Tunisia : The Truth and Dignity Commission report available in English !

Posted on 24 July 202011 May 2023 by simonm

On July 24^th 2020, the Truth and Dignity Commission’s (IVD) final report has finally been published in a special issue of the Official Gazette of the Tunisian Republic. This report concludes the Commission’s work, which included the hearings of nearly 62.000 victims, the transfer of 204 cases to specialized criminal chambers in charge of prosecuting the perpetrators of human rights’ violations and economic crimes. Its mandate covered crimes committed between July 1955 and December 2013, date of the promulgation of the organic law n°53-2013 on establishing and organizing transitional justice. In its final report, in addition to establishing historical facts, the IVD drew a list of victims of the revolution entitled to receive reparation, as well as recommendations to the Tunisian state to undertake structural reforms. The report especially addresses governance and corruption issues with a reparation plan for “victim regions”.

The publication of this document comes one year after the announcement by the IVD of the finalization of its report. In accordance with article 67 of the organic law on transitional justice, the IVD had handed over the report to the President of the Republic, the Head of the Assembly of People’s Representatives (APR), the President of the High Judicial Council and the Head of government on March 27^th 2019. Its publication in the official gazette was essential to trigger the follow-up phase, including the development of a government’s action plan and the creation of a specific parliamentary commission to monitor its implementation. The delay to publish the report was in breach of both the organic law and the Constitution, which article 148(9) states that “[t]he State undertakes to apply the transitional justice system in all its domains and according to the deadlines prescribed by the relevant legislation.”

The completion of this first phase was commended by both the IVD and civil society organisations, organised in a coalition since 2016, to ensure that the process was on track and its integrity preserved. Transitional Justice is indeed key in the political transition initiated after the revolution and the fall of Ben Ali’s regime. Over the last five years, the Tunisian civil society has played a decisive role in overcoming the odds faced by the IVD and the overall transitional justice process. The civil society remains committed to contribute to the diffusion of the IVD report, in collaboration with the government and the APR, alongside the strengthening of the specialized criminal chambers to fight against impunity..

The executive summary of the report is also available in English on the IVD website.

Truth and Reconciliation Commission: Belgium’s opportunity to deal with the injustices born of its colonial past

Posted on 7 July 202011 May 2023 by simonm

Read the Policy Brief (French)

The issue of prejudices born out of colonisation, which has long been relegated to the background of public discourse, has recently gained momentum in Europe; particularly in Belgium.

A proposal for a Truth and Reconciliation Commission is currently being debated by Belgian parliamentarians. Belgium thus has a historic opportunity to confront its colonial past, to address the underlying roots of the contemporary injustices faced by its Afro-descendant population and to establish new relationships with the formerly colonised societies.

However, the ongoing process presents a risk of a partial and one-sided approach to the colonial issue, as well as the temptation to ignore its contemporary consequences by classifying the colonial period as part of history. This is reflected both in the make-up of the Commission, which is not very representative of the issues that it will have to address, and in its mandate, which seems to be limited to symbolic issues. There is also a lack of transparency in the discussions around the truth and reconciliation process, which take place without consultation with civil society, activists and academic experts.

In view of these observations, Avocats Sans Frontières is publishing a policy brief rooted in its practical experience of transitional justice around the world. ASF especially invites the members of the External Relations Commission of the Belgian Parliament to seize this opportunity for Belgium to establish a sound basis for its relations with a large part of its population and the societies of Burundi, Rwanda and the DRC, but also to set an example on the global scale.

The long walk: Uganda adopts a Transitional Justice Policy

Posted on 14 October 20198 July 2021 by simonm

On 17^th 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. The NTJP addresses the legal and institutional framework for investigations, prosecutions, trials within the formal system, reparations and alternative justice approaches. These matters are clustered into 5 key areas:

formal justice,
traditional justice,
nation building and reconciliation,
amnesty
and reparations.

