on rebel accountability and  to ignore the actions of the other side of the conflict was met with dissatisfaction by some. In this vein, ‘The Road Less Traveled: State actors’ accountability in northern Uganda’ examines the human rights violations by the ruling National Resistance Army  (NRA) going back as far as 1991 while ‘When the Weighing Scales of Justice Do Not Balance’ reflects on the perpetrator turned prosecutor dynamic of post-conflict accountability in Uganda.

Do you want to have your voice heard in a issue of Voices? We welcome any contribution on current transitional justice issues, including 1000 word opinion and feature pieces. Please email voices@justiceandreconciliation.com or call (256) 0471433008 for more information. 

Contents

Letter from the PC

Boniface Ojok

In this edition of Voices magazine we take a look at accountability for gross human rights violations. The contributions in this issue explore the local context of justice and suggest that Ugandans are at a dilemma when it comes to justice for crimes committed during the conflict in northern Uganda. A one size fits all approach doesn’t necessarily apply to victims of conflict.

At JRP, we believe that a bottom to top approach to accountability is the best solution for communities decimated by conflict. We have learnt from the experiences of other countries that transitional justice interventions, ranging from truth … read more.

The complexities of pursuing justice in northern Uganda

Lino Owor Ogora

As northern Uganda continues on its road to recovery, complex questions remain unanswered regarding how perpetrators who committed crimes during the conflict can be held accountable. One of these complicated questions is how to hold accountable individuals who bear dual victim-perpetrator identities. Another key question is whether or not amnesty should be granted to former perpetrators of war crimes and crimes against humanity. Debates on reparations, and what forms it will take, also continue to dominate the post-conflict discourse in northern Uganda. Then there is the question of how to hold state perpetrators accountable and finally, what options can be … read more.

The Road Less Traveled: State actors’ accountability in northern Uganda

Evelyn Akullo Otwili

In the course of the conflict in northern Uganda serious crimes of concern to Ugandans as a whole – particularly regular use of torture, murder, abductions and forceful displacement – were perpetuated against civilian populations in places like Palabek, Burcoro, Lukome, Awach, Alero, Acholi Bur, Purongo, and Namukora  in the 1990’s not only by LRA but also by State Actors. As early as the 1990’s, Amnesty International reported inhumane acts by the then National Resistance Army (NRA). A particularly serious set of human rights violations are reported by a several sources to have taken place between 16 and 18 April … read more.

Why victims’ continue to demand for accountability in spite of government pardons

Isaac Okwir Odiya

In the West Nile sub-region of Uganda, as may be the case in other parts of Uganda and the rest of the world, former combatants of a rebel movement and members of the very community to whom crimes were perpetrated are living a parallel lives. West Nile experienced rebel activities of the Uganda National Rescue Front (UNRF) I and II which was characterised by the looting of civilians’ properties and killings, displacement and abduction among others. The rebel group is claimed to have started as a protest against bad government policies and unfair treatment to people of West Nile. Through … read more.

Two Sides of a Coin: Women survivors views on accountability

Nancy Apiyo

In our work at the Justice and Reconciliation Project, we have found that survivors of the conflict tend to have different views on prosecution – while some think there is need for prosecution others think that it is better to forgive and move on. Some of the views of the victims change over time depending on various factors such as lack of trust in the prosecutorial institutions both locally and internationally or lack of knowledge on transitional justice processes. The different views of the women on the same subject illustrates that transitional justice processes should be enforced together to complement … read more.

When the weighing scales of justice do not balance

Evelyn Amony and Olive Ederu

In 2008, the Government of Uganda and the Lord’s Resistance Army signed the annex to the principal Agreement of the Juba Peace Agreement on accountability and reconciliation which elaborates how perpetrators should be held accountable for crimes committed during the conflict. In line with this, the Government of Uganda established the International Crimes Division of the High Court to try individuals accused of committing war crimes, crimes of genocide, terrorism and crimes against humanity. The Court fired into action in 2011 by opening the trial of Thomas Kwoyelo who was charged with war crimes and crimes against humanity. During a  … read more.

