A REPORT OF THE UCICC REGIONAL
SENSTIZATION WORKSHOPS IN EASTERN
UGANDA
JULY 18TH – 26TH, 2007
HELD
AT
HOTELS: LINK WAY INN, MT. ELGON,
KUMI, IN
TORORO, MBALE AND KUMI DISTRICT.
0
List of Contents
List of Acronyms
…………………………………………………………………… 2
Executive summary
………………………………………………………………….3
Objectives, Methodology and Evaluation of training………………………………5
Recommendations …………………………………………………………………..…6
Summary of some of the most significant issues and concerns………………….…6
Questions on the ICC……………………………………………………………7
Highlights of Traditional Justice
………………………………………………….9
Annex 1 content of presentations……………………………………………………...24
Annex 2 List of participants……………………………………………………………35
Programme of the workshop……………………………………………………………41
1
List of Acronyms or Abbreviations
CBOS
Community Based Organizations
CICC
Coalition for the International Criminal Court
CSO
Civil Society Organization
DRC
Democratic Republic of Congo
HURINET
Human Rights Network
ICC
International Criminal Court
IDPS
Internally Displaced Persons
IGO
International Non Governmental Organization
ICJ
International Court of Justice.
ISIS-WICCE
Women’s Cross Cultural Exchange
JCCD
Jurisdiction Cooperation and Complementarity Division
LRA
Lord’s Resistance Army
NGOs
Non Governmental Organizations
OTP
Office of the Prosecutor
PIDS
Public Information Documentation Section
PTC
Pre-Trial Chamber
CICC
Coalition for the International Criminal Court.
UCICC
Uganda Coalition on the International Criminal Court
UHRC
Uganda Human Rights Commission
VPRS
Victims Participation and Reparation Section
VWU
Victims and Witnesses Unit
SCSL
Special Court for Sierra Leone
ICTY
International Criminal Tribunal for the Former Yugoslavia
GoU
Government of Uganda
2
Executive Summary
The UCICC (Ugandan Coalition for the International Criminal Court) was formed in 2004,
at a time when some Ugandans had publicly criticized and threatened to undermine the work
of the court in investigating the situation in northern Uganda. HURINET (U) at that time
organized a workshop to bring together various key players in civil society, government and
the international community to map out as well as endorse a strategy to be used in the
campaign for the International Criminal Court (ICC) in Uganda. It was from this workshop
that the UCICC was formed, with the following objectives:
1. To sensitize and clarify the role of the ICC and
2. To create a platform for debate on the ICC.
The Ugandan Coalition on the ICC is not a mouthpiece of the ICC or the government of
Uganda. It is part a member of of the Global coalition for the International Criminal Court
(CICC) with international Secretariats in New York, and the Hague and as such does not
take a position for or against the ICC. This is because the UCICC’s member organizations
have different views on the ICC. The Ugandan Coalition mainly provides information about
the ICC responds to basic queries and raises awareness.
The Ugandan Coalition is coordinated by a steering committee made of 7 membership-based
organizations and a constitutional body. These include, amongst others, Human Rights
Network-Uganda, Uganda Womens Network, National Union of Disabled Persons of
Uganda, and Legal Aid Project of the Uganda Law Society, ISIS-WICCE-Women’s
International Cross Cultural Exchange, Public Defenders Association of Uganda, and the
Uganda Human Rights Commission.
The steering committee’s roles include: unpacking the ICC Bill 2004 to make it user friendly,
providing information to Ugandans on the role and usefulness of the ICC, lobbying and
advocating in parliament for the proper enactment of the ICC Bill 2004, monitoring the
implementation of the ICC Act, and compiling and disseminate reports on relevant findings
relating to the ICC in Uganda.
3
The workshops were held from July 18th – 26th, 2007 in the eastern region of Uganda.
Participants from the districts of Busia and Butaleja converged in Tororo, those of
Manafawa and Sironko in Mbale while Pallisa and Bukedea participants congregated in
Kumi.
Participants were introduced to:
1. The ICC at a Glance
2. The Role of Victims in the ICC proceedings
3. An Overview of Developments in Country Situations at the ICC
4. The Role of International Criminal Tribunals and Courts in Peace Building
5. The UCICC and CICC
UCICC staff were joined by Joseph Akwenyu Manoba, Interim Co-Coordinator of the
Uganda Victims Rights Working Group (UVRWG), who gave a presentation on victims’
rights and their role in the ICC,
The ICC information kit was distributed to participants at these workshops.
The target audiences were representatives of NGOs and community based organizations
from the eastern region of Uganda. Religious leaders from the Anglican and Moslem faiths
were invited and attended the trainings. A total of over 150 persons participants attended
the workshops
We would also like to acknowledge the instrumental roles that were played by Aboth Peruth
from Tororo Civil Socity Network , Masaba Max from The Aids Support OrganisationMbale branch and Opedun Robert from Kumi Human Rights Initiative for mobilizing the
civil society organizations and community-based organizations in their districts to participate
in these workshops. Special thanks go out to all the facilitators who facilitated the different
sessions that generated several questions and concerns. The UCICC is also greatly indebted
to the participants who attended the regional sensitization workshops and raised their
concerns
This report is prepared by Hannah Gaertner as a contribution to inform further advocacy
interventions in creating of awareness on the International Criminal Court in Uganda and
educate Ugandans about local justice mechanisms.
4
We hope that this report will be useful to you
Happy reading
Stephen Arthur Lamony
Coordinator
The Workshop
The objectives of the sensitization workshops
a) To create awareness about the relevance of the ICC and international justice among
community leaders in eastern districts of Uganda, so that they have a better
understanding of the ICC.
b) To promote participation of CSOs/CBOs in eastern Uganda in issues of justice,
peace and accountability in Uganda and disseminate information on ICC activities,
and to find practical ways of how these CSO’s and CBO’s and the UCICC can work
together in disseminating information about the ICC.
The procedure at the trainings involved
1) Drawing the expectations for the workshop/ training
2) Presentations on the respective topics listed for discussion
3) Questions, concerns, fears and other contributions and answers
4) Review of previous day’s discussion
5) Division of the participants into groups to discuss their tradition justice mechanisms
6) Presentation by one elected member of the group to present findings on traditional
justice mechanisms.
Evaluation of the workshops
An overwhelming majority of the participants stated that the objectives of the workshops
had been met, while the rest believed that the objectives had been “mostly” met. All
participants noted that their understanding of the ICC and its work in Uganda had improved
as a result of the workshops and that they would recommend others to attended such
trainings. In fact, many suggested to hold more workshops in the region and to reach out to
the grassroots as well as local government officials and police officers.
5
Generally, participants evaluated the presentations as very “good.” Some requested more
materials to take home to be able to internalize the information received at the workshop.
Additional materials or brochures could also be used to reach out to the participants’
communities. Others requested handouts of the power point presentations used during the
training. Many participants noted that two days are not sufficient to cover all topics on the
ICC and suggested additional days to be able have more time.
In all, the objectives of the workshop were overwhelmingly achieved and participants
summed up the training as very useful for their daily work.
Recommendations
 It would be useful for more workshops of the kind should be organized for
paralegals, police, the military and civil servants.
 UCICC should send regular information on the ICC to the participants.
 There is need for the UCICC to link up with organisations that train people in crime
identification and management so that the capacity of UCICC member
organisations can be built in this area.
 There is need for the UCICC to work towards empowering their member
oranisations with skills in evidence gathering in situations of armed conflict
To the ICC
It was suggested that it would be useful for the ICC to organise a workshop that brings
together central and local government officials so that they can compare notes on the
ICC and suggest a way forward.
Summary of some of the most significant issues and concern from the presentations

Participants were generally concerned about crimes that have been committed before
July 1, 2002, which do not fall within the ICC’s jurisdiction. They wanted to ensure that
victims of those crimes also have a chance for justice and redress.
6

The crime of corruption was mentioned frequently as a crime that needs to be addressed
in Uganda. Participants were disappointed to learn that this crime does not fall within
the jurisdiction of the court.

Many participants emphasized that it was important for the ICC to be seen to be
investigating all parties involved in the conflict. They were pleased to hear that official
capacities would not shield individuals from prosecution by the ICC.

Participants became aware of the complex situation and dynamic between peace and
justice at the Juba Peace Talks. They acknowledged the need for reconciliation, but also
the need to hold the perpetrators of massive crimes accountable.

Participants also wondered whether the cases being handled at the ICC, could not be
handled by the countries where the allegations of human rights abuses took place.