The ultimate goal of the NTJP is to pave the way towards achieving peace, stability and social cohesion in Uganda. Why does a Transitional Justice Policy matter? The adoption of the NTJP raises hope in Uganda; especially for the victims who, for the past two decades, have been left with uncertainty on whether, when and how past violations committed against them would be dealt with. The text also provides an overview of how the relevant stakeholders can contribute to its implementation. The Policy specifically notes that whereas the Government will provide an enabling environment for its implementation, it will be implemented under a multi-sectoral, multi-dimensional approach that involves collaboration between various stakeholders. The necessary funding will not only come from the government itself but also from Civil Society Organisations (CSOs), development partners and other non-State actors in the private sector. The long walk to adoption The development of the NTJP originates from a broad consultative, participatory and inclusive process based on studies and research undertaken by the Justice Law and Order Sector (JLOS), as well as consultations with and by CSOs. In the early stages of formulation, the JLOD garnered views and contributions from civil society through its Transitional Justice Working Group initiative. It was later transformed into a Plenary, limited to only Government officials and consequentially eliminating CSOs from the process. In order to keep the momentum of the advocacy, CSOs took initiatives to hold consultative meetings within their networks and provide feedback to JLOS. They advocated for the adoption of the policy through providing platforms for stakeholders, including Members of Parliament through the Greater North Parliamentary Forum, and pushed to fast track its development. What next? In order to achieve its objectives, the NJTP implementation should not be delayed any further and it is important that some of its areas be clarified. First, the Ministry of Internal Affairs, which was entrusted to lead the implementation, should set up an effective coordination structure, able to implement policy directions across sectors and to coordinate the respective contributions of the multiple actors involved. In particular, the coordination structure should organize the participation of civil society organizations, as they have built strong and reliable interface with the policy’ beneficiaries in post-conflict areas, particularly with victims of human rights violations. Second, the policy, albeit a general framework, defaults a considerable part of its implementation modalities on the adoption of complementary legislations. Amongst others, the Policy makes the adoption of a Transitional Justice Act, and legislations on Witness and Victim Participation, Traditional Justice Mechanisms, and comprehensive reparations, preliminary requirements to its own implementation. Given the protracted process that led to its adoption, further bureaucratic delays could only add up to the general sense of fatigue among TJ stakeholders, victims in particular. Finally, the reparation area of the policy remains quite vague. The idea of a reparations fund, mentioned in earlier drafts of the policy, has now been left out from the final text, as the NTJP refers to a ‘consolidated fund’ without further details. The policy is further silent on the question of court-ordered reparations for victims of past atrocities and ignores the concrete avenues for victims to obtain reparations (including but not limited to financial compensation) through court processes. Overlooking the question of reparations would jeopardize the Policy’s objectives. Indeed, victims in Uganda have made it clear that they expect reparations above all other outcomes of their participation in accountability processes. The absence of a perspective on reparations is thus likely to take away victims’ main rationale to participate in criminal proceedings, a key element not only in fostering the fight against impunity but also in enabling criminal justice to fulfil its reconciliation and restorative functions. Continue reading

Fatigue among the victims Regarding the case of Thomas Kwoyelo

Posted on 15 May 20198 July 2021 by severined

Kampala, 16 May 2019 – 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 (ICD). Last April, ASF led joint efforts with the Victim’s Counsel, the ICD Registrar and the International Center for Transitional Justice (ICTJ) to inform the victims’ communities of the latest trial developments, while collecting and relaying their views to relevant instances. During the various sessions held within the communities of Obiangic, Abera, Lamgoi, Perecu and Pabbo, many participants deplored their lack of information about the developments in the case. At the same time, a substantial number of them showed a rising loss of interest in the case. As put by one of the participants:

“This meeting is not important to us. We need to hear only results from the trial. This trial has been ongoing for so long. It should end soon so that we can get compensation for the harm we suffered.”

