THE REPUBLIC OF UGANDA
JUSTICE LAW & ORDER SECTOR
NATIONAL TRANSITIONAL JUSTICE POLICY
Prepared by:
THE NATIONAL TRANSITIONAL JUSTICE WORKING GROUP
(3rd DRAFT, MAY 2013)
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Contents
Executive Summary ...................................................................................................................3
Acronyms and Abbreviations ...................................................................................................6
Background ................................................................................................................................8
Policy Statements. ................................................................................................................... 24
Framework for Implementation/ Institutional Framework ................................................... 26
Monitoring and Evaluation ...................................................................................................... 27
Time frame issues .................................................................................................................... 28
Intra-linkages for the implementation of Transitional Justice............................................ 34
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Executive Summary
The transitional justice policy is an overreaching framework of the Government of
Uganda, designed to address justice, accountability and reconciliation needs of post
conflict Uganda. The policy, which is a first of its kind in Africa and the World at large,
provides a holistic intervention to achieving lasting peace in a country whose history has
until recently, been marred by political and constitutional instability. A combination of
justice mechanisms are proposed in the policy. It therefore marks a major milestone in
the history of the administration of justice in Uganda.
Transitional Justice is a range of processes and mechanisms associated with societies
attempt to come to terms with a legacy of large – scale past abuses and human rights
violations in order to ensure accountability, serve justice and achieve reconciliation.
Transitional Justice consists of both judicial and non-judicial processes and
mechanisms including prosecution initiatives, truth seeking, reparations programmes,
institutional reform or an appropriate combination thereof.
There are two basic approaches to transitional justice. The First one is restorative
justice, which deals with the socio economic recovery of victims of mass human rights
violations and perpetrators. Under this are mechanisms such as acknowledgement and
truth telling, reparations, institutional reform, memory, forgiveness and amnesty. The
second is retributive justice which concerns bringing to book the perpetrators of gross
human rights violations, thus focusing on prosecutions.
Transitional justice strives not only to deliver justice to victims of mass atrocities, but
also to assist societies devastated by conflict to achieve sustainable peace and
reconciliation. Peace and reconciliation demand comprehensive societal transformation
that must embrace a broad notion of justice, addressing the root causes of conflict and
the related violations of all rights. Transitional justice mechanisms offer the potential for
incorporating economic, social and cultural rights.
The development of a National policy on Transitional Justice is an affirmation of
Government of Uganda’s commitment to national reconciliation, peace and justice. It
reflects the core objectives of the GoU of ending impunity and promoting justice and
reconciliation as a necessary precursor to sustainable development. It recognizes that
Ugandans aspire to live peacefully with citizens of other countries and in harmony within
their social, cultural and ethnic diversity.
GoU has over the years reiterated the need for peace, stability and social cohesion as
important prerequisites for the development of the country. This policy is derived from
the Juba Peace process and is anchored in one of the vision attributes of the National
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Development Plan which is; ‘a peaceful and stable Uganda’. However, the Juba Peace
process notwithstanding, this policy provides a national response to matters of
transitional justice in Uganda.
The policy is an integral part of the overall policies on national development as it makes
clear linkages to all relevant major policy initiatives in Uganda. The policy puts in place
a framework to guide the implementation of Transitional Justice.
The object of the policy is to enhance legal and political accountability, promote
reconciliation, foster social reintegration and contribute to peace and security. In this
regard, the policy recognizes the urgent need to introduce legislation and to establish a
body that can devote itself in a full-time implementation of transitional justice processes.
It provides a legitimate point of reference for addressing all matters of Transitional
Justice, assigns specific responsibilities to various actors to facilitate its implementation,
and sets priority areas of action at the various levels by stakeholders.
It adopts a victim centered approach based on the fact that victims need to access and
participate in the process of justice and reconciliation in order to heal, reconcile and
reconstruct their lives. The policy also creates avenues for the mainstreaming of gender
considerations and takes interest in issues of children in all transitional justice
processes.
It is a response to a legacy of past injustices and seeks to provide a prescription for
strengthening stability while diminishing opportunities for impunity, through the
application of a combination of justice mechanisms including formal criminal
prosecutions, traditional justice, truth telling and reconciliation, reparations and amnesty
In this regard, the policy provides for the following interventions:
a. Under the Formal Justice process; Government shall ensure witnesses are
protected and victims participate in proceedings and to the extent possible,
remove barriers for access to justice by victims especially the vulnerable;
b. Under the traditional justice process; Government recognizes traditional justice
mechanisms as a tool for conflict resolution;
c. Under the truth telling process, Government shall establish and resource a
national truth telling process;
d. Under reparations; Government shall establish and implement a reparations
programme for victims affected by conflict; and that,
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e. There shall be no blanket amnesty and Government shall encourage those
amnestied, to participate in truth telling and traditional justice processes.
The policy is a result of intensive and extensive consultations undertaken across the
country over the past few years. Several meetings, workshops, and conferences
have been held on the subject matter or related thematic areas. In addition,
individual consultations and public dialogues have been held with a representative
sample of the population. The inputs of these divergent stakeholders, both private
and public, at various levels, have been taken into account in the development of
this policy
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Acronyms and Abbreviations
APRM
African Peer Review Mechanism
APSA
African Peace and Security Architecture
AU
African Union
CSOs
Civil Society Organisations
DPG
Development Partner Group
GoU
Government of Uganda
ICC
International Criminal Court
ICD
International Crimes Division
IDP
Internally Displaced Person(s)
JLOS
Justice Law and Order Sector
JLOS
Justice Law and Order Sector
LRA/ M
Lord’s Resistance Army/ Movement
MDGs
Millennium Development Goals
MoJCA
Ministry of Justice and Constitutional Affairs
NDP
National Development Plan
NEPAD
New Partnership for Africa’s Development
NIMES
National Integrated Monitoring and Evaluation Strategy
PCRD
Post Conflict Reconstruction and Development
PPP
Public Private Partnership
PRDP
Peace Recovery and Development Plan
SIP III
Strategic Investment Plan III
TJ
Transitional Justice
TJMs
Traditional Justice Mechanisms
TJWG
Transitional Justice Working Group
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Contextual Definitions
Accountability:
Willingness or obligation to accept responsibility by an
individual or institution for their actions.
Amnesty:
a pardon or forgiveness for the commission or omissions of
acts or crimes.
Formal justice:
includes criminal prosecutions of the architects and
perpetrators of grave human rights violations and abuses;
they may be pursued internationally or nationally
Reconciliation:
the process that yields restoration of broken relationships
through acknowledgement, repentance and forgiveness by
parties to a conflict.
