A Report of the Ucicc Regional Senstization Workshops in Eastern Uganda

A REPORT OF THE UCICC REGIONAL SENSTIZATION WORKSHOPS IN EASTERN UGANDA

July 18th – 26th, 2007

HELD

AT

HOTELS: LINK WAY INN, MT. ELGON, KUMI, IN

TORORO, MBALE AND KUMI DISTRICT.

List of Contents

List of Acronyms …………………………………………………………………… 2

Executive summary ………………………………………………………………….3

Objectives, Methodology and Evaluation of training………………………………5

Recommendations …………………………………………………………………..…6

Summary of some of the most significant issues and concerns………………….…6

Questions on the ICC……………………………………………………………7

Highlights of Traditional Justice ………………………………………………….9

Annex 1 content of presentations……………………………………………………...24

Annex 2 List of participants……………………………………………………………35

Programme of the workshop……………………………………………………………41

List of Acronyms or Abbreviations

CBOS Community Based Organizations

CICC Coalition for the International Criminal Court

CSO Civil Society Organization

DRC Democratic Republic of Congo

HURINET Human Rights Network

ICC International Criminal Court

IDPS Internally Displaced Persons

IGO International Non Governmental Organization

ICJ International Court of Justice.

ISIS-WICCE Women’s Cross Cultural Exchange

JCCD Jurisdiction Cooperation and Complementarity Division

LRA Lord’s Resistance Army

NGOs Non Governmental Organizations

OTP Office of the Prosecutor

PIDS Public Information Documentation Section

PTC Pre-Trial Chamber

CICC Coalition for the International Criminal Court.

UCICC Uganda Coalition on the International Criminal Court

UHRC Uganda Human Rights Commission

VPRS Victims Participation and Reparation Section

VWU Victims and Witnesses Unit

SCSL Special Court for Sierra Leone

ICTY International Criminal Tribunal for the Former Yugoslavia

GoU Government of Uganda


Executive Summary

The UCICC (Ugandan Coalition for the International Criminal Court) was formed in 2004, at a time when some Ugandans had publicly criticized and threatened to undermine the work of the court in investigating the situation in northern Uganda. HURINET (U) at that time organized a workshop to bring together various key players in civil society, government and the international community to map out as well as endorse a strategy to be used in the campaign for the International Criminal Court (ICC) in Uganda. It was from this workshop that the UCICC was formed, with the following objectives:

1.  To sensitize and clarify the role of the ICC and

2.  To create a platform for debate on the ICC.

The Ugandan Coalition on the ICC is not a mouthpiece of the ICC or the government of Uganda. It is part a member of of the Global coalition for the International Criminal Court (CICC) with international Secretariats in New York, and the Hague and as such does not take a position for or against the ICC. This is because the UCICC’s member organizations have different views on the ICC. The Ugandan Coalition mainly provides information about the ICC responds to basic queries and raises awareness.

The Ugandan Coalition is coordinated by a steering committee made of 7 membership-based organizations and a constitutional body. These include, amongst others, Human Rights Network-Uganda, Uganda Womens Network, National Union of Disabled Persons of Uganda, and Legal Aid Project of the Uganda Law Society, ISIS-WICCE-Women’s International Cross Cultural Exchange, Public Defenders Association of Uganda, and the Uganda Human Rights Commission.

The steering committee’s roles include: unpacking the ICC Bill 2004 to make it user friendly, providing information to Ugandans on the role and usefulness of the ICC, lobbying and advocating in parliament for the proper enactment of the ICC Bill 2004, monitoring the implementation of the ICC Act, and compiling and disseminate reports on relevant findings relating to the ICC in Uganda.

The workshops were held from July 18th – 26th, 2007 in the eastern region of Uganda. Participants from the districts of Busia and Butaleja converged in Tororo, those of Manafawa and Sironko in Mbale while Pallisa and Bukedea participants congregated in Kumi.

Participants were introduced to:

1.  The ICC at a Glance

2.  The Role of Victims in the ICC proceedings

3.  An Overview of Developments in Country Situations at the ICC

4.  The Role of International Criminal Tribunals and Courts in Peace Building

5.  The UCICC and CICC

UCICC staff were joined by Joseph Akwenyu Manoba, Interim Co-Coordinator of the Uganda Victims Rights Working Group (UVRWG), who gave a presentation on victims’ rights and their role in the ICC,

The ICC information kit was distributed to participants at these workshops.