Perceivably, this attitude arises from the lack of direct involvement in the case as well as the protracted trial process which commenced in July 2011. The legal entitlements encapsulated in the various statutes providing for participation of victims are at risk of being rendered meaningless if these concerns are not addressed. The fact that victims keep suffering from the conflict’s aftermath (orphans unattended for, physical and mental impairments, etc.) only adds to the risk of diminishing the worth of legal proceedings to their eyes, as they are no longer seen as likely to improve the victims’ current condition. While an important complement to truth seeking and justice efforts, interim measures, projects and interventions by both government and non-government actors have either beeninsufficient or ineffective in meeting the victims’ most basic needs. Besides, whereas the call for accountability is resounding in many victims’ communities, there concerns towards reparations are also consistently brought up: whowill receive reparation, who will pay them and what form will these reparations take?

Beyond legal entitlements, criminal processes can only achieve restorative and healing functions if perceived as meaningful by victims and their communities.In the instant case, this can be done by:

Ensuring constant and meaningful interaction between the victims and their legal counsels, since the latter ensure their participation in the trial.
Managing victims’ expectations regarding participation in the trial and ensuring that victims understand the scope of their own agency in the justice process before the ICD: this also implies for the ICD and the Government of Uganda to clarify some relevant aspects of victim participation, suchas their right to reparation.
Promote victims’ agency in exercising their participation rights: proposed efforts include physical attendance of the trial to follow court proceedings by victims through representatives.
Better target interim support to victims: pending completion of the trial, there is a need for meaningful, effective and holistic interim efforts to support the victims where it matters the mostto them. ASF continues to advocate for the adoption of the draft Transitional Justice Policy in this regard.

Victim participation-related provisions and the incorporation of international criminal principles into the Ugandan domestic legal systemhave opened up unprecedented possibilities for victims to obtain justice in Uganda. As those are being used for the first time in the Kwoyelo trial, it is crucial that the right precedents are set so that victims’ right to participation can be considered a meaningful part of Transitional Justice efforts in the country.

Pictures © ASF

A trial for history: Thomas Kwoyelo in Uganda

Posted on 20 September 20188 July 2021 by severined

Kampala, 20 September 2018 – 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. Who is Thomas Kwoyelo? What is the case about? Romain Ravet: Thomas Kwoyelo, alias Latoni, is a former LRA commander who surrendered to the Uganda People’s Defense forces in 2009. According to the prosecution, he was enlisted into the Lord’s Resistance Army (LRA) under the command of Joseph Kony and rose through the LRA ranks to become a ‘colonel’. Kwoyelo led a series of attacks, between 1993 and 2005, on the Abera Village and the Pagak and Pablo camps for internally displaced people, in what is today the Amuru District. The attacks resulted in abductions, killings, maiming and the torture of dozens of people, including women and children. In 2011, the Constitutional Court granted Kwoyelo Amnesty but, in 2015, the Supreme Court overruled it and held that he could be tried for acts committed outside “furtherance of the war”. case has been pending before the International Crimes Division, the domestic court with jurisdiction in crimes against humanity and war crimes in Uganda. The case started in 2011. Why is it taking so long? R.R.: Firstly, the issue of amnesty has proven complex to deal with. In 2000, a law was passed (and renewed since) to grant amnesty for all LRA soldiers who gave up their weapons. This law was instrumental in undermining the LRA and bringing about the peace negotiation process. However, the law conflicted with several provisions of the ICC Act and the Uganda constitution as it gave “a blanket” amnesty for all acts committed during the conflict, including crimes against humanity and war crimes. The debate hit a sensitive cord and got caught up in the classic peace versus justice dilemma. It took several years for the Supreme Court to clear the legal aspects and establish an exception to the amnesty law for specific crimes. Secondly, this case is the first ever to be tried under the ICD Rules of Procedure and Evidence, a special set of rules that aim to bring the ICD up to the standards of international courts. As a party to the Rome Statute, the ICD answers to the principle of complementarity, i.e. it has to be capable of dealing with cases of genocide, war crimes and crimes against humanity with the same standards as the International Criminal Court (ICC). The case is taking a long time because it creates unprecedented situations for the ICD. In 2016, the ICD started dealing with the pre-trial, a preliminary phase which seeks to establish “sustainable ground to believe” in the charges brought by the prosecution. This is more difficult than it sounds, because the charges against Kwoyelo are drawn from international law, which makes their application before a domestic court questionable. Likewise, in 2016, the pre-trial judge granted Kwoyelo’s alleged victims the right to participate at all stages of the proceedings. In a country where the criminal system is essentially suspect-centered, this ruling has broken new grounds, for which no playbook exists; the ICD has to innovate and create its own precedents. However, the pre-trial has shown that the ICD lacks the means to fully achieve this enormous task. For instance, the judges that make up the Court are not appointed full time to its work. For instance, the pre-trial judge has to combine her task with her daily management of the Mbale High Court, six hours drive away from Kampala. Additionally, the ICD has to implement new concepts, such as the participation of victims, which requires access to specific technical and material resources. Despite efforts from INGOs and development partners, these resources remain limited.