Community Theatre! A tool for victims’ advocacy for Accountability

Isaac Okwir Odiya

In the year 2012, the Justice and Reconciliation Project (JRP) and the Grass Roots Reconciliation Group (GRG) entered into a partnership to implement the Community Theatre Programme, a pilot project with two victims’ groups in Lamwo District Palabek Sub County. The theatre project was designed to promote healing among conflict affected community, seek redress for rights violated during conflict through advocacy and to promote reconciliation among members of the community affected by conflict. This pilot project provided a platform for victims of the LRA conflict to creatively share their conflict experiences as well as to identify major challenges impeding healing … read more.

Secondary Victims: How prosecution failed women victims in northern Uganda 

Kasiva Mulli and Olive Ederu

The conflict in northern Uganda was a bitter pill to women who became victims of various forms of sexual and gender based violations. Those who were abducted were forced to marriage at a very young age, subjected to rape, sexual slavery, forced pregnancies and infection of sexually transmitted diseases. Those who managed to avoid abduction did not escape this form of violence. Camp life was often characterised by rape, infection of HIV/AIDS and a lack of proper reproductive health services to respond to these violations. The Government of Uganda in its response to the sexual and gender based violence (SGBV) … read more.

Only The Loudest Voices: International Perceptions on Accountability

Katherine Payne, Lizzy Chenery and Marijn van de Geer (Resolution:Possible)

Resolution:Possible was founded in 2010 as a UK based campaign against the Lord’s Resistance Army. Very soon it became clear, through conversations and interactions with people in and from the region, that the situation in northern Uganda was far more complex than we had been led to believe. Through further research we realised that all the tensions and conflicts in the Great Lakes Region are very much connected. We were therefore no longer comfortable being a ‘single issue campaign’ presenting issues with clear cut solutions. Instead we realised there was an urgent need to get as much information from as … read more.

Why Now? What the timing of Rewards for Justice means for northern Uganda

Oryem Nyeko

In recent months, the LRA conflict has been the centre of a wave of international interest that seemed, on the face of it, to come out of nowhere. It started in 2012 when a worldwide internet campaign was used to bring the conflict, its alleged perpetrators and its after effects to the forefront of global consciousness. The most recent development is under the ‘Rewards for Justice’ programme, an initiative of the United States’ State Department, which has brought the hunt for Joseph Kony and the remaining commanders of the rebel group back to the fore. ‘Rewards’ is essentially a bounty-hunter’s dream … read more.

Gender Justice continues its activities

Grace Acan

During this quarter, the Gender Justice Unit was able to implement the following activities under its three programmatic areas. Under our Legal Programme, we have been conducting a survey on gender needs in transitional justice in northern Uganda. The purpose of the survey was to establish unique needs of both women and men in post conflict northern Uganda as well as to identify gender gaps in ongoing transitional justice processes. Last year we conducted interviews and focus group discussions in five Districts and this year we have been compiling the data as well as preparing to begin verification workshops in … read more.

JRP and ICTJ launch reparations report

Oryem Nyeko

Following a launch in Kampala, the Justice and Reconciliation Project and the International Center for Transitional Justice (ICTJ) held the Gulu launch of their most recent report “Unredressed Legacy: Possible Policy Options and Approaches to Fulfilling Reparations in Uganda” on Thursday, 21 February 2013. The event was attended by representatives of northern Uganda CSOs and war victims’ associations such as the Kitgum Women Peace Initiative, the Women’s Advocacy Network and the Moyo Town War Victims Association. It served both as the official launch for many that contributed to its content and as an opportunity for discussion and feedback on the  … read more.