Reparations:
the act of making amends, offering expiation, or giving
satisfaction for a wrong or injury or something done or given
as amends or satisfaction or the payment of damages.
Reparations may be material, individual, communal or
symbolic.
Traditional Justice:
refers to localized approaches by communities to attain
justice and reconciliation; it encompasses all community
driven locally based approaches that the communities
develop and utilize in resolving localized disputes to attain
safety and access to justice by all.
Transitional justice:
a range of processes and mechanisms designed to deal with
a legacy of large scale past abuses in order to ensure
accountability, achieve reconciliation and promote national
development.
Truth Seeking:
the process of examining and coming to grips with past
crimes and atrocities in order to prevent their future
repetition
Truth Telling:
to speak, be heard, and to share experiences arising from
conflict.
Victims:
A person who has suffered harm individually or
collectively including; physical or mental injury, emotional
suffering, economic loss.
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Background
1. Pre and Post-independent Uganda has gone through periods of conflict including
political instability and turmoil. Some of these include the pre-colonial rebellions, the
post-colonial 1966 Buganda Crisis, the Rwenzururu insurrection, the 1970’s Idi
Amin regime, the 1980 contested election, the 1981-85 war in the Luweero Triangle,
the Uganda People’s Army (UPA) insurgency in 1987, the Holy Spirit Movement of
Alice Lakwena, the Lord’s Resistance Army(LRA) rebellion, the Allied Democratic
Forces (ADF) and the persistent cattle rustling in the Karamoja sub-region that has
affected the neighbouring regions.
2. In response, the Government of Uganda (GoU) has made several attempts to
address accountability concerns for atrocities committed by perpetrators. These
efforts date as far back as the early 70’s and range from outright military offensive,
establishment of Commissions of inquiry, legal enactments , administrative and
policy pronouncements, declaration of amnesty, negotiation through traditional and
religious leaders, peace negotiations, referral of
cases of to the International
Criminal Court (ICC) and the Establishment of the International Crimes Division to
try those most responsible for the commission of conflict related international
crimes. These attempts are aimed at promoting justice, peace, reconciliation, good
governance and sustainable development.
3. Despite the various attempts to address issues of accountability and reconciliation,
there has been no overarching government policy to deal with post conflict situations
in Uganda. However, the 20 year conflict in Northern Uganda between the GoU and
the LRA/M, and the commitments of the GoU emanating from the Juba peace
process, precipitated among others, the need for a comprehensive policy on matters
of accountability and reconciliation. Consequently, GoU committed to expeditiously
prepare and develop the necessary legislation and modalities for implementing the
Agreement on Accountability and Reconciliation which would inform national policy
and legislative direction to deal with justice and accountability needs.
4. As part of the concerted efforts to handle the commitments of the Juba peace
process, and as an essential component of peace building and conflict prevention
efforts, a key intervention is the development of a national transitional justice policy.
This policy addresses matters of: legal and institutional framework for investigations;
prosecutions; trial within the formal justice system; reparations and alternative justice
approaches. The policy therefore is motivated by the need to address our violent
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past by accounting for various human rights abuses and violations, and finding
lasting finding lasting solutions to the conflicts in Uganda.
5. The policy takes into account Uganda’s national, regional and international
obligations as well as global best practices in post conflict situations. These
standards are articulated in various international instruments to which Uganda is
party.
6. The Policy emanates from a consultative, participatory and inclusive process
undertaken by the JLOS over a period of time. In particular, the 2009 study on
Transitional justice in Northern, Eastern and some parts of West Nile region, which
highlighted the justice needs of the affected communities including the need for truth
telling, traditional justice, reparations and conditional amnesties; the 2009 study on
the use of formal criminal prosecutions in addressing impunity with specific regard
the then proposed ICC Bill, which made proposals for the amendment of the ICC Bill
(now law- the ICC Act 2010); and the 2011 study on the use of traditional Justice
and Truth Telling in promoting accountability and Reconciliation covering the subregions of the country including;
Buganda, Teso, Bugisu/Bugwere/Busoga,
Karamoja/Kapchorwa, Acholi, Ankole/Toro/Bunyoro, Lango and West Nile which
resulted into the proposals for traditional justice and truth telling policy.
7. The policy takes into account several justice mechanisms while recognising the ever
changing justice needs of communities affected by conflict. It aims at guiding all
levels of planning, resource allocation and implementation of development
programmes on Transitional Justice (TJ). It assigns responsibility to various actors
under the guidance of the MoJCA on TJ and sets thematic and priority areas for
action at national, sectoral and local levels. It will take into account the different
conflict periods, the respective victims and the legacy of unaddressed violations. It
seeks to affirm government commitment to building institutions that will bring justice
to the past while showing their commitment to good governance in the future.
8. Fundamental to this Policy, is the recognition that persons affected by conflict should
be supported to enjoy in full equality the same social, economic and political rights
as the rest of the country in consonance with our national and international
obligations as set out in the Constitution and other instruments.
Legal and Policy Context
9. Although the Constitution of Uganda, 1995 as well as regional and international
instruments provide an opportunity for Uganda to develop a comprehensive legal
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framework, Uganda has hitherto not had an enabling framework for the
implementation of transitional justice mechanisms. In addition, the Juba Peace
Process provides another opportunity for the development of a policy and legal
framework for the development and implementation of transitional justice
mechanisms to the extent they promote justice, accountability, reparations and
reconciliation in Uganda.
10. The lack of a holistic and coherent Government Policy and the inadequate legal
framework to deal with crimes or wrongs in pre-conflict, conflict and post-conflict
situations has culminated into dissatisfaction with the extant justice systems among
the public especially victims of conflict situations countrywide.
National legal framework
11. The Constitution of the Republic of Uganda provides the overall legal framework for
accountability and reconciliation. It recognises and articulates our national
aspirations and commitments in the National Objectives and Directive Principles of
State.
a) Objective Principle III on national unity and stability , recognizes the responsibility
of the State and the people of Uganda toward the promotion of national unity,
peace and stability, the need for efforts towards the integration of peoples of
Uganda, the promotion of a culture of cooperation, cooperation, understanding,
appreciation, tolerance and respect for each other's customs, traditions and
beliefs, the establishment and nurturing of institutions and procedures for the
resolution of conflicts fairly and peacefully and the duty of the State to provide a
peaceful, secure and stable political environment which is necessary for
economic development.
b) Objective principle, XXIV advances the development, incorporation, promotion
and preservation of cultural and customary values which are consistent with
fundamental rights and freedoms, human dignity, democracy and with the
Constitution in aspects of Ugandan life.
c) Objective principle XV recognizes the role of women in society. This therefore
provides an opportunity for women to participate in Transitional justice
mechanisms.
d) Objective principle XII emphasises the duty of the State in development though a
balanced and equitable approach, while noting the need for special measures in
favour of the development of the least developed areas.