A participant observed that the Ugandan penal code has been in existence for over two
hundred years and its out of touch with the reality in Uganda, it was suggested that now
is the time to review it.
Questions on the ICC
1. Do the ICC warrants of arrest cancel the warrants of arrest issued by the
government of Uganda for lesser crimes committed by the LRA?
2. Why can’t the criminals be imprisoned in Uganda?
3. How committed is the ICC to bring to justice criminals who commit these
crimes?
4. Was the government of Uganda suing another country when it referred the
situation in northern Uganda to the ICC or it was suing the LRA?
5. If the Ugandan government arrests Kony and decides he should be hanged,
can the ICC intervene?
6. Why is corruption not considered a crime against humanity?
7. Can individual countries handle cases that are currently dealt with by the
ICC?
8. Was Saddam Hussein tried at the ICC?
9. Do incidents of torture in Zimbabwe fall into the category of crimes against
humanity?
10. Is there a level of immunity at the ICC?
7
11. What will happen when the ICTR closes?
12. What is so complicated about definition for the crime of aggression?
13. Can someone be retried at another institution once the ICC proceedings
have concluded?
14. How did the South African Truth and Reconciliation Commission deal with
the perpetrators?
15. In cases where individual states have issued arrest warrants for suspects from
other countries, where do they get the authority?
16. Can a case be tried by both the tribunal and the ICC at the same time?
17. What can the ICC for Kenyan women in Marsabit/Samburu? Who were
raped by British soldiers?
18. How many victims do there need to be for an investigation to commence?
19. When did the investigations on the UPDF begin?
20. Is there networking between the ICC and ICTR?
21. What role did the ICC play in the Iraq case?
22. How can the ICC address domestic violence?
23. What is the location of ICC office in Kampala?
24. Is an accused person at the ICC entitled to bail?
25. What are the achievements of the ICC and the challenges of the in Uganda?
26. Is the ICC obliged to lobby for sanctions?
27. Can states withdraw from the Rome Statute?
28. Where is the Charles Taylor case being held?
29. Can the crime of terrorism be tried at the ICC?
30. Is the ICC an NGO or an intergovernmental organization?
31. Is there a possibility for probation at the ICC?
32. How will the ICC reconcile the differences between traditional justice and
international criminal process?
33. Can the ICC withdraw from a situation?
34. How can the ICC empower civil society to collect evidence?
35. How can the ICC help improve the Ugandan legal and cultural systems?
36. What are the criteria for a state to become a state party to the ICC?
37. Would the HIV/ AIDs case in Libya constitute a crime against humanity?
8
38. What can the ICC do for children and victims of war?
39. Can compensation reach the grassroots?
40. How does the ICC relate to terrorism?
41. What can the ICC do about future dictators?
42. What is the difference between a war and a freedom struggle?
43. How can Uganda domesticate the ICC statute?
44. Will there be a chance for the victims to sue the people who caused them
harm and made them to suffer a lot?
45. Given that former rebels are usually rewarded with cars, houses e.t.c, for
killing victims, will the victims also be given compensation in the form
described above?
9
Highlights of Traditional Justice Mechanisms in Eastern Uganda
As presented by the workshop participants
KAYO CHOKO
Traditional justice mechanism for the Jophadhola
The term “Kayo choko” is a Jophadhola word translated into English means “biting a
borne”. The term is the word for the whole process of the administration of traditional
justice amongst the Jophadhola people and implies taking responsibility for ones wrongs
which constitute crimes.
The Jophadhola, make up what is the modern or present day Tororo District in eastern
Uganda.
The Jophadhola like many other African societies in Uganda, had values, norms, customs
and practices which they held dear to themselves for purpose of peace, unity and justice in
their society.
The Jophadhola defined some actions or omissions to constitute crimes and any person who
committed such actions or omissions committed crime and was liable and subjected to a
justice process which culminated in reconciliation.
The following were defined as crimes within this African society;
1)
2)
3)
4)
5)
6)
7)
8)
9)
murder
rape
adultery
witch craft
theft
incest
pre-marital pregnancy
tribal conflicts
domestic disputes
The Jophadhola social community structure was organized along the family, clan,
community and traditional religious structures.
For these named structures, there were leaders who exercised or wielded power to ensure
the observance of the norms, values customs and cultural practices of the society as well as
over see the punishments for the wrongs committed in society.
Structures:
1)
2)
3)
4)
The Family; the Family elders exercised authority
The clan ; the Clan elders exercised authority
The Community; the community elders exercised authority
The Religious setting; the Mutusa traditional priest’s exercised authority.
10
Punishments and administration of justice:
The Jophadhola operated an “eye for an eye” justice system. They appreciated their society
and found it necessary to criminalize wrongs committed in the society because of the need
to preserve a society which was peaceful and respectful hence the punishments for the
wrongs.
The crimes identified above will be considered in relation to the punishments that such
crimes attracted.
1. Murder:
The taking of a person’s life by causing that persons death was an abominable act.
Where the victim was not a family member, the clan elders would seat and consider the
matter and the clan of the perpetrator would be required through its elders to pay
compensation to the family of the victim.
The compensation was always in-kind and it took the form animals for example it would be
required that one of the animals must be a black sheep.
In the event that the murder was within the family, then dependent on the aggravating or
mitigating factors the punishments administered attracted;
a) excommunication from the family
b) canning
c) cleansing requirements to be contributed (normally animals)
2. Rape:
A woman who was raped suffered humiliation in the society and her chances of getting
married were highly diminished. Therefore the family of such a rape victim in an endeavor to
protect her from humiliation often required the rapist to pay dowry or bride price instantly
and take the woman as his wife.
3. Incest:
Having sexual relations with a family member or even clan member’s attracted serious
reprisals from the elders.
The punishment for such actions was termed as “burning”. The culprits would be taken to a
wilderness where a temporal structure would be erected with no door and the culprits would
be required to enter the structure together while naked.
Inside the structure a puppy would be tied. A fire would be lit on the shelter and as it burnt
down the culprits would be forced out of the shelter because of the heat and possibility of
being burnt and run for dear life.
As the culprits ran out they would be caned and told they were burning the evil behavior out
of them.
11
4. Adultery:
The marriage institution amongst the Jophadhola was highly revered.
A man who was found guilty of committing adultery was required by the elders to atone for
the wrong he had committed and therefore as way of punishment, he was required to pay a
number of cattle to the victim or husband of the woman with whom he had been found to
violate.
In contrast, a woman who was found guilty for committing adultery would be required to
expose her private parts where the millet grains would be sprinkled and a cork would be
brought and left to peck at the woman as it retrieved the millet grains thereby drawing a
lesson for the woman.
5. Witch craft
Witch craft was equally a serious crime and was not tolerated in the Jophadhola society. A
person found guilty of bewitching others would be excommunicated from the clan by the
authority of the elders.
6. Theft
Theft attracted serious punishments which included;
a) canning or flogging the culprit
b) restoring the stolen property
c) Compensating the victim of the theft through additional requirements from the
culprit.
7. Pre-marital pregnancy:
The society required every young girl to remain virgin until given away in marriage however
this never happened always as young girls would get pregnant before they are ready for
marriage.
When it was established that a girl had become pregnant, it was always known in the society
that the pregnancy would be forced out notwithstanding the after effects.
In this case a granary stick is put on the tummy of the pregnancy victim and strong men step
on either side.
8. Tribal conflicts:
Tribal conflicts often attracted revenge attacks or even killings in some cases, capture of
youths and sometimes looting.
The elders once again prevailed in these circumstances.
12
9. Domestic disputes:
Domestic disputes were not foreign to the Jophadhola society and often times there were
family disputes and elders intervened.
When one was found to be at fault in the family dispute, either of the following punishments
was administered;
a) canning or flogging of the individual
b) making local brew for the elders
The purpose and or lessons drawn from the above said actions are;
I)
To check revenge in the society
II)
To check commission of crimes in the society
III)
To deter other would be offenders
IV)
To promote reconciliation in the society
Role of victims in the traditional justice mechanism:
Victims in this society played a very minimal role but in certain instances, their role involved,
-
testifying before the elders committee
providing exhibits as the circumstances would demand
provide mitigating assistance where necessary.
OHUFANGANA/OKHUSASANIA
Traditional justice mechanisms for the Banyole and Samia
The term “Ohufangana” is a Banyole word translated into English means “reconciliation”.
The term “Okhusasania” is a Samia word translated into English means “reconciliation”.
The two terms mentioned above are words for the whole process of the administration of
traditional justice amongst the Banyole and Samia people1 and involves eating together after
a person takes responsibility for the wrongs which constitute crimes.
The Banyole and Samia, make up what is the modern or present day Busia, Bunyole and
parts of Tororo District in eastern Uganda.
1
The Banyole and the Samia, are related peoples and thus as the UCICC collected information of their traditional justice practices, they
were grouped together hence the joint reference.
13
The Banyole and the Samia like many other African societies in Uganda, had values, norms,
customs and practices which they held dear to themselves for purpose of peace, unity, justice
and tranquility in their society.
The Banyole and Samia traditional justice system was based on clans and clan leaders and the
hierarchy of their justice system was organized thus;
a)
b)
c)
d)
the family level
immediate extended family level
the elders
clan commitees
The Banyole and Samia defined some actions or omissions as wrongs in the society and
therefore constituted crimes and any person who committed such wrongs, committed crime
and was liable and subjected to a justice process which culminated in reconciliation.
The following were defined as crimes within these African societies;
10) murder
11) incest
12) theft
13) adultery
14) bad omen
15) separation
16) pre-marital pregnancy
17) rape
18) nonparticipation in community work
19) witch craft
20) suicide
Punishments and administration of justice:
