Uganda

Background

Continuing cycles of armed conflict have plagued parts of Uganda since the National Resistance Movement (NRM) came to power in 1986. Some 20 known groups have resorted to violence since then, the most notorious being the Lord’s Resistance Army (LRA), which continues to operate in northern Uganda, particularly in the Acholi sub-region, Lango sub-region and the Teso sub-region.

The Lord's Resistance Army has been operating for nearly 18 years, since the current Ugandan President Yoweri Museveni came to power, but the reasons for their rebellion, led by Joseph Kony are not entirely clear. It is believed that Kony himself sees it as his role to both cleanse the Acholi people and to fight for their rights.

Although the LRA is predominantly made up of Acholi, its relationship with the population is fraught with tensions, mainly due to LRA’s brutal methods of operation. These include forced conscriptions, atrocities against civilians, large-scale abductions of children and the forced marriage of abducted women and girls with male soldiers. It is believed that tens of thousands of children have been abducted into the LRA - often forced to kill their own parents or other children in initiation rites, so they become perpetrators and find it more difficult to return to their communities. These children are used as expendable troops as porters, and forced to become “bush wives”. Although figures are disputed, it is believed that a core of only a few hundred combatants is armed. The LRA until recently operated from bases with military training centres in southern Sudan, which is populated with other Acholi clans, though these bases have mostly been abandoned.

Other groups involved in the rebellion against the Government of Uganda (GoU) include: Allied Democratic Forces (ADF), Action Restore Peace (ARP), Citizen Army for Multiparty Politics (CAMP), Force Obote Back (FOBA), Former Uganda National Army (FUNA), Holy Spirit Movement (HSM), National Union for Liberation of Uganda (NALU), National Federal Army (NFA), Nineth October Movement (NOM), People’s Redemption Army (PRA), Uganda Democratic Army/Alliance (UDA/F), Uganda Federal Democratic Front (UFDF), Uganda Freedom Movement (UFM), Uganda National Democratic Army (UNDA), Uganda National Federal Army/Movement (UNFA/M), Uganda National Liberation Front (UNLF), Uganda National Rescue Front (UNRF II), Uganda Peoples Army (UPA), Uganda Peoples Democratic Army (UPDA), Uganda Salvation Army (USA), West Nile Bank Front (WNBF). While there have been periods of intense activity, intertwined with periods of calm, most of these groups are no longer active. Much of the present DDR-type efforts in Uganda focus on the LRA-affected areas of the North.

The humanitarian and development consequences of the conflict are enormous. The fighting has generated some 1.8 million internally displaced persons (IDPs) and has caused the physical destruction of most socio-economic infrastructure in northern and eastern Uganda. Despite continued efforts to improve welfare, poverty levels remain high in these regions, in stark contrast with the economic growth and poverty reduction that can be seen elsewhere in the rest of the country.

The GoU has employed throughout the years several means to end the armed conflict: military campaigns, dialogue with rebel groups, cooperation with neighboring countries, such as Sudan, Rwanda and the DRC, and presidential pardons. Although such attempts have resulted in many of these rebel groups being defeated or renouncing armed conflict, others continue to undermine government capacities to enforce law and order mainly in northern and eastern Uganda. Several peace negotiations under international auspices have yielded little progress to date.

Following persistent calls for a peaceful resolution of the armed conflict in the country, the Parliament of Uganda enacted a comprehensive Amnesty Act on 1 January 2000, which the GoU endorsed on 17 January 2000. Since then, any Ugandan wishing to abandon rebellion will be granted amnesty, without risk of criminal prosecution or punishment in a national court for offenses related to the insurgency (this is currently set to expire in mid-2008).

The Amnesty Act has received broad support from Ugandans and is widely perceived as a vital tool for breaking the cycle of violence and promoting reconciliation in Uganda. National efforts to implement the Amnesty Act have received support from various donors and international organizations. As a result, the GoU is expecting to demobilize and reintegrate a number of combatants who have been associated with insurgent movements.