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e) Article 8A of the Constitution, gives effect to the objectives and directive
principles stated above, in as far as Parliament being mandated to gives full
effect to the directive principles.
f) Article 32. Stipulates the duty of the State in the realization of the rights of
marginalized groups.
g) Article 34, requires the accord of special protection to orphans and other
vulnerable children.
h) Article 33, emphasizes rights of women while prohibiting laws, cultures, customs
or traditions which are against the dignity, welfare or interest of women or which
undermine their status.
i)
Article 37, accords all persons the right as applicable to belong to, enjoy,
practice, profess, maintain and promote any culture, cultural institution, language,
tradition, creed or religion in community with others.
j) Article 44; Gives force to the rights and freedoms in as far as they are nonderogable; including freedom from torture and cruel, inhuman or degrading
treatment or punishment, freedom from slavery or servitude, the right to fair
hearing, the right to an order of habeas corpus.
k) Article 45; provides an opportunity for Uganda to embrace other rights not
specifically mentioned in the Constitution. These may include rights recognized in
the implementation of transitional processes.
l) Article 50 guarantees the right to redress through a competent Court or tribunal
in the case of violation of rights.
m) Article 126 elaborates among others, the power and rights of the people in the
administration, the role of the judiciary in the promotion of core values in the
administration of justice, the need for adequate compensation to victims of
wrongs and the need to promote reconciliation between parties shall be
promoted.
n) Article 127 emphasizes the need for legislation to effect the participation of
people in the administration of justice.
12. The International Criminal Court Act 2010; the Act gives effect to the Rome Statute
of the International Criminal court and in that regard; affirms that; the most serious
crimes of concern to the international community as a whole must not go
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unpunished and that their effective prosecution must be ensured by taking measures
at the national level and by enhancing international cooperation, Part 2 of the Act
therefore criminalises the crimes of genocide, crimes against humanity, war crimes
and the crime of aggression.
13. The Geneva Conventions Act 1964; Section 2 of the Act criminalizes the
commission of the grave breach of conventions by persons within and outside
Uganda. For example, in the case of a grave breach involving the willful killing of the
person protected by the convention in question, to imprisonment for life and in the
case of any other grave breach, to imprisonment for a term not exceeding fourteen
years.
Regional Framework
14. The African Union is lately prioritising transitional justice and in fact intends to design
a framework for transitional justice. The Constitutive Act of the African Union 2000,
the Act, recognizes among others of the fact that the scourge of conflicts in Africa
constitutes a major impediment to the socio-economic development of the continent
and the need to promote peace, security and stability.
15. The African Charter on Democracy, Elections and Governance, 2007, affirms the will
of States parties to work relentlessly to deepen and consolidate the rule of law,
peace, security and development in their jurisdictions.
16. The African Charter on Human and Peoples’ Rights (ACHPR), among other values
of human rights good governance, democracy and rules of law takes into
consideration the virtues of African historical tradition and the values of African
civilization which should inspire and characterize the reflection on the concept of
human and peoples' rights.
17. Article 22(3) of the African Charter on the Rights and Welfare of the Child (ACRWC),
1999; reiterates the obligations of States Parties in the Charter and under on
international humanitarian law, protect the civilian population in armed conflicts and
take all feasible measures to ensure the protection and care of children who are
affected by armed conflicts, including internal armed conflicts.
18. Protocol to the African Charter on Human and People’s Rights on the Rights of
women in Africa, 2003 recognises the crucial role of women in the preservation of
African values based on the principles of equality, peace, freedom, dignity, justice,
solidarity and democracy.
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19. The Protocol Relating to the Establishment of the Peace and Security Council of the
African Union, 2002, expresses concern about the continued prevalence of armed
conflicts in Africa and the fact that no single internal factor has contributed more to
socio economic decline on the Continent and the suffering of the civilian population
than the scourge of conflicts within and between States.
20. The African Commission on Human and Peoples’ Rights (the Commission), meeting
at its 53rd Ordinary Session held from 9 to 23 April 2013 in Banjul, was also deeply
concerned inter alia by the scourge of armed conflicts and political crises in Africa
and stressed the role played by transitional justice mechanisms in combating
impunity and promoting reconciliation in countries emerging from political crises and
violent armed conflicts, as well as the specific context of each post-conflict situation
on the continent.
21. The Agreement Establishing the Intergovernmental Authority on Development
(IGAD). 1986, is inspired by the noble purpose of promoting peace, security and
stability, and eliminating the sources of conflict as well as preventing and resolving
conflicts in the sub region. In addition, the Kampala Convention and the Great Lakes
Protocols all point to the need to address situations of armed conflict.
22. The policy is in conformity with Uganda’s regional obligations on human rights,
humanitarian law and peace and security. In particular, it identifies with current
trends of the African Union on transitional justice.
International legal framework
23. The United Nations Charter, (UNC), 1945, expresses the need to save succeeding
generations from the scourge of war, the need to respect rights and dignity of
persons, the need to establish conditions under which justice and respect for the
obligations arising from treaties and other sources of international law can be
maintained, and to promote social progress and better standards of life in larger
freedom.
24. The Universal Declaration of Human Rights (UDHR), 1948, Article 8; provides for the
rights to an effective remedy by the competent national tribunals for acts violating
the fundamental rights granted him by the constitution or by law.
25. The International Covenant on Civil and Political Rights (ICCPR), 1976, Article 2(3),
elaborates the obligations of State Parties in the realization of the right to an
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effective remedy regardless of whether the violation is committed by a person acting
in official capacity.
26. The Four Geneva Conventions and Additional Protocols, Article 3 (Common to all
the 4 Geneva Conventions) is applicable in case of armed conflict not of
international character occurring in the territory of one of the contracting parties to
the 1949 Conventions. It also applies to a situation where the conflict is within the
State, between the Government and the rebel forces or between the rebel forces
themselves. Protocol II which is supplementary to this article has expanded this
provision. Article 147 criminalizes the Commission of certain crimes referred to as
the grave breaches of the convention including those articulated in article 3 above ;
willful killing; torture or inhuman treatment; biological experiments; willfully causing
great suffering; causing serious injury to body or health; extensive destruction and
appropriation of property, not justified by military necessity and carried out unlawfully
and wantonly.
27. The Convention Against Torture and Other Cruel, Inhuman Degrading treatment or
Punishment (CAT), 1987, Article 14 emphasizes the right to fair and adequate
compensation to victims of torture including to dependents of the dead as a result of
the torture. It also stresses that this right is not affected by its non-existence in
national law.