The Banyole and Samia appreciated their society and found it necessary to criminalize
wrongs committed in the society because of the need to preserve a society which was
peaceful and respectful hence the punishments for the wrongs.
The crimes identified above had corresponding punishments which were administered in
accordance with crimes committed.
1. Murder:
The taking of a person’s life by causing that persons death was an abominable act.
Many a time, killing another attracted revenge killings within these societies however where
the elders intervened just in time, fines and or compensation was required from the
perpetrator or his family/clan. The fines were in kind and included among others chicken,
sheep etc.
14
A lamb would be sacrificed because it was believed that it had the effect of chasing away the
ghost of the deceased person.
Other cleansing rituals were performed such as smearing of the blood of the lamb on the
body before burial.
2. Incest:
Having sexual relations with a family member or even clan member attracted serious
reprisals from the elders.
The punishment for such actions included;
I)
Killing of the perpetrators of the crime in some instances.
II)
Casting of the perpetrators out of the clan
III)
Cleansing.
Like their brothers the Jophadhola, the Banyole/Samia would have the culprits taken to a
field while naked and they would be caned and in the process they would be asked “…what is
being caned?...” and the response would be “…the madness that caused the us to commit the wrong..”.
3. Theft
Theft attracted serious punishments which included;
d) canning or flogging the culprit
e) restoring the stolen property
f) nick naming the culprit
Nick names of the thieves were derived from the item a person had stolen or from being
bluntly called a thief wherever the person went. The rationale for this nick naming practices
was to cause embarrassment to the person who would eventually quit his wrongful
behaviour and get transformed into a ‘normal’ person.
4. Adultery:
The marriage institution amongst the Banyole/Samia was highly regarded. Unfortunately
however, the Samia did not recorganise adultery as a crime in their society.
Amongst the Banyole though, a person found guilty of committing adultery was required by
the elders to atone for the wrong he had committed and therefore as way of punishment
such a person was;
a) canned or flogged in public
b) required to pay a fine/s as defined by the elders
5. Bad Omen
(Being barren or impotent)
This is a unique wrong in this society however when it happened and the person was
identified, the following actions were taken;
15
I)
II)
III)
If the person died before giving birth to an offspring, that person’s name would
cease since no person would be named after him/her.
The person would receive an abnormal burial for example cow dung would be
used to block any opening on the persons body.
Amongst the Samia, a barren woman’s dead body while being taken for burial
would never pass through the main door or entrance of the house but rather an
opening in the wall of the house would be made wherein the body would be
passed.
6. Separation
It was considered a wrong in the society whenever a married couple separated and parted
their ways. Whenever it happened the individuals involved were subjected to;
I)
II)
Isolation from the community
Nick names. These were used to depict a person as a failure and their by cause
embarrassment with a possible return to the family/marriage union.
7. Pre-marital pregnancy:
The society required every young girl to remain virgin until given away in marriage however
this never happened always as young girls would get pregnant before they are ready for
marriage.
When it was established that a girl had become pregnant before getting married she was
often subjected to either;
a) death
b) Isolation from the family and community generally to demonstrate that what she had
done was not approved of.
c) Fines to the aunties.
8. Rape:
A woman who was raped suffered humiliation in the society and her chances of getting
married were highly diminished. Therefore the family of such a rape victim in an endeavor to
protect her from humiliation often required the rapist to pay fine.
The perpetrator also was subjected to a number of strokes for the wrong he had committed.
9. Non-participation in community work:
Community work included among others household work, burials, clearing roads/wells etc. a
person who for no justifiable reason excluded himself or herself from these communal
chores was punished having been identified and the punishments included the following;
I)
fines as prescribed by the elders,
II)
canning/ flogging of the individual
16
III)
isolation
10. Witch craft
Witch craft was equally a serious crime and was not tolerated in the Banyole/Samia society.
A person found guilty of bewitching others would be excommunicated from the clan by the
authority of the elders.
However it was argued that there was the positive witch craft which the elders sanctioned in
a few instances like if the intention is to establish a perpetrator of a murder in the society.
11. Suicide:
To commit suicide or take ones life was never condoned amongst the Banyole/Samia
societies.
Where a person took his life, the dead body would be caned/ flogged significantly and in
instances where the person had killed himself/herslf on a tree, the rope would be cut down
and he body would be buried just where it fell.
Where the person had killed himself/herself in the house, the house would be completely
demolished.
The punishments or measures taken by he elders had important lessons and messages but
significantly, purpose and or lessons drawn from the above said actions include;
V)
VI)
VII)
VIII)
To check revenge in the society
To check commission of crimes in the society
To deter other would be offenders
To promote reconciliation in the society
Role of victims in the traditional justice mechanism:
Victims in these societies played a very minimal role, but in certain instances their role
involved:
- Reporting to clan leaders to assist in the resolution of the issues in controversy
- Providing exhibits and source of evidence as the circumstances would demand
- To get the accused punished or reconciled
- Cleansing in case of incest and in a bid to avoid the wrath of the gods(such as
Rachali Were, Hanya Namugabo)
- To prevent continuation of disputes/conflicts
- To identify culprits and have them exposed.
17
LUKHOBO LWESIKUKA/LWSHIKUKA
“Lukhobo Lwesikuka/Lweshikuka” is a “Bamasaba2” word for the traditional justice
mechanism for the Bamasaba society. The term, translated in the English language entails
the whole process of holding persons accountable for their wrongful actions in the society.
It consists of wrongs that were defined as crimes, the punishments administered, and the
rituals practiced etc. The spelling and pronouciation of the term differs in some of the clans
amongst the Bamasaba but essentially it is the same.
The Bamasaba people hail from the eastern parts of Uganda and particularly the modern day
districts of Mbale, Sironko, Manafwa, Bududa, and Budaka. They speak the Lugisu
dialect/language.
They have a rich history and practice of dispensing traditional justice because they had
values, norms, cultures, and customs that they needed members of society to respect and
uphold.
Mob justice was a common feature amongst the Bamasaba and it would be averted at the
intervention of the elders.
Like other African traditional societies, the Bamasaba were organized in family, clan and
community structures which were overseen by the elders.
The elderly women in the society played the role of counseling women.
Jurisdiction of Lukhobo Lwesikuka/Lweshikuka
A number of actions and omissions amounting to wrongs and their fore constituting crimes
were punishable in this African society when one was found guilty of the same. The
jurisdiction of the mechanism covered the following crimes;
I) Running from/Avoiding circumcision
II) Adultery
III) Land encroachment
IV) Murder
VI) Incest
VII) Witchcraft
VIII) Elopement
IX) Failure to pay dowry
The Bamasaba, employed their traditional justice mechanisms because it had great lessons
and other significant measures in maintaining peace, unity and harmony and justice in the
society. These included deterrence, punishments, and cleansing rituals/ceremonies.
The above wrongs, when committed in the society usually demanded justice to be done and
here below is how the Lukhobo Lwesikuka/ Lweshikuka dealt with these crimes individually.
2
“Bamasaba” translated in the English language means “the children of Masaba”.
18
Crime and punishment:
Running away from circumcision:
Circumcision amongst the Bamasaba, was a cultural norm that every male born in this
community grew up knowing that when he becomes of age he must experience the (literally
put) the knife of the traditional surgeon of the fore skin. Circumcision was an initiation into
adulthood and for others it said enduring the pain before the public was symbolic of ones
masculinity.
Therefore, if it was established that a man had avoided being circumcised, the community
arranged during the circumcision period, rounded up all such individuals and forcefully had
them circumcised.
If a person passed away before undergoing circumcision, the person did not escape the
“knife”. Consequently therefore before the burial, the dead body would be circumcised and
this was done by non clan members – adding to the embarassment.
It was also possible that if the elders found it necessary, they advised that the culprit be
canned/flogged before being forcefully circumcised.
Theft:
The society believed in working in order to earn a livelihood and therefore it was expected
that a person would work to acquire what they wanted however like in many communities,
there are those who opt to take from others unlawfully and without consent.
If a person was found to have stolen, occasionally the community would apply mob justice
(although this was not sanctioned by the traditional justice mechanism).
The punishment for theft in this society however included;
- demanding the culprit to restore the stolen property
- corporal punishment which includes canning
- confiscating the culprits own property
- cutting off the limbs of the culprit
- In some cases involving children, burning of the hands.
All these punishments were meant to instill good morals in the individual as well as deterring
other would be thieves.
Adultery:
The Bamasaba society values and norms in respect of the institution of marriage were
profound - like in most African communities. Marriage was a protected institution and
generation after generation discovered that it had to be respected or one paid a price.
To this end therefore if one was found to have committed adultery, the elders would sit and
require the guilty person to be subjected to any of the following punishments;
19
1)
2)
3)
4)
Pay a fine of ten (10) cows
Cane/flog the offender in a public setting while nude.
Cause the adultery to forcefully take the adulteress as his wife
Require the family of the woman to refund the dowry or bride price.
A ritual that involved the two culprits forced to run naked while being caned and washing
oneself at the river was practiced. This had the effect of having one cleansed from the evil
that had been done and being accepted back into the community.
It should be also noted that the culprits received this treatment because the purpose was
among others to cause embarrassment with the aim of deterring the person from engaging in
a similar incident as well as other would be culprits;
Land disputes/encroachment:
Traditionally in this society land was the main resource for food crop cultivation and wealth.
Therefore the society guarded its land jealously to the effect that where therewas