Community dialogue organised by ASF around the upcoming trial © ASF/R. Ravet

What happens next? R.R.: On 30 August, the ICD confirmed 93 counts of crimes against humanity, war crimes and other alternative crimes against Kwoyelo; his case now goes before a panel of three judges. This is what the ICD calls the “main trial”. The Court now has to hear evidence to determine Kwoyelo’s guilt “beyond reasonable doubts”. As ASF, we are mainly concerned with the effectiveness of the victims’ right to participate in the main trial. This entails two important elements: the victims’ participation in the hearings and the victims’ ability to seek reparations if the accused is convicted. ASF supports the two counsels appointed by the Court to represent the victims. We have filed applications for 98 victims to participate in the proceedings but their approval is still pending. We also support the counsels in reaching out to the victims to update them about the proceedings and collect their expectations. Victims are eager to participate in the case, yet their participation raises questions of material facilitation and security. ASF is also giving technical assistance to the Court and has mobilized civil society to cover some of these needs, but we cannot substitute for the State’s duty to implement the 2016 pre-trial ruling. In terms of expectations, our research shows that victims expect reparations above all. The accountability aspect is secondary for them, as communities remain divided on this case. Many in Northern Uganda remain sympathetic to the LRA cause (which does not mean they approve of their crimes) and even more people are skeptical about the relevance of trying Kwoyelo through the formal justice system; some would rather see him undergo traditional Acholi rituals of reconciliation and punishment. Therefore, the victims’ main interest is to get compensation for the harm they suffered. ASF has published Guidelines on court-ordered reparations that clarify all existing legal options. Options do exist, but if compensation depends on Kwoyelo’s solvency, this aspect will remain virtual. Beyond participation of victims, are there other challenges for the trial? R.R.: Of course! This case is a test-run for the ICD. It will have to demonstrate its ability to live up to international standards in all matters. Notably, the case of the prosecution relies heavily on witness testimony. As the Witness and Victim Protection Bill and the Witness and Victim Protection Unit are not in place, the prosecution is preoccupied by the safety of its witnesses. As for the defense, they also feel the consequences of the lack of the state support to the ICD. Kwoyelo’s counsels find it difficult to access possible witnesses for the defense and struggle with issues of translation and interpretation. All rulings, including the confirmation of charges, are in English, a language Kwoyelo does not understand. There again, civil society is trying to help but this is a State’s duty. What do you recommend going forward? R.R.: The ICD needs the full support of the Uganda government and other stakeholders. The Judiciary is concerned with giving this trial means that ordinary trials do not get. Yet, this trial is special in all aspects. The ICD’s ability to deal with international crimes will directly affect other pending cases, notably the Mukulu case which has huge implications for ongoing regional conflicts. Most importantly, many people in Northern Uganda rely on the trial to help them heal and move forward with their lives. The international community is also watching to see if the ICD will meet the test of complementarity with the ICC. Even if Kwoyelo gets convicted, victims have almost no chance to get compensation unless the State develops a special fund. A cynical rumor is spreading in Northern Uganda that one had better be “a victim of Ongwen than of Kwoyelo”. This is a dark expression of the victims’ frustration but it is also telling of the stakes at play. People affected by the conflict still live with open wounds, figuratively and literally. The narratives around the conflict are plural and complex: victims blame the State nearly as much as the LRA for their dire situation. The heated debates and the hopes of the early 2000s have given way to pessimistic discourses among the affected communities, people despair that the State has not done enough to help them recover from the conflict. The trial is a double-edged sword: its failure could widen the gap between the Northern population and the government but its success could help restore their relationship and bring some closure on the crimes of the past. Meaningful participation of the victims might be the factor that tips the scale in one direction or the other. >> Contact Romain Ravet, ASF’s Country Director for Uganda >> Download ASF’s observation report of the 24 and 25 September 2018 audience >> Download ASF’s brochure about the trial and the work of the ICD