28. The Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW), 1979, the reminds State parties of their obligations undertaken with the
acceptance of the Convention to the effect that, they incorporate the principle of
equality of men and women in their legal system, abolish all discriminatory laws and
adopt appropriate ones prohibiting discrimination against women, establish tribunals
and other public institutions to ensure the effective protection of women against
discrimination and to ensure elimination of all acts of discrimination against women
by persons, organizations or enterprises.
29. The Rome Statute of International Criminal Court, 2002 is mindful of the millions of
children, women and men who have been victims of unimaginable atrocities and
stresses that most serious crimes of concern to the international community as a
whole must not go unpunished and that their effective prosecution must be ensured
by taking measures at the national level and by enhancing international cooperation.
30. The Convention on the Rights of the Child (CRC), 1989., Article 39 stipulates that,
States Parties shall take all appropriate measures to promote physical and
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psychological recovery and social reintegration of a child victim of: any form of
neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or
degrading treatment or punishment; or armed conflicts, and that such recovery and
reintegration shall take place in an environment which fosters the health, self-respect
and dignity of the child. Furthermore, UNSCR 1612 condemns the recruitment of
children as combatants and stresses the protective role of governments for children
in armed conflict.
31. The UNSCR 1325 recognises the plight of women in situations of armed conflict and
therefore stresses the need for full participation of women in peace building, and all
efforts to promote peace and security while the UNSCR 1820 calls for effective steps
to prevent and respond to acts of sexual violence as a central part of maintaining
international peace and security. In addition there are several soft law instruments
that inform the development of this policy including; the UN guiding Principles on
internal displacement and the UN guiding principles on the right to remedy and
reparations.
Policy rationale
32. An important pre-requisite for the development of any country is peace, stability and
social cohesion in an environment of democracy, political and social tolerance.
Indeed, the NDP emphasizes the fact that an effective legal environment facilitates
individual and national productivity, mitigates social inequity and political instability,
and improves the country’s competitiveness index position.
33. Nevertheless, Uganda’s post-independence period has witnessed massive human
rights violations. This is a direct result of a number of military coups, dictatorships,
armed rebellions, and civil strife that have caused massive destruction and resulted
into large numbers of civilians suffering from a whole range of human rights
violations. A number of persons have also been displaced.
34. These years of conflict have disrupted development efforts, destroyed formal and
informal institutions and disintegrated the socio-economic fabric of communities.
Consequently, various communities in post conflict Uganda have been faced with
several challenges including: poverty and untold suffering as a result of limited
livelihood options, negative perceptions about efforts at enhancing peace, recovery
and reconciliation; and dissatisfaction with the formal justice system.
35. This challenge is exacerbated by the limited appreciation of existing alternative
justice mechanisms as a tool for addressing conflict and post conflict situations,
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hence its relegation to a secondary position in the administration of justice. This
situation, if left unaddressed may constitute a potential threat for national peace and
sustainable development and may pose a setback to the gains already made.
36. Although the Constitution, regional and international instruments make provision for
the realisation of pertinent issues in relation to transitional justice, the current legal
and policy framework do not provide an adequate framework for the effective
implementation of these provisions, hence the need for this policy.
Formal Justice Systems
37. The formal justice system in Uganda has well laid out institutions and processes that
have been used in the administration of justice since the colonial period. Over the
years, the GoU has committed itself to removing impediments to access to justice as
well as addressing legacies of past human rights abuses and violations.
38. In line with Constitutional provisions and in light of the Juba Agreement, GoU has
undertaken tremendous steps to fulfil her obligations under the Agreement. These
steps include: the enactment of the International Criminal Court Act 2010, the
enactment of the Amnesty Act 2000and the establishment of the JLOS transitional
justice working group(TJWG) to critically think through issues of transitional justice
and make recommendations.
i.
Under the formal justice mechanism there are limitations including; legal
constraints in definition of key terms like reparations, victims, the application of
the law in respect participation of victims in proceedings, protection of witnesses,
admissibility of evidence in mass crimes in transitional justice processes given
the protracted length of conflict, retrospective application of the law in relation to
crimes committed before they were criminalized nationally. An example is
illustrated in cases of the ADF and LRA, where there exists a victim perpetrator
dilemma due to the abductions and killings where there is a thin line between
who is the perpetrator and who is the victim.
ii.
The formal justice process currently constrained by lack of mechanisms to
enhance victim participation and witness’s protection which are critical aspects
for transitional justice.
iii.
Formal justice processes are not designed to promote critical values of
reconciliation, restoration and healing which are indispensable in TJ
mechanisms. However, consultations by the sector revealed possibility of
complementarily between the formal justice processes and alternative justice
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mechanisms; an opportunity that can go a long way in allaying misperceptions of
the formal justice sector, enhancing access to justice and most of all promoting
peace, stability and security of person and property.
Traditional Justice Mechanisms
39. Traditional justice systems play an invaluable function in conflict and dispute
resolution especially among disadvantaged populations in conflict and post conflict
environments. This is so because the formal justice systems are often inoperative or
inaccessible in such situations.
40. As such, traditional justice plays a complimentary role to the formal justice system.
Its formal recognition as a medium to enhance access to justice is becoming more
appealing. In Uganda, traditional justice has been used as a more formal authority
than formal law in most communities. The impact of these institutions and
mechanisms upon societies is already being acknowledged by GoU as well as major
world institutions like the World Bank and the United Nations.
41. Although Traditional Justice Mechanisms (TJMs) are widely applied in Uganda,
because of the advantages associated with it such as speed, accessibility and cost
effectiveness among others, TJMs still face challenges including;
i.
ii.
iii.
The lack of formal recognition as a complementary arm of administering
justice. As such, they are also not regulated and lack proper mechanisms for
accountability,
They provide less room for women as decision makers and process
facilitators in dispute resolution hence side-lining and or missing out on the
valuable contribution the women. This is because they are male dominated
and construed,
Human rights observance and victim sensitivity are also key concerns that
need to be addressed. This is manifested by the various questions
surrounding TJMs that touch on issues of admissibility, practicability,
implementation structures, conformity and complementarity,
42. Of key interest however, is that; traditional institutions and structures continue to
bridge the justice gap especially in relation to selected community issues for
example land justice, communal and family conflicts and in the case of Northern
Uganda; facilitated the process of reintegration and reconciliation between the
formerly abducted persons and the communities. They have also complemented the
work of Government institutions like the Amnesty Commission as well as civil society
actors and the local communities. They have been credited for facilitating peace
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Page 17
processes between the Government and the rebel factions, as well as the tribal
groups caught in conflict propaganda. Finally, they play a critical role in restorative
justice which has over the years sustained peace and tranquillity in Ugandan
communities, a virtue that needs to be strengthened.
