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NATIONAL RECONCILIATION NATIONAL RECONCILIATION & & TRANSITIONAL JUSTICE AUDIT TRANSITIONAL JUSTICE AUDIT BEYOND JUBA PROJECT www.beyondjubaproject.o rg 2011 -2012 BRIEF 11 of 18: KASESE DISTRICT

NATIONAL RECONCILIATION & TRANSITIONAL JUSTICE AUDIT BEYOND JUBA PROJECT 2011 -2012 BRIEF 11 of 18: KASESE DISTRICT

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Page 1: NATIONAL RECONCILIATION & TRANSITIONAL JUSTICE AUDIT BEYOND JUBA PROJECT  2011 -2012 BRIEF 11 of 18: KASESE DISTRICT

NATIONAL RECONCILIATION NATIONAL RECONCILIATION &&

TRANSITIONAL JUSTICE AUDITTRANSITIONAL JUSTICE AUDIT

BEYOND JUBA PROJECTwww.beyondjubaproject.or

g2011 -2012

BRIEF 11 of 18: KASESE DISTRICT

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NR&TJ Audit2011 -2012

Main objectives of the NR&TJ Audit

To document community perspectives on post-independence armed conflicts across UgandaTo identify and assess the outstanding reconciliation and transitional justice needs related to each of these conflicts

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Three field teams comprising four researchers and one videographer visit eighteen selected districts equally distributed over the Northern, Southern, Eastern and Central regions in Uganda.

Methodology

In each district, concerned Civil Society Organisations are contacted. The teams conduct Focus Group Discussions (FGDs) with four different groups namely adult women, adult men, youth and representatives of civil society and local government.

There are fifteen participants in each FGD and the discussions take the whole day. FGDs are split into two parts, and follow a simple structure: The morning is spent ‘Looking Back’, at conflicts, their causes, their impacts, and the stakeholders involved, while the afternoon is for “Looking Forward” at the possible justice mechanisms that could be used to address the legacies of conflicts identified – as well as sending messages to key persons and institutions.

In the course of each FGD, key informants are identified for further consultation. Findings are recorded on flip charts, through near-verbatim note taking, and on audio- and video recorders.

Preliminary Findings are presented initially in these Briefs. The final output will be a Compendium of Conflicts in Uganda, supported by video documentation.

NR&TJ Audit2011 -2012

BRIEF 11 of 18: Kasese District

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PART 1: LOOKING BACKA. Is there peace in Uganda? Conflict Timeline (national/regional/district/village)

B. What were the Causes behind the conflicts you have identified?

C. What were the Impacts?

D. Who were the Stakeholders? - Victims- Perpetrators- Beneficiaries- Bystanders- Spoilers- Peacebuilders

NR&TJ Audit2011 -2012

Focus Group Discussion GuideBRIEF 11 of 18: Kasese District

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WELCOME BACK - Reminder of purpose of second half: from looking back to looking forward

PART 2: LOOKING FORWARD

A. How does it feel to be talking about the history of this country?

B. 1. What does JUSTICE mean to you? 2. Has JUSTICE been done to the stakeholders? How do you think justice can be done? What would you like to see in the following processes? C. What messages do you

have for key persons and/or institutions?

TRADITIONAL JUSTICE

CHANGES IN LAW / INSTITUTIONS

AMNESTY

PSYCHOSOCIAL SUPPORT MEMORIALIZATION

REPARATIONS

TRUTH-TELLING PROSECUTIONS

RECONCILIATION

Focus Group Discussion GuideNR&TJ Audit2011 -2012

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Map of Uganda showing

Districts

NR&TJ Audit2011 -2012

DISTRICT INFORMATION Kasese District derives its name from “kasesa”, a legendary name for a resting place of birds and mountain climbers. It was created in 1974 by decree of President Idi Amin Dada under the name Ruwenzori District. In 1980 it was renamed Kasese District by the district administration. The district was formerly part of the Tooro Kingdom and comprises of the counties of Bukonzo and Busongora. Kasese is bordered by the following districts: Bundibugyo and Kabarole to the north, Kamwenge to the east, Rubirizi to the south, and Democratic Republic Congo (DRC) to the west. According to the Uganda Bureau of Statistics, the District’s area is 3,390 sq km with savannah vegetation and swamps. The population of the district is approximately 721,400. The main ethnic groups are the Bakonzo followed by the Batooro. The main economic activity is crop farming, with an adult literacy level of 63.4 percent and life expectancy of 49.44 years