encroachment, the elders would intervene to resolve the disputes over the land by
considering the information available.
The elders’ decisions included;
- Re-demarcation of the land
- Land restoration, as the case would be.
Murder:
Life is precious in the society. It was every person’s duty to ensure that life is preserved.
In cases where one person unlawfully caused the death or killed another, often times as
earlier stated, the community would react with revenge killing and it is only when elders
stamped their authority in the communities that sanity prevailed.
In some clans within the Bamasaba, the elders sanctioned revenge killings where the accused
was known. However where the accused person was unknown, it was argued that there were
those whose duty it was in the society to find such an accused person by employing
mediums such as witch craft (for a good cause) coupled with curses.
In all other cases where the perpetrator was known, elders defined punishment and which
included;
-compensation (in the event that it was a clan’s man responsible) was required of an accused
person or members of his family/clan.
-destruction of the accused property would be done
-revenge killing.
Witch craft:
20
Witch craft in this African society was engaged in two dimensions. The first was for a good
purpose and the second was for an evil purpose.
The first was employed in circumstances like mentioned above where it is necessary to
establish a perpetrator who has not been identified or who has failed/refused to voluntarily
give himself/herself up.
The second one (which is the evil dimension) was not condoned by the society because it
was employed by the perpetrators or its users to cause havoc and pain against others. This
was punishable whenever the individual was identified.
The punishment for witch craft included;
1) Death through stoning normally it would be by a mob.
2) Excommunication from the clan or community
3) Destruction of the individual’s property.
Elopement:
This was punishable in the same way adultery was punished.
Failure to pay dowry:
The society was entrenched in the belief that before one takes a wife, dowry or bride price
had to be paid by the intending groom and failure to pay such dowry the consequences was
dire.
The elders would demand that;
a) The wife (and if there are any children) be take away and returned to her home
b) In some clans the man would be take the wife’s home as slave. The rationale for this
action it was argued was to have him work and pay the dowry that the family of the
wife demanded.
c) In some cases the property of the man would be seized and taken by the wife’s
family
d) In the event that the woman passed away before dowry was paid, the body would be
buried at the parent’s home or bride price would be demanded before burial is done.
Rape:
Rape was not uniformly agreed to as a crime within the society. Two arguments were
advanced for and against and these were;
1) Where the victim’s family (the parents) were not aware of any relationship or any
thing between the man and their daughter, it was possible to consider this act rape
and therefore punishable. The punishment in this case would be sentence to death
21
by stoning or compensation by way of paying cows or the elders would announce an
alternative punishment.
2) Marriages in the past were ‘forced’ unions. If a man successfully forced woman into
sexual intercourse, the woman automatically became his wife. This was regarded as
‘manhood’ or ‘khawunwa’.
Incest:
Where the parents of the victim consented to the relationship/union, then the man
could do as he desired.
Any practice of incest in the society received condemnation and punishment. Punishments
for any person found guilty by the elders included excommunication from the clan, fines and
other punishments defined by the elders.
Animal sacrifices were made to cleanse the individuals.
Failure to participate in communal work:
The society was a dynamic one which recorganised the importance of communal
engagements. These included such things as cleaning the wells of water, clearing roads and
other public places, attending funerals etc.
When a person failed to participate in such communal chores, he was likely to be
excommunicated from the society, have his property confiscated. The rationale for these
actions was to encourage work and working together as well as to promote social
responsibility.
Victims’ role in Lukhobo Lwesikuka/Lweshikuka
The victims’ role in the traditional justice mechanism was minimal and in many respects
(especially violence on the female gender) was inconsequential however where the victims
were active they;
-reported the wrongs/crimes to the respective elders.
-in some cases of domestic violence, a woman would pack her belongings and return to her
father’s home.
AILUC –
The term ‘Ailuc’ is an Iteso word for the traditional justice process that aims at holding
persons responsible and punishing them for their wrongs and or criminal actions in the
society there by deterring future similar actions.
22
Ailuc also includes the process of paying compensation for the crimes one has committed. It
effectively provided for the law against the values, norms, traditions, cultures and customs of
the Teso people.
The Iteso hail from the modern day districts of Soroti, Kumi, Serere, Bukedea, Sironko, and
Katakwi.
In the whole process of Ailuc, is normally followed by the process of ‘Aipuc’. Aipuc
therefore is a peace process in which a perpetrator tells the victim/s of his crimes that sorry
and prays for forgiveness.
The perpetrator must take responsibility for all the crimes where upon the elders will prevail
and ensure that a dispute is resolved peacefully. The perpetrator must initiate the process
where the intention is to have a peaceful resolution to the issues leading to the dispute or
conflict.
It is important to note that when the perpetrator takes responsibility, he should be ready to
accept any punishment that may be prescribed with the ultimate goal to reconciliation.
Jurisdiction of Ailuc:
The jurisdiction of Ailuc was limited to crimes committed by;
1)
2)
3)
4)
a member of one clan against a member of another clan
a tribe against the iteso
an individual
families
The crimes falling under the jurisdiction included among others the following:
- Murder
- Adultery
- Incest
- Burying a dead dog
- Parents curses of their children
- Disrespecting parents by children
- Etc
Procedure of dispensing justice:
Taking incest as a crime that has been committed in the society, it is the obligation of the
person concerned to see to it that;
a)
b)
c)
d)
A report of the commission of the crime is filed with the elders.
The elders carry out investigations
The Elders summon and hold meetings which are chaired by the clan leader/elder
The elders summon the suspects to the meeting.
23
e) Both parties are heard and given opportunity to speak.
f) The elders make a decision and pass a sentence depending on the charge.
g) In this case a person found guilty of incest would be sent to a hut near a swamp
which the relatives have constructed. The convicts are forced to strip naked and
enter the hut which is set on fire once inside. The fire drives the two individuals out
and they are whipped as they run.
Lessons from the practice:
The mechanism had very positive lessons for society. It is vital to note that the elders played
a significant role and this role was appreciated by the society because cultural values and
norms were held in esteem.
Today the cultural and moral values are dying out steadily and this is partly attributable to
inter-marriages which have affected cultural institutions, their values and morals on the one
hand and the advent of modernization on the other hand.
The lessons drawn from the practice of Ailuc which were significant include;
- reformation of the individual
- deterring future similar acts and other would be offenders
- encouraging responsibility and respect in the clan
- upholding culture, cultural values and norms
- maintain human dignity after crime has been deterred
The mechanism however has its negative aspects which include;
- some of the traditional practices were inhuman and degrading
- there trials were not entirely fair because individuals were not adequately allowed to
defend thesemselves
- cases of incest it was argued that some children did not know their relatives and
therefore getting punished for something which was not known was unfair. (there
was strong arguments put forward to the effect that in the Iteso community it was
not an excuse because every family was expected to assist children know their
relatives.
Annex 1 Content of presentations
The International Criminal Court at a Glance
By John Francis Onyango
I. History of the Court
The Road to Rome
24
Precedents
a) The International Military Tribunals of Nuremberg & Tokyo
b) ICTY and ICTR
The Rome Conference (1998)
160 States participated with33 IGOs and 236 NGOs
The Rome Statute of the International Criminal Court was ADOPTED by the Plenary on 17
July 1998, in Rome, Italy
The Rome Statute entered into force on 1 July 2002
Ratifications: 105
Signatories: 139
II. Important Features
1. The Crimes
“The most serious crimes of international concern”
1) Genocide
2) Crimes against humanity
3) War crimes
4) The crime of aggression [Art. 121 & 123]
2. Jurisdiction of the Court
1) Crimes [ Art. 5]
2) Time [Art. 11]
3) Territory [Art. 12(2)(a)] or
4) Nationality
3. Exercise of jurisdiction
a) Referral to the Prosecutor by a State Party
b) Referral to the Prosecutor by the Security Council[Art. 13(b)]
c) Prosecutor acting proprio motu with authorization from the Pre-Trial Chamber [Arts.
13(c) & Art. 15]
25
4. Complementarity
1) The ICC will only investigate or prosecute, if a State is unwilling or unable to do so.
2) The ICC is a court of last resort.
5. Victims
1) Have the right to participate in the proceedings subject to the leave of the Chamber
2) Have the right to reparations including restitution, rehabilitation and compensation
A Trust Fund for Victims and their families has been created
III. Organs of the Court
1) Presidency and Judicial Divisions
The Presidency
ICC President Philippe Kirsch(Canada)
ICC First Vice President Akua Kuenyehia (Ghana)
ICC Second Vice-President René Blattmann (Bolivia)
Three Judicial Divisions Art. 34(b): Pre-Trial Division, Trial Division and Appeals Division
Pre -Trial Division: Judges are assigned to the Pre-Trial Division, which is divided into 3
Pre-Trial Chambers:
Pre-Trial Division functions are carried out by either: 3 Judges of the Pre-Trial Division or
by a single judge of that Division.
PTC 1: Assigned with the situations in the Democratic Republic of Congo and Darfur
PTC 2: Assigned with the situation in Uganda (investigation has been initiated)
PTC 3: Assigned with the situation in the Central African Republic
2) Office of the Prosecutor
Prosecutor Luis Moreno Ocampo (Argentina)
Deputy Prosecutor Serge Brammertz-(Belgium)
26
Deputy Prosecutor Fatou Bensouda-(The Gambia)
Referrals and communications
Referrals:
1) Received from States Parties or the Security Council
2) Concern situations not cases
Substantiated information:
1) Received from any source (from States, IGOs, NGOs, media, corporations or any
individual)
Investigation and prosecution
Investigation starts when the Prosecutor determines that there is a reasonable basis to
proceed with an investigation. Currently there are four investigations ongoing:
Democratic Republic of the Congo (DRC)
Northern Uganda
Darfur, Sudan
Central African Republic
3) Registry
Bruno Cathala from France is the Registrar of the Court. He was elected by the Judges on 24
June 2003.
The Registry is responsible for the non-judicial aspects of the administration and servicing of
the Court (under the authority of the President of the Court [art. 43]):

