IMPLEMENTING THE IMPLEMENTING THE TRANSITIONAL JUSTICE TRANSITIONAL JUSTICE

PROGRAMMEPROGRAMMEPresented at the Presented at the

WOMEN’S LAND RIGHTS WOMEN’S LAND RIGHTS CONFERENCECONFERENCE

4-64-6THTH OCTOBER, 2010 OCTOBER, 2010

byby

RACHEL ODOI-MUSOKERACHEL ODOI-MUSOKE

TECHNICAL ADVISOR, JUSTICE LAW AND TECHNICAL ADVISOR, JUSTICE LAW AND ORDER SECTORORDER SECTOR

Introduction Introduction

Background to the Justice Law and Background to the Justice Law and Order Sector (JLOS)Order Sector (JLOS)

The JLOS is a reform process ongoing The JLOS is a reform process ongoing across the sector of administration of across the sector of administration of justice and maintenance of law and order justice and maintenance of law and order in Uganda.in Uganda.

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

Sector set upSector 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 AffairsMinistry of Internal Affairs The JudiciaryThe Judiciary Uganda Police ForceUganda Police Force Uganda Prisons ServiceUganda Prisons Service Judicial Service CommissionJudicial Service Commission Directorate of Public ProsecutionsDirectorate of Public Prosecutions Uganda Law Reform CommissionUganda Law Reform Commission Ministry of Local Government (Local Council Courts)Ministry of Local Government (Local Council Courts) Ministry of Gender, Labour & Social Development (Probation Ministry of Gender, Labour & Social Development (Probation

Services)Services) Uganda Human Rights CommissionUganda Human Rights Commission Law Development CentreLaw Development Centre Tax Appeals Tribunal Tax Appeals Tribunal CADERCADER Uganda Law SocietyUganda Law Society

Sector set upSector set up

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

JUBA PEACE AGREEMENT AND JUBA PEACE AGREEMENT AND ANNEXTURE ON ACCOUNTABILITY ANNEXTURE ON ACCOUNTABILITY

AND RECONCILIATIONAND RECONCILIATION Various agreements have been signed Various agreements have been signed

between the Government of Uganda and the between the Government of Uganda and the LRA:LRA:

Cessation of hostilities – 26/08/06Cessation of hostilities – 26/08/06 Comprehensive Solutions – 2/05/07Comprehensive Solutions – 2/05/07 Accountability and Reconciliation – 20/06/07 (annex. Accountability and Reconciliation – 20/06/07 (annex.

signed 19/02/08)signed 19/02/08) Final Ceasefire – 23/02/08Final Ceasefire – 23/02/08 Disarmament, demobilisation and reconciliation Disarmament, demobilisation and reconciliation

29/02/0829/02/08

JUBA PEACE AGREEMENT AND JUBA PEACE AGREEMENT AND ANNEXTURE ON ACCOUNTABILITY ANNEXTURE ON ACCOUNTABILITY

AND RECONCILIATIONAND RECONCILIATION Government committed to Government committed to

expeditiously prepare and develop the expeditiously prepare and develop the necessary legislation and modalities for necessary legislation and modalities for implementing the Principal Agreement implementing the Principal Agreement and annexture.and annexture.

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

JLOS Transitional Justice Working JLOS Transitional Justice Working GroupGroup

Established to critically think through the Established to critically think through the practical issues that have to be practical issues that have to be addressed before transitional justice addressed before transitional justice mechanisms on accountability and mechanisms on accountability and reconciliation are made operational.reconciliation are made operational.

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

Terms of reference of the Terms of reference of the Working GroupWorking Group

To study the agreements in detail To study the agreements in detail and to provide expert input on how and to provide expert input on how the commitments can be the commitments can be implemented;implemented;

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

Methodology of the Working Methodology of the Working GroupGroup

Holding periodic meetings to discuss Holding periodic meetings to discuss key issues;key issues;

Work in smaller committees to handle Work in smaller committees to handle specific issues in depth;specific issues in depth;

Use experts and research assistants to Use experts and research assistants to carry-out in-depth research and carry-out in-depth research and prepare working documents;prepare working documents;

Carry out study tours to establish best Carry out study tours to establish best practices;practices;

Methodology of the Working Methodology of the Working GroupGroup

Regular consultations with and Regular consultations with and provide feedback to stakeholders, provide feedback to stakeholders, civil society, traditional leaders and civil society, traditional leaders and development partners;development partners;

Present concrete proposals to the Present concrete proposals to the Joint Leadership and Steering Joint Leadership and Steering Committee of JLOS for consideration Committee of JLOS for consideration and approval before presentation to and approval before presentation to Cabinet.Cabinet.