JRP Hosts First Annual Documentation Dissemination Forum

Vicky Esquivel-Korsiak

On November 15, 2012 JRP hosted its first annual Dissemination Forum to showcase five publications produced in the past calendar year. The Forum drew 65 participants from across northern Uganda and Kampala representing victims groups, religious leaders, advocates and other stakeholders. Through the Forum, JRP was able to highlight issues and recommendations arising from its research, including how these recommendations can be carried forward by activists and communities. The Forum also provided an opportunity to elicit feedback on the reports and how JRP can continue to improve its work. The reports disseminated included: The Day They Came: Recounting the LRA’s … read more.

Uniting for Peace and Development: West Nile Celebrates Ten Years of Peace

Sylvia Opinia

In recognition of the 10th anniversary of signing of the Government of Uganda (GoU)-Uganda National Rescue Front II (UNRF II) peace agreement, Justice and Reconciliation Project (JRP)’s community mobilization department joined Yumbe District and MAYANK Development Association and other development actors to celebrate this event. As the people of West Nile and Yumbe District in particular remember this landmark of peaceful achievement, attention is drawn to the fact that the peace process did not end with the signing of the agreement, it remains incumbent on all stakeholders to zealously guard this peace and all efforts must be garnered to consolidate it … read more.

Voices Issue 3 (pdf)

Editorial

Justice, Reconciliation and the Right to Know

Oryem Nyeko

In the middle of 2012, JRP began filming a documentary in Amuria District in Teso sub-region. We moved onto Lango, West Nile and Acholi sub-regions, where we interviewed the family and friends of individuals that are still missing because of enforced disappearances. Today, many parents, siblings and children continue to search for any information about what happened to their loved ones, a search, which to them, seemed to be being carried out alone.

The reality is that the abductions and enforced disappearances did not just affect those that were close to the missing. Instead, the issue is intertwined closely with communities in the region as their transitional justice needs become further defined. The search for the truth is not confined to a search for missing persons, but extends to the struggle for acknowledgment from those that are responsible, or partook in the two decade long conflict.

In this issue of Voices magazine, truth-telling is the central theme. The “Missing Persons Poster” , is not an exhaustive list of the missing. It was meant to serve as a reminder of the scale of the challenge and the importance of a campaign aimed at advocating for victim-centred truth-telling process in a post-conflict region like Northern Uganda.  While it is impossible to accurately depict how many people are missing, it is hoped that this poster, among many other community-led initiatives, will lead to ‘the Right to Know’ being a serious priority in the agenda of the Government and other stakeholders (“The Right to Truth and Justice”).

The work of the ICRC in particular, in tracing missing abductees and reuniting them with family member, reflects a general sentiment of truth-seeking as an internationally recognised right. Guest writer Simon Robins examines the work of the organisation in “Missing Persons: Towards a Victim Centred Approach” . Proposed telling processes in this region are also examined from a gender perspective (“Achieving Gender Justice Through Truth-Telling”, page 26), and comparisons are made with countries in a post-conflict states (“Lessons from Post-Genocide Rwanda”, page 38)

The Gender Justice initiative, the Women’s Advocacy Network (WAN), consists of women that were personally affected by the conflict, some of whom actually know the whereabouts of some of the missing persons. The Chairlady of the advocacy initiative, Evelyn Amony, calls on individuals, organisations and governments to come together to restore the broken links in “Our Lost Jewels” .

 What does the Right to Know mean to you? We welcome the views of readers, so email voices@justiceandreconciliation.com or visit our offices in Gulu to have your voice heard. ▪

Contents

Letter from the PC

WELCOME TO our latest edition of Voices Magazine where we bring you some local perspectives on the ‘Right to Know’. In August JRP launched the ‘Right to Know’ campaign to draw attention to the significance of truth seeking and missing persons in the transitional justice discourse in Uganda. Key to this campaign is the legacy of the various conflicts that have occurred in Northern Uganda leaving hundreds of persons gone missing and in need of the truth of their whereabouts.From its inception, JRP has been overwhelmed by the number of persons who claim they have lost their loved ones… Read more

