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

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. 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 It is an innovative approach aimed at increasing communication, coordination and cooperation among several stakeholders

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

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

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

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. 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. Areas include framework for investigations, prosecutions, trial within the formal justice system, reparations and alternative justice approaches.

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. 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. Working group divided into 5 sub- committees: Formal Criminal Jurisdiction; Traditional Justice Mechanisms; Truth Telling & National Reconciliation; Integrated systems, Sustainable funding.

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 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. To develop a shared common approach towards the implementation process.

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

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

Formal Criminal Jurisdiction Mechanism Terms of reference Terms of reference Clarify the jurisdiction of the formal criminal justice mechanisms for war crimes; Clarify the jurisdiction of the formal criminal justice mechanisms for war crimes; Examine whether the existing law is adequate to prosecute 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; 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;

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

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

INFORMAL JUSTICE MECHANISMS Study carried out to establish the identify the areas for intervention by JLOS. Study carried out to establish the identify the areas for intervention by JLOS. Recognised the importance of customary and non-formal initiatives. 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. 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. However, that they should be part of a coherent overall strategy and have relevance and legitimacy for those they intend to serve.

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

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

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

Truth Telling and National Reconciliation Mechanisms Suggest an appropriate institutional framework to handle truth telling or reconciliation including its structure, composition and appointments procedure. 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. 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.

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. 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. 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 Take steps to avoid duplication between the different mechanisms Criteria for identify victims and determining eligibility for reparations Criteria for identify victims and determining eligibility for reparations

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

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

Integrated Systems sub- committee JLOS will seek to address some of these concerns through its land justice component. 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; 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. Expediting the handling of land disputes, through the strengthening of the land division of the Court and re-constitution of the Land Tribunals.

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. 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. The sub-committee is responsible for the development of work plans and budgets.

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

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

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

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 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. 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. Preparing the Legal Notice for the operations of the WCD and the Court and related units in DPP and UPF are now in place.

Way Forward Currently finalising the study tools and preparations for nation-wide consultations on the traditional justice mechanisms and truth telling and national reconciliation. 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. 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 Draft report and policy by the Sector expected to be in place by June 2011.

THANK YOU FOR YOUR ATTENTION.