Accessed at http://1.bp.blogspot.com/_bsw9fKc0A6w/TNwg89BAzSI/AAAAAAAAAFI/1z4b-pgdYF4/s1600/map.JPG

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IntroductionIntroduction

This Field Brief is based on the preliminary findings of research conducted between 6th and 11th November 2011, in Kasese District, in Mpondwe Township (near the border of DRC) and Kasese Town. The preliminary findings below reflect opinions expressed in all the FGDs and key informant interviews. The field brief reflects conflict perceptions and opinions as narrated by the FGD participants which are not necessarily those of the Refugee Law Project (RLP) or its funders.  This Field Brief was written by Lyandro Komakech with valuable input from Annelieke van de Wiel and Kari Griffiths, all of the RLP.

This Field Brief is based on the preliminary findings of research conducted between 6th and 11th November 2011, in Kasese District, in Mpondwe Township (near the border of DRC) and Kasese Town. The preliminary findings below reflect opinions expressed in all the FGDs and key informant interviews. The field brief reflects conflict perceptions and opinions as narrated by the FGD participants which are not necessarily those of the Refugee Law Project (RLP) or its funders.  This Field Brief was written by Lyandro Komakech with valuable input from Annelieke van de Wiel and Kari Griffiths, all of the RLP.

NR&TJ Audit2011 -2012

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LOOKING BACKLOOKING BACK

Past

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There is no peace because the Allied Democratic Forces (ADF) have committed many atrocities. There are rumours from reliable sources that the ADF have regrouped with a force of over 3000 people spread over forty training camps in the Democratic Republic Congo (DRC). Multi-party politics has polarised the community. Most of the community’s activities are aligned in support of either President Yoweri Kaguta Museveni or Kizza Besigye (of the opposition). The police have been accused of widespread human rights abuses whilst handling the demonstrators in the ‘Walk to Work’ protestsThe current economic climate, food insecurity and the diminishing capacity of the Rwenzori people to produce cash crops like cotton and coffee is a threat to peaceCorruption in the Rwenzori region and in the country as a whole is considered a security threat as powerful individuals have undermined institutions and made them weak

Is there peace in Uganda?Is there peace in Uganda?

Please remember that this brief reflects community perspectives on national issues.

NR&TJ Audit2011 -2012

BRIEF 11 of 18: Kasese District

When participants were asked whether there is peace in Uganda, the following responses were given:

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Religious conflicts (1920s – to date): The introduction of western religious beliefs interfered with the indigenous African beliefs, promoted by the traditionalists (Bafuruki). Before the introduction of western religions, there was peace and harmony in the community. When the western beliefs arrived, the community became divided into those who believed in the traditional religion (Kamfiri) and those who followed the western religions. Some churches, such as the Pentecostal churches, continue to divide the community by preaching that salvation can only be achieved by being “born again”.

20121920

Conflicts Timeline: National Level

NR&TJ Audit2011 -2012

1979

Please remember that this brief reflects community perspectives on national issues.

Uganda National Liberation Front (UNLF) overthrow of Idi Amin (1979):The UNLF was a unity government formed in exile and was an amalgamation of all the groups who were fighting against Idi Amin Dada’s Government. They overthrew Idi Amin in 1979.

2011

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20121919 1940 19801969 1987 19961921 2007

Ethnic conflicts over the Rwenzururu monarchy (Time immemorial –to date): The conflict involves the Baamba and Bakonzo tribes on one side and the Banyabwindi, Batoro and Basongora tribes on the other side. Even though initially the ethnic communities of the Banyabwindi, Batuku and Basongora were in favour of a Kingdom for the Rwenzururu Mountain people, they have recently come to object to recognise the “Obusinga Wa Rwenzururu”, saying it belongs to the Bakonzo-Baamba alone.

NR&TJ Audit2011 -2012

Conflicts Timeline: Regional Level

Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District

British and Tooro Kingdom against the Bakonzo and Baamba (1919-21): This conflict surfaced during a boycott of the Tooro Parliament by three Bakonzo representatives (Tibamwenda, Nyamutswa and Kapoe). They stated that the Tooro Kingdom subjugated the Bakonzo and Baamba. These representatives were later buried in one grave at Kagando by British soldiers, under the directive of the Tooro Kingdom, to deter others from challenging the authority of the British or the Tooro Kingdom. The way the representatives were killed raised public outcry in the entire Rwenzori area. The Bakonzo community at that time referred to the incident as “the greatest injustice of their time” and vowed to fight the British and their Tooro collaborators until they were free.