Cover picture © ASF, Gulu, September 2016

Tunisia: a crucial period for transitional justice

Posted on 13 March 20188 July 2021 by severined

Tunis, 13 March 2018 – Established in 2013 to steer the transitional justice process in Tunisia, the Truth and Dignity Commission (Instance Vérité et Dignité, IVD) has begun the final year of its mandate. The first trials relating to human rights violations committed during the dictatorship will begin soon in special courts. At this crucial time, ASF co-organised a national conference last week: “The role of civil society and of the state in achieving the objectives of transitional justice post-IVD.” With this conference, ASF and its partners set out to take stock of progress in the work of transitional justice, identify the priorities for the coming months, and clarify the role of civil society and of the state in the wake of the IVD’s work. There was, sadly, a very limited attendance by state representatives at the meeting. During the inaugural session, eminent speakers raised various issues of a highly political nature. Among these was the announcement, on 27 February last year, of the IVD’s decision to extend its mandate by a year. “Samir Dilou, a current member of parliament and a former Minister of Human Rights and Transitional Justice, expressed his views on the subject during the conference,” explains Antonio Manganella, ASF Country Director in Tunisia: “He reminded those in attendance that the organic law governing transitional justice is very clear on the subject. The IVD is autonomous and thus is not required to submit a request for authorisation to the parliament to extend its mandate.” The Chief Justice of the Court of Cassation and the President of the Tunisian Bar Association insisted, respectively, on the need to reform the legal system in order to sustainably guarantee the independence of the judiciary, and on the importance of the role played by lawyers. Three workshops followed, addressing the main areas of transitional justice: legal activities and the establishment of the truth, reparations for victims and the establishment of the Fonds de la Dignité (fund for dignity) and of guarantees of non-repetition, and proposals for reforms for the IVD to propose in its final report. Prepared in collaboration with the Commissioners of the IVD, these workshops enabled the participants to take part in constructive discussions on the progress of the work of the IVD and on the main issues in the field of transitional justice. They resulted in a series of recommendations and conclusions, which will be monitored by civil society actors. “This conference was held at a crucial moment in the transitional justice process,” explains ASF Project Coordinator Amine Thabet. The special courts are due to begin their hearings within the next few weeks: the first case involving serious human rights violations that occurred during the dictatorship has just been submitted by the IVD to the Gabès court of first instance. “ASF will monitor the trials in order to assess their conduct in terms of guarantees for victims and respect for the principles of a fair trial.” >> Further reading: the ASF report on the beginning of transitional justice legal proceedings in Tunisia.

The conference on “The role of civil society and of the state in achieving the objectives of transitional justice post-IVD” was organised by ASF, the IVD, and the member organisations of the Comité de suivi pour la justice transitionnelle (transitional justice monitoring committee): the Association de Défense des Libertés Individuelles (association for the defence of individual freedoms), Al-Bawsala, the Tunisian Order of Lawyers, the World Organisation against Torture, the Alkarama Foundation, the Réseau Tunisien pour la Justice Transitionnelle (Tunisian transitional justice network), and Labo’ Démocratique (the Democratic Lab).