Administration of the Court and its personnel

Channel of communication of the Court

Provision of information about the Court

Security of the Court

Establishment of two field offices

Court Management

Translation and Interpretation (working languages: English and French)
27

Support of witnesses that appear before the Court

Support of counsel

Responsibility for detention matters
The Victims and Witnesses Unit provides protective measures for and other assistance to
victims and witnesses during investigation and court proceedings. [Article 43 (6)]
28
The Role of Victims in ICC Proceedings
By Joseph Akwenyu Manoba
I. What is the role of victims in the ICC?
•
Victims may want to send information to the Prosecutor about crimes that have
been committed
•
During a trial, victims may testify before the ICC if called as a witnesses for the
Defence or the Prosecution
•
Victims can be participants in ICC proceedings by putting their views and concerns
to the ICC when their interests are affected
•
If an accused person is convicted by the ICC, victims are entitled to ask the Court to
make an order of reparations
Differences between:
Victim as a participant
Victim as a witness
Entirely voluntary and independent Call by a party (normally the
of the prosecution or Defence
Defence or the prosecution)
Communicating to the ICC their
own interests and concerns
Serve the interest of the ICC and
the parties
It is up to the victim to decide what Usually only respond to questions
they want to say
put to them
Participation is possible at all stages Testify at a point called
of proceedings
Entitled to be represented by a legal Unlikely to have a legal
representative and need not appear representative and will testify in
in person
person
II. Who is a victim in the ICC?
•
Individual people who have suffer harm as a result of the commission of one of the
ICC crimes
29
•
Organizations and institutions when property dedicated to religion, education, art,
science or charitable purposes, or historic monuments or hospitals is harmed as a
result of the commission of one of the ICC crimes
Definition in Rule 85 of the Rules of Procedure and Evidence
•
The Judges of the ICC will decide who is a victim under the ICC and when and how
victims will participate in ICC proceedings.
•
When the Judges make this decision they make sure that the participation of victims
do not interfere with the rights of the accused person and a fair and impartial trial
Who is entitled to participate in ICC proceedings?
There are conditions that need to be met:
1. The person has suffer harm
- physical harm to a person’s body
- emotional suffering
- material loss
2. The harm resulted from a commission of one of the ICC crimes
- genocide, crimes against humanity or war crimes
- crime was committed after the 1st of July, 2002
- There must be a clear causal link
III. What are the rights of victims in the ICC?
•
Victims can present their views and concerns to the Court at all stages of
proceedings
•
Victims have the right to have a legal representative
•
Victims have the right to be kept informed about the developments in the
proceedings
•
Victims can apply for reparations for the harm they have suffered
•
Victims have the right to ask the Court to take measures to respect their safety, wellbeing, dignity,and privacy
30
IV. What does a victim need to do to participate?
•
Victims need to understand their rights in the ICC in order to take an informed
decision
•
Victims have to apply in writing. Victims need to complete an Application Form
(Form Participation-1) and send it to:
ICC - Victims Participation and Reparations Section (VPRS)
vprs@icc-cpi.int
VPRS - Field Office in Kampala
Tel. 0772706062
Application Forms and the process of applying to participate in ICC proceedings are free of charge.
How to assist victims in the application process?
•
To inform the Court on the best way to locate and communicate with victims
•
To inform victims about their rights before the ICC
•
To distribute the Application Forms and materials
•
To assist victims in completing the Application Forms
•
To provide victims with legal advice
31
Africa and the International Criminal Court
An Overview of Developments in the Situation Countries
By Hannah Gaertner
What is the Significance of the ICC in Africa?
 All conflict situations currently under investigation by the International Criminal
Court are in Africa
 29 African countries have joined the Court, making it the most represented region
on the Court’s governing body
 One of the goals of the ICC is to deter crimes considered to be the most serious in
the world from being committed in future
 For countries that are unable or unwilling to prosecute individuals accused of
committing these crimes, the ICC provides a means of ensuring justice for victims
Conflict Situations Being Looked at by the ICC
Under Investigation:
 Northern Uganda – referred to ICC by Ugandan government
 Democratic Republic of Congo (DRC) – referred to ICC by DRC government
 Darfur, Sudan – referred to ICC by UN Security Council
 Central African Republic (CAR) – referred to ICC by CAR government
Under Analysis:
 Cote d’Ivoire – referred to ICC by the Ivorian government
Northern Uganda
 December 2003: Ugandan President Yoweri Museveni sent a letter to the ICC that it
investigate crimes committed in the conflict in Northern Uganda
 29 July 2004: ICC Prosecutor opened an investigation into the situation in Northern
Uganda.
 14 October 2005: The Court’s first arrest warrants were publicly announced and
unsealed against five leaders of the Lord’s Resistance Army (LRA), including Joseph
Kony.
32
 Since mid-2006, peace talks between the government of Uganda and the LRA
(mediated by the government of Southern Sudan) have been taking place in Juba,
South Sudan.
Democratic Republic of Congo
 July 2003: ICC Prosecutor Luis Moreno-Ocampo first announced that his office
would “follow closely” the situation in the Ituri region of the Democratic Republic
of Congo (DRC) in July 2003, after receiving communications from individuals and
non-governmental organizations who were monitoring the human rights situation
there.
 19 April 2004: The Prosecutor announced that it received a letter from DRC
President Joseph Kabila requesting that the Prosecutor investigate allegations of
crimes committed in the conflict in DRC since 1 July 2002.
 23 June 2004: The Prosecutor launched a formal investigation into the DRC situation.
 17 January 2006: A landmark decision was made by the ICC to allow victims to
participate in the investigations and trials in the DRC situation.
 17 March 2006: The ICC announced that an arrest warrant had been issued for
Thomas Lubanga Dyilo, the leader of a political and military movement in DRC,
called the Union of Congolese Patriots (UPC). The ICC also announced that Mr.
Lubanga was arrested and transferred to The Hague. This is the first arrest for the ICC.
 29 January 2007: Judges at the ICC decided that the case against Mr. Lubanga should
go to trial, and the Court is currently preparing for the start of that trial.
Darfur, Sudan
 A United Nations International Commission of Inquiry on Darfur collected
thousands of documents from a variety of sources and interviews that documented
the situation in the Darfur region of Sudan.
 31 March 2005: The United Nations Security Council referred the situation in Darfur
to the Prosecutor of the ICC (Resolution 1593).
 6 June 2005: The Prosecutor officially opened an investigation into crimes
committed in Darfur.
 Every six months, since opening the investigations in Darfur, the Prosecutor
addresses the UN Security Council to give an update on his investigations.
33
 27 April 2007: The ICC issued arrest warrants Ahmad Muhammad Harun (a former
Minister of State for the Interior of the Government of Sudan) and Ali Muhammad
Ali Abdal-Rahman (allegedly a militia leader also known as Ali Kushayb).
Cote d’Ivoire
 October 2003: Ivorian President Laurent Gbagbo sent a document to the ICC
acknowledging the Court’s jurisdiction over crimes committed in Cote d’Ivoire since
September 2002.
 February 2005: Court publicly acknowledges the existence of this document from the
Ivorian president.
 The ICC has NOT begun formal investigations into the situation in Cote d’Ivoire.
According to the ICC’s report to the UN General Assembly in August 2006, the
Office of the Prosecutor is still analyzing whether crimes were committed, if the
Court has jurisdiction, and if the interest of justice would be served by opening and
investigation.
Challenges for the ICC in Africa
 How will the ICC ensure that survivors of conflicts in Africa know about the ICC,
can use it, and make it their own?
 Can the ICC be a complement to local debates about justice and locally appropriate
remedies to conflicts in Africa?
 Will African states cooperate with the ICC in carrying out arrest warrants?
 Will African states make sure that the crimes being looked at by the ICC are also
considered crimes nationally?
Role of NGOs and CSOs in Relation to the ICC
Non-Governmental Organizations (NGOs) and Civil Society Organizations (CSOs) are:
 Promoting the principle of accountability on the local, national, and international
levels
 Advocating for the rights of victims, including women and children
 Lobbying governments to ensure that the ICC has the political and financial support
necessary to carry out its work
34
 Raising awareness about the ICC on a community-based, national, and international
level
 Monitoring the work of the Court to ensure that it is functioning effectively and
fairly
35
The Role of International Criminal Tribunals and Courts in Peace Building
By Stephen Arthur Lamony
I. HISTORY OF THE ICC
 1872, Gustav Moynier one of the founders of the ICRC, proposed a permanent
court in response to crimes of the Franco Prussian war.
 Next call for an ICC 1914-1919, during the treaty of Versailles, the framers of the
treaty provided that Kaiser Wilhelm II of Germany be tried by an allied court ‘a
supreme offence against international morality and the sanctity of treaties’.
 After the Second World War, the Allies set up the Nuremberg and Tokyo tribunals
to try Axis war criminals.
The Trials in Nuremberg
On 8 August 1945, three months after the end of World War II, the International Military
Tribunal for the Prosecution and Punishment of the Major War Criminals of the European
Axis was created.
International Military Tribunal for the Far East/The Tokyo Military Tribunal
Started work in 1946, to prosecute and punish Japanese generals/war criminals, who were
responsible for war crimes and crimes against humanity.
International Law
The possible existence of an ICC was first envisaged in article 6 of the Genocide
Convention of 1946 & the International Law Commission established by the General
Assembly of the United Nations, which dealt with a possible creation of an ICC since the
50ies/60ies of the last century.
The International Criminal Tribunal for Yugoslavia (ICTY)
Founded in 1993 in order to deal with the crimes committed on the territory of the Former
Yugoslavia. The work of the Tribunal is not finalized yet. Many trials are actually ongoing.
International Criminal Tribunal for Rwanda (ICTR):
Founded in 1994 to deal with the crimes committed in Rwanda in 1994. The ICTR is based
in Arusha, Tanzania.
II. THE ROME CONFERENCE 1998
Was a diplomatic conference of plenipotentiaries organized by the United Nations with a
view to finalising and adopting a convention on the establishment of an international
criminal court. It was attended by 160 states, 33 IGOs and 236 NGOs.The Rome Statute of
the International Criminal Court was ADOPTED by the Plenary on July 17, 1998, in Rome,
Italy and it ENTERED INTO FORCE on 1 July 2002,
As of July 17, 2007, the Rome Statute has 105 ratifications and 139 signatories.
III. HOW INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS
PERCEIVE THEIR ROLE IN PEACE BUILDING AND SECURITY
36
The role of the International Court of Justice (ICJ) is to settle their international disputes by
peaceful means in such a manner that international peace and security, and justice, are not
endangered.”
The role of the ICC is to end impunity for perpetrators of the most serious crimes and
contribute to the deterrence of such crimes by exercising jurisdiction over those who
commit them.
IV. HOW INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS
PERCEIVE THEIR ROLE IN PEACE BUILDING AND SECURITY
 The role of the ICTR is to re-establish peace and. security after the genocide which
devastated this country in 1994.
 The Role of the ICTY is to prosecute those who commit atrocities
 The Role of the SCSL is to to prosecute persons bearing the greatest responsibility
While the primary justification for establishing these courts is the need for accountability, an
almost equally significant narrative justifies their creation on the basis that by holding
individuals accountable, the courts contribute to establishing real peace.
While the function of international criminal courts will always be to promote justice, the
Rome Statute for the ICC reflects a greater concern that efforts to hold persons accountable
are conducted in a manner that complements rather than undermines efforts to achieve
peace.
continued
While international criminal courts are functionally established to enforce individual criminal
liability, states, practitioners and commentators frequently profess that by holding individuals
accountable, international criminal courts contribute to creating the basis for peace.
continued
This dual purpose of building peace through accountability was given as justification for
the creation of the ad hoc tribunals both of whom were created subsequent to UN Security
Council determinations that the situations in the former Yugoslavia and Rwanda were
threats to international peace and security.
In the text of UNSCR 808 which authorized the creation of the ICTY, the Security council
stated:…that it was convinced that in the particular circumstances of the former Yugoslavia,
the establishment of an international tribunal would bring about the achievement of the aim
of putting an end to such crimes and of taking effective measures to bring to justice the
persons responsible for them, and would contribute to the restoration and maintenance of
peace.[1]
In 1994, this reasoning was echoed by the ICTY itself when it stated that “Far from being a
vehicle for revenge, [the ICTY] is a tool for promoting reconciliation and restoring true
peace.”
Similarly, the Security Council in authorising the creation of the SCLC stated that:
37
“…a credible system of justice and accountability for the very serious crimes committed
there would end impunity and would contribute to the process of national reconciliation and
to the restoration and maintenance of peace.”
The ability of international tribunals/courts to contribute to peace
Among the many reasons given for the ability of international criminal courts to contribute
to building peace is that:




Provide justice for victim communities
Ability of tribunals/courts to contribute to peace
Re-establish the legal order in post-conflict environments, provide a forum for truth
telling that creates an authoritative and shared record of history,
Deter future crimes by strengthening legal enforcement procedures and raise the
normative level of acceptable behaviour. The reasoning continues that the
punishment of criminal actions contributes to establishing ‘real peace’ by aiding the
national transition process and restoring social equilibrium through the ability to
impose the rule of law
However, while international courts may contribute to the above attributes, most of these
benefits presume that there is a sufficient degree of stability and security within the country.
In environments where conflict is ongoing and crimes are still being perpetrated, many of
the goals identified above are difficult to achieve and the ability of international courts to
contribute to peace becomes complicated.
V. WHAT ROLE CAN THE ICC PLAY IN THE CURRENT PEACE TALKS
AND ANY SUBSEQUENT RESULTING EVENTS
- Role of international criminal Courts or tribunals: The main purpose of the Courts is to
end impunity for perpetrators of the most serious crimes and contribute to the deterrence of
such crimes by exercising jurisdiction over those who commit them.
- The Mandate of ICC: is to investigate and try individuals for the most serious crimes
genocide crimes against humanity and war crimes
The Role of UCICC and the District NGO Forums:
How NGOS and the ICC or UCICC Can Work Together
By Stephen Arthur Lamony
What is the UCICC?
The UCICC (Ugandan Coalition for the International Criminal Court) was formed in 2004,
after HURINET–U, initiated a campaign aimed at promoting the ICC in Uganda.
The primary objectives of the UCICC are:
1. To sensitize and clarify the role of the ICC and
2. Create a platform for debate on the ICC.
38
The Uganda Coalition on the ICC is not a mouth piece of the ICC or the government of
Uganda, its is a member of and part of the Global Coalition for the International Criminal
Court (CICC) with secretariats in New York , and The Hague and as such does not take a
position for or against the ICC. The Ugandan Coalition mainly provides information about
the ICC responds to basic queries and raises awareness.
The Ugandan Coalition is coordinated by a committee made of 10 membership based
organizations.
The committee’s roles include; unpacking the ICC Bill 2006 to make it user friendly,
providing information to Ugandans on the role and usefulness of the ICC, lobbying and
advocating in parliament for the proper enactment of the ICC Bill 2006, monitoring the
implementation of the ICC Act, and compiling and disseminate reports on relevant findings
relating to the ICC in Uganda.
The coalition does its work through implementing the following activities:
1) Holding Public debates where intellectuals and NGO practitioners will be invited to
dialogue on topical issues on the ICC, peace and Justice, e.t.c.
2) Holding seminars
3) Radio talk shows where people get to voice their opinions
4) Mobilization and coordination of members
5) Organizing regional sensitization workshops
6) Identifying training needs and building the capacity of NGOs thru;
7) Training: of judicial officer on the ICC, training of security officer on the ICC in
collaboration with other stakeholders, legal practitioners, the media, CSOs, religious
leaders and security forces on the ICC
8) Developing training manuals
9) Establishing an information clearing house (liaison office) for sharing information on
the ICC by the various stakeholders involved in the work of the ICC.
10) Carrying out media and parliamentary advocacy (on implementing legislation and
other issues as they arise)
11) Carrying out print Advocacy (IEC Materials) and
12) Dissemination of the IEC materials
13) Holding a National conference
14) Membership building to bring in as many members as possible for effective
networking.
15) Presenting the Views of the NGOs to the ICC.
NGO Forums or Associations: How NGOs and the UCICC/ICC can work together?
NGOs can play a central role before during and after an investigation.
Their contributions fall in three categories:
1. Telling others about the court
NGOs can play a central role during and after an investigation in informing the media
and the general public about the court, through the radio talks shows, distributing
39
leaflets, putting up posters, holding conferences and information sessions in their
respective areas of operation.
Examples:
a) Informing people about the crimes under the jurisdiction of the ICC for
example: Many persons are displaced because of crimes against humanity and
war crimes perpetrated against them. The acts of displacement can it self be
such a crime within the jurisdiction of the International Criminal Court in
certain circumstances.
b) Telling people about victim’s rights and legal aid from the ICC: for example
in addition to access to the prosecutor; victims have extensive rights to
intervene in the proceedings once prosecutions have commenced. Legal aid
from the ICC will be available to assist in this. In addition victims have the
right to apply for reparations, including restitution, compensation and
rehabilitation both from the personal treasure of convicted dependants and
from the International Criminal Court’s Victims Trust Fund.