Rwenzururu Movement struggle for independence of the Bakonzo, Baamba and other communities from Tooro Kingdom (pre-Independence -2007): The Rwenzururu Movement was comprised of Bakonzo, Baamba, Basongora, Batwa, Batuku and other communities who supported self-autonomy of the Rwenzururu Kingdom, or the Obusinga wa Rwenzururu. All these different ethnic communities had the common aspiration not to be merged into the Tooro Kingdom. Tooro Kingdom treated them as second class citizens. The Movement engaged in civic disobedience, including not marrying the Batooro and pulling out of the Tooro Parliament around 1920. Though initially a peaceful movement, the Movement became more militant in the 1960s until the emergence of the National Army for the Liberation of Uganda (NALU) and later the ADF.

Sleeping sickness (embongera) and other sicknesses (1940-1969): An outbreak of embongera was followed by outbreaks of dysentery (akasinine), measles (obuseru) and chicken pox (ebitole) in the 1940-60’s. The participants insisted that all these diseases were caused by the Tooro Kingdom since they were interested in wiping out the Bakonzo population. According to them, this explains why the Kingdom never intervened to prevent the spread of the diseases.

The National Army for the Liberation of Uganda (NALU) insurgency (1980-87):NALU emerged out of the Rwenzururu Movement that had been advocating for the restoration of the Rwenzururu Kingdom. This Kingdom is primarily for the Bakonzo and Baamba tribes and was not recognised or accepted by either the Tooro Kingdom or the British Colonial Government. The Kingdom dates back to the second half of the 19th century. From the 1900s onwards, the struggle for its recognition heightened in Rwenzori (covering Kasese, Bundibugyo and Ntoroko Districts). The struggle for the Kingdom was mainly fought by the Bakonzo and Baamba ethnic groups. NALU, composed mainly of Bakonzo and Baamba, fought for the restoration of the Obusinga in the eighties. The Bakonzo, Baamba and other ethnic communities were deliberately denied an identity of their own, until the 1995 Constitution that recognized them as different ethnic groups. It was not until 2007 that the Obusinga wa Rwenzururu king was crowned and recognized by Government of Uganda.

The ADF insurgency (1996 - to date): The ADF became active in Kasese District in 1996. They were unhappy with the peaceful methods the Bakonzo and Baamba had used in their demands for the restoration of the Obusinga. The ADF high-jacked the agenda of the Bakonzo and Baamba to pretend they had a cause to fight, even though the ADF leadership is not exclusively from the Rwenzori region. They mobilized around the frustrations of the community in the region they started operating from. They want to overthrow the Government of Uganda by force. The Rwenzori region was a fertile recruitment ground as there were unresolved issues between the Bakonzo versus the Batooro and the Government of Uganda, causing unrest in the area. The conflict involving the ADF remains unresolved as there have never been peace talks. Participants warned that the ADF is currently intensely mobilizing. In key informant interviews, locals and officials at the border post in Mpondwe stated that ADF cells were active in DRC where at present they have a force of between three to five thousand who are undergoing training with the intention of attacking Uganda.

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NR&TJ Audit2011 -2012

20121980’s

Conflicts Timeline: District & Village Level

Please remember that this brief reflects community perspectives on national issues.

Land conflicts (1980s - to date): Land conflicts are particularly prevalent in Ibuga, Nyakatonzi, Kiburara, Kihasa and Rwahingo as well as Bigando in Hima Town Council and in the corridors of Mt Rwenzori and Queen Elizabeth National Park. The participants also stated they face problems with foreigners grabbing their land. Other issues raised by participants included the eviction of the Bakiga/Bafumbira tribes from the Mpocha Game Reserve and its effects on ethnic relationships in the region. There have also been conflicts between the Uganda Wildlife Authority (UWA) and communities bordering the national park. Finally there is conflict between the Basongora people from DRC who are cattle keepers and the landowners of the Rwenzori region. This conflict was never violent and is of low intensity.

