NATIONAL RECONCILIATION & TRANSITIONAL JUSTICE AUDIT

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

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Main objectives of the NR&TJ Audit • To document community perspectives on post-independence armed conflicts across Uganda • To identify and assess the outstanding reconciliation and transitional justice needs related to each of these conflicts

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Methodology 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. 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.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Focus Group Discussion Guide PART 1: LOOKING BACK A. 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

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Focus Group Discussion Guide PART 2: LOOKING FORWARD WELCOME BACK - Reminder of purpose of second half: from looking back to looking forward A. How does it feel to be talking about the history of this country? RECONCILIATION TRADITIONAL JUSTICE AMNESTY TRUTH-TELLING PROSECUTIONS 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? MEMORIALIZATION PSYCHOSOCIAL SUPPORT REPARATIONS CHANGES IN LAW / INSTITUTIONS C. What messages do you have for key persons and/or institutions?

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -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 IdiAmin 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 Map of Uganda showing Districts Accessed at http://1.bp.blogspot.com/_bsw9fKc0A6w/TNwg89BAzSI/AAAAAAAAAFI/1z4b-pgdYF4/s1600/map.JPG

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 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 LyandroKomakech with valuable input from Annelieke van de Wiel and Kari Griffiths, all of the RLP. Introduction

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Past LOOKING BACK

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 When participants were asked whether there is peace in Uganda, the following responses were given: (CLICK once!) • 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 YoweriKaguta Museveni or KizzaBesigye (of the opposition). • The police have been accused of widespread human rights abuses whilst handling the demonstrators in the ‘Walk to Work’ protests • The 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 peace • Corruption 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? Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Conflicts Timeline: National Level 1920 1979 2011 2012 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”. Uganda National Liberation Front (UNLF) overthrow of IdiAmin (1979): The UNLF was a unity government formed in exile and was an amalgamation of all the groups who were fighting against IdiAmin Dada’s Government. They overthrew IdiAmin in 1979. Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Conflicts Timeline: Regional Level 1919 1921 1940 1969 1980 1987 1996 2007 2012 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 “ObusingaWaRwenzururu”, saying it belongs to the Bakonzo-Baamba alone. 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 ObusingawaRwenzururu. 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 ObusingawaRwenzururu 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. Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Conflicts Timeline: District & Village Level 1980’s 2012 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”. Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Causes & Impacts The rise of domestic and gender-based violence Religion Resource based conflicts Election malpractice and pressure by opposition groups Causes Suppression of the Bakonzo/Baamba by the Batooro Ethnic segregation The geography of the Mt. Rwenzori Ranges The massacres of innocent students of Kichwamba Displacement of the population • Various employment opportunities Impacts Children were abducted • Property and lives were lost Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 (CLICK once!) • Suppression 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 region • The 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. CryspusKiyonga. 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 MumbereIrema-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. Causes of conflicts Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 (CLICK once!) • 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 ADF Causes of conflicts (cont.) Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 (CLICK once!) • The Rwenzururu struggle for its cause resulted in the creation of Kasese District by IdiAmin 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 Impacts of conflicts Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 (CLICK once!) • 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. Impacts of conflicts Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Spoilers Peace Builders Conflicts STAKEHOLDERS Beneficiaries By-standers Victims Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 The following were some of the victims mentioned: (CLICK once!) • Farmers who could not cultivate and produce for the market. • Women who were abducted and suffered gender based violence • Non-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 insurgents • Kicwamba and St John’s students who were massacred by the ADF rebels • Medical personnel who were targeted for medical supplies by rebels • Men 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 wives • Local communities that lost social amenities and infrastructures • The elderly who had no family support • Students who lost time at school and dropped out • Prisons as most prisoners were freed by insurgents Victims Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 The following were some of the perpetrators mentioned: (CLICK once!) • 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 century • Politicians and their supporters who continued to fuel conflicts • ADF and NALU insurgents as agents of conflict • The Batooro and Bakonzo communities fought each other in the conflict • Muwongo (now a Captain in the UPDF) who committed atrocities on unarmed civilians during the first phase of the ADF insurgency • Professor Rugumayo during the Rwenzururu Movement struggle, who advocated for a military approach as opposed to civil disobedience • Men and women whowere agents of conflicts at the family level in regards to domestic violence Perpetrators Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 The following were some of the beneficiaries mentioned: (CLICK once!) • Soldiers benefited through skills and experiences, promotions and war • Prostitutes seizing the moment to make money during insurgency • The Bakonzoand 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 prices • Women who learnt business skills • The community finally benefited from more schools, especially secondary schools in the Rwenzori area, after decades of continued pressure through civic disobedience and eventually armed struggle • International arms dealers that seized opportunities to sell their arms to both insurgents and the Government Beneficiaries Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 The following were some of the bystanders mentioned: (CLICK once!) • 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 territory • Politicians who never responded in a timely fashion when they were needed • Civil leaders who never wanted to show any partisan side throughout the conflicts • Civilians who failed to report rebel activities • The international community which failed to resolve the conflict and did not provide a comprehensive coordinated approach to the humanitarian situation Bystanders Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 The following were some of the spoilers mentioned: (CLICK once!) • Courts of law which only provide justice for the rich because of corruption • ADF rebels and their collaborators who continued to engage in military activities • Politicians who never coordinated joint efforts to bring peace to the region • Some Muslimsleaders who supported the insurgents indirectly • Government officials who are corrupt and divert resources meant to fight the insurgency • The Rukurato (Tooro Parliament) that neglected and marginalised the Bakonzo and Baamba • Traffic police officers who are corrupt and continue to rip off road users • The Batooro elite which created divisions between the Batooropoluation and the Bakonzo, Baamba and other minority ethnic communities by subjugating them in the name of Batooro superiority Spoilers Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 The following were some of the peace builders mentioned: (CLICK once!) • Hospitals were centres for medical support and care during and after the insurgencies • The Government of Uganda ensured that insurgencies were defeated and the population protected • Civil Society Organisations helped provide humanitarian support and contributed to the post-conflict recovery process • Churches helped to resolve conflicts through peaceful approaches • The community was determined to resolve conflicts peacefully • The International and Local Red Cross provided medical care to civilian casualties, the army, as well as the rebels Peace Builders Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Future LOOKING FORWARD

