Restorative Justice in Uganda: Engaging Communities

1. RESTORATIVE JUSTICE Engaging with communities in Uganda Quaker Africa Interest Group (QAIG) 26 January 2019 Marian Liebmann

2. Definition of Restorative Justice • Restorative processes bring those harmed by crime or conflict, and those responsible for the harm, into communication, enabling everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward. (Restorative Justice Council)

3. Principles of Restorative Justice • Victim support and healing is a priority • Offenders take responsibility for what they have done • Dialogue to achieve understanding • Attempt to put right the harm done • Offenders look at how to avoid future offending • The community helps to re-integrate both victim and offender

4. Importance of Restorative Justice We have a punitive system: • Prisons full to bursting • Prisoners re-offend very quickly • Victims’ needs are not met This is even more true in Africa, modelled on the British legal system

5. Processes of Restorative Justice • Victim-offender mediation – bringing victim & offender together • Restorative conferencing – larger groups using ‘script’ • Family group conferencing – family private time • Victim-offender groups – e.g. burglary victims and burglars • Circle sentencing – community and judge resolve the matter • Reparation – putting things right for victim or community On the way to RJ: • Victim awareness – teaching offenders about victims

6. Retributive and restorative(Howard Zehr)

7. Retributive and restorative

8. RJ in Uganda Three sets of training, all in partnership with Grace Kiconco Sirrah. • Kampala 1999 - funded by QPSW • Masaka 2002 – funded by Save the Children • Gulu 2011-12 – funded by Redland Quaker Meeting & QPSW

9. Kampala 1999 • Context: expected introduction of Community Service • Victim-offender mediation seen as way of engaging victims and offenders to help implement new law • Diversion of minor offences (from fines/ imprisonment) • 5-day victim-offender/ community mediation training

10. Masaka 2002 • Context: help to implement Children Statute 1996, containing restorative options, little known • Three groups: Masaka (central), Gulu (north), Hoima (east) • Week 1: RJ training for all 3 groups in Masaka • Week 2: Training of trainers for Masaka group • Week 3: New trainers train local group • Plan: New trainers then train the other two groups (but only happened once, due to LRA and staff changes)

11. Gulu, Northern Uganda 2011-12 Two-stage process • 2011 Training for 18 community and victim-offender mediators (5 days) • Each mediator to undertake 5 cases and do a write-up of one case • 2012 Training of trainers for 12 mediators (8 days) – sporadic attendance due to competing demands and long distances • Grace kept in touch and visited from Kampala

12. Case studies • 1999: Ex-soldier returning home after pillaging village • 2002: Young people – minor offences, often poverty-related. Also street children and theft. • 2011-12: Land disputes; preventing revenge after murder

13. Achievements • Enthusiasm and role play on real cases • Heart-warming stories • Spreading skills • Younger community members empowered • ‘Along the way’ sustainability

14. Pitfalls/ lessons learned • Need robust organisational safeguards re funds • Younger trainees may have more investment in process • Establishing commitment • Organisational plans difficult to implement, often due to lack of funds for transport to meetings • Difficult to fit into European funders’ expectations

15. Conclusion Restorative Justice as a concept is close to African ways of thinking, but it is difficult to achieve organisational sustainability.

16. Contact details Marian Liebmann52 St Albans RoadBristol BS6 7SH UK Tel: 0117 942 3712Mobile: 07776 150931 E-mail: marian@liebmann.org.uk