IMPLEMENTING THE TRANSITIONAL JUSTICE PROGRAMME

1. IMPLEMENTING THE TRANSITIONAL JUSTICE PROGRAMME Presented at the WOMEN’S LAND RIGHTS CONFERENCE 4-6TH OCTOBER, 2010 by RACHEL ODOI-MUSOKE TECHNICAL ADVISOR, JUSTICE LAW AND ORDER SECTOR

2. Introduction Background to the Justice Law and Order Sector (JLOS) • The JLOS is a reform process ongoing across the sector of administration of justice and maintenance of law and order in Uganda. • It is an innovative approach aimed at increasing communication, coordination and cooperation among several stakeholders

3. Sector set up • The sector is comprised of 15 institutions: • Ministry of Justice & Constitutional Affairs (Lead institution) • Ministry of Internal Affairs • The Judiciary • Uganda Police Force • Uganda Prisons Service • Judicial Service Commission • Directorate of Public Prosecutions • Uganda Law Reform Commission • Ministry of Local Government (Local Council Courts) • Ministry of Gender, Labour & Social Development (Probation Services) • Uganda Human Rights Commission • Law Development Centre • Tax Appeals Tribunal • CADER • Uganda Law Society

4. Sector set up • The sector further liaises with key stakeholders – civil society, private sector, Local Governments, other sectors and ministries, semi autonomous bodies and initiatives.

5. JUBA PEACE AGREEMENT AND ANNEXTURE ON ACCOUNTABILITY AND RECONCILIATION • Various agreements have been signed between the Government of Uganda and the LRA: • Cessation of hostilities – 26/08/06 • Comprehensive Solutions – 2/05/07 • Accountability and Reconciliation – 20/06/07 (annex. signed 19/02/08) • Final Ceasefire – 23/02/08 • Disarmament, demobilisation and reconciliation 29/02/08

6. JUBA PEACE AGREEMENT AND ANNEXTURE ON ACCOUNTABILITY AND RECONCILIATION • Government committed to expeditiously prepare and develop the necessary legislation and modalities for implementing the Principal Agreement and annexture. • Areas include framework for investigations, prosecutions, trial within the formal justice system, reparations and alternative justice approaches.

7. JLOS Transitional Justice Working Group • Established to critically think through the practical issues that have to be addressed before transitional justice mechanisms on accountability and reconciliation are made operational. • Working group divided into 5 sub-committees: Formal Criminal Jurisdiction; Traditional Justice Mechanisms; Truth Telling & National Reconciliation; Integrated systems, Sustainable funding.

8. Terms of reference of the Working Group • To study the agreements in detail and to provide expert input on how the commitments can be implemented; • To develop a shared common approach towards the implementation process.

9. Methodology of the Working Group • Holding periodic meetings to discuss key issues; • Work in smaller committees to handle specific issues in depth; • Use experts and research assistants to carry-out in-depth research and prepare working documents; • Carry out study tours to establish best practices;

10. Methodology of the Working Group • Regular consultations with and provide feedback to stakeholders, civil society, traditional leaders and development partners; • Present concrete proposals to the Joint Leadership and Steering Committee of JLOS for consideration and approval before presentation to Cabinet.

11. Formal Criminal Jurisdiction Mechanism • Terms of reference • Clarify the jurisdiction of the formal criminal justice mechanisms for war crimes; • Examine whether the existing law is adequate to prosecute war crimes; • Suggest a legal framework and its applicability for the effective operation of this mechanism particularly legislating against war crimes to the exclusion of other crimes – genocide, crimes against humanity and suggest options for sentencing that promotes rehabilitation and reconciliation;

12. Formal Criminal Jurisdiction Mechanism • Propose suitable institutional arrangements; • Recommend areas for capacity building; • Recommend suitable arrangements for defence counsel; • Propose how legal aid for suspects will be handled; • Propose ways of enhancing victim participation and witness protection.

13. Formal Criminal Jurisdiction Mechanism • Work of the sub-committee is as follows: • Review and discuss existing legislation; • Review the International Criminal Court Bill and make proposals for amendment; • Train members of the sub-committee on international criminal justice; • Conduct fieldwork • Carry out comparative study tours; • Hold regional consensus building workshop to agree on final recommendations.