Pictures © IVD

Victims’ legal representation raised at the 16th Assembly of States Parties to the Rome Statute

Posted on 18 December 20178 July 2021 by severined

Brussels, 18 December 2017 – 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 (ICC), the International Crimes Division (ICD) in Uganda, and the Special Criminal Court (SCC) in the Central African Republic (CAR).

This event was an opportunity to take stock of practices relating to representation for victims in criminal procedures involving serious crimes. Victim participation constitutes one of the greatest advances in international criminal law, the catalyst for which was undoubtedly the Rome Statute. Its provisions on the subject have since influenced many hybrid and domestic jurisdictions, established or mandated to pursue international crimes. Victim participation was thus recently introduced before the ICD in Uganda, where the common law system limits victim participation in criminal matters to a victim impact statement. However, the participation of victims is not uncomplicated in practice, for example, when it comes to their representation by a lawyer. The ICC constantly employs joint legal representation of victims, which was made possible by the Rome Statute. The Ongwen case in Uganda, however, revealed the limits of the approach adopted by the organs of the court, when legal aid was initially refused to victims who had chosen Ugandan representation (more than 2,600, currently), the court favouring instead the Office of Public Counsel for Victims. The difficulties encountered by victims before the ICC can provide lessons for developing the regulatory frameworks of other jurisdictions, such as the SCC in CAR, whose draft Rules of Procedure and Evidence also provide for the possibility of joint legal representation. However, the composition of the SCC’s special body of lawyers, which will provide representation for the accused as well as for victims, raises numerous questions, starting with the balance between national and international lawyers and the conditions for legal aid. Data collected by ASF in the field reveals many issues of representation faced by these lawyers, in a context that is marked by severe ethnic tensions, which will no doubt be at the heart of the SCC’s work. It is therefore crucial that the SCC take these issues into account in the development of its activities, to be better able to overcome them and thereby contribute to strengthening the legal system as a whole. While the victims of international crimes can be limited in their choice of representation for logistical and financial reasons, legal representation ultimately requires a relationship based on trust and transparency between lawyer and client. This relationship is key to seeking justice, the ultimate aim of which should be the delivery of reparations that are appropriate to the damage sustained, based on the wishes and expectations of victims. The parallel event received support from the governments of the United Kingdom and Finland and was organised with the help of the Victims’ Rights Working Group. >> Download the programme for the parallel event (PDF) Continue reading

ASF support provided to the International Crimes Division in Uganda

Posted on 28 August 20178 July 2021 by severined

Kampala, 28 August 2017 – Since 2012, ASF has been supporting the International Crimes Division (ICD) in Uganda. Formerly known as the War Crimes Division, 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, genocide, terrorism, human-trafficking, piracy, and other international crimes. Given Uganda’s history of violent conflicts such as the notorious civil war with the Lord’s Resistance Army, the ICD plays a critical role in delivering justice in relation to past atrocities in the country. The creation of the ICD raised high hopes for a swift domestic accountability process but, as a newly created jurisdiction, the ICD had to undergo a preliminary stage of technical development. “ASF stepped in to provide technical expertise and support for the development of the ICD Rules of Procedure and Evidence, the ICD Bill, and subsequently, guidelines for the functioning of its Registry,” explains Romain Ravet, ASF Country Director in Uganda. Highly technical in nature, these three forms of input were necessary in order for the court to function sustainably and pass decisions which conform to the rule of law. Furthermore, in order to open up discussions around reparations for victims, ASF undertook the development of principles on court-ordered reparations. In addition to the need for technical development,awareness had to be raised about the ICD’s mandate. “Judicial processes are often hard for the general population to understand. However, the success of the ICD, the cornerstone of transitional justice, lies in its ability to mobilise the victims of past atrocities in the accountability process,” adds Mr. Ravet. ASF took part in the live-screening of proceedings, and providing feedback to communities about ongoing cases. In addition, ASF continues to work with lawyers of the victims in the Thomas Kwoyelo (former commander of the LRA) case.