The target audiences were representatives of NGOs and community based organizations from the eastern region of Uganda. Religious leaders from the Anglican and Moslem faiths were invited and attended the trainings. A total of over 150 persons participants attended the workshops

We would also like to acknowledge the instrumental roles that were played by Aboth Peruth from Tororo Civil Socity Network , Masaba Max from The Aids Support Organisation-Mbale branch and Opedun Robert from Kumi Human Rights Initiative for mobilizing the civil society organizations and community-based organizations in their districts to participate in these workshops. Special thanks go out to all the facilitators who facilitated the different sessions that generated several questions and concerns. The UCICC is also greatly indebted to the participants who attended the regional sensitization workshops and raised their concerns

This report is prepared by Hannah Gaertner as a contribution to inform further advocacy interventions in creating of awareness on the International Criminal Court in Uganda and educate Ugandans about local justice mechanisms.

We hope that this report will be useful to you

Happy reading

Stephen Arthur Lamony

Coordinator

The Workshop

The objectives of the sensitization workshops

a)  To create awareness about the relevance of the ICC and international justice among community leaders in eastern districts of Uganda, so that they have a better understanding of the ICC.

b)  To promote participation of CSOs/CBOs in eastern Uganda in issues of justice, peace and accountability in Uganda and disseminate information on ICC activities, and to find practical ways of how these CSO’s and CBO’s and the UCICC can work together in disseminating information about the ICC.

The procedure at the trainings involved

1)  Drawing the expectations for the workshop/ training

2)  Presentations on the respective topics listed for discussion

3)  Questions, concerns, fears and other contributions and answers

4)  Review of previous day’s discussion

5)  Division of the participants into groups to discuss their tradition justice mechanisms

6)  Presentation by one elected member of the group to present findings on traditional justice mechanisms.

Evaluation of the workshops

An overwhelming majority of the participants stated that the objectives of the workshops had been met, while the rest believed that the objectives had been “mostly” met. All participants noted that their understanding of the ICC and its work in Uganda had improved as a result of the workshops and that they would recommend others to attended such trainings. In fact, many suggested to hold more workshops in the region and to reach out to the grassroots as well as local government officials and police officers.

Generally, participants evaluated the presentations as very “good.” Some requested more materials to take home to be able to internalize the information received at the workshop. Additional materials or brochures could also be used to reach out to the participants’ communities. Others requested handouts of the power point presentations used during the training. Many participants noted that two days are not sufficient to cover all topics on the ICC and suggested additional days to be able have more time.

In all, the objectives of the workshop were overwhelmingly achieved and participants summed up the training as very useful for their daily work.

Recommendations

ü  It would be useful for more workshops of the kind should be organized for paralegals, police, the military and civil servants.

ü  UCICC should send regular information on the ICC to the participants.

ü  There is need for the UCICC to link up with organisations that train people in crime identification and management so that the capacity of UCICC member organisations can be built in this area.

ü  There is need for the UCICC to work towards empowering their member oranisations with skills in evidence gathering in situations of armed conflict

To the ICC

It was suggested that it would be useful for the ICC to organise a workshop that brings together central and local government officials so that they can compare notes on the ICC and suggest a way forward.

Summary of some of the most significant issues and concern from the presentations

·  Participants were generally concerned about crimes that have been committed before July 1, 2002, which do not fall within the ICC’s jurisdiction. They wanted to ensure that victims of those crimes also have a chance for justice and redress.

·  The crime of corruption was mentioned frequently as a crime that needs to be addressed in Uganda. Participants were disappointed to learn that this crime does not fall within the jurisdiction of the court.

·  Many participants emphasized that it was important for the ICC to be seen to be investigating all parties involved in the conflict. They were pleased to hear that official capacities would not shield individuals from prosecution by the ICC.

·  Participants became aware of the complex situation and dynamic between peace and justice at the Juba Peace Talks. They acknowledged the need for reconciliation, but also the need to hold the perpetrators of massive crimes accountable.