Truth telling
43. The practice of truth telling manifests in all aspects of dispute resolution and is
therefore instrumental in establishing facts/ comprehensive accounts on conflict
necessary for dispute resolution. Therefore, it is increasingly seen as vital around
the world.
44. Since time immemorial, truth telling has continued to be applied for various purposes
such as; accountability, a spring board to conflict resolution, a necessary precursor
to information preservation and as a healing and reconciliatory tool between victims
and perpetrators.
45. There have been efforts to establish the truth regarding the different human rights
violations in Uganda. To date, Uganda has had two prominent truth seeking
exercises namely: the Commission of Inquiry into the Disappearances of Persons in
Uganda between January 1971 – 74, and the Commission of Inquiry into Violations
of Human Rights, set up to investigate human rights violations committed between
December 1962 – January 1986.
46. Although truth telling efforts in Uganda have registered some success, there notable
challenges are the following:
i.
To-date, the extent to which the findings of the truth commissions have either
been made public or officially implemented is not easy to ascertain;
ii.
There have been several conflicts post 1986 but no commission of inquiry or
truth commission has been established to address the outstanding questions
that pertain to those conflict situations;
iii.
There is no concerted effort to establish the types and magnitude of human
rights violations that took place, their impact and the perpetrators, post 1986;
and,
iv.
There is no consolidated agenda to address victims’ reparative needs. This
has led to distrust by members of the public of truth telling processes.
47. Despite the foregoing challenges, truth telling mechanisms are known to promote
invaluable aspects of sustainable peace, restoration and healing of communities
affected by conflict. By their nature, they inform the documentation of a national
JLOS - TJ Policy, (draft 3), May 2013
Page 18
history which is critical to the nation’s future. In addition, they are healing in nature,
and may deter possibilities of resurgence of conflict. Truth telling/seeking processes
are one of those justice processes that needs communal and political acceptance
due to its sensitive nature. It is therefore prudent that the community and political
leadership appreciate and prepare for this process which has been credited for
having overwhelming positive attributes to national, personal and communal healing
which in the long run sustains a peaceful nation.
Reparations
48. Reparations are integral to victim’s re-integration in society. The paying of
reparations for past human rights abuses and violations has long been a recognized
principle of international law. The existing legal framework does not provide for the
award of reparations to victims of crime.
49. Similarly in traditional justice, justice is not done unless some form of
compensation or reparation from perpetrators is received by the victim,
their families or community members for the wrong.
50. In a bid to make good for post conflict communities in various parts of the country,
and fulfil her constitutional and international obligations, development, recovery and
peace efforts have been undertaken by Government in some parts of the country.
For example GoU developed the PRDP to address recovery, development and
peace need of the Northern Uganda affected areas; GoU is also currently settling
victims of the NRA/LRA bush war in the Acholi sub-region (the Acholi war debt
claimants) and the KIDDP in the Karamoja sub-region. In addition, adhoc directives
by the Executive/President have been witnessed in the form of monetary
compensation for victims of the Mukura Massacre in the Teso sub-region and
compensation to the Luweero Triangle victims among others.
51. Nevertheless, the challenges pertaining to reparations still persist. This has created
anger, frustration, resentment and psychosocial challenges in post conflict
communities. They include;
i.
The absence of a comprehensive Government policy to address reparations
needs of communities affected by conflict;
ii.
The absence of a comprehensive Government policy on children born while their
mothers were in captivity of the armed groups;
iii.
There are unaddressed medical, physical, mental, social, psychological and
psychosocial problems among the affected communities as a result of conflict.
JLOS - TJ Policy, (draft 3), May 2013
Page 19
iv.
v.
vi.
vii.
Trauma and stigma especially among the abducted. Thus adversely affecting the
reintegration of these persons.
Land conflict has emerged as a post conflict issue and will need to be addressed
within a reparations programme.
The various processes and programmes which would qualify as reparations,
have been met with several shortcomings including; failure to conceptualize
reparations in post conflict initiatives, disjointed and irregular administration of
programmes which are often times region specific and lack of clarity between
development initiatives and reparations, lack of technical expertise on
reparations, misappropriation of inadequate resources, absence of legislative
initiatives and institutional leadership to steer the process, and high expectations
from recipient communities as well as a missing link between recovery and
justice.
There are also challenges related to mainstreaming of cross cutting issues,
limited participation of intended beneficiaries, lack of outreach programmes and
matters of access and evidentiary thresholds.
In addition, there is a lack of credible information/database on issues of intended
beneficiaries such as: victims’ categories and time frame for reparations. As a
result, beneficiary communities have not obtained satisfactory benefits from the
development programmes.
52. If well conceptualized, a well-developed reparations programme will direct
Government interventions in the affected areas, which will in the long run facilitate
Government development interests, security and stability goals and most
importantly, meet the justice needs of a painstakingly patient community. This will in
the long run enhance confidence in Government interventions as well as limit
chances of misappropriation of the scarce public resources.
Amnesty
53. An amnesty was legalised in 2000 after a series of calls from religious, political and
local leaders especially from the Lord’s Resistance Army (LRA) affected Acholi subregion. As result, over 26,000 have benefited from the amnesty process and about
5,000 have been reintegrated into their communities.
54. Amnesties in most jurisdictions worldwide have served as political incentive by the
State to the rebelling faction, essentially to end rebellion. Today, it is generally
viewed as a controversial component in most transitional justice situations, since it is
intended to exclude perpetrators of crime from criminal liability; international
jurisprudence has over the year’s outlawed amnesty to individuals suspected of
committing gross international crimes.
JLOS - TJ Policy, (draft 3), May 2013
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55. The form of amnesty in Uganda was unique because it offered pardon to those
individuals who acknowledged participation in rebellion or armed conflict against the
state and not for state actors or other state agents as in other jurisdictions, where
amnesty is viewed as a victor’s justice.
56. Although amnesty played a role in the pacification of Uganda, it had inherent justice
and accountability. These include:
i.
It focused on the needs of the perpetrators and did not take any consideration of
the needs and concerns of the victims. As such, GoU has been criticized for
facilitating the reintegration of perpetrators at the expense of their victims, who
continue to have no livelihood options with which to fend for themselves;
ii.
Special needs of women and children were not considered especially in the
reintegration process/packages;
iii.
The amnesty law did not: take into consideration the nature of crimes committed
by perpetrators; require the perpetrator to confess to the atrocities/crimes they
committed, to admit or to apologize; and it did not take into consideration those
who had not voluntarily abandon rebellion;
iv.