Peace negotiations between the GoU and LRA started in July 2006 in the south Sudan capital Juba mediated by the semi-autonomous government of south Sudan. A cease fire was signed in August 2006 and then renewed early November 2006, Peace negotiations continue, though they continue to face many challenges.

DDR Strategy and Approach

Framework
All DDR-type initiatives undertaken in Uganda since 2000 occur within the framework of the Amnesty Act.

The current process should not be confused with the earlier demobilization and reintegration of 36,358 soldiers of the estimated 90,000-member strong National Resistance Army that took place from 1992 to 1995. For detailed information about the demobilization and reintegration of the National Resistance Army, see Colletta, Nat J., Kostner, Markus and Wiederhofer, Ingo, "Case Studies in War-to-Peace Transition: The Demobilization and Reintegration of Ex-combatants in Ethiopia, Namibia and Uganda", World Bank Discussion Paper no. 331. Africa Technical Department Series. Washington D.C., 1996, 217-239.

The current process is also distinct from a potential national demobilization and reintegration programme, which the GoU has the intention to pursue, depending on the outcome of the Defence Review process and the termination of the conflict in northern Uganda. The Amnesty Commission is nevertheless expected to continue to be responsible for the demobilization and reintegration of irregular forces once the national DDR programme is approved.

Eligibility Criteria
Within the framework of the Amnesty Act, any Ugandan who has been involved in the insurgency against the GoU at any time since 26 January 1986 is entitled to amnesty and is consequently eligible for demobilization and reintegration assistance. ‘Engagement in insurgency’ is defined as actual participation in combat, collaboration with the perpetrators of war or rebellion or assistance in any way to the war or rebellion. Non-Ugandans do not qualify for amnesty and a person cannot be granted amnesty twice.

Ugandans who report to the authorities to be granted amnesty are referred to as “reporters” in the terminology of the Amnesty Act. The total number of potential reporters is approximately tens of thousands. As of December 2006, over 21,000 reporters had been granted amnesty, out of which 19,000 have received initial reinsertion or resettlement kits. The breakdown is as follows:

Male: 79% (17,106)
Female: 21% (4,547)
Out of the 21,000, 6,718 are below 18 (12-18).

There are two broad categories of reporters – ex-combatants and non-combatants. Combatants are those who have taken up arms to fight and non-combatants are dependents, camp works and porters, and other abducted persons. Both categories include women and men, adults and children.

The Amnesty Act is silent about the age of the person to be granted amnesty. After careful consideration, the Amnesty Commission concluded that only children over 12 years old can qualify for amnesty, since this is the age of criminal responsibility in Uganda. Child rights advocates expressed concerns that granting amnesty to children would incriminate children who are victims of the insurgency, particularly those abducted by the LRA. The Amnesty Commission argued that granting the amnesty to children over 12 years old was necessary to protect them against criminal charges.

Operational Structure and Framework

The Amnesty Commission is the body established by the Parliament to provide overall leadership, guidance and coordination in the implementation of the amnesty. In addition to performing this quasi-judicial function of granting amnesty and issuing certificates of amnesty, the Amnesty Commission is also tasked with:

• Raising awareness of potential reporters and sensitizing the public on the Amnesty Act;
• Facilitating and monitoring demobilization, reintegration and resettlement of reporters;
• Promoting dialogue and reconciliation within the framework of the Amnesty Act 2000.

The Amnesty Commission is composed of a Chairperson (a judge of the High Court or a person qualified to be a judge of the High Court) and six other members of high moral integrity appointed by the President with the approval of the Parliament. The Amnesty Commission appoints a Secretary and officers and employees in consultation with the Public Service Commission.

The Amnesty Act also established a Demobilization and Resettlement Team (DRT) within the Amnesty Commission, which was empowered to decommission arms, demobilize, resettle and reintegrate reporters within their communities. The DRT carries out the functions of the Amnesty Commission at the district level. Demobilization and Resettlement Teams are operating in Arua (Northwestern region), Gulu and Kitgum (North region), Kampala (Central region), Kasese (Western region) and Mbale (Eastern region).