c) And finally informing people that; there’s no time limit for bringing
information to the attention of the prosecutor of for investigation of a
case/s.
2. Providing information to the court
NGOs can inform the office of prosecutor about crimes committed; they can forward
information to the prosecutor about the allegations of genocide, crimes against
humanity or war crimes and urge him to initiate an investigation into a specific case.
This information will help the prosecutor to decide whether or not to open an
investigation.
3. Serving as a link between the court and victims and witnesses
NGOs are often close to the victims and witnesses. Helping in identifying victims and
forwarding their names to the ICC and they can play an important role by
accompanying victims and witnesses throughout the process of providing evidence to
the office of the prosecutor. They can inform victims and witnesses about the
procedures at the court and prepare their work with the court for example by
informing them about security risks, helping them to take action collectively, and
putting their information into a form most easily used by the office of the prosecutor
40
Annex 2 List of participants
LIST FOR PARTICIPANTS ATTENDING UCICC WORKSHOP IN TORORO July 19-20,
2007
Name
Se
x
Title /
organization
AMANYA
ISAAC
TAATA
JENEPHER
M
DPC POLICE BUSIA
F
DOVCC CCF
BUSIA
3
ETUDI
MICHAEL
M
TORORO
4
MWIMA
WILBERFORCE
ABOTH
PERUTH
M
CLO
TORORO
POLICE
TOCINET B.
MEMBER
ACCOUNTA
NT TOUNET
AKECH
ROBINA
ABBO EVELYN
F
MIFUMI
TORORO
F
CHDECO
TORORO
OTHIN
STANLEY
OKUMU
VICTOR
M
TOCINET
TORORO
M
BWOA
BUSIA
10.
KAREN
NASUBO
F
ADMIN.
MANAGER
BUWOPA
BUSIA
11.
ALICE PAPA
F
BUSIA
12.
NANGAMBA
ERISA
M
PROJECT
OFFICER
NAKWOLA
PROJECT
OFFICER
BAAYOWA
13
HASANGO M
PETUA
F
Uuuiiiit
tttNNo.
1
2
5
6
7
8.
9.
F
SECRETARY
District
BUTALEJ
A
TORORO
BUSIA
BUTALEJ
A
0
Email
Telephone
contact /
postal
address /
physical
address
Azmanya6@ 0772627140
hotmail.com
janephertaat 0772624681
a@
yahoo.com
0782522202
0772315244
ojuuperuth
@yahoo.co
m
aketch@yah
oo.com
lynnaeve@y
ahoo.com
ginosalex@y
ahoo.com
Busiabwoa@yaho
o.com
buwopa@ya
hoo.com
aliceonndo
@yahoo.co
m
bayowa@ya
hoo.com
bamacodaec
@yahoo.co
0772841855
0782502596
0774134070
0772400257
0782570309
Box 462 Busia
Uganda
Majanji road
dsc0772
635282
0772322854
0712663758
0772880370
14
ETIANG HAMIS
M
15
ERIC SABIITI
ALINDA
WANJALA
YONA
ANGIRO
PATRICK
PADDE
MORDECAI
19
OMOIT
PATRICK
EMOKOL
M
20
T.W.Z
OTHIENOBUR
U
M
21
MANGENI
DAVID
M
22
NAWENGWE
ANNETTE
F
23
REHEME TABO
F
24
NAMUGERE
LYDIA
F
25
LAMONY .A.
MICHAEL
M
26
LUKOOYA
PUFREDIC
SOLOBOYA
DAUD .H
M
LYADA SYODO
STEPHEN
M
16
17
18
27
28
m
ericsabiit@y
ahoo.com
BUSIA
M
COORDINA
TOR
BOD
TORORO
0774927363
M
E. D
TORORO
0772837277
M
MEMBER
TORORO
0712939836
M
PROG.ASSIS
TANT
PACODEV
WORLD
VISION CSA
BUSITEMA
ADP
C / MAN
KIDESA
PROGRESSI
VE
FARMERS
ASS.
SUPERVISO
R WGM
TORORO
0774597262
PROBATION
AND
SOCIAL
WELFARE
BUTALEJA
HIHALO
BUTISA
BUTALEJA
C.L.O
POLICE
STATION
D/ C / O
OFFICER
BUTALEJA
DPC
BUTALEJ
A
M
VICE C /
PERSON
BRAYOF
C / PERSON
MUVAC
BUSIA
omoitpa@ya
hoo.com.uk
TORORO
BUSIA
0712033962
0752153386
0782412314
wgmebuc@
utlonline.co.
ug
bumbaannet
@yahoo.co
m
0712148195
0772556563
Butaleja P.o
box 1
BUTALEJ
A
BUTALEJ
A
0774483176
BUTALEJ
A
0772637132
BUTALEJ
A
BUTALEJ
A
0772583984
BUTALEJ
A
0752212099
1
0772639001
0782469624
29
E.F.M OKELLO.
OWOR
M
GEN SEC.
TOUNET
TORORO
30
MARGRET
MUGOYA
NADUNGA
FAITH
F
NANKABIR
WA
TOCINET
BUTALEJ
A
TORORO
GRACE
HASANYA
AMUKUJJE
OLIVIA
NANYENGWE
NORYNE
AKOL
STEPHEN
F
36
LWANGA
GRACE
F
37
NYAFWONO
MARGRET
F
38
CAROLYNE
OWOR
F
39
MANGENI
PATRICK
M
40
ADONGO
DINAH
TABITHA
FATUMA
MULANGALA
F
GRACE
ANYUPAM
OPIYO JOHN
F
31
32
33
34
35
41
42
43
F
F
F
M
F
M
B / MEMBER BUTALEJ
A
FOC – REV.
BUSIA
MIN.
OCABI
BUSIA
Eokelloow
on@yahoo.c
om
0752649262
Nadunga0772999510
faith@yahoo
.com
Grace h
0774933199
oocabi@yah
oo.com
0772322166 /
0774405803
0772443533
0782059191
0772447085
D / UD /
(POLICE
OFFICER)
MIFUMI
PROJECT
TORORO
WERE
KININD
RUBONGI
GROUP
TOCINET
BOARD
MEMBER
COORDINA
TOR
BUSINET
ADMIN. ASS
URCS
TORORO
C/P
WANAMUL
ODI
NGG U
GUILD
TOGNET.
BUTALEJ
A
P.o Box 2
Busolwe
TORORO
0774005415
TORORO
kisolograce
0752628009
@yahoo.co
m
mifumi@mif
umi.org
0752832732
TORORO
Caroline
yahoo.com
0782255791
BUSIA
businetplun
@yahoo
co.vic
indongotdin
ah@yahoo.c
om
Box 40 Busia
Mayanja rd dsc
0782889882
0753143145
0712358541
BUSIA
TORORO
2
Opjohn u
@yahoo.co
m
0772643090
Attendance List for UCICC Workshop at Mount Elgon Hotel July 23-24, 2007
N
O
44
NAME
ORGANISATION
EMAIL
PHONE
WAMBEDDE JANET
awe uganda@yahoo.com
info@aweuganda.org
04536389
0712884172
45
46
47
WELIKHE PETER
HIGENYI.W.SAMUEL
PEACE PETRAH
MUKWANA (MRS)
tasombl@utlonline .co.ug
peace lukosi@yahoo.co.uk
0774577043
0782527579
0772692519
48
WATAKA JAMES
watajams@yahoo.com
0782641092
49
WAKIMWAI
BENEDICTUS.
ANTHONY
ciiduganda@yahoo.com
078456954
50
KAYOGERA FRED
51
WATAKA WILLIES
52
NABENDE BADIRU
53
54
55
ORIDONGO MAHAYA
OKEICO VALENTINE
BALIKOOWA
RAMADHAN .B
DAVID WATUWA
MUSUNGULE
MARGRET
WALIMBWA SOPHART
SOFA
ASSOCIATION FOR
WORLD EDUCATION
(UGANDA)
TASO MBALE
TASO MBALE
COMPANSION
INTERNATIONAL
BUBULO C.D.C
MBALE DIST.FORUM
OF PIRA NETWORKS
COMMUNITY
INNOVATION IN
DEVELOPMENT
UGANDA
COMMUNITY LIAISON
OFFICER CPS SIRONKO
CHRISGIAN CHILD
AIDS (CCA)
SIRONKO CIVIL
SOCIETY NET WORK
ACIO SIRONKO
UHRA
KEY MUHIRA
ASSOCIATION
FDNC MBALE
COORDINATOR MAYA
56
57
58