14. INFORMAL JUSTICE MECHANISMS • Study carried out to establish the identify the areas for intervention by JLOS. • Recognised the importance of customary and non-formal initiatives. • It was recommended that the alternative transitional justice mechanisms are popular and are already being implemented in the post-conflict region. • However, that they should be part of a coherent overall strategy and have relevance and legitimacy for those they intend to serve.

15. Traditional Justice Mechanisms • Terms of Reference: • To clarify the role and scope of traditional justice mechanisms in promoting accountability and reconciliation; • Identify the types of crimes and human rights violations that should be subject to traditional justice mechanisms;

16. Traditional Justice Mechanisms • Examine how Uganda can address the rule of recognition formally, set benchmarks for certification by; • Making a case for or against documentation and institutionalisation of the traditional mechanisms; • Proposing appropriate institutional framework(s) to formalise the traditional mechanisms; • In view of double jeopardy, assess the effect and finality of traditional justice procedures vis-à-vis criminal jurisdiction

17. Truth Telling and National Reconciliation Mechanisms • Terms of Reference: • Assess the relevance of truth telling and national reconciliatory mechanisms for promoting reconciliation and accountability; • Identify role, mandate, scope of a truth telling mechanisms or a national reconciliatory institution and propose how far back the work should begin.

18. Truth Telling and National Reconciliation Mechanisms • Suggest an appropriate institutional framework to handle truth telling or reconciliation including its structure, composition and appointments procedure. • Examine how the proposed institution should link with other transitional justice mechanisms, as well as the Uganda Human Rights Commission and Amnesty Commission without duplication.

19. Integrated Systems sub-committee • Required to consider the reports of all the sub-committees and bring them together into a comprehensive strategy dealing with all the transitional justice processes. • Suggest ways in which the different transitional justice mechanisms can harmoniously be formally and legally recognised. • Take steps to avoid duplication between the different mechanisms • Criteria for identify victims and determining eligibility for reparations

20. Integrated Systems sub-committee • Identify approaches for meaningful and effective participation and protection of victims; • Identifying entry points for mainstreaming cross-cutting issues within the system. • Propose ways to manage stakeholders expectations.

21. Integrated Systems sub-committee • Land Justice is a crucial matter in the handling of transitional justice. • JLOS study noted that: • Land disputes in the post-conflict areas are prevalent – mainly boundary disputes, exacerbated by the massive displacement of people. • Customary tenure which is pre-dominant in the region does not always guarantee security of tenure;

22. Integrated Systems sub-committee • JLOS will seek to address some of these concerns through its land justice component. • Together with MoLHUD, providing a clear framework and strengthening the structures for the operation of customary tenure; • Expediting the handling of land disputes, through the strengthening of the land division of the Court and re-constitution of the Land Tribunals.

23. Sustainable Funding Mechanisms • This sub-committee will be responsible for identifying sources of funding for the transitional justice mechanisms and ensuring sustainability of the activities. • The sub-committee is responsible for the development of work plans and budgets.

24. ACHIEVEMENTS TO DATE • A strong and functional working group headed by the Hon. Principal Judge; • Functional units: • Judiciary – War Crimes Division of the High Court; • DPP – War Crimes Unit • Uganda Police Force – War Crimes Unit • Government Analytical Laboratory – Investigations Unit; • Working with the Uganda Law Society to establish a defence unit.

25. ACHIEVEMENTS TO DATE • Finalised a 5 year costedworkplan for Transitional Justice; • Commitment of Government of Uganda to support the Transitional justice process and additional support from development partners; • Networking with civil society organisations – plans are underway to formalise the working relations with the partners in civil society.

26. ACHIEVEMENTS TO DATE • Consultations have been carried out and input made to the ICC Bill and the proposed draft National Reconciliation bill; • Capacities of the different personnel in TJ processes developed.

27. CURRENT ACTIVITIES • Completed a comparative study of various other transitional justice mechanisms in other jurisdictions, this has informed the planning process and helped to identify needs. • Completed national consultations on the ICC Bill which has since been passed into law. • Preparing the Legal Notice for the operations of the WCD and the Court and related units in DPP and UPF are now in place.

28. Way Forward • Currently finalising the study tools and preparations for nation-wide consultations on the traditional justice mechanisms and truth telling and national reconciliation. • Consultations will also take an in depth look into the question of reparations. • Draft report and policy by the Sector expected to be in place by June 2011.

29. THANK YOU FOR YOUR ATTENTION.