·  Participants also wondered whether the cases being handled at the ICC, could not be handled by the countries where the allegations of human rights abuses took place.

·  A participant observed that the Ugandan penal code has been in existence for over two hundred years and its out of touch with the reality in Uganda, it was suggested that now is the time to review it.

Questions on the ICC

1.  Do the ICC warrants of arrest cancel the warrants of arrest issued by the government of Uganda for lesser crimes committed by the LRA?

2.  Why can’t the criminals be imprisoned in Uganda?

3.  How committed is the ICC to bring to justice criminals who commit these crimes?

4.  Was the government of Uganda suing another country when it referred the situation in northern Uganda to the ICC or it was suing the LRA?

5.  If the Ugandan government arrests Kony and decides he should be hanged, can the ICC intervene?

6.  Why is corruption not considered a crime against humanity?

7.  Can individual countries handle cases that are currently dealt with by the ICC?

8.  Was Saddam Hussein tried at the ICC?

9.  Do incidents of torture in Zimbabwe fall into the category of crimes against humanity?

10.  Is there a level of immunity at the ICC?

11.  What will happen when the ICTR closes?

12.  What is so complicated about definition for the crime of aggression?

13.  Can someone be retried at another institution once the ICC proceedings have concluded?

14.  How did the South African Truth and Reconciliation Commission deal with the perpetrators?

15.  In cases where individual states have issued arrest warrants for suspects from other countries, where do they get the authority?

16.  Can a case be tried by both the tribunal and the ICC at the same time?

17.  What can the ICC for Kenyan women in Marsabit/Samburu? Who were raped by British soldiers?

18.  How many victims do there need to be for an investigation to commence?

19.  When did the investigations on the UPDF begin?

20.  Is there networking between the ICC and ICTR?

21.  What role did the ICC play in the Iraq case?

22.  How can the ICC address domestic violence?

23.  What is the location of ICC office in Kampala?

24.  Is an accused person at the ICC entitled to bail?

25.  What are the achievements of the ICC and the challenges of the in Uganda?

26.  Is the ICC obliged to lobby for sanctions?

27.  Can states withdraw from the Rome Statute?

28.  Where is the Charles Taylor case being held?

29.  Can the crime of terrorism be tried at the ICC?

30.  Is the ICC an NGO or an intergovernmental organization?

31.  Is there a possibility for probation at the ICC?

32.  How will the ICC reconcile the differences between traditional justice and international criminal process?

33.  Can the ICC withdraw from a situation?

34.  How can the ICC empower civil society to collect evidence?

35.  How can the ICC help improve the Ugandan legal and cultural systems?

36.  What are the criteria for a state to become a state party to the ICC?

37.  Would the HIV/ AIDs case in Libya constitute a crime against humanity?

38.  What can the ICC do for children and victims of war?

39.  Can compensation reach the grassroots?

40.  How does the ICC relate to terrorism?

41.  What can the ICC do about future dictators?

42.  What is the difference between a war and a freedom struggle?

43.  How can Uganda domesticate the ICC statute?

44.  Will there be a chance for the victims to sue the people who caused them harm and made them to suffer a lot?

45.  Given that former rebels are usually rewarded with cars, houses e.t.c, for killing victims, will the victims also be given compensation in the form described above?
Highlights of Traditional Justice Mechanisms in Eastern Uganda

As presented by the workshop participants

KAYO CHOKO

Traditional justice mechanism for the Jophadhola

The term “Kayo choko” is a Jophadhola word translated into English means “biting a borne”. The term is the word for the whole process of the administration of traditional justice amongst the Jophadhola people and implies taking responsibility for ones wrongs which constitute crimes.

The Jophadhola, make up what is the modern or present day Tororo District in eastern Uganda.

The Jophadhola like many other African societies in Uganda, had values, norms, customs and practices which they held dear to themselves for purpose of peace, unity and justice in their society.

The Jophadhola defined some actions or omissions to constitute crimes and any person who committed such actions or omissions committed crime and was liable and subjected to a justice process which culminated in reconciliation.

The following were defined as crimes within this African society;

1)  murder

2)  rape

3)  adultery

4)  witch craft