The Parliament of Uganda has been extending the mandate of the Amnesty Commission since the Amnesty Act was enacted, with the Amnesty currently due to expire in May 2008, unless again extended.

The Amnesty Commission fulfills its mandate mainly through implementing partners. Since it started its operations, the Amnesty Commission has worked to establish a network of organizations to more efficiently process and assist reporters. These are:

• Governmental institutions;
• National NGOs: Kitgum Concerned Women’s Association (KICWA), Participatory Rural Action for Development (PRAFOD), Gulu Support the Children Organization (GUSCO) and Give Me a Chance;
• International NGOs: Catholic Relief Services, World Vision, International Rescue Committee, CARITAS, Save the Children Alliance and Save the Children Denmark; and
• International organizations: the United Nations Development Programme (UNDP), the International Organization for Migration (IOM), the United Nations Children’s Fund (UNICEF) and the World Food Programme (WFP). (please see Area of Activity below for activities undertaken by these partners.)

Area of Activity

The Amnesty Commission oversees the implementation of the following activities:

Sensitization and dialogue
Sensitization and dialogue aim to create an enabling environment for reporters to return to their communities and to build confidence between reporters and the government. This includes:

• Producing promotion materials in local languages;
• Organizing visits and public meetings, workshops, local cultural events at the community level;
• Promoting reconciliation between the potential reporters and the government; and
• Meeting potential reporters to sensitize them about the advantages of reporting for amnesty.

Processing of reporters
The processing of reporters has taken place mainly in reception centers. It includes a range of activities:

• Identification and screening of reporters to identify genuine and eligible reporters and collect personal information in support of reinsertion and reintegration programmes;
• Issuance of the Certificate of Amnesty, generally within three weeks of reporting;
• Provision of gender sensitive psychosocial support to reporters;
• Determination of health status through medical assessments;
• Distribution of in-kind assistance packages (1 mattress, 1 blanket, 1 jerry can, 1 plastic basin, 2 saucepans, 2 sets of clothing, 2 hand hoes, 1 panga, 5 kilos bean seeds and 5 kilos of maize seeds) and cash assistance funds (support fund of US$ 122.00, medical costs of US$ 10.50, transport home of US$ 10.00); and
• Provision of counseling and referral services as regards reintegration options.

The Amnesty Commission has not directly managed reception centers, except where there are no specialized agencies capable of assuming the task. In this case, the Demobilization and Resettlement Team takes direct responsibility for reception, generally by using the facilities and resources of existing institutions within the district and the community (Community Development Office, community counseling facilities, civil society groups, the UPDF, religious, traditional and cultural leaders).

To ensure the quality of support at reception centers operated by implementing partners, the Amnesty Commission and Ministry of Gender, Labour and Social Development has established guidelines for the operation of reception centers.

Social and economic reintegration
The Amnesty Commission has struggled to increase its capacity to perform the responsibilities it has been tasked with. The number of backlog reporters who have not received reinsertion assistance has remained high, oftentimes putting the credibility of the Commission and the amnesty process at risk. The Commission has relied mainly on implementing partners to promote the social and economic reintegration of reporters, from governmental and civil society actors to international organizations and NGOs.

Social reintegration has been achieved mainly by promoting reconciliation of reporters with the family and the community. This work has been carried out through traditional reconciliation mechanisms, religious meetings and community-welcoming gatherings. Economic reintegration has been achieved primarily through counseling and referral to vocational training and income generation opportunities offered by specialized institutions throughout the country. UNDP is strengthening this aspect of the Commission’s work through the secondment of four Reintegration Officers (UNV) who have been posted to Northern Uganda.