The lack of alignment to transitional justice mechanisms in Uganda is/ a threat to
peace and stability. It is an impediment to communal reconciliation, acceptance
and reintegration. As such, communities with amnestied persons and the
amnestied persons themselves face immense challenges of acceptance and
reintegration;
57. In the context of the policy, amnesty needs to be contextualized in light of
transitional justice and should be considered as an accountability tool to promote
justice, peace and reconciliation. In addition, persons formerly amnestied will be
encouraged to participate in truth telling, traditional justice and reparations to the
extent that they promote reconciliation, healing, reintegration and accountability.
JLOS - TJ Policy, (draft 3), May 2013
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Goal
58. The overall goal of this policy is to enhance legal and political accountability,
promote reconciliation, foster social reintegration and contribute to peace and
security.
Objectives
59. The objectives of this policy are to:
i.
Provide guidance for management and operations of formal and informal justice
process in post conflict situations;
ii.
formalize the use of traditional justice mechanisms in transitional justice
processes;
iii.
establish a reparations programme;
iv.
address gaps in the current amnesty process; and
v.
establish and resource a comprehensive truth telling process.
Guiding Principles
60. This policy takes into account the unanimity of common values, principles and
standards shared across communities in Uganda. It identifies the following key
values and principles to guide the implementation of this policy.
i.
Victim Centeredness
This policy recognizes the important role victims play in the TJ process. Victim
participation in the design, implementation and oversight of TJ programmes is critical. It
helps to ensure that interventions are meaningful, timely and have an impact.
ii.
Gender Equality
Gender equality is an integral part of national development processes. It reinforces the
overall development objectives in the country. This policy emphasises government
commitment to the mainstreaming of gender considerations in all components of TJ. In
particular, it advocates for the full involvement and participation of women and children
in decision making in conflict prevention and resolution.
iii.
Transparency.
Transparency is paramount for TJ as stakeholders must be kept in constant
communication with actors. In particular, this policy underscores the fact that all local
reconciliation processes will be underpinned on openness of all parties.
JLOS - TJ Policy, (draft 3), May 2013
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iv.
Accountability
Responsibility for stakeholder action during the implementation of the policy is key in
order to promote confidence in the processes. It also means continuously challenging
actors to effectively and efficiently use resources for the fulfillment of the agreed roles
and set goals of the policy. As such the implementers will have to be accountable to the
public and parliament, while demonstrating clear areas of progress and challenges for
concerted action
v.
Public Participation.
Transitional justice is generally a community driven justice process, which therefore
demands that the initiators of this process though implemented by Government need to
actively participate in the design and implementation of programmes.
vi.
Inclusiveness
The involvement of all stakeholders at all levels across board cannot be over
emphasised as conflict affects everyone. This policy will accord equal treatment to all
actors irrespective of any differences. It underscores the importance of inclusive
participation in conflict prevention, peace processes, and security initiatives.
vii.
Complimentarity
This policy recognizes that the solution to national reconciliation and justice lies in the
multiple systems of justice functioning simultaneously and effectively complimenting
each other. It is anchored on fact that different actors have different roles to play for the
common good. It underscores the need to bring together public and private actors in the
implementation of TJ processes. It re-echoes the fact that a concerted effort is crucial in
ensuring long term impact in building a human rights culture.
viii. Confidentiality
Confidentiality is a key tenet of this policy. It involves showing and having respect for
individual rights and freedoms which is a pillar of human dignity. The TJ process will be
accorded the utmost confidentiality it deserves. Key emphasis will be placed especially
on victim concerns.
ix.
Neutrality
This policy takes cognisance of the need to build confidence in all her stakeholders. As
such its implementation will adopt a non-partisan and objective approach in order to
maximize engagement, obtain trust and achieve results.
JLOS - TJ Policy, (draft 3), May 2013
Page 23
x.
Integrity
In order to facilitate the healing of aggrieved parties, integrity is vital. This policy
advocates for consistency and accuracy in the implementation of TJ processes.
Policy Statements.
61. The policy objectives shall be achieved through the following strategies, arranged
under the transitional Justice thematic areas.
Formal Justice
62. As much as the formal justice system in Uganda has well laid out institutions and
processes that have been used in the administration of justice; there are gaps in
terms of transitional justice. The most pertinent, this policy seeks to address are in
relation to; the protection of witnesses, participation of victims in proceedings, and
access to justice by the vulnerable especially children and women in post conflict
situations.
Therefore;
Government shall ensure witnesses are protected and victims participate in
proceedings and to the extent possible, remove barriers for access to justice by
victims especially the vulnerable.
In order to realize this, Government shall;
a. Expedite enactment of legislation on witness protection and victim participation.
b. Enact a transitional justice Act to address matters of jurisdiction and
implementation
Traditional Justice
63. Although Traditional Justice Mechanisms (TJMs) are widely applied in Uganda due
to the advantages associated with it such as; speed, accessibility and cost
effectiveness among others, TJMs are still faced with challenges. The major ones
are the lack of formal recognition and lack of regulation.
In order to address these challenges,
Government shall recognize traditional justice mechanisms as a tool for conflict
resolution.
This will be achieved through;
a) Development of Legislation to provide for;
i.
Guiding principles and jurisdiction of TJMs,
ii.
Checks and balances in the implementation of TJMs,
JLOS - TJ Policy, (draft 3), May 2013
Page 24
iii.
Sensitization on the roles of TJMs in the community,
iv.
The use of TJMs as the point of first contact for particular concerns.
b) Empowerment and capacity building of traditional leaders and traditional
institutions in functionality and basic fundamental principles touching on cross
cutting issues.
Truth telling
64. The practices of truth telling and truth seeking are being globally acclaimed for their
reformative and reconciliatory nature. This is because they are instrumental in filling
in the gaps between the different dispute resolution mechanisms.
Therefore;
Government shall establish and resource a national truth telling process. through
the Transitional Justice Act.
In order to realise this, there is need to;
a)
Enact a Transitional Justice Act.
b)
Establish a structure to facilitate truth telling processes at all levels that will;
i.
Ascertain and document human rights violations that took place in
communities, their impact and magnitude.
ii.
Recommending actions for redress.
iii.
Facilitate conflict prevention and dispute resolution.
Amnesty
65. Although amnesty played a role in the pacification of Uganda, it had inherent justice
and accountability challenges that need to be addressed if a future amnesty should
be considered.
Therefore;
There shall be no blanket amnesty and Government shall encourage those
amnestied, to participate in truth telling and traditional justice processes
In order to realise this; there is need for Government to;
a) Provide for amnesty in the Transitional Justice Act to consider the grant of
amnesty on a conditional basis. For instance;
i.
Amnesties could be considered after a truth telling or traditional justice
process.
ii.
Amnesties should not to be considered for international crimes.
iii.
Children should not to be subjected to an amnesty process.