In 2015, ASF conducted community outreach activities with the ICD team, which is comprised of ICD judges, prosecutors, victims’ lawyers, and police officials, as a way to foster interactions between judges and communities and disseminate material providing information about the role of the ICD. Established six years ago, the ICD is still a young court. Its mandate is very relevant to the needs in relation to transitional justice in Uganda and many expect the court to deliver tangible results soon. As the pre-trial phase of the Thomas Kwoyelo case is taking longer than expected, support for the ICD should be increased. ASF urges the Ugandan government and all concerned partners to allocate sufficient resources to the ICD. This will enable the court to pursue completion of the pre-trial phase in the Thomas Kwoyelo case and its eventual trial. The ICD should be a fully functional court and its units should have qualified staff. Currently, the court has no unit for victim and witness protection, among other missing units. Continuous support for the ICD is crucial to its success and to the success of the transitional justice process in Uganda. >> To learn more about the ICD and how it works follow the link.

Cover picture: ASF Uganda staff hosted the ICD team at their new office in Naguru to discuss the finalised ICD Registry Guidelines and other topics. Present were (from right to left) Her Worship Harriet Ssali, Jane Adong, Diana Natukunda, Justice Elizabeth Nahamya, Justice Moses Mukiibi, Romain Ravet, James Nuwagaba, and Philippa Bogere © ASF

A beggar has no choice

Posted on 12 July 20178 July 2021 by severined

Kampala, 12 July 2017 – 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 (LRA). 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. What is the main finding of ASF’s study A Beggar has no Choice? ASF’s Country Director Romain Ravet: Our study highlights the need victims have for compensation for what they lost during the war. It emphasises that they be recognised as victims who suffered loss and are entitled to these reparations. During the consultations, we came to the unfortunate realisation that most victims view themselves as ‘beggars’. They are not beggars. They are rights holders who need to be recognised as such. Yet, they face a great deal of injustice because not only have they suffered from crimes in the past but they today struggle with daily life as a result of these past crimes. For instance, many women have endured sexual violence which is a highly traumatic experience. Yet, as they are not being recognised as victims of these crimess they do not benefit from support in trauma healing or caring of the children born of war or rape. This is highly problematic: as unrecognized victims of traumatic crimes, these people are marginalised, in the Ugandan society. So, to be clear, what crimes are you talking of and how would one get about repairing them? The Lord’s Resistance Army (LRA) insurgency in Northern Uganda took place over a period of two decades starting in 1987. In January 2004, the Government of Uganda referred the LRA situation to the International Criminal Court (ICC). Upon investigation by the ICC, the LRA commanders were charged with allegedly committing war crimes and crimes against humanity. The results of these atrocities left many victims wounded physically and psychologically. There is dire need for psychosocial support to heal their minds and enable them to become fully functional members of their community. There’s also a need for access to public services, clean water, vocational training for their children, and agricultural tools to mention a few. ASF’s study details their needs and how these needs can be provided. What is causing this delay in the implementation of reparations for victims of crimes? There is a draft Transitional Justice Policy which is supposed to set up comprehensive mechanisms for truth telling, reconciliation, accountability and reparations of past crimes but it has not yet been tabled before Parliament. However this should not be an excuse for victims not to be granted reparations. Through various consultations, victims have clearly stated what it is they need. Government, civil society, development partners and other concerned stakeholders should come in to provide tangible support to victims. Government development programs are a responsibility of the sitting government to its citizens and should not be viewed as reparations. In what ways do you think providing reparations will restore victims’ dignity? No reparation can fully restore victims’ dignity, but some measures can bring relief to them. Providing free education to their children will allow them to envision a better future for themselves and their children. Better health services will physically relieve them of pain they are suffering and allow them to work to make a living. For instance one victim said she could no longer dig in her garden because of the physical pain she still lives with from the gunshot wounds. Lastly, victims today live in a marginalised situation. There‘s an urgent need to empower them so their voices can be heard again. We believe that the law is a very adequate language to voice one’s needs and aspirations. Being able to frame one’s claim with legal standards does a great deal to get the claim across to and understood by the actors which bear the duty of guaranteeing human rights. As such, we believe that it is crucial to turn victims of atrocities into active right-holders, able to function within the Uganda society by being aware of their rights and being accompanied into claiming them. What is ASF’s final plea to Uganda’s Government and Parliament, to CSOs and development partners regarding reparations for victims? ASF would like to make a plea to listen to the victims voices. They have specific needs and some of the support being offered is not compatible with their reality. ASF would also like to suggest that tangible long term support is offered in lieu of one-off efforts. **** ASF has actively pushed for victim participation before the International Crimes Division (ICD) of the Ugandan High Court through spearheading the development of the Rules of Procedure and Evidence for the ICD, draft ICD Bill and the draft ICD Registry Guidelines. All these documents include provisions on how victims can participate before the courts and how best they can be represented. ASF has also worked closely with victims lawyers in the Thomas Kwoyelo case through training and trial monitoring. Most importantly, ASF has interfaced with victims through outreaches and information sessions where victims are empowered to know their rights. The study A Beggar has no Choice was made possible with the support of the MacArthur Foundation.