Formal Criminal Jurisdiction Formal Criminal Jurisdiction MechanismMechanism

Terms of referenceTerms of reference Clarify the jurisdiction of the formal criminal Clarify the jurisdiction of the formal criminal

justice mechanisms for war crimes;justice mechanisms for war crimes; Examine whether the existing law is adequate Examine whether the existing law is adequate

to prosecute war crimes;to prosecute war crimes; Suggest a legal framework and its applicability Suggest a legal framework and its applicability

for the effective operation of this mechanism for the effective operation of this mechanism particularly legislating against war crimes to particularly legislating against war crimes to the exclusion of other crimes – genocide, the exclusion of other crimes – genocide, crimes against humanity and suggest options crimes against humanity and suggest options for sentencing that promotes rehabilitation and for sentencing that promotes rehabilitation and reconciliation;reconciliation;

Formal Criminal Jurisdiction Formal Criminal Jurisdiction MechanismMechanism

Propose suitable institutional Propose suitable institutional arrangements;arrangements;

Recommend areas for capacity building;Recommend areas for capacity building; Recommend suitable arrangements for Recommend suitable arrangements for

defence counsel;defence counsel; Propose how legal aid for suspects will be Propose how legal aid for suspects will be

handled;handled; Propose ways of enhancing victim Propose ways of enhancing victim

participation and witness protection. participation and witness protection.

Formal Criminal Jurisdiction Formal Criminal Jurisdiction MechanismMechanism

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 Review the International Criminal Court Bill

and make proposals for amendment;and make proposals for amendment; Train members of the sub-committee on Train members of the sub-committee on

international criminal justice;international criminal justice; Conduct fieldwork Conduct fieldwork Carry out comparative study tours;Carry out comparative study tours; Hold regional consensus building workshop Hold regional consensus building workshop

to agree on final recommendations.to agree on final recommendations.

INFORMAL JUSTICE INFORMAL JUSTICE MECHANISMSMECHANISMS

Study carried out to establish the identify the Study carried out to establish the identify the areas for intervention by JLOS.areas for intervention by JLOS.

Recognised the importance of customary and Recognised the importance of customary and non-formal initiatives.non-formal initiatives.

It was recommended that the alternative It was recommended that the alternative transitional justice mechanisms are popular transitional justice mechanisms are popular and are already being implemented in the and are already being implemented in the post-conflict region.post-conflict region.

However, that they should be part of a However, that they should be part of a coherent overall strategy and have relevance coherent overall strategy and have relevance and legitimacy for those they intend to serve. and legitimacy for those they intend to serve.

Traditional Justice MechanismsTraditional Justice Mechanisms Terms of Reference:Terms of Reference:

To clarify the role and scope of To clarify the role and scope of traditional justice mechanisms in traditional justice mechanisms in promoting accountability and promoting accountability and reconciliation;reconciliation;

Identify the types of crimes and Identify the types of crimes and human rights violations that should human rights violations that should be subject to traditional justice be subject to traditional justice mechanisms;mechanisms;

Traditional Justice MechanismsTraditional Justice Mechanisms

Examine how Uganda can address the rule Examine how Uganda can address the rule of recognition formally, set benchmarks for of recognition formally, set benchmarks for certification by;certification by; Making a case for or against documentation and Making a case for or against documentation and

institutionalisation of the traditional institutionalisation of the traditional mechanisms;mechanisms;

Proposing appropriate institutional framework(s) Proposing appropriate institutional framework(s) to formalise the traditional mechanisms;to formalise the traditional mechanisms;

In view of double jeopardy, assess the effect In view of double jeopardy, assess the effect and finality of traditional justice procedures and finality of traditional justice procedures vis-à-vis criminal jurisdictionvis-à-vis criminal jurisdiction

Truth Telling and National Truth Telling and National Reconciliation MechanismsReconciliation Mechanisms

Terms of Reference:Terms of Reference: Assess the relevance of truth telling and Assess the relevance of truth telling and

national reconciliatory mechanisms for national reconciliatory mechanisms for promoting reconciliation and promoting reconciliation and accountability;accountability;

Identify role, mandate, scope of a truth Identify role, mandate, scope of a truth telling mechanisms or a national telling mechanisms or a national reconciliatory institution and propose reconciliatory institution and propose how far back the work should begin.how far back the work should begin.

Truth Telling and National Truth Telling and National Reconciliation MechanismsReconciliation Mechanisms

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

Examine how the proposed institution Examine how the proposed institution should link with other transitional justice should link with other transitional justice mechanisms, as well as the Uganda mechanisms, as well as the Uganda Human Rights Commission and Amnesty Human Rights Commission and Amnesty Commission without duplication.Commission without duplication.

Integrated Systems sub-Integrated Systems sub-committeecommittee

Required to consider the reports of all the Required to consider the reports of all the sub-committees and bring them together sub-committees and bring them together into a comprehensive strategy dealing into a comprehensive strategy dealing with all the transitional justice processes.with all the transitional justice processes. Suggest ways in which the different transitional Suggest ways in which the different transitional

justice mechanisms can harmoniously be formally and justice mechanisms can harmoniously be formally and legally recognised.legally recognised.

