Professional Documents
Culture Documents
AN OVERVIEW
Prepared by:
June 2019
www.jlos.go.ug
It, therefore, marks a major milestone in the history of the administration of justice in
Uganda as well as Africa, Uganda being the first country to adopt a Transitional Justice
Policy, after the African Union’s (AU) adoption of an AU Transitional Justice Policy.
The Constitutive Act of the African Union 2000, recognizes the fact that the scourge of
conflicts in Africa constitutes a major impediment to the socio-economic development of
the continent and the need to promote peace, security and stability.
Transitional Justice consists of both judicial and non-judicial processes and mechanisms
including prosecution initiatives, truth-seeking, reparations programmes, institutional
reform or an appropriate combination thereof.
The Government has over the years reiterated the need for peace, stability and social
cohesion as important prerequisites for the development of the country.
The Transitional Justice Policy implementation will, therefore, set a base for economic
development and inclusion of all Ugandans in national development.
This policy will serve as an overarching framework that will address justice, accountability
and reconciliation needs of post-conflict situations. It will create a holistic intervention in
achieving lasting peace and stability.
Policy Vision
“A peaceful, just and stable Uganda”.
Policy Mission
“To promote national reconciliation, peace and justice” .
Policy Goal
“To provide a framework for management and operations of formal and informal justice
processes in post conflict situations”.
Policy Objectives
The objectives of this policy are:
a) To address the gaps in the formal justice system for post conflict situations;
b) To formalize the use of traditional justice mechanisms in post conflict situations;
c) To facilitate reconciliation and nation building;
d) To address gaps in the current amnesty process; and
e) To provide reparations for post conflict situations.
Vulnerability: The Policy recognizes that during and after conflict, certain categories of
persons are immensely affected. In this Policy vulnerable persons shall include; formerly
displaced persons, formerly abducted persons, women, children, and persons with
disability, the elderly and the youth, who are most vulnerable in times of armed conflict.
Gender Equality: Gender equality is an integral part of national development processes.
It reinforces the overall development objectives in the country. This policy emphasizes
Government commitment to the mainstreaming of gender considerations in all
components of transitional justice.
Best interests of the Child: Children have for decades been entangled in conflict and its
aftermath, yet limited attention is placed on their role in negotiating the best justice,
peace and unity options they would aspire to. This Policy will place special emphasis on
the contribution of children in justice as well as adhere to their best interests.
Transparency: Transparency is paramount for transitional justice as stakeholders must be
kept in constant communication with actors. In particular, this Policy underscores the fact
that all local reconciliation processes will be underpinned on openness of all parties.
Inclusiveness: This Policy will accord equal treatment to all actors irrespective of any
differences. It underscores the importance of inclusive participation in conflict
prevention, peace processes, and security initiatives.
Neutrality: This policy takes cognizance of the need to build confidence in all her
stakeholders. As such its implementation will adopt a non-partisan and objective
approach in order to maximize engagement, obtain trust and achieve results.
Integrity: In order to facilitate the healing of aggrieved parties, integrity is vital. This policy
advocates for consistency and accuracy in the implementation of transitional justice
processes.
a) Restitution; Mitigate land conflict that has emerged as a post conflict issue
b) Social– economic support
c) social services for the affected communities; like education and health for the most
affected persons like orphans, and
d) Rehabilitation, such as medical, legal and psychosocial initiatives to address
especially trauma and stigma
e) Resettlement and reintegration
Amnesty
There shall be no blanket amnesty and Government shall encourage those amnestied, to
participate in traditional justice processes for purposes of meaningful reintegration and
reconciliation.
In effect the Policy envisages that persons will only be eligible for amnesty on the basis of
making full disclosure of all the facts relevant to the violation or abuse of human rights,
and that a person has not committed war crimes, crimes against humanity or genocide,
and that a person is not a child.
The Policy further envisages that where a child has been exposed to armed rebellion, on
return, the child shall be subjected to available demobilization, resettlement and
reintegration establishments within the community or as established.
Traditional Justice
Traditional justice systems play an invaluable function in conflict and dispute resolution
especially among disadvantaged populations in conflict and post conflict environments.
This is so because the formal justice systems are often inoperative or inacces sible in such
situations.
As such, traditional justice plays a complementary role to the formal justice system. Its
formal recognition as a medium to enhance access to justice is becoming more appealing.
In Uganda, traditional justice has been used as a more accessible option than formal law
in most communities. The Policy envisages that the Traditional justice system will be
beneficial in promoting accountability, healing, reintegration and reconciliation.
a) The use or adoption of truth seeking at all Policy initiatives will support:
b) The verification of legitimate claimants for reparations
c) The mitigation of formal court proceedings
d) The initiation of traditional justice mechanisms
e) The award of an amnesty certificate
f) The true record of injustices that will contribute to national history that will deter
future conflict and enhance national unity
g) Ascertain and document human rights violations that took place in communities,
their impact and magnitude
h) Recommending actions for redress
i) Facilitate conflict prevention and dispute resolution
Prepared by: The Justice, Law and Order Sector Secretariat. Email Inquiries: majok@jlos.go.ug