JLOS - TJ Policy, (draft 3), May 2013
Page 25
b) Establish avenues for those amnestied to participate in truth telling and
traditional justice processes through dialogue and sensitisation
Reparations
66. Reparations are integral to victim’s re-integration in society. Therefore reparations in
the go a long way in addressing outstanding issues of post conflict situations
including: post conflict land disputes; children born in captivity; the broken socioeconomic fabrics; marginalization; and re-victimisation of persons affected by
conflict.
Therefore;
Government shall establish and implement a reparations programme for victims
affected by conflict.
In order to achieve this;
i.
Legislation to provide for a comprehensive reparations shall be enacted;
ii.
A fund, to be drawn from the consolidated fund, to implement the reparations
programme shall be established;
iii.
A structure to implement reparations shall be established; and
iv.
A reparations programme shall be designed.
This will achieved through;
i.
Undertaking a mapping exercise; to identify victims of violations, define
categories of violations and periods when the occurred and magnitude of the
violations and benchmarking exercise to ascertain who receives reparations.
ii.
Ensure public participation in the design and implementation of reparations
iii.
Identifying responsible actors in the execution of reparations programmers.
iv.
Involvement of communities, local governments and traditional leaders and
Civil Society Organisations (CSO’s) and the local community in the
reparations programme.
v.
Undertaking outreach activities to enhance information flow on government
reparations programmes.
Framework for Implementation/ Institutional Framework
67. Establish an autonomous Commission to implement the policy, whose functions will
include;
i. Oversee truth telling processes
ii. Implement tradition justice processes
iii. Handle matters of reparations
iv. Establish a transitional justice fund
JLOS - TJ Policy, (draft 3), May 2013
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Monitoring and Evaluation
68. The monitoring and evaluation of this policy is anchored on the principle that justice
services need to be accurately monitored and evaluated to improve the equitable
delivery of justice. It is conscious of the fact that any transitional justice mechanism
‘will not be effective’ without being mindful of the aspirations, needs and participation
of the beneficiaries. Therefore, M & E under this policy will be undertaken against
the backdrop of the tenets of accountability, reconciliation and reintegration. This
policy builds synergies with, and enhances NIMES where necessary, in the
monitoring and evaluation of transitional justice.
69. A framework for monitoring and evaluating transitional justice will be designed and
coordinated by the M&E unit in the directorate of Finance and Administration in the
TJ Commission. The framework will link the anticipated outcomes to the overall goal
and objectives of TJ and align them to the broader policy strategies and priority
actions. The framework will outline a system of information generation,
documentation, coordination and application of TJ at all the levels of planning and
implementation.
70. The framework will set out indicators against which success will be measured. The
indicators will be used to monitor progress towards the strategic objectives and to
ensure implementation remains aligned with these overall goals. The framework will
be the basis for annual reporting to GoU, Development Partners and other
stakeholders, and will inform specific actions, resource allocation and redesign. The
framework will provide for the levels of monitoring and evaluation of TJ at the
national, sectoral and local levels. The Directorate shall produce regular reports as
part of its policy implementation and monitoring role.
71. A Monitoring system will be developed to provide for minimum standards and
responsibility for data collection for all programmes of the Directorates. The data will
be used to measure progress in fulfilling the strategic objectives and goals of TJ.
Indicators for monitoring progress towards the strategic objectives and to ensure
alignment with the overall goals of transitional justice will also be set out as a basis
for annual reporting to government, Development Partners and other stakeholders.
72. An evaluation strategy will be designed for evaluating implementation of the policy
on a periodic basis. The strategy design will be guided by the aspects of relevance,
effectiveness, impact, sustainability, efficiency, and coherence and any other issues
relevant to TJ work. The results of the evaluation are expected to inform operational
JLOS - TJ Policy, (draft 3), May 2013
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and implementation plans to respond to recommendations and address identified
weaknesses.
Time frame issues
73. Timeframe addresses the life span and the scope of implementation of transitional
justice. The autonomous implementing Commission will have an initial 10 year
mandate. It is intended that during this period, formulation of programme activities as
well as actual implementation of the TJ process will be undertaken. Thereafter, the
operations of the commission will be subjected to review. The report and findings of
the review process will instruct the next actions.
74. The implementation of this policy will cover matters dating as far back as 1986 to the
date.
Linkages
75. The implementation of TJ will be undertaken through inter and intra-linkages. This is
aimed at ensuring the successful implementation of the TJ process in Uganda.
Inter-linkages
76. The inter-linkages hinge on the recognition that the implementation of this policy
shall be a shared responsibility by all public and private actors and stakeholders
involved in TJ. It will therefore necessitate their active involvement.
77. At the inter - linkage level, the key actors in the implementation of this policy include;
Parliament of Uganda, Inspectorate of Government, (IG) and Institutions of JLOS,
namely; the Judiciary, Directorate of Public Prosecutions (DPP), Uganda Law
Reform Commission (ULRC), Uganda Human Rights Commission (UHRC), Uganda
Police Force (UPF), Uganda Prisons Service (UPS), Judicial Service Commission
(JSC) and the Directorates of Government Analytical Laboratories (DGAL) and
Disaster Preparedness. It also includes government Ministries, Departments and
Agencies including the Ministries of: Justice and Constitutional Affairs(MoJCA),
Internal Affairs (MoIA), Health (MoH), Education and Sports (MoES), Local
Government (MoLG), Public Service (MoPS),Finance Planning and Economic
Development (MoFPED), Gender, Labour and Social Development ( MoGLSD),
Lands Housing and Urban Development (MoLHUD), Defence (MoD) Foreign Affairs
(MoFA).
78. The Government Agencies include: National Planning Authority (NPA), National
Forestry Authority (NFA), National Environment Management Authority (NEMA) and
the Auditor General’s Office. In addition, other stakeholders and actors such as Civil
JLOS - TJ Policy, (draft 3), May 2013
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Society Organizations, Faith Based Organizations, Traditional and Cultural
Institutions, Media Organizations, Development Partners and Academic and
Research Organizations will also play an important role in the implementation of this
policy. The broad roles and responsibilities for the various stakeholders and actors
enumerated herein are outlined hereunder.
i.
Parliament of Uganda
a) Approve the proposed TJ Policy
b) Enacting the proposed legislation for the management of transitional Justice
processes
c) Monitoring the implementation of transitional Justice through policy
statements and annual budgets.
ii. National Planning Authority
a) Lead national planning for effective incorporation of TJ activities into the
national development plan.
b) Study and publish independent assessment of the TJ process to enhance
public understanding and participation in TJ.
iii. Inspectorate of Government
a) Investigate complaints or handle any matters referred to it in relation to the
operations of the TJ Commission.
b) Promote adherence to the rule of law and principles of natural justice in the
operations of the TJC
iv.