Take steps to avoid duplication between the different Take steps to avoid duplication between the different mechanismsmechanisms

Criteria for identify victims and determining eligibility Criteria for identify victims and determining eligibility for reparationsfor reparations

Integrated Systems sub-Integrated Systems sub-committeecommittee

Identify approaches for meaningful and Identify approaches for meaningful and effective participation and protection of effective participation and protection of victims;victims;

Identifying entry points for Identifying entry points for mainstreaming cross-cutting issues mainstreaming cross-cutting issues within the system.within the system.

Propose ways to manage stakeholders Propose ways to manage stakeholders expectations. expectations.

Integrated Systems sub-Integrated Systems sub-committeecommittee

Land Justice is a crucial matter in the Land Justice is a crucial matter in the handling of transitional justice.handling of transitional justice.

JLOS study noted that:JLOS study noted that: Land disputes in the post-conflict areas Land disputes in the post-conflict areas

are prevalent – mainly boundary disputes, are prevalent – mainly boundary disputes, exacerbated by the massive displacement exacerbated by the massive displacement of people.of people.

Customary tenure which is pre-dominant Customary tenure which is pre-dominant in the region does not always guarantee in the region does not always guarantee security of tenure;security of tenure;

Integrated Systems sub-Integrated Systems sub-committeecommittee

JLOS will seek to address some of these JLOS will seek to address some of these concerns through its land justice concerns through its land justice component.component. Together with MoLHUD, providing a clear Together with MoLHUD, providing a clear

framework and strengthening the structures framework and strengthening the structures for the operation of customary tenure;for the operation of customary tenure;

Expediting the handling of land disputes, Expediting the handling of land disputes, through the strengthening of the land through the strengthening of the land division of the Court and re-constitution of division of the Court and re-constitution of the Land Tribunals. the Land Tribunals.

Sustainable Funding Sustainable Funding MechanismsMechanisms

This sub-committee will be This sub-committee will be responsible for identifying sources of responsible for identifying sources of funding for the transitional justice funding for the transitional justice mechanisms and ensuring mechanisms and ensuring sustainability of the activities.sustainability of the activities.

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

ACHIEVEMENTS TO DATEACHIEVEMENTS TO DATE A strong and functional working group A strong and functional working group

headed by the Hon. Principal Judge;headed by the Hon. Principal Judge; Functional units:Functional units:

Judiciary – War Crimes Division of the High Judiciary – War Crimes Division of the High Court;Court;

DPP – War Crimes UnitDPP – War Crimes Unit Uganda Police Force – War Crimes UnitUganda Police Force – War Crimes Unit Government Analytical Laboratory – Government Analytical Laboratory –

Investigations Unit;Investigations Unit; Working with the Uganda Law Society to Working with the Uganda Law Society to

establish a defence unit.establish a defence unit.

ACHIEVEMENTS TO DATEACHIEVEMENTS TO DATE

Finalised a 5 year costed workplan for Finalised a 5 year costed workplan for Transitional Justice;Transitional Justice;

Commitment of Government of Uganda Commitment of Government of Uganda to support the Transitional justice to support the Transitional justice process and additional support from process and additional support from development partners;development partners;

Networking with civil society Networking with civil society organisations – plans are underway to organisations – plans are underway to formalise the working relations with the formalise the working relations with the partners in civil society.partners in civil society.

ACHIEVEMENTS TO DATEACHIEVEMENTS TO DATE

Consultations have been carried out Consultations have been carried out and input made to the ICC Bill and and input made to the ICC Bill and the proposed draft National the proposed draft National Reconciliation bill;Reconciliation bill;

Capacities of the different personnel Capacities of the different personnel in TJ processes developed.in TJ processes developed.

CURRENT ACTIVITIESCURRENT ACTIVITIES Completed a comparative study of various Completed a comparative study of various

other transitional justice mechanisms in other transitional justice mechanisms in other jurisdictions, this has informed the other jurisdictions, this has informed the planning process and helped to identify planning process and helped to identify needs.needs.

Completed national consultations on the ICC Completed national consultations on the ICC Bill which has since been passed into law.Bill which has since been passed into law.

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

Way ForwardWay Forward

Currently finalising the study tools and Currently finalising the study tools and preparations for nation-wide preparations for nation-wide consultations on the traditional justice consultations on the traditional justice mechanisms and truth telling and mechanisms and truth telling and national reconciliation.national reconciliation.

Consultations will also take an in depth Consultations will also take an in depth look into the question of reparations.look into the question of reparations.

Draft report and policy by the Sector Draft report and policy by the Sector expected to be in place by June 2011.expected to be in place by June 2011.

THANK YOU FOR YOUR ATTENTION.THANK YOU FOR YOUR ATTENTION.