The Right to Truth and Justice

ONE EVENING while finalising the preparations for the Dialogue on Disappearances to commemorate the International Day Against Enforced Disappearances on 30^th August 2012, we pinned up posters made by JRP in collaboration with Children/Youth as Peace Builders (CAP) Uganda, as an indicative list of missing persons in Gulu District. The waiter who brought our drinks suddenly stood there for some time while skimming through the names and finally asked one of my colleagues how he could get the name of his missing relative to be included on the poster. What caught my attention was not the question but the fact… Read more

Interview with Boniface Ojok

In the last few months, the ‘Right to Know’ campaign has formed a central part of JRP’s work. Voices Magazine sat down with JRP Programme Coordinator, Boniface Ojok, to get his insight on the campaign, its purpose and the hopes for the upcoming months. Read more.

Missing Persons: Towards a Victim Centred Approach

The conflicts over the last three decades in Northern Uganda have left many impacts, some better understood than others. The large-scale LRA abductions that have come to characterise the war in the Acholiland and beyond have produced a multi-faceted response targeting returnees, their families and communities. Returnees have benefitted from counselling in district-based reception centres, support on their return home and assistance packages. In some sense however these returnees and their families are the lucky ones: many families of those abducted have heard nothing about their loved ones and remain torn between the hope that they will return and the… Read more

The Dialogue on Disappearances

To commemorate the internationally recognised day against enforced disappearances, the Justice and Reconciliation Project in collaboration with Children/Youth as Peace Builders (CAP) Uganda organised a dialogue on the 30th of August 2012 between stakeholders, victims groups and civil society organisations in Northern Uganda to generate debate on addressing the issue of people who are still missing or unaccounted for as a result of conflict. Guided by the theme “the right to truth”, this was part of a series of week long of activities organised by JRP in West Nile, Teso, Lango and Acholi sub-regions aimed at engaging with communities on the issue… Read more

Voices of Uncertainty

It is early morning and we have just arrived at a family compound in the outskirts of Gulu. We are greeted by the father of the family who is apologizing for being very busy that particular morning. It has been raining heavily all night and now he has to fix the latrine, which has been damaged by the rain. The father is weak and recovering from an illness, so the heavy work is hard for him to manage. He takes time out of his busy schedule to show us around his compound. While we are walking around we are talking … Read more

Providing Answers: What the ‘Right to Know’ means to victims in Northern Uganda

Despite experiencing close to four years of relative peace, Northern Uganda continues to grapple with several recovery challenges. Among these challenges are answered questions regarding the plight of people who continue to be missing. Many of these people were either abducted by the rebels of the Lord’s Resistance Army (LRA) or simply went missing due to other causes such as displacement. It is not known if many of them are still alive.

A survey conducted by an NGO called Children and Youth as Peace Builders (CAP) indicates that 1,036 people are missing in Gulu alone. A 2012 survey by JRP … Read more

Our Lost Jewels: The Women’s Advocacy Network and the Unaccounted For

Daniel is one of the boys who never got the chance to come back home like we did. Many of us were abducted but not all got the chance to come back. Some died and others are still alive. They live with other tribes in other countries. When Daniel finally found his way home, he told us about his fate and that of the other children. There are people who are still in Sudan and living among the Lutugu tribe. Some of the girls have become wives while the boys become soldiers.   The boys have also been given women from … Read more

We Want a Truth-Telling Process That Will Lead to Reconciliation

Continuing from last issues ‘Ododo Wa: Our Stories’ (‘Storytelling, Gender and Reparations’ Voices, Issue 2, September 2012), JRP’s Gender  Justice department uses the mechanism of story telling to ascertain the views of war affected women on the Right to Know, truth-telling processes, missing persons and the need for reconciliation at community level. … Read more

Achieving Gender Justice through Truth-Telling

With a proposed truth-telling process being considered at national level, Gender Justice Team Leader Kasiva Mulli examines the factors that need to be taken into consideration if such a process is put in place from a gender perspective… Read more

An Acceptable Truth-Telling Process for all Ugandans?