The Judiciary
a) Administer justice in matters of TJ
b) Promote reconciliation between parties in matters of TJ
v.
Directorate of Public Prosecutions
Institute criminal proceedings against any person in any court on matters of TJ
vi.
Uganda Law Reform Commission
Spearhead and propose policy and legal reforms on matters of TJ
vii.
Uganda Human Rights Commission
a) Investigate at its own initiative on a complaint made by any person or group
of persons against the violation of any human right
b) Support capacity building of HR investigations, documentation and reporting
of the TJC
JLOS - TJ Policy, (draft 3), May 2013
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viii.
Judicial Service Commission
Educate and disseminate information on TJ to judicial officers.
ix. Uganda Police Force
Preserve law and order during TJ processes.
x. Uganda Prison Services
Regulate the services of Uganda Prisons Services in relation to the outcomes of
TJ processes.
xi. Directorate of Government Analytical Laboratories
Provide forensic services for TJ processes.
xii. Ministry of Justice and Constitutional Affairs
a)
Provide Policy Direction to the Policy
b)
Oversee the implementation of this policy
c)
Submit draft legislation on TJ to Parliament
d)
Ensure the development and enforcement of regulations, standards and
guidelines for TJ
e)
Establish mechanisms for coordination, monitoring and supervision of
institutions and organizations promoting TJ
f)
Build the capacity of actors in the TJ arena
g)
Mobilize resources for the implementation of TJ
h)
Propose Administration of the commission
xiii. Ministry of Internal Affairs
a) Ensure the observation of peace stability and security.
b) Ensure enforcement of laws and regulation relevant to the implementation of
TJ
xiv.
Ministry of Local Government
a)
Integrate, where necessary, the activities of TJ in the local government
plans, programmes and activities.
b)
Mobilise local governments for capacity building for TJ
xv.
Ministry of Finance, Planning and Economic Development
Provide the necessary funding to support the implementation of the TJ policy
Mobilise and provide the necessary funding to support undertaking of the
programmes, projects and activities arising out of this policy.
Monitor the contribution of TJ to the attainment of accountability,
reconciliation and national development.
Provide policy guidance in the management of the TJ fund
a)
b)
c)
d)
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xvi.
Ministry of Gender, Labour and Social Development
a) Providing technical advice on the designing and monitoring of gender related
issues in TJ
b) Ensuring the mainstreaming of gender concerns in all aspects of TJ
c) Establishing mechanisms for coordination and monitoring of institutions that
promote culture
xvii.
Ministry of Foreign Affairs
a) Ensure compliance with international law and international human rights
obligations, and provision of protocol and consular services in TJ process.
b) Provide public diplomacy to enhance Uganda’s image in matters of TJ
c) Ensure cordial Bilateral relations with neighbouring countries
xviii.
Auditor General
a) Provide independent oversight of TJ programmes through financial and other
management audits in accordance with constitutional provisions and any
other relevant provision
b) Ensure adherence to national and international accounting standards in the
TJ implementation process
xix. Cabinet
a) Putting in place a TJ policy
b) Authorize drafting and approving submission of the required legislation to
Parliament
xx. Ministry of Education and Sports
a) Identify and propose measures to the TJC to mitigate the adverse effects of
the conflict to the education sector
b) Promote the development of education and training programmes on culture
xxi.
a)
b)
c)
Directorate of Disaster Preparedness
Repatriation and resettlement of refuges and IDPs
Improvement of refugees and host communities livelihoods
Granting of Asylum to refugees
v) Ministry of Defense
Secure implementation of TJ activities against external aggression and from any
internal threats
w) Ministry of Health
Provide technical advice on the provision of rehabilitative health and emergency
health services
x) Ministry of Public Service
a) Approve the terms and conditions of service for employees of the commission
JLOS - TJ Policy, (draft 3), May 2013
Page 31
b) Provide technical advice on the management systems, procedures and
structure of the commission.
y) Civil Society organizations
a) Advocate for accountability, redress of human rights violations and peace and
human rights protection
b) Preserve memory of conflict-affected communities through documentation;
c) Advocate for locally-sensitive approaches to TJ;
d) Mobilize communities to engage in processes for redress, reconciliation and
healing
e) Support vulnerable groups and individuals in their pursuit of justice
f) Gather information on TJ and provide feedback to other actors and
stakeholders.
z) Faith Based Organizations
a) Mediate and counsel conflicting parties
b) Sensitise religious leaders on issues of human rights and democracy.
c) Undertake civic education on religious values that foster peace and
reconciliation (e.g. tolerance, respect, equality, peace, and love)
aa) Traditional and Cultural Institutions
a)
Collaborate with actors in the TJ process to uphold cultural values
b)
Provide cultural guidance in the implementation of TJ mechanisms
c)
Sensitisation of communities on TJ matters and processes
bb)
a)
b)
c)
d)
Media Organizations
Collaborate with MoJCA and other appropriate institutions on matters of
TJ
Promote the positive coverage of TJ programmes and processes.
Create awareness of the masses about TJ processes
Expose cases of Human rights violations for redress
cc) Development Partners
a) provide effective and transparent support to partners
b) engage in policy dialogue
c) Monitor and evaluate support to the TJ process
dd)
a)
b)
Academic and Research Organizations
Undertake applied research in line with the priorities of transitional justice
Dissemination of research findings to stakeholders and actors
Intra - linkages
79. The intra - linkages will involve the establishment and maintenance of linkages
within the five thematic areas of TJ. Namely: FJMs, TT, TJMs, Reparations and
Amnesty.
JLOS - TJ Policy, (draft 3), May 2013
Page 32
a) The main avenue for TJ in the intra linkages will be the formal justice system
which includes the ICD and the entire court system.
b) Where a matter merits alternative redress, it will be referred from the FJ to the TT
or the TJMs. Matters that require healing, forgiveness and reconciliation will be
referred to the TT and the TJMs depending on the need.
c) In addition, formerly amnestied persons will be referred to the TT or the TJMs as
a strategy to promote healing and reconciliation in the communities. All the
results of the processes of these thematic areas may amount to reparations, as
illustrated.
JLOS - TJ Policy, (draft 3), May 2013
Page 33
Intra-linkages for the implementation of Transitional Justice
Formal
Justice
Healing, Forgiveness & Reconciliation
Referrals
Referral
s
Traditional
Justice
Truth telling
Formerly
Amnestied persons
Reparations for victims
Referrals
Reparations for victims
of Amnestied persons
Reparations
JLOS - TJ Policy, (draft 3), May 2013
Reintegration
Page 34
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