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 • 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. TALKING ABOUT THE HISTORY OF CONFLICT IN UGANDA Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Truth-telling Prosecution • 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 protection • Research 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. • 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. Transitional Justice Mechanisms Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 • 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. Amnesty Reconciliation Transitional Justice Mechanisms Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 • Participants noted that victims who were displaced during conflict should be resettled and the Government should design a framework for compensating all victims of conflicts • Laws and policies on reparations should be effectively established to facilitate the management of post conflict recovery. • There is need to build community centers at regional level for healing purposes • Hospitals and health centres should be equipped with trained specialists who can provide psychosocial support. Psychosocial Support Reparations Transitional Justice Mechanisms Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 • Participants noted that Traditional courts, or “ekyaghanda”, exist but they have no formal legal recognition • Traditionally, the “MukuluWabulhambu” (Chairman of the Elders Council) was the oldest member of the village and the elders and village members acted as councilors • The 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 place • Children should be taught these traditional values up until the end of primary school. • 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 Uganda • Memorial 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 reference • Emphasis was also put on the need to establish national monuments for the commemoration of victims. Memorialization Traditional Justice Transitional Justice Mechanisms Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Institutional Reforms (CLICK once!) • Judiciary • Corruption 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 officers • Participants 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 large • Emphasis was also made on the recruitment of prison officers, which should reflect a regional balance • Skill development and correction of the offenders should be at the core of the prison service • Police • Participants 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. Transitional Justice Mechanisms Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 • To President Museveni: • Please help compensate victims of war • Help us out of corruption. Kasese’s corruption is too high, especially in the police • President Museveni and Parliament must reinstate term limits • President Museveni and Parliament must streamline wage policies in Uganda • There should be free education for the victims who were affected by the Uganda conflicts • Government must review the current economic policy with regards to fuel and commodity prices • Kasese should be given a special ministry as a post-conflict area. We only have one minister, Hon. CrispusKiyonga, as opposed to other regions that have more. • Kasese airfield must be upgraded to a full airport to boost tourism • President 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) Leaders • Come out of the bush, forgive and reconcile Messages to Leaders/Institutions Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 (CLICK once!). • FIDA [Uganda Association of Female Lawyers] should be established in Kasese to address issues of domestic violence • A land tribunal should be instituted and when addressing land disputes, the LC I Courts should work together with traditional leaders • Kasese District needs a sub-regional office for the Inspectorate of Government (IGG) as a matter of urgency • Criminalise 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 development • Affirmative action should be a deliberate post-conflict reconstruction strategy in the Rwenzori region Recommendations Please remember that this brief reflects community perspectives on national issues.

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 RLP 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 OpinyShaffic, with inputs and edits from Dr. Chris Dolan, Annelieke van de Wiel and Moses Alfred Nsubuga. Acknowledgements

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Websites • http://1.bp.blogspot.com/_bsw9fKc0A6w/TNwg89BAzSI/AAAAAAAAAFI/1z4b-pgdYF4/s1600/map.JPG • http://echwaluphotography.files.wordpress.com/2011/10/noo-11.jpg • http://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.jpg • http://news.bbc.co.uk/media/images/47199000/jpg/_47199890_uganda_ceremony_afp.jpg • http://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.jpg • http://www.janbanning.com/wp-content/uploads/Kampala-High-Court-05_75x103cmPRINT-1024x749.jpg • http://www.waha-international.org/files/1c8a-smallpicuganda.jpg • http://www.enteruganda.com/brochures/images/command01.jpg Acknowledgements for pictures & maps

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012

BRIEF 11 of 18: Kasese District NR&TJ Audit 2011 -2012 Watch this space for Brief 12: Bundibugyo District

NATIONAL RECONCILIATION & TRANSITIONAL JUSTICE AUDIT