Gender Based Violence and Sex Work (1980s-to date): Issues such as defilement are on the rise. In addition, men are chased away from their marital homes as they can no longer provide for the economic wellbeing of their families, as they were traditionally required to do. Polygamy is also on the rise. One participant lamented, “A young boy below eighteen who owned only one chicken married four girls!”. Prostitution in Kasese is becoming more prevalent and it has been directly linked to the spread of HIV/AIDS in the region. Concerned participants also said that old men were being disowned and ejected from their families. They resort to seeking shelter in towns and have been using sex workers as a coping mechanism. A female participant further commented that “Kasese, in terms of prostitution, stands to be the highest as compared to other areas due to the conflict from various parts of the country, and the region receives a hundred groups of sex workers. Many families have separated because young men are now going for girls of 15 years”.

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NR&TJ Audit2011 -2012

Suppression of the Bakonzo/Baamba by the Batooro

The massacres of innocent students of Kichwamba

Property and lives were lost

Various employment opportunities

Displacement of the population

The rise of domestic and gender-based violence

Resource based conflicts

Religion

Election malpractice and pressure by opposition groups

The geography of the Mt. Rwenzori Ranges

Children were abducted

Causes & Impacts

Ethnic segregation

Please remember that this brief reflects community perspectives on national issues.

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Causes of conflictsCauses of conflictsNR&TJ Audit2011 -2012Suppression of the Bakonzo/Baamba by the Batooro. Prior to the formal recognition

of the Bakonzo and Baamba by the 1995 Constitution as one of Uganda’s official indigenous communities, the Batooro used to call them derogatory names such as Ebibandu (monkeys). Prior to the promulgation of the 1995 Constitution, the Bakonzo and Baamba used to be considered part of the Tooro Kingdom. One participant commented that “whenever other people would come, the Batooro would say those Bakonzo from the Mountains are the Baboons”. This created a lot of tension as they felt marginalised and undermined in their own community. The rise of domestic and gender-based violence can be attributed to the high rates of adultery, prostitution and alcoholism in the communities of the Rwenzori regionThe absence of effective and formal employment for vulnerable youth in the region has contributed to insecurity. The redundant youth are recruited by insurgent groups in the Rwenzori region. This continues to date.Favouritism with regards to the Batooro by the British colonial authorities and the subsequent marginalization of the Bakonzo and Baamba. During the colonial times, the British favoured the Batooro over the Bakonzo and Baamba. Later, during Independence, the Bakonzo and Baamba continued to be undermined and were underrepresented in Parliament. From 1980 to 1985, the region was represented by only one man, Hon. Cryspus Kiyonga. The Government of Uganda later created a Commission of Inquiry which subsequently became known as the Kajura Commission. The Commission was created in response to petitions by the Bakonzo and Baamba for legal recognition of their own Kingdom. The Commission investigated the origin of these demands, whether they came from majority or minority views, and how people would want the Kingdom to operate. The Kajura Commission recommended the restoration and recognition of the Rwenzururu Kingdom under the leadership of Charles Mumbere Irema-Ngoma as King. The failure to effectively implement the Moshi Accord of 1979. Shortly after the UNLF had come to power in 1979, its Government collapsed in 1980 due to internal mistrust. It was later replaced by a Military Commission that never organised a free and fair election, as was stipulated in the Moshi Accord. This created more grounds for conflict in the country.

Please remember that this brief reflects community perspectives on national issues.

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Causes of conflicts (cont.)Causes of conflicts (cont.)NR&TJ Audit2011 -2012

Ethnic segregation: Participants noted that the National Resistance Movement (NRM) Government practices segregation along ethnic lines. Formal recruitment frameworks for government positions are being bypassed in favour of irregular appointments.Systemic failure by current and previous governments in managing conflicts. For example, President Museveni and Tito Okello failed to implement the Nairobi Peace Talks of 1985, and the Juba Peace Talks between the LRA and the Government of Uganda stalled in 2008.Religion has been at the centre of conflict in the region. There is a tension between those who believe in traditional religion and those who believe in western religions.Election malpractice and pressure by opposition groups. Election malpractice inspires politically motivated conflict. In addition, people are being pressured by opposition groups to join demonstrations, protesting the recent increase in the price of commodities. These conflicts affect most communities with conflicts being present between the Uganda Police, Forum for Democratic Change, Uganda People’s Congress and the Democratic Party across the country. The brutal methods the police use in quashing demonstrations have deepened the instability in the country.Resource based conflicts. Examples of resource based conflicts include the conflict between the UWA and families bordering the National Park, the eviction of over 600 people by the Civil Aviation Authority in Kasese to widen the airstrip, as well as the eviction of the Bakiga/Bafumbira from Mpocha Game Reserve. The communities affected were not compensated, causing conflicts in the region.The geography of the Mt. Rwenzori Ranges provides good training grounds and hiding places for insurgents in the region, such as those belonging to the NALU and ADFPlease remember that this brief reflects community perspectives on national issues.

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Impacts of conflictsImpacts of conflictsNR&TJ Audit2011 -2012

The Rwenzururu struggle for its cause resulted in the creation of Kasese District by Idi Amin in 1974 and the subsequent recognition of the Baamba, Bakonzo and Basongora in the 1995 Constitution. Later, the Obusinga was also recognised and restored in 2007 by the Government of Uganda. Even though it is mainly the Bakonzo and Baamba who pay strong allegiance to the Obusinga, other minorities also have solidarity with the Kingdom, as they self-identify as “people of Rwenzori Mountain Ranges”, just like the Bakonzo and Baamba.Various employment opportunities arose when Kasese and later Bundibugyo were registered as districts and the Kingdom of Rwenzururu was restored. These acts gave the community access to various district jobs. This was especially the case for the Bakonzo. It helped to improve their standard of living as well as rectifying the regional imbalance in western Uganda.Property and lives were lost in these conflicts as a result of raids by the ADF and NALU rebels when they encountered Government soldiers. The Basongora (cattle keepers) also lost grazing land as land became battle grounds. Children were abducted. Many children were abducted and became victims of the various wars in the Rwenzori region. One member in the female FGD commented, “….during Obote II people suffered in the hands of armed men through rape, burning houses, stealing of properties, girls abducted and others died there and those who failed to come back home became thieves and again started terrorising the local communities.” Increased level of poverty due to high rates of unemployment especially amongst the youth

Please remember that this brief reflects community perspectives on national issues.

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Impacts of conflictsImpacts of conflictsNR&TJ Audit2011 -2012

Orphans have been left behind as a result of the ADF and NALU insurgencies in the region. The height of this problem was in 1986 and 1997. The massacres of innocent students of Kichwamba and St Johns Minor Seminary. This was one of the greatest atrocities committed in the region by the ADF. Its effects are still being felt. Many women who were formerly abducted by the insurgents ended up being divorced by their husbands after the war. Many of the men complained that a great number of the previously married women ended up having unsafe sex while in the bush. This has led to cultural degeneration amongst the Bakonzo/Baamba as well as to high rates of single parents, widows, widowers and HIV/AIDS. Displacement of the population. People had to leave their homes as a result of conflicts in the region, in particular that of the ADF. People were also displaced by the Government policy of gazetting areas as national parks and moving people to improve the airstrip.Bad relationships between the Batooro and Bakonzo. This long standing conflict has also affected marriage relationships since the Bakonzo are viewed as ‘baboons’ or ‘monkeys’ by the Batooro who regard themselves as a superior ethnic community.

Please remember that this brief reflects community perspectives on national issues.

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STAKEHOLDERSSTAKEHOLDERS

Victims

Conflicts

BeneficiariesBy-standers

Peace Builders

Spoilers

NR&TJ Audit2011 -2012

Please remember that this brief reflects community perspectives on national issues.

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NR&TJ Audit2011 -2012

Farmers who could not cultivate and produce for the market. Women who were abducted and suffered gender based violenceNon-Bakonzo and Baamba who were targets of revenge killings by the local community, for example the then Principal of the Mubuku Institute Children who were abducted by insurgentsKicwamba and St John’s students who were massacred by the ADF rebelsMedical personnel who were targeted for medical supplies by rebelsMen who lost their lives on either side of the conflict while fighting, as well as those who were expelled from their marital homes by their wivesLocal communities that lost social amenities and infrastructuresThe elderly who had no family supportStudents who lost time at school and dropped outPrisons as most prisoners were freed by insurgents

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Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District

The following were some of the victims mentioned:

VictimsVictims

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PerpetratorPerpetratorss

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Colonel Kyakabale of the UPDF was a hardline commander during the first phase of the ADF insurgency in the second half of the nineties and the first years of the 21st centuryPoliticians and their supporters who continued to fuel conflictsADF and NALU insurgents as agents of conflictThe Batooro and Bakonzo communities fought each other in the conflictMuwongo (now a Captain in the UPDF) who committed atrocities on unarmed civilians during the first phase of the ADF insurgencyProfessor Rugumayo during the Rwenzururu Movement struggle, who advocated for a military approach as opposed to civil disobedience Men and women who were agents of conflicts at the family level in regards to domestic violence

Please remember that this brief reflects community perspectives on national issues.