Human rights: Tunisia under scrutiny

Posted on 2 May 20178 July 2021 by stagiairecom

Tunis, 2 May 2017 – Tunisia is today presenting its human rights record at the Universal Periodic Review initiated by the United Nations Human Rights Council. Avocats Sans Frontières, along with other civil society organisations, has contributed to the event by means of an alternative report. ASF is in particular calling for the withdrawal of the economic and financial reconciliation bill that would enable the legal proceedings against corruption, launched since the departure of the former president Zine el-Abidine Ben Ali six years ago, to be closed down. The aim of the Universal Periodic Review (UPR) is to examine the human rights situation of United Nations Member States every four years. This is the third time that Tunisia has been subject to this review. The process consists of a peer review (by the other States) of the country’s fulfilment of its commitments to respecting and promoting human rights. National and international civil society contributes to this process by writing alternative reports that are taken into account during the examination. Avocats Sans Frontières (ASF) is one of the NGOs that contributed to this report. In conjunction with five of its partners,* it shared a number of concerns regarding the transition to democracy and establishing the rule of law in Tunisia with the United Nations Human Rights Council. In particular, ASF calls on the Tunisian State to go still further to combat impunity, which should be one of the main priorities following the revolution. The so-called ‘economic reconciliation’ bill that was introduced in 2015 and is again being debated in Parliament today is not an encouraging sign in this regard. If adopted, it would grant amnesty to directors, civil servants and businessmen accused of corruption or misuse of funds. The thousands of legal proceedings launched since 2011 would be abandoned, stripping transitional justice of its substance along with its mechanisms for uncovering the truth, for arbitration, mediation, reparation, institutional reform and for ensuring that the crimes of the past will not be repeated. In addition to strongly calling for this bill to be withdrawn, ASF and the other organisations that drew up the report have highlighted the need to guarantee the freedoms of opinion, speech, association, assembly and demonstration, to abolish the death penalty and the use of torture, and to guarantee and protect the equality of women and the LGBTI community and prevent discrimination against them. The result of the UPR is a document that lists recommendations for the State in question to implement, which must then be demonstrated at the next review. All the documents regarding Tunisia’s current and previous examinations are available on the website of the Office of the United Nations High Commissioner for Human Rights. * The International Federation of Human Rights, the World Organisation Against Torture and the Tunisian organisations Doustourna, the Association for the Defence of Individual Freedoms and the Tunisian Association for Justice and Equality.

Picture: “There is much left to do…” The civil society organisations are more mobilised than ever in working to guarantee the respect of human rights in Tunisia.

Category: Transitional justice