WAFULA PETER
UGANDA RED CROSS
SOCIETY MBALE
BRANCH
UGANDA RED CROSS
SOCIETY BUBULO
3
0772997093
water willies@yahoo.com
0752661164
sicinet@yahoo.com
0772957250
oleico@hotmail.com
rana.yahoo.com
0772899080
0772447060
0772946788
C/o Mr Wasike John Box
1322
muniredcross@yahoo.com
redcrossbubulo@yahoo.co
m
0712541363
0774206068
0752532840
0774814346
0772968246
59
60
61
62
63
MAKABULI RICHARD
OLABORO HERBERT
WALIMBWA ROBERT
WETAKA GEOFREY
MUKOSHA DENIS
64
65
MAKWETA YUSUF
FOOLI .A.S.S
66
WEYUSYA JOSEPH
67
WANDEREMA./ MUSA
68
KAMYA EDGAR.W
69
REV.GAMBWA JAMES
70
STEPHER WOYEBA
71
NAMANDA DAVID
72
EVAH RUTH AUMA
73
WANAKOLI MATEKE
STEPHEN
74
NANDAHA ABUD
75
76
KUSOLO FRED
WALIMBWA
KAKAI OLIVE
77
NAKIBUMBA PATRICK
78
NAMISI WAWUYA
.VINCENT
79
WEYAWO JOHN
80
81
WANDA FRED
WALUKU ROMY
82
DAVID MUSOLWA
MANAFWA
TEENAGE LIFE CLUB
POLICE DEPARTMENT
URCS .SIRONKO
FQWC MBALE
T.L.C MANAFWA
UHRA SIRONKO
NABWEYA MUNO
MUKABI DEV ASS
AFRICAN RURAL
DEVELOPMENT
INITIATIVES (ARDI)
COORDINATER UWESO
/ DOVCC / C & P
TENAGE LIFE CLUB /
MANAFWA
BUMALIMBA CEMM
DEV.ASS.
MAKUTU CHILD
DEVELOPMENT
CENTRE
BUCINET
MBALE CONCERN
WOMEN NETWORK
BUSAMBAISA CHURCH
YOUTH ASSOCIATION
(BULYA)
UGANDA RED CROSS
SIRONKO
CHILD DEVELOPMENT
FONDATION
UGANDA RED CROSS
MBALE BRANCH
BUMALIMBA
DEV.ASSOCIATION
AIDS CONCERN
INTEGRATED
ORG.SIRONKO
GRACE FOR NEEDY
CHILD MBALE
B.T.O.C.P
OWORI & CO.ADV /
LEGAL ADVOCATES
HUMAN RIGHTS /
4
teenageclb@yahoo.com
tlccoordinator@yahoo.com
walimbwa@yahoo.co.uk
wetgee@yahoo.co.uk
teenageclb@yahoo.com
mukoshadenis@yahoo.com
Mbale kweta@yahoo.com
0772852589
0782364929
0782659750
0782059898
0782653310
ardiuganda@yahoo.co.uk
0752624533
wandeuganda@yahoo.co.uk
0772393499
Teenageclb.com
0782251026
rev.jgambwa@yahoo.com
0752420164
0782446385
0782926632
0752661103
namandaba@yahoo.com
bucinet@yahoo.com
0712060900
0772627880
0782787368
redcrosssironko@yahoo.co
m
childdeuf@yahoo.com
0782361389
olirkakis@yahoo.com
0752416266
0752940353
0782931352
namisivincent@yahoo.co.uk
0772899080
0772554576
buwalasitoma@yahoo.com
romy@yahoo.com
musowad@yahoo.co.uk
0774948546
0752960282
0774219464
83
MADOI KASSIM
84
85
JANE.A.B.OPOLOT
MURUVA RONALD
86
MUWANDO SUSAN
87
MUGENI JOHN
.MARTIN
OCHEN JAMES
MUYAMA ALEXANDRA
NANDUDU SALAMA
SGT KIMONO .F.M
88
89
90
91
92
93
94
95
96
OKOTEL CAROL (MRS)
EZERA NAMASAKE
.BAZILIO
MUYIYI JAMES I P
KHASALAMWA
GORRETI
SAMBULA MILICAH
OWORI & COMPANY
ADVOCATES
POSITIVE MEN’S
Budadiri H / C 1V
UNION (POMU)
SORONKO
NACWOLA MBALE
jnopolot@yahoo.com
CHILD RESTORATION
OUTERAECH (CRO)
MBALE
MANAFWA DISTRICT
PEOPLE LIVING WITH
HIV / AIDS. C / PERSON
POLICE
POLICE
CCF BUSIU
C.C.F BUSIU
C.F.P.O SIRONKO
POLICE
CRO MBALE
BUGISU CIVIL SOCIETY
NETWORK
OC POLICE /
MANAFWA
MANAFWA DISTRICT
N.G.O FORUM
CDO MANAFWA
DISTRICT HEAD
QUARTERS.
0772981996
0782329613
0752269092
0774-631349
0782-515353
0752301460
Manjery1982@yahoo.com
Nadudu11@yahoo.com
0712656081
0782414777
0772355158
0774242454
crombale@infocom.co.ug
bucinet@yahoo.com
04533382
0772310751
0782965802
redcrossbubalo@yahoo.cm
0752978467
E-millysabula@yahoo.com
0774697344
ATTENDANCE LIST FOR UCICC WORKSHOP AT KUMI HOTEL JULY 25 – 26
2007
N
O
97
98
99
10
0
10
1
10
2
10
NAME
OKOCHE JULIET
ORGANISATION
E MAIL
KOLIR WOMEN
RIGHTS ACTIVITIST
ONANGU
THE FUTURE IN OUR
CHRISTOPHER
HANDS
EKORO EMINPERCY ELDER / RETIREO C / O
MALERA SC
MUKULA G.
COMMUNITYLEADER
WILLIAM
ODIDA JAMES
POLICE OFFICER
PHONE
0782713939
onanguchrischarles@yahoo.
com
0782307486
0752953959
0752380960
0772686469
TINO H. GRACE
KACHABULE WG
0773131366
OKURUT STEPHEN
MAGAPA
0752257072
5
3
10
4
10
5
10
6
10
7
10
8
10
9
11
0
11
1
12
1
12
2
12
3
12
4
12
5
12
6
12
7
12
8
12
9
13
0
13
1
13
2
13
3
13
4
13
5
APOO GRACE
AIPECULIER
REV. CALON
OBILAN
EKITU JUST.
NEGRACE
REV. ABWONGO
ZERUBABERI
PASTOR OTULE
JAMES
AGADI ANNE
OKURUT
MIS MARGARET
OPEDUM
WATSEMBA LYDIA
CHURCH OF UGANDA
ALOIKIN JOHN
RELIGIOUS
OUWALINGA
COOPER
ZEBDAYO JOBIRA
RELIGIOUS
0712369639
GOREDA
0782614098
OPUWA. CHARLES
H. D. I
FIDA (U)
0751728300
PARISH PRIEST
0782595514
PALLISA HUMANRIGHTS
CONCERN
PALLISA COMM. DEVT
TRUST
AGULE OPPHANAGE ASS
0774152757
sokorot@crc-ug.com
0782757454
KAWEA
0774405180
householddevt@yahoo.com
REV
CANON
B. KHRI
OSURET
OLINGA GILBERT
N. R. H. S
FLORENCE
IMAILUT
JOSEPH OPOO
WYAMERA
CAROLINE
MARTIN AIKO
0782386766
0752550548
0774242404
0774248895
J MN
TEACHER
PROBATION
AM
0782136228
OPEDUN ROBERT
TEME /
UGANDA
KHRI
CONSULT
ODONGO JOSEPH
KADOMA CHILD DEVT
0774492815
0752412076
ELUNGA
POLICE
ROBERTSON
NTONO MILDRED KHRI
AMUYA
MUTABINGWA
POLICE
WILLIS
Josephodongo200@yahoo
0772462527
0714100836
mildredntono@yahoo.com
0782472202
0772520890
6
13
6
13
7
13
8
13
9
14
0
14
1
14
2
14
3
14
5
ONGIMA M. S.
POLICE
0772525727
AMUGE BEATRICE
KUMI – G – W – ASS
0782982033
ACHADU STEPHEN
WILSON
CHRISTOPHER
AMORUT
AKIROR GRACE
KAKUNGUR
RIGHTS
CIVIL
ANGOLIKIN SARAH
CALFORIAN WOMEN’S
Kumimother’sunion@yaho
o.com
0752936531
14
6
14
7
SHEIK
OSUJE KADHI KUMI MUSLIMS
MUHAMOOD
MAKERI
PALLISA CIVIL SOCIERTY paconetco@yahoo.com
WILBERFORCE
ORGANISATION
NETWORK
ASEKENYE JOYCE
TESO KARAMOJA WOMEN asekenyejoyce@yahoo.com
INITIATIVE FOR PEACE
MARY
GLADYS INTERNAL CARE AND
IPULET
RELIEF I. C. R UGANDA
ARIONGET
ASIO KUDUP- KUMI
BETTY
0772971147
14
8
14
9
15
0
CHN’S
0774986993
CHILDREN RIGHTS
0753021399
Ass. Kelim.
OMODING NAPTALI ASSOCIATION OF PHA
ADONG JANE
ASSOCIATION OF KHR
JANE AKABWAI
KUMI DIO MOTHESS UNA
7
0774151494
0782241359
0774696100
0772871454
0772452606