NATIONAL RECONCILIATION & TRANSITIONAL JUSTICE AUDIT

1. NATIONAL RECONCILIATION &TRANSITIONAL JUSTICE AUDIT BRIEF 13 of 18: MUBENDE DISTRICT BEYOND JUBA PROJECT www.beyondjubaproject.org 2011 -2012

2. BRIEF 13 of 18: Mubende 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

3. BRIEF 13 of 18: Mubende 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.

4. BRIEF 13 of 18: Mubende 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

5. BRIEF 13 of 18: Mubende 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?

6. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 DISTRICT INFORMATION Mubende has been a district since Independence. It is located in central Uganda and is named after its chief town, Mubende. In july 2005, as a result of the Government’s policies of decentralisation and districtisation, Mubende District was reduced in size when Mityana District was carved out of it. Mubende District is bordered by Kyankwanzi District to the north, Kiboga District to the northeast, Mityana District to the east, Gomba and Sembabule Districts to the south, Kyegegwa District to the southwest and Kibale District to the northwest. The major economic activity in Mubende District is agriculture with a traditional emphasis on food crops like groundnuts, beans, onions, cabbages, tomatoes, maize, sweet potatoes and cassava. There are also a significant number of immigrants in the district, the majority of whom are cattle keepers. Mubende District has a total population of approximately 588,300. The main tribe in Mubende is the Baganda, followed by the Banyoro, Banyakole, Banyarwanda and Bakiga. Map of Uganda showing Districts Accessed at http://1.bp.blogspot.com/_bsw9fKc0A6w/TNwg89BAzSI/AAAAAAAAAFI/1z4b-pgdYF4/s1600/map.JPG

7. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Introduction This field brief is based on focus group discussions (FGDs) and key informant interviews (KIIs) conducted in Mubende Town and Kiyuni Sub-County, Mubende District, between February 14 and 20, 2012. The preliminary findings below reflect opinions expressed in all the FGDs and key informant interviews. The field brief reflects conflict perspectives and opinions as narrated by the FGD participants, which are not necessarily those of the Refugee Law Project (RLP) or its funders. The research team was comprised of Wamimbi Jimmy, Veve Richard, Aliobe Joan, OkotBenardKasozi (team leader) and Opiny Shaffic (video advocacy). This briefing note was written by OkotBenardKasozi with valuable input from Annelieke van de Wiel and Kari Griffiths, all of the RLP.

8. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 LOOKING BACK Past

9. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Is there peace in Uganda? Participants viewed peace in Uganda broadly from a social, political, and economic perspective and the majority stated that, taking into account all of the above, Uganda is not at peace. At a national level, the participants pointed to an increase in riots, strikes and the mounting pressure from groups agitating for reforms or regime change in Government, the Government buying fire arms and the deployment of militias throughout townships, the rising cost of living, and political fights between top Government officials as indicators that the country is not at peace. At a regional level, there are still rebel groups such as the Allied Democratic Forces (ADF) in Western and Central Uganda, and the Lord’s Resistance Army (LRA) in northern Uganda. All have been disturbing peace in Uganda. Peace at the district level has been affected by political fights between leaders of different political groups, as well as by land conflicts, youth unemployment and the spread of HIV/AIDS by Uganda People’s Defence Force (UPDF) soldiers. At village and household levels, there is also no peace because of land conflicts, the use of witchcraft, living with active ADF collaborators in the village, and conflicts between migrant cattle keepers and native cultivators. Please remember that this brief reflects community perspectives on national issues.

10. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Is there peace in Uganda? (cont.) Those who do enjoy peace, however, are some rich Government officials, since they have all they need to live peacefully. Much as there seems to be no peace in Uganda, the adult participants revealed that the current situation cannot be compared to that of past regimes where violence was perpetrated openly. This argument was, however, challenged on the basis that rich ministers and generals feel insecure as they have acquired their wealth through corrupt means. As a result, they are concerned that their property could be destroyed by angry masses. For that reason, they may fund another rebellion in order to regain power and protect their wealth, in the case of regime change. This could lead to another surge of open violence. A UPDF officer from Mubende barracks commented that “the incumbent government has embezzled too much money to the extent that even if it is toppled militarily, my fear is that it has the financial capacity to fund another come-back rebellion that can still destabilise peace in Uganda. Please remember that this brief reflects community perspectives on national issues.

11. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Conflicts Timeline: National Level 1966 1967 1971 1979 1980 1981 1985 1986 1987 2009 2010 2012 The Kabaka Crisis (1966): In 1966, IdiAmin Dada, then army commander, led the national army to attack (the then President) Kabaka Fredrick WalugambeMuteesa II’s palace in Mengo, destroying many lives and property and eventually forcing the Kabaka to flee into exile. He did this under orders from Sir Milton Obote (then Prime Minister). This action brewed a lot of hatred and opposition to Obote’s Government from the Baganda who accused him of deposing their King, abolishing the Kingdoms and being responsible for the Kabaka’s mysterious death in exile. Abrogation of the 1962 Constitution of Uganda by Obote (1967): The 1962 Constitution was said to have been pro people. However, when Obote amended it he gave himself a lot of powers that favoured his Uganda People’s Congress (UPC) party. The subsequent absence of the rule of law paved the way for abuses and violations of people’s rights. Coup by Amin that led to the overthrow of Obote I (1971): Amin, who had been used by Obote against the Kabaka, now turned his guns against Obote, accusing him of tribalism. The coup happened when Obote was attending the Commonwealth Heads of Government Meeting in Singapore. Amin deposed Obote and declared himself the President of Uganda. Shortly after Amin became the President, Ugandans began to experience a reign of terror, despotism and oppression, characterised by a total breakdown of the rule of law. Military overthrow of Amin by a coalition of the Uganda National Liberation Army (UNLA) fighters and Tanzania People’s Defence Force (1979): From 1971 to 1979,Amin’s regime was characterised by mass human rights violations and anarchy that provoked both national and international concern. By 1979 the situation had become unbearable so the UNLA together with FRONASA and the Tanzania People’s Defence Force launched a combined military expedition that ousted him from power in 1979. Election malpractice (1980): The 1980 general election was said to have been rigged by the UPC who were declared the winners. The results were contested by other parties such as the Uganda People’s Movement (UPM). This prompted Museveni, who had participated in the elections under UPM, to rebel and fight Obote II’s and later Tito OkelloLutwa’s Government. West Nile Bank Front (WNBF) led by Moses Ali(1981): The WNBF was comprised of Amin’s former soldiers who came together after the overthrow of Amin by the coalition of UNLA and Tanzanian forces.The participants had limited knowledge about this group but noted that it later joined NRA Bush War. National Resistance Army (NRA) Bush War by Museveni (1981-86): Following the bitterly disputed 1980 elections, Museveni declared an armed rebellion against Obote II and his UNLA (now the national army). The rebellion caused national insecurity and mass displacement, especially in the Luwero Triangle area. Military coup against Obote II’s Government by Tito Okello (1985): Tito, a commander in Obote II’s Government, organised a military coup that ousted Obote. Following Obote’s defeat, Tito Okello’s military government reigned from July 1985 to January 1986 when it was overthrown by Museveni’s NRA (now the national army). NRA military takeover (26 January 1986): Museveni’s armed struggle to overthrow the Government that started in 1981 succeeded in 1986 when the NRA defeated the UNLA, Tito Okello’s national army. Okello’s government was overthrown and Museveni was declared President in 1986. Many former UNLA fighters fled to different hideouts especially in northern Uganda and southern Sudan where they regrouped and formed different rebel groups to fight the NRA. This brought insecurity especially in northern and eastern Uganda. The Holy Spirit Movement (1986-7): The Holy Spirit Movement led by Alice AumaLakwena was most prevalent in Kitgum District and later in eastern Uganda where the fighters were later defeated by the NRA. Corruption (1986 to date): Unending corruption in the public and civil service has resulted in deficits in the delivery of services throughout the country. This is breeding resistance to the current regime which is detrimental to peace and security in Uganda. Lord’s Resistance Army (LRA)(1987 to date): The LRA, led by Joseph Kony, started in northern Uganda. The conflict continues up to now. Kabaka riots (2009): Chaos and riots manifested in Buganda when the incumbent Government stopped the Kabaka from going to Kayunga and Bugerere on a routine visit to his subjects. This was said to have been politically influenced and the participants accused the Government of forcing a marginalised group in Kayunga, the Banyala, to break away from Buganda as a move to destroy the Kingdom and disunite the people. Burning of the Kasubi tombs (2010): In 2010 the Kasubi Tombs (where the Baganda royal family lays) were burnt. The participants suspected that the Government had a hand in it. This has further strained the relationship between the Baganda and the incumbent government. Worsening Economic Situation(2010 to date): The increasing rate of inflation has had an adverse impact on people’s livelihoods. The feelings of discontent culminated in the ‘Walk to Work’ demonstrations and numerous strikes, for example those of teachers and lecturers. Please remember that this brief reflects community perspectives on national issues.

12. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Conflicts Timeline: Regional Level 1998 1999 2012 Allied Democratic Forces (ADF) led by JamilMukulu (1998-9): The participants said that in 1998 the ADF was formed in the Rwenzori region. It later spread to other districts such as Mubende District. Please remember that this brief reflects community perspectives on national issues.

13. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Conflicts Timeline: District Level 1990 2006 2007 2012 Conflict between the natives (Baganda) and the immigrants (Congolese, Bafumbira, Bakiga, Banyankole, Banyarwanda, and Batoro) (1990 to date): Immigrants from Congo, Rwanda and western Uganda have different cultural practices, norms and economic activities. The natives are cultivators while the majority of immigrants are cattle keepers. The pastoralists let their cattle stray and graze in the cultivators gardens yet they do not compensate the cultivators for the damage caused by the cattle, sparking off conflicts between these two groups. Political conflicts between leaders of different political parties (2006 to date): The conflicts between the leaders and supporters of different political parties have caused hatred and division in the district along political party lines. Land conflicts in Madudu Sub-County (2006): Land conflicts have been present in all sub-counties but they are particularly bad in Madudu Sub-County, where there were mass evictions and physical fights between landlords and squatters. There is also a conflict between Mengo (the Buganda Government) and the locals over ground tax locally called Busulu (in particular over the amount charged and the way/process of tax collection). The locals claim that those who cannot pay the Busulu are either evicted or their land is sold to rich people. This has caused a big rift between the Buganda Kingdom and the Baganda locals. A conflict between investors and locals in Mainzi Sub-County has culminated in mass evictions. The incursion of ADF into Mubende District (2007): The ADF under the leadership of JamilMukulu penetrated Mubende District, concentrating their operations in Kiyuni Sub-County. They committed a number of atrocities including the killing of civilians, displacement and the abduction and conscription of children as child soldiers. They were, however, driven away from the area in 2008. The community said that some remnants and active collaborators are still in the area, posing a great security threat today. Please remember that this brief reflects community perspectives on national issues.

14. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Conflicts Timeline: Village Level 1986 1995 2012 Witchcraft (1986): Witchcraft was noted to be a very serious conflict at the community and household levels. Most prosperous people in the villages are said to have attained their riches through witchcraft. Witchcraft, including child sacrifice, arose as a result of rampant poverty and unemployment. Domestic violence (1986): An increase in poverty and alcohol abuse led to an increase in domestic violence which has now become common, affecting peace at the family level. Defilement and early marriage (1995): As a result of poverty, young girls are lured by the rich into sex, resulting in defilement and early marriage. Please remember that this brief reflects community perspectives on national issues.

15. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Causes & Impacts Discrimination and favoritismalong tribal and political lines Land evictions Election malpractice Causes Overstaying in power Failure by Musevenito implement his bush war agenda Alcohol and drug abuse Land evictions • Mob justice Erosion of culture Displacement of people Spread of HIV/AIDS Impacts • Migration of youth to towns Please remember that this brief reflects community perspectives on national issues.

16. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Causes of conflicts (CLICK once!) • The premature hand over of Uganda by the Britishin 1962: Participants argued that the British left only small amounts of money and did not build the capacity of Ugandan leaders to lead their own country and handle their own challenges. Shortly after 1962, the leaders started fighting amongst themselves and involved other citizens in their personal fights, creating national instability. • The abrogation of the 1962 Constitution in 1967 by Obote: This left the country without genuine rule of law, paving the way for excessive use of power by leaders, as well as for violent military coups • Overstaying in power: Several leaders, including Amin who declared himself President for life, have overstayed in power. President Museveni has also been talking about staying in power pakalast(forever). To date, there is mounting pressure to remove President Museveni from power because of his philosophy of pakalast. • Inadequate provision of social services: The participants cited mass anger as a result of inadequate social services. This may lead to a revolution or conflict by dissatisfied Ugandans against the incumbent Government if there is no immediate improvement in the economy and social service delivery. • Land evictions: Land evictions by the rich and by Government officials. “The rich have bought all the land and in future we are likely to have conflicts over land.” • Demonstrations by opposition political parties: As a result of a failure by Government to come to a consensus with opposition parties over leadership and other grievances there has been an increase in violence and instability in Kampala and other towns Please remember that this brief reflects community perspectives on national issues.

17. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Causes of conflicts (cont.) (CLICK once!) • Election malpractice, such as vote rigging in the 1980 contested election, propelled President Museveni to start his NRA bush war in 1981 • Failure by Musevenito implement his bush war agenda such as fighting corruption and allocation of jobs • Discrimination and favoritismalong tribal and political lines: A youth in Kiyuni Sub-County said that in Uganda there are two categories of people “Some people are natives of the country while others are owners of the country.” • Alcohol and drug abuse: Alcohol and drug abuse in Kiyuni Sub-County has triggered conflicts between married couples, destabilising peace at family level • Leadership struggles, growing unemployment and greed for power have all contributed to conflict. • Multi-party politics promoted discrimination along political party lines, thus contributing to conflict. Please remember that this brief reflects community perspectives on national issues.

18. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Impacts of conflicts (CLICK once!) • Loss of lives: Conflicts led to the loss of many people’s lives • Loss of Kichwamba Technical School: The ADF burnt Kichwamba Technical School in Kabarole District • Rape: Women and girls were raped by rebels, causing a lot of trauma and diseases such as HIV/AIDS • Migration of youth to towns: The youth migrated to the towns, for fear of being abducted by the ADF rebels. Most of them remained in the towns, working for example as bodaboda drivers. They now refuse to return to school. • Erosion of culture: Conflicts have played a big role in eroding cultures. For example, the abolition of kingdoms during Obote’s regime contributed to the erosion of cultures of the different kingdoms. • Expulsion of Asians: Amin’s expulsion of Asians led to economic war, hording of essential commodities and the collapse of industries in Uganda during the 1970s • Displacement of people: Conflicts led to the displacement of people and the creation of IDP camps • Evictions: Land conflicts have led to the eviction of the poor by the rich who have bought big chunks of land. As a result, the people who have been evicted have resorted to damaging and burning the rich people’s farms, plantations and forests. • Mob justice: People have resorted to using mob justice to settle land conflicts, leading to the killing of landlords by squatters. This has been evident in Madudu where a pastor was killed by the squatters for trying to evict them from the land. • Poverty: Poverty increased and so did robbery by youths as a result of unemployment • Spread of HIV/AIDS: There has been an increase in the spread of HIV/AIDS caused by the ADF rebels and UPDF soldiers in Mubende, especially in Kiyuni Sub-County • Female rebels: The killing of men and children by rebels drove some women from Kiyuni Sub-County to desperation and forced them to join the rebels • Orphans: There has been an increase in the number of orphans and other vulnerable people • Food Insecurity: There is food insecurity, leading some community members to collaborate with the ADF in order to get support Please remember that this brief reflects community perspectives on national issues.

19. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 STAKEHOLDERS Spoilers Peace Builders Conflicts Beneficiaries By-standers Victims Please remember that this brief reflects community perspectives on national issues.

20. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Victims The participants felt concerned that the legacy and impacts of conflicts in Uganda has left many people victimised. The following groups were considered victims of the different conflicts in Uganda: (CLICK once!) • Women were gravely affected during the insurgencies as the men would run away while the women remained behind to make sure that all the children were there before they fled. In the process the women were sometimes raped by the fighters • Children were raped which made them prone to diseases while others were denied access to education due to conflicts. Some children became orphans. • Youths were forcefully conscripted into the army as child soldiers and girls were abducted to serve as wives to rebel commanders • The elderly could not do anything for themselves and were often left behind during wars • People with disabilities suffered during conflicts as they could not easily run to safety • The general community lost their property, lives, children, wives and husbands • All political leaders in opposition and in Government see their lives, families and property in danger during and after conflicts • Farmers’ plantations are eaten by the rebels • Men are always at the forefront of fighting and sometimes end up losing their lives • The business community suffered because their goods were looted by rebels and thieves • Soldiers are always at the war front protecting the country. During insurgencies, many lost their lives and others became permanently impaired • Police also suffer, especially during demonstrations when the angry mobs turn against them Please remember that this brief reflects community perspectives on national issues.

21. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Perpetrators Participants identified the following as people/groups responsible for causing different conflicts: (CLICK once!) • Members of the media who write inciting articles and care about sales but not about accuracy • Political leaders, especially those who overstay in power, are responsible for the unending conflicts and demonstrations • Politicians who do not fulfill their promises have also fuelled conflicts as people will always rise up to claim what was promised to them • Rebel leaders such as Mustafa Jamil, Kony and Lakwena • Dictators who override the Constitution and rule by decree like Amin did • Donors who gave weapons to all sides • The previous colonial Government which still has an interest in things such as natural resources in their former colony • Drug addicts and drunkards who rape women, fight amongst themselves and generally are a social menace • Investors who take up land occupied by tenants and end up evicting them with little or no compensation • Co-wives who are at the heart of many domestic conflicts • The courts which fail to administer justice to all, as they administer it selectively to only those who have money Please remember that this brief reflects community perspectives on national issues.

22. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Beneficiaries Participants revealed a number of people/groups who have benefited in different ways from the numerous conflicts this country has been through since Independence: (CLICK once!) • Members of opposition gained popularity during the ‘Walk to Work’ campaign • Army commanders benefited from operational funds • The rebels who eventually captured power • Arms dealers gained from transactions that involved selling their arms to the rebels and Government forces • Government officials take advantage of conflicts and misappropriate funds meant for other conflict-related projects • Business people take advantage of the situation and overcharge people • Army officers and soldiers get a lot of money in the form of allowances • Investors are given land by the Government and end up evicting people • Local leaders with money meant for community development always run away with the money when there is conflict Please remember that this brief reflects community perspectives on national issues.

23. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Bystanders Participants noted the following categories of people as bystanders who could have acted to prevent conflict but did nothing: (CLICK once!) • Cultural leaders have not come up to show support and solidarity with the community, yet it is their role to protect their subjects • Political leaders do not want to come to the ground when there are conflicts • Soldiers are sometimes provided information about rebels by local people, but take their time to respond • Local people in communities sometimes hide or keep relevant information that would perhaps help end conflicts • Leaders, especially those in opposition, keep accusing the Government instead of providing a solution • The United Nations (UN) does not get actively involved in ending conflicts but instead facilitates it to continue, even though they have the capacity to help end the conflict • Religious leaders do not come in directly to talk to the parties in conflicts yet they are held in high esteem. Their word would be respected and would perhaps help to end conflict • Neighbours have always refused to intervene to help solve or reduce domestic conflicts in their neighbourhoods • The police have always turned a deaf ear each time people reported about incidents/conflicts, such as people encroaching on land and unknown visitors in the community evicting people • The Government has not fulfilled its obligation to safeguard its citizens and their property from any aggression, both internal and external, yet it is mandated to do so • Elders know the truth especially when it comes to land matters. They are the ones who know who owns a particular piece of land but they always keep silent and watch people innocently lose their land to land grabbers. Please remember that this brief reflects community perspectives on national issues.

24. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Spoilers The participants revealed that, with regards to various conflicts, there were some people/organisations who worked to spoil peace deals/initiatives. These were: (CLICK once!) • Those who overstay in power like the President and other leaders at different levels. They have done a lot to spoil the peace they claim to have brought. • Soldiers who gain a lot from the loot they take. They also get huge allowances during operations. For this reason they always do what they can to spoil any peace process. • Idle people, locally known as Bayaye, are mobilised to strike or disrupt any peace process • Youths, especially the energetic unemployed youth. They always used conflicts such as demonstrations to loot and express their dissatisfaction. • Politicians especially those who have double standards • Thieves or thugs have caused fear and panic among people • Army Commanders benefit from operational funds and therefore have an interest in the sustenance of conflict • Government officials are involved in misappropriating public funds that should be used to provide services to people and therefore also have an interest in the sustenance of conflict • Political leaders have always criticised any effort by the Government to end conflicts and bring peace, yet they do not provide any alternative solutions Please remember that this brief reflects community perspectives on national issues.

25. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Peace Builders Finally, the participants commended some individuals and groups of people/agencies who struggled for peace in Uganda during the different conflicts. The peace builders identified include: (CLICK once!) • Courts of law fight for justice by for example helping widows whose in-laws want to grab their property • Religious leaders, agitating for unity, fear of God and peace. • NGOs for example Refugee Law Project (RLP), UCOBAC, Action Aid, Women Won’t Wait, UNICEF and Red Cross • The UN that provides humanitarian support • The Uganda Human Rights Commission and human rights activists have done a lot to fight for the rights of people in IDP camps • Community Development Officers (CDOs) have fought for unity and stability especially at household level • Police try to maintain and enforce law and order • Soldiers sacrificed their lives in conflicts in fulfilment of their duty to protect the country • Cultural leaders preach togetherness and unity among their subjects • Neighbours have at times intervened in cases of domestic issues Please remember that this brief reflects community perspectives on national issues.

26. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 LOOKING FORWARD Future

27. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 TALKING ABOUT THE HISTORY OF CONFLICT IN UGANDA The majority of participants felt sad and sorrowful about the history of conflicts in Uganda and were very scared and worried about the future of peace. A youth emotionally said that “when I see what is happening today and follow the history of Uganda since Independence, there are indicators that we are going back into conflict. It’s a cycle of recurrent conflicts threatening. We see it coming again, the situation is going to worsen.” An adult man also commented that“when I reflect on the history of Uganda I get worried of how the future generations and youths are going to survive with the trend this country has taken. On the other hand I am also surprised with how the poor have managed to survive in this country to date.”This reveals the extent to which the people are uncertain about peace in Uganda. It was said that it seems that the leaders have failed to learn from the past and have also failed to devise appropriate initiatives to address the conflicts and their impacts so as to prevent future conflicts. Much as it is sad and sorrowful to talk about the past conflicts, some participants also strongly felt that it teaches citizens to learn from the past to prevent repetition of similar mistakes. It does, however, seem that Ugandans are not learning from those mistakes as those mistakes have been repeated, contributing to the anarchy and wars that have plagued the country. Please remember that this brief reflects community perspectives on national issues.

28. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Perspectives of Justice • The majority of participants viewed justice in relation to personal or communal experiences and issues that affect them. Justice was defined, however, as being fairness to all sections of society in terms of the distribution of resources, participation in democracy, education of girl and boy children, sharing political positions between parties, equal treatment of civil servants and equal treatment of the rich and the poor in the formal justice processes. The majority of participants found that compensation as opposed to prosecution of the perpetrators was a genuine form of justice for the war affected people throughout the country. • When participants were asked whether justice has been done to the different stakeholders of the conflicts the majority of participants said that justice has not been done with regards to the following: • NRA bush war: The war veterans of the NRA bush war have not been compensated yet their contribution to the NRA’s success was enormous. Many lost family members, relatives and friends at the hands of the UNLA while others sustained physical and mental disabilities that have made them unable to work. Failure by the Government to compensate the NRA war veterans and other victims was regarded as a huge injustice to the people who struggled to liberate their country. • Wealthy people: No justice has been done to the rich people who are pro-Government in Uganda. The corrupt Ministers are protected by the President from facing justice in the courts of law. The rich are buying large chunks of land and have been evicting the poor without compensation, dignity, adequate notice or exit alternatives. • Cattle keepers: The cattle keepers have been grazing their animals on the cultivators’ gardens without minding about the livelihoods of the cultivators. They do not talk to the locals (cultivators), leaving no space for peace building or a harmonious co-existence between these two groups of people. The cattle keepers do not listen to the grievances of the poor farmers simply because the Government seems to support them. They also do not compensate cultivators for the crops that are eaten by the cattle. • Displaced persons: There has been no justice for the people who were displaced by wars in Mubende District. A female participant said that “we used to live in Lwamata and later ran away to this place [Kiyuni Sub-County] because of war. When we returned to Lwamata we found our neighbours had taken over our land. Today I am in Kiyuni because my father’s land in Lwamata was taken away. “ Please remember that this brief reflects community perspectives on national issues.

29. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Transitional Justice Processes Amnesty Institutional Reforms • The majority of participants was of the view that blanket amnesty is relevant for addressing armed rebellion in Uganda as it encourages the rebels to denounce rebellion. However, some stated that the gravity of the offence should be considered before amnesty is granted. They believe that blanket amnesty could be looked at as condoning impunity as it may attract others to commit similar acts. • In any case, amnesty should be given to those who were forced to join a rebellion • Victims of the conflicts need to be compensated and supported so that they can accept and live peacefully with former rebels (beneficiaries of the amnesty). • Former rebels must be given adequate reintegration support, including rehabilitation so that they learn to live normally with villagers in their respective communities • Forgiveness is a very important aspect for harmonious co-existence. The amnesty provides a platform for both individual and collective forgiveness. • Reforms to both formal and traditional institutions in Uganda are paramount for successful peace building. • The majority of participants expressed a huge need for positive changes in the judiciary and traditional institutions in order to foster peace building. • Further, they cited the need for independence of the different arms of the Government, especially the Judiciary and Legislature, the reinstatement of term limits, and a national civic education programme on rights and powers as enshrined in the Constitution of the Republic of Uganda • Alongside reforms within the mainstream formal justice process, the participants also recognised that the traditional justice mechanisms are no longer as effective as they were in the past. There is a need, therefore, to strengthen them through Government support so that the formal and traditional justice mechanisms can complement each other. Please remember that this brief reflects community perspectives on national issues.

30. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Transitional Justice Processes • Participants were bitter about some efforts made by Government to remember the people who suffered and died in wars in Uganda • They revealed the need to facilitate positive remembrance through special recognition of the victims and their relatives who died in mysterious situations during wars. Examples of how this might occur included the construction of monuments to the dead, designing special projects for the remembrance of people who died, for example during the Bush War,and setting special days for commemorating fallen Ugandans in different past conflicts. • Further, the Government has not given decent burials to the people who died/were killed during the Luwero Triangle war as their bones have been lying around outside and have been used for political purposes. This caused a lot of anger. • On-going wars in Uganda were noted in all the FGDs as a major factor that affects positive remembrance. For example, the people of Kiyuni Sub-County emphasized that the ADF are still present in the land and they feel that the ADF may attack again very soon. This has caused fear, triggering traumatic memories that affect their well-being. • The majority had reservations about truth-telling given the lack of protection mechanisms for truth-tellers • Truth-telling may not bring peace and justice because it can trigger negative emotions and some truths are not worth telling. It can make people hate one another and it is not good in military situations and in a militarised community/society like Uganda where civilians are not protected by either the law or the Government. • A male participant in Kiyuni Sub-County said that “it is difficult to tell the truth because in most cases if you tell the truth, your life will be in danger so people are influenced to make statements which are not true, but just to safeguard their lives. And above all, our leaders are ever telling lies.” • Some participants, however, recognised that truth-telling is vital for addressing conflicts in Uganda. • A participant in Mubende commented that “the reason why we have so many conflicts in Uganda is because of absence of truth-telling. People do not speak the truth.” Memorialization Truth-telling Please remember that this brief reflects community perspectives on national issues.

31. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Transitional Justice Processes • The participants recognised the extent to which the numerous conflicts experienced in Uganda affected the victimised population physically, socially and psychologically. • There is a military rehabilitation centre in Mubende that has supported the UPDF, but there are many citizens in the community who never benefited from psychotherapy, medical or prosthetic support, even though they are in dire need of them. They feel they could still contribute to the country if only they were given this kind of support. • Given the cycles and sequence of conflicts in different parts of the country, the participants revealed that there was a huge need for Government to build regional rehabilitation centres that cater not only for military casualties but the general war affected persons/communities as well. • To help address the psychological consequences of wars in Uganda, Government should design and implement programs that have components of counselling, referrals, follow up visits, and income generating activities • Government should give decent burials to people who were killed during the Luwero Triangle war whose bones are lying out in the open, since it is negatively affecting the psychosocial wellbeing of the survivors and the healing of the victimised community. • Participants revealed that the traditional justice institutions within the Buganda Kingdom have been losing credibility and significance because of their role in perpetrating land conflicts and failure to address the conflicts in Buganda • The institution was very powerful before the abolition of Kingdoms in 1967 by Obote • Currently, the Buganda Kingdom, which is meant to unite the Baganda and address conflicts within its jurisdiction, is causing more problems in the district especially in collecting land dues (Busulu) and by giving and selling the Kingdom’s land to different people, especially to army officers and other top Government officials • The Kingdom is, however, credited for the promotion and uplifting of the standard of education in the district since the Kingdom has been giving bursaries to the children. It also initiated the Mutesa I Royal University in remembrance of KabakaMutesa I. • In the past, the institution was very vital in settling disputes through the Kabaka and elders who would sit down with the conflicting parties and settle the dispute amicably. In cases where there was a need for compensation, they would make recommendations, mediate in the processes and reconcile the conflicting parties. Psychosocial Support Traditional Justice Please remember that this brief reflects community perspectives on national issues.

32. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Transitional Justice Processes • The majority of participants said that there are huge challenges to prosecution in Uganda, and for that reason many people do not view it as a credible means of achieving justice. • The participants mentioned that Uganda has experienced numerous human rights abuses and violations as well as economic crimes but because of the nature of the prosecution process, justice has never prevailed over the perpetrators of such crimes. • Corrupt Government officials, who are being shielded by the President on a political basis, make prosecution look like a mechanism for the poor and chicken thieves. The feeling is that all citizens should be treated equally before the law and both the poor and the rich should face the same consequences if they break the law. • Unless the current prosecution processes - characterised by political interference, corruption and bribery, lack of transparency, and lack of independence of the courts/judiciary - is reformed, the citizens might never appreciate it as a credible mechanism that can be used to address human rights violations or contribute to building peace in the country. • Although some participants recommended that killers and rebels should be prosecuted, they too felt that magistrates/lawyers/judges should not rush into prosecuting those people because some might opt for or benefit from other mechanisms such as amnesty and reconciliation. • The participants stated that there is a huge need for reparations in Uganda. They acknowledged that promises of compensation, and some limited actual compensation, were made to war affected persons in Uganda by the President. However, such initiatives seem to be based more on sympathy rather than on a national programme or acknowledgement of a governmental obligation to acknowledge and address wrongs committed against citizens as a result of inadequate protection by the State. • Participants expressed the desire for both compensation and symbolic reparations such as decent burials, construction of memorial sites, establishment of memorial rehabilitation facilities and the designation and implementation of specific programmes for victims • For reparations to be adequate, the participants felt that the Government should consult victims prior to the implementation of any reparations programme. There also needs to be a proper evaluation of damages before any compensation is made. • Selective compensation hampers reconciliation and healing processes, because it tends to invoke victims’ anger towards the Government and the perpetrators as well as causing communities to envy the few individuals/families who were compensated. Reparations Prosecution Please remember that this brief reflects community perspectives on national issues.

33. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Transitional Justice Processes Reconciliation • Participants considered reconciliation as a necessary tool for achieving justice and peace • They overwhelmingly acknowledged forgiveness and reconciliation as a meaningful way of giving opportunities to the conflicting individuals, groups or communities to communicate again and participate in understanding and addressing their differences amicably • Perpetrators of violence in Uganda could be brought to the victimised community by Government, to apologise and right the wrongs committed. This can happen through the support of third parties, paving the way for a platform for reconciliation and peace building. Please remember that this brief reflects community perspectives on national issues.

34. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Messages to Leaders/Institutions • To the Kabaka: • Come here and give guidelines in relation to ground rents • The Buganda Land Board should come to the ground and sensitise people on how to use Buganda land. • To President Museveni • We were attacked by the rebels but you never came over to check on us. Some people are disappointed since you never thanked them for their contribution in wiping away the ADF and bringing you to power. • Go back to the rule of law and respect the Constitution • You are losing track. All the good things you did are now being over-powered by the bad deeds. If you are tired you should leave for another person • Listen to the opposition and respect them because they may have something good • Find ways of reducing prices of commodities, people are poor • You are our father and therefore should help us on the issues of land instead of giving our land to the investors • Cater for the unemployed Ugandans • Ensure that there are drugs in the Health Centers • Refrain from protecting corrupt officials • To Police: • Stop asking for bribes and stop looking at money as a priority but rather look at rendering services to the community To religious leaders: Learn to speak the truth • Members of Parliament: • Why are you selfishly thinking about yourselves and not us who voted you into Parliament? How can you ask for 103 million to buy a car? • Do not allow the homosexuality bill to turn into law because it is bound to affect the whole generation • To Area MP: • Why don’t you come back for consultative meetings with the local leaders? • To the District Land Board: • Come to people’s rescue and teach people about land laws Please remember that this brief reflects community perspectives on national issues.

35. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Messages to Leaders/Institutions • To Government: • Revise the land laws • Compensate the people who lost their property and relatives during the NRA war • Send technical people on the ground to sensitise people about land laws • Come down and follow up the traditional healers/witchdoctors that were licensed • Open up more rehabilitation centers in the country to rehabilitate war victims. • To rebel leaders (Kony, Jamil Mustafa etc. ): • We love them. They should abandon rebellions and come home. • To donors: • Do not give us those conditions which are against our culture and you should not incite the opposition to destabilise peace. Please remember that this brief reflects community perspectives on national issues.

36. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Recommendations (CLICK once!). • Government should develop a national compensation scheme for war veterans, victims and other war affected persons who lost their property during the different wars experienced in the country • Government should embark on dialogue and peace talks with opposition groups and rebels in the country rather than using the military and police to address conflicts that exist between the Government and those agitating for reforms • Government should initiate a massive civic education campaign in Uganda on laws and other national policies and programmes that many citizens seem to be ignorant about • The Buganda Kingdom should embark on addressing land conflicts within its Kingdom and sensitise the people within its jurisdiction about the Kingdom’s land • Government should not interfere with the affairs of the Buganda Kingdom since it has re-instituted kingdoms in the country after their abolition in 1967 by Obote • Government should embark on fighting corruption beginning with top officials and culprits should be prosecuted and made to pay back the money swindled • The Government and citizens should respect the Constitution of the Republic of Uganda and all people should be treated equally and fairly before the law • The Government should have special programmes (e.g. sponsorship schemes and rehabilitation etc.) for the war affected communities in Uganda Please remember that this brief reflects community perspectives on national issues.

37. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Acknowledgements RLP is very grateful for the contributions made by different individuals and organisations towards the success of National Reconciliation & Transitional Justice Audit research in Mubende District. We particularly acknowledge the participation of Women in Developmental Concern Coalition for Mubende (WIDCCOM), Mubende District People Living with HIV Network (MUDNET-PLUS), Children and Wives of Disabled Soldiers Association (CAWODISHA), Youth in Action for Development (YAD), Integrated Community Based Initiatives (ICOBI) and Kugumikiriza Youth Association. We look forward to future collaboration with them in transitional justice processes in Uganda. Further, we are very grateful for the contribution of Mubende District authorities and community development services for their authorisation of, mobilisation for, and participation in the FGDs. In addition, we appreciate the contribution of Nkalubo Judas and Nansubuga Juliet for their interpretation during FGDs in Kiyuni Sub-County. Finally, our greatest appreciation goes to all our FGD participants 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 Opiny Shaffic, with inputs and edits from Dr. Chris Dolan, Annelieke van de Wiel and Moses Alfred Nsubuga.

38. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Acknowledgements for pictures & maps Websites • http://www.africa-uganda-business-travel-guide.com/images/Africa_Uganda_Business_Travel_News2.jpg • http://redpepper.co.ug/welcome/wp-content/uploads/2012/04/Besigye-walks-along-Ben-Kiwwanuka-Street-on-Wednesday-shortly-before-Ariongo-was-killed.jpg • http://4.bp.blogspot.com/_j9vw4ni_paw/SuRjoPchcPI/AAAAAAAAAEc/3IEo3YByFBg/s320/Charles%2BWesley%27s%2BCoronation.jpg • http://2.bp.blogspot.com/_5wayid_D43A/THcuh6_RJKI/AAAAAAAAAB4/XxFEsjgV_BE/s1600/Museveni.jpg • http://str8talkchronicle.com/wp-content/uploads/2012/05/Uganda-anti-gay-bill-back-on-table.jpg • http://www.nbs.ug/wp-content/uploads/2012/04/Kabaka-Mutebi-285x280.jpg • http://www.upf.go.ug/assets/templates/upf/i/logo.gif • http://www.ugpulse.com/images/news/ultimate/img64201223029AM.jpg • http://www.parliament.go.ug/new/index.php/members-of-parliament/members-of-parliament • http://mw2.google.com/mw-panoramio/photos/medium/68434103.jpg • http://assets.inhabitat.com/wp-content/blogs.dir/1/files/2012/03/Kony-2012-Concerns-1-537x392.jpg • http://english.chosun.com/site/data/img_dir/2012/01/31/2012013100681_0.jpg

39. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012

40. BRIEF 13 of 18: Mubende District NR&TJ Audit 2011 -2012 Watch this space for Brief 14: Mbarara District