The International Organization for Migration (IOM) supported the work of the Amnesty Commission from 2002 to 2004 through the Integrated Project for the Return and Reintegration of Reporters and Dependents funded by USAID, UNICEF and EU. In addition to building the capacity of the Amnesty Commission through database development and management and the provision of technical support on sensitization and information outreach, the project allowed for the screening, documentation, registration and medical assessment of reporters in Uganda as well as the repatriation and referral of reporters and abducted children stationed in Kenya and Sudan. In addition, reporters have been assisted through vocational training and income generating activities in established business enterprises. More recently UNDP and IOM have jointly provided training for Amnesty Commission staff on Information, Counselling and Referral Services (ICRS)

In 2003, IOM has also performed a socio-demographic research on the ex-UNRF II rebels, in order to provide data that would enable appropriate planning for their successful reintegration in the communities.

The United Nations Development Programme (UNDP) acted as the lead interlocutor for the Amnesty Commission in the preparation of the repatriation of 400 reporters associated with WNBF from DRC in 2003/2004. During the period from 2005 to 2006, UNDP has also continued to support the work of the Amnesty Commission as part of its broader project to establish a secure environment for recovery and development in northern and northeastern Uganda. The main components of UNDP’s support to the Amnesty Commission are:

• To promote the Amnesty Act by widening the reach of information to potential reporters and by preparing communities to receive reporters;
• Based on viable economic reintegration opportunities, to undertake the economic reintegration of an initial 400-600 reporters;
• To support the strengthening of Amnesty Commission structures, systems and capacities to successfully address the return, reinsertion and reintegration of reporters.

UNICEF has provided support in the reintegration of child reporters and WFP has provided food to reception centers. National and international NGOs have also assisted the Amnesty Commission in assessing and implementing the special requirements of women and child reporters and providing medical and psychological assistance. Implementing partners have also played an important role in providing assistance with vocational skills and income-generation opportunities for reporters.

The Multi-Country Demobilization and Reintegration Programme (MDRP) has supported the Amnesty Commission since January 2005, through a multi-million dollar project which has helped provide resettlement packages to 15,310 reporters, while building the overall capacity of the Amnesty Commission.

The Amnesty Commission has chaired the Amnesty Working Group (AWG) that brings partners together on a regular basis. Members include both implementing and financial partners: the United Kingdom, the European Commission (EC) Delegation, Ireland, Denmark, the Netherlands, the United Nations Development Programme and the World Bank, in addition to the government and non-governmental organizations.

Support to children and women
All reporters have been receiving the same in-kind assistance package and cash assistance fund. Women are estimated to be about 20 per cent of the number of reporters, whereas children constitute 29.2 per cent of reporters. The Amnesty Commission recognizes the importance of providing women and girls, especially mothers and expectant mothers, with extra assistance in accordance with their needs. The Amnesty Commission also recognizes that the identification and screening of children reporters must be child-friendly and that children reporters should be provided with extra assistance to children reporters in accordance with their needs.

One group that deserves special attention is the child mothers and their children, who were born in the “bush” and have strong stigma attached to them. The child mothers are often welcomed back in their home communities by their families, but often only when they abandon their sons and daughters from the “bush”. Overcoming trauma related to this practice has required extensive family counseling and additional support as well as close follow up to ensure the appropriate treatment of the abandoned children, who were often exposed to abuse and exploitation.

Additionally, since the reintegration is taking place sometimes into IDP camps, where people are struggling to survive, a durable solution has most often not been identified for returning reporters, and the risk associated with this group returning to bush should not be neglected.

However, the Amnesty Commission has found that it does not possess sufficient internal capacity to assess and implement the special requirements of women and child reporters. The Amnesty Commission has worked therefore through a number of agencies, NGOs and community-based organizations to fulfill the specific needs of women and child reporters.

Monitoring and evaluation
The Amnesty Commission has taken the overall responsibility for monitoring and evaluating activities undertaken within the framework of the Amnesty Act with technical support from implementing partners and MDRP. The main objective of monitoring and evaluation is inter alia to ensure that all implementing partners contribute effectively to the fulfillment of the Amnesty Commission’s