IMPLEMENTING THE IMPLEMENTING THE TRANSITIONAL JUSTICE TRANSITIONAL JUSTICE PROGRAMME PROGRAMME Presented at the Presented at the WOMEN’S LAND RIGHTS WOMEN’S LAND RIGHTS CONFERENCE CONFERENCE 4-6 4-6 TH TH OCTOBER, 2010 OCTOBER, 2010 by by RACHEL ODOI-MUSOKE RACHEL ODOI-MUSOKE TECHNICAL ADVISOR, JUSTICE LAW AND TECHNICAL ADVISOR, JUSTICE LAW AND ORDER SECTOR ORDER SECTOR
Transcript
Slide 1
IMPLEMENTING THE TRANSITIONAL JUSTICE PROGRAMME Presented at
the WOMENS LAND RIGHTS CONFERENCE 4-6 TH OCTOBER, 2010 by RACHEL
ODOI-MUSOKE TECHNICAL ADVISOR, JUSTICE LAW AND ORDER SECTOR
Slide 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. 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
Slide 3
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
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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.
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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
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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.
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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.
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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.
Slide 9
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;
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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.
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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;
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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.
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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.
Slide 14
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.
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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;
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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--vis criminal jurisdiction In view of double jeopardy, assess
the effect and finality of traditional justice procedures vis--vis
criminal jurisdiction
Slide 17
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.
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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.
Slide 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. 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
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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.
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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;
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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.
Slide 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.
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.
Slide 24
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.
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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.
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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.
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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.
Slide 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.
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 2011. Draft report and policy by the Sector
expected to be in place by June 2011.