Uganda is well endowed with a number of ethnic groups with different ethnic value and beliefs which are key in guiding behaviours in societies. Each group values their belongings and lifestyle and always strives to defend it at any point. Every society values truth-telling as a fundamental instrument of promoting justice and peace for the good of the societies but justice which is believed to come through truth-telling varies from person to person, society to society depending on individual needs.

The disparities in justice needs of individuals and societies has turned to define what “truth-telling” is. It is therefore important … Read more

The First Step towards Reconciliation: The Role of Truth-Telling in Acholi Traditional Ceremonies

In exploring the relevance of traditional mechanisms to the unique justice needs of Northern Uganda, JRP’s Documentation department   found that truth-telling forms a central part of some reconciliatory ceremonies. In this article, mato oput and moyo kum specifically are examined vis-à-vis their role in truth-telling and the JLOS proposed transitional justice policy in Northern Uganda… Read more

Current Views and Perceptions of Truth-Telling in Northern Uganda

On Tuesday 18th July 2012, the Justice Law and Order Sector (JLOS) released its long awaited study on traditional justice and truth-telling. The one day launch event took place at Imperial Royale Hotel in Kampala. The report contained findings of a study on traditional justice mechanisms of tribes all over Northern Uganda, and truth-telling mechanisms. The report made policy recommendations on adoption of a national policy on truth-telling and traditional justice.

Following the launch of this report, JRP’s Community Documentation department decided to conduct a brief situational analysis on truth-telling within local communities, to analyse local perceptions and opinions on the subject… Read more

Gender Justice Activities from August to September

JRP’s Gender Justice Team engaged in a variety of activities over the past few months, which have yielded great results.

Under the Ododo Wa (Our Stories) program, the Gender Justice Team developed personal history books for several formerly abducted women. The personal history books, which include the life story about a woman’s life before, during, and after abduction, are important assets to the women. Many formerly abducted women feel the need to document the experiences they faced so that their children and families understand their experiences and for women to remember events that took place while in captivity.

Likewise, under … Read more

A Forged Reconciliation or Genuine One? Truth telling and Family Reconciliation

In 2012, Can-kara (not his real name) approached the Justice and Reconciliation Project in the hope that the organisation would be able to help provide a solution to a two-decade long family rift. Having searched and not found solutions in many places, he was unsure whether his family conflict would finally be resolved. This is his story, as told to JRP Project Officer Isaac Okwir Odiya… Read more

Truth-telling for Forgiveness and Reconciliation

In 1994, “Robert”, then 8 years old, was living in his uncle’s home.  Late one night, the LRA attacked the home and abducted Robert. As the rebels were taking him, Robert was forced to watch one of the commanders, who was scarcely older than himself, brutally beat and kill his uncle. For the first week of his captivity, Robert and the commander moved as part of the same battalion. Soon, though, they were separated.

Robert eventually escaped from the LRA in 1999 and found his way to a World Vision reception center in Gulu. A few weeks later, the same …  Read more

Lessons from Post-Genocide Rwanda: The Location, Identification and Respectful Burial of the Anonymous Victims of Mass Atrocities

In the aftermath of the 1994 Rwandan genocide in which an estimated 800,000 civilians – most of whom were members of the nation’s minority Tutsi population – were killed, a number of initiatives have been pursued in an effort to locate and rebury with respect the anonymous victims of the violence. In the months following the genocide, survivors frequently attempted to learn the locations where their missing family members had been killed, and then conducted nonscientific exhumations aimed at locating and reburying with respect any human remains that might be found.

Then, in 1995 and 1996, the International Criminal Tribunal for Rwanda … Read more