(CLICK once!)The following were some of the perpetrators mentioned:

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BeneficiariesBeneficiariesNR&TJ Audit2011 -2012

Soldiers benefited through skills and experiences, promotions and warProstitutes seizing the moment to make money during insurgencyThe Bakonzo and Baamba as a community acquired the new district of Kasese and more representation in the Parliament of Uganda. They also benefited from the revival of the Rwenzururu Kingdom.Businessmen who continued to supply commodities at exorbitant pricesWomen who learnt business skillsThe community finally benefited from more schools, especially secondary schools in the Rwenzori area, after decades of continued pressure through civic disobedience and eventually armed struggleInternational arms dealers that seized opportunities to sell their arms to both insurgents and the Government

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Please remember that this brief reflects community perspectives on national issues.

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The following were some of the beneficiaries mentioned:

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NR&TJ Audit2011 -2012

The Congolese Government which never took initiatives to help stop the root causes of the conflicts, instead allowing rebels to roam, train and mobilize freely in their territoryPoliticians who never responded in a timely fashion when they were neededCivil leaders who never wanted to show any partisan side throughout the conflictsCivilians who failed to report rebel activitiesThe international community which failed to resolve the conflict and did not provide a comprehensive coordinated approach to the humanitarian situation

The Congolese Government which never took initiatives to help stop the root causes of the conflicts, instead allowing rebels to roam, train and mobilize freely in their territoryPoliticians who never responded in a timely fashion when they were neededCivil leaders who never wanted to show any partisan side throughout the conflictsCivilians who failed to report rebel activitiesThe international community which failed to resolve the conflict and did not provide a comprehensive coordinated approach to the humanitarian situation

Please remember that this brief reflects community perspectives on national issues.

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BystandersBystandersBRIEF 11 of 18: Kasese District

The following were some of the bystanders mentioned:

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Courts of law which only provide justice for the rich because of corruptionADF rebels and their collaborators who continued to engage in military activitiesPoliticians who never coordinated joint efforts to bring peace to the regionSome Muslims leaders who supported the insurgents indirectlyGovernment officials who are corrupt and divert resources meant to fight the insurgencyThe Rukurato (Tooro Parliament) that neglected and marginalised the Bakonzo and BaambaTraffic police officers who are corrupt and continue to rip off road usersThe Batooro elite which created divisions between the Batooro poluation and the Bakonzo, Baamba and other minority ethnic communities by subjugating them in the name of Batooro superiority

NR&TJ Audit2011 -2012

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Please remember that this brief reflects community perspectives on national issues.

SpoilersSpoilers

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The following were some of the spoilers mentioned:

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Peace BuildersPeace BuildersNR&TJ Audit2011 -2012

Hospitals were centres for medical support and care during and after the insurgenciesThe Government of Uganda ensured that insurgencies were defeated and the population protectedCivil Society Organisations helped provide humanitarian support and contributed to the post-conflict recovery processChurches helped to resolve conflicts through peaceful approachesThe community was determined to resolve conflicts peacefullyThe International and Local Red Cross provided medical care to civilian casualties, the army, as well as the rebels

Please remember that this brief reflects community perspectives on national issues.

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The following were some of the peace builders mentioned:

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LOOKING FORWARDLOOKING FORWARD

Future

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TALKING ABOUT THE HISTORY OF CONFLICT TALKING ABOUT THE HISTORY OF CONFLICT IN UGANDAIN UGANDA

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When asked how participants felt talking about the different conflicts and their legacies, the majority said it was important to talk. The following are highlights of what different participants said they felt:

The majority of the participants felt good talking about the history of Uganda because it helped them to compare the past and the future, discover the history of their country and create solutions to avoid conflicts reoccurring. However, some participants felt that talking about the history of Uganda led to irritation and insecurity because they feared they would be followed up by Government agents the next day.

Please remember that this brief reflects community perspectives on national issues.

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ProsecutionTruth-telling

Transitional Justice Transitional Justice MechanismsMechanisms

Regional frameworks should be put in place and a national truth-telling body should be established through an Act of Parliament as this would help to ensure witness protectionResearch should continue to be done through Universities and Civil Society Organisations to further document the basic truths that people want to emerge from the truth telling sessions. This will help to prevent lying during truth telling sessions. Create advocacy groups to popularise truth telling processes. They should use platforms such as radio talk shows.

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Participants emphasised that special higher courts should handle war crimes suspects and lower courts should deal with lower level suspects, such as thieves For corruption cases, those convicted should be made to refund the money they stole, their property should be auctioned, they should be jailed if proven guilty and they should be banned for life from public office. Laws in relation to domestic violence, defilement and land management should be reviewed.

Please remember that this brief reflects community perspectives on national issues.

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Transitional Justice MechanismsTransitional Justice Mechanisms

Am

nesty

Participants noted that total forgiveness of perpetrators is necessary, except for perpetrators of crimes against humanity and war crimes Amnesty should be implemented at the sub county level and should consider both victims and perpetrators of the conflict. Participants further emphasised that amnesty should be victim centered and conditional on an acknowledgment of guilt.

There needs to be a national reconciliation process established by law.Horizontal reconciliation led by traditional Kings is essential in dealing with the Batooro, Baamba, and Basongora at a community level. Cross-cultural marriages should also be encouraged amongst the various ethnic communities.

Recon

cilia

tion

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Please remember that this brief reflects community perspectives on national issues.

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Psych

osocia

l S

up

port

Rep

ara

tion

s

Participants noted that victims who were displaced during conflict should be resettled and the Government should design a framework for compensating all victims of conflictsLaws and policies on reparations should be effectively established to facilitate the management of post conflict recovery.

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There is need to build community centers at regional level for healing purposesHospitals and health centres should be equipped with trained specialists who can provide psychosocial support.

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Please remember that this brief reflects community perspectives on national issues.

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Mem

oria

lizati

on

Tra

ditio

nal

Justic

e

Participants noted that Traditional courts, or “ekyaghanda”, exist but they have no formal legal recognitionTraditionally, the “Mukulu Wabulhambu” (Chairman of the Elders Council) was the oldest member of the village and the elders and village members acted as councilorsThe Government should endeavor to acknowledge traditional justice because it informs the values behind the justice system in Uganda and it could complement the formal justice system currently in placeChildren should be taught these traditional values up until the end of primary school.

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Participants emphasised that the Government should establish memorial days for those who died in different conflicts in Uganda, for example those who died in Kicwamba Technical and St Johns Minor Seminary massacres, Luwero Triangle, and massacres in northern UgandaMemorial social services like schools and hospitals should be established Participants also noted that Government should take the lead in the creation of museums in the various regions of Uganda in order to preserve and document the history of conflicts for future referenceEmphasis was also put on the need to establish national monuments for the commemoration of victims.

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Please remember that this brief reflects community perspectives on national issues.

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JudiciaryCorruption in the office of the State Attorney should be examined because corruption means that only the rich can access justice Magistrate Courts should be established at sub-county level with the full-time deployment of magistrates and their judicial officersParticipants demanded that a resident judge be posted to Kasese as a matter of priority

Prisons Participants advised that feeding, shelter, and medical services should be improved in all prison facilities in Kasese and the country at largeEmphasis was also made on the recruitment of prison officers, which should reflect a regional balanceSkill development and correction of the offenders should be at the core of the prison service

PoliceParticipants noted that the recruitment policy of the Uganda Police force needs urgent review. Attention needs to be paid to applicants’ profiles with regard to ethics, academic standards and regional balance. The police require a new strategy in fighting corruption. Any police officer investigated and found to be corrupt must be dismissed. They should also be better remunerated.

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Please remember that this brief reflects community perspectives on national issues.

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Institutional Reforms

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Messages to Leaders/InstitutionsMessages to Leaders/InstitutionsNR&TJ Audit2011 -2012

To President Museveni: Please help compensate victims of war Help us out of corruption. Kasese’s corruption is too high, especially in the policePresident Museveni and Parliament must reinstate term limits President Museveni and Parliament must streamline wage policies in UgandaThere should be free education for the victims who were affected by the Uganda conflictsGovernment must review the current economic policy with regards to fuel and commodity pricesKasese should be given a special ministry as a post-conflict area. We only have one minister, Hon. Crispus Kiyonga, as opposed to other regions that have more.Kasese airfield must be upgraded to a full airport to boost tourismPresident Museveni, leave power for the rest. You are not the only person to handle Uganda. All armed conflicts are centered on you. Please rest. We do not want to be like Gadhafi’s Libya.There should be balanced appointments to the public service. It should not be based on regions.

To Allied Democratic Forces(ADF) LeadersCome out of the bush, forgive and reconcile

Please remember that this brief reflects community perspectives on national issues.

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RecommendationsRecommendations

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FIDA [Uganda Association of Female Lawyers] should be established in Kasese to address issues of domestic violenceA land tribunal should be instituted and when addressing land disputes, the LC I Courts should work together with traditional leadersKasese District needs a sub-regional office for the Inspectorate of Government (IGG) as a matter of urgencyCriminalise the use of derogatory language that undermines the dignity of various ethnic groups in Uganda e.g. ‘we shall not wait for Karamoja to develop’, ‘anyanya’ (wild animals), ‘bakoko’ (insects).The Children’s Act should be reviewed so that parents and guardians have more responsibility for a child’s developmentAffirmative action should be a deliberate post-conflict reconstruction strategy in the Rwenzori region

FIDA [Uganda Association of Female Lawyers] should be established in Kasese to address issues of domestic violenceA land tribunal should be instituted and when addressing land disputes, the LC I Courts should work together with traditional leadersKasese District needs a sub-regional office for the Inspectorate of Government (IGG) as a matter of urgencyCriminalise the use of derogatory language that undermines the dignity of various ethnic groups in Uganda e.g. ‘we shall not wait for Karamoja to develop’, ‘anyanya’ (wild animals), ‘bakoko’ (insects).The Children’s Act should be reviewed so that parents and guardians have more responsibility for a child’s developmentAffirmative action should be a deliberate post-conflict reconstruction strategy in the Rwenzori region

Please remember that this brief reflects community perspectives on national issues.

(CLICK once!).

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AcknowledgementsAcknowledgementsRLP is very grateful for the contributions made by different individuals and organisations towards the success of National Reconciliation and Transitional Justice Audit Research in Kasese District. Refugee Law Project is indebted for the support offered by various civil society organisations and the representation of the Department of Immigration at Mpondwe border post. Exceptional thanks are extended to Office of the LC V and III Chairpersons for the wise guidance and impartiality exhibited while mobilising the participants of the various categories.

Thanks also goes to the Coordinator of Kasese Victims Association for her help in coordinating and mobilising all the FGD participants in the study.  Finally, our greatest appreciation goes to all our FGD participants and interviewees for sparing a whole day to actively participate in the discussions and to the Swedish International Development Agency and the Norwegian Ministry of Foreign Affairs for providing financial support for this research.

Presentation prepared by Opiny Shaffic, with inputs and edits from Dr. Chris Dolan, Annelieke van de Wiel and Moses Alfred Nsubuga.

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Acknowledgements for pictures & Acknowledgements for pictures & mapsmaps

http://1.bp.blogspot.com/_bsw9fKc0A6w/TNwg89BAzSI/AAAAAAAAAFI/1z4b-pgdYF4/s1600/map.JPGhttp://echwaluphotography.files.wordpress.com/2011/10/noo-11.jpghttp://redpepper.co.ug/welcome/wp-content/uploads/2011/05/Exiled-Col.-EDSON-MUZOORA-has-been-killed-and-his-body-dumped-at-his-home-in-Bushenyi-by-unknown-people.The-last-time-Edson-Muzoora-was-heard-of-was-when-he-appeared-in-South-Africa1.jpghttp://news.bbc.co.uk/media/images/47199000/jpg/_47199890_uganda_ceremony_afp.jpghttp://www.csmonitor.com/var/ezflow_site/storage/images/media/content2/2011/1221-congo-election-kabila-sworn-in/11286714-1-eng-US/1221-Congo-Election-Kabila-sworn-in_full_600.jpghttp://www.janbanning.com/wp-content/uploads/Kampala-High-Court-05_75x103cmPRINT-1024x749.jpghttp://www.waha-international.org/files/1c8a-smallpicuganda.jpghttp://www.enteruganda.com/brochures/images/command01.jpg

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Websites

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Watch this space for Brief 12: Bundibugyo District

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BRIEF 11 of 18: Kasese District