On 17th June 2019, after a decade-long formulation and adoption process, the Government of Uganda finally announced the passing of the National Transitional Justice Policy (NTJP) and officially released it in September. The passing of the Policy is partly fulfilling the Government’s commitments on accountability and reconciliation that it made during the Juba Peace process, which started in 2006, as well as its constitutional obligations.

Victim participation is a central element in achieving justice and reconciliation in Uganda. The practice is allowed by the International Crimes Division (ICD) but efforts still have to be made by courts and the legislator to actualize its full use in court proceedings. This policy brief offers an analysis as well as a few recommandations regarding the situation of victim participation in Uganda. 

In Uganda, ASF has been providing continuous support to communities who have been victim of the crimes for which Kwoyelo is being tried under the International Crimes Division. Last April, ASF led joint efforts with the Victim’s Counsel, the ICD Registrar and the International Center for Transitional Justice to inform the victims’ communities of the latest trial developments, while collecting and relaying their views to relevant instances.

Joining in the celebration of women across the world today, ASF releases its analysis of the progresses and shortcomings in achieving women’s rights in Uganda’s extractive industry context.

On Monday 24 September, the International Crimes Division (ICD) shall open the main trial in the case of Thomas Kwoyelo. This case is the first ever to be tried before a domestic court in the conflict that opposed the Lord Resistance Army and the Government of Uganda. ASF Country Director for Uganda raises concerns about the opportunity given for victims to participate and the lack of State support to the ICD.

Last June, ASF released the Community-Based Mediation Training Module, along with three like-minded organisations. This marked the end of a drafting process from which many lessons have been learned and the beginning of a long-term commitment to work towards closing a major gap in terms of access to justice in Uganda: the disconnection between the everyday forms of justice used by citizens and the justice provided by institutions.

Last week at the Sixteenth Session of the Assembly of States Parties to the Rome Statute, ASF and REDRESS co-organised a parallel event on the legal representation of victims before the International Criminal Court, the International Crimes Division in Uganda, and the Special Criminal Court in the Central African Republic.

Since 2012, ASF has been supporting the International Crimes Division (ICD) in Uganda. The ICD is a domestic court that was created as part of the government’s efforts to implement the Juba Peace Agreement. It is within the ICD’s jurisdiction to try serious offences such as war crimes, crimes against humanity, and genocide. Given Uganda’s history of violent conflicts, the ICD plays a critical role in delivering justice in relation to past atrocities. 

Between February and April 2017, ASF conducted consultations with victims of mass atrocities in Northern and Eastern Uganda, about their views on ways to repair the harm they have suffered. The consultations took place in areas affected by the insurgence of the rebel group Lord’s Resistance Army. Their purpose was to get insight into LRA victims’ reparation needs and priorities, as well as their perceptions of ongoing discussions within the Transitional Justice Policy framework. We asked ASF Uganda’s Country Director to highlight issues raised during these consultations.

Excellent news: ASF has just been granted significant funding for five years by the Belgian DGD (Directorate-General for Development Cooperation and Humanitarian Aid). This aid will be used for projects supporting justice in five countries: Burundi, Indonesia, Morocco, Uganda and the Democratic Republic of the Congo. This also represents ASF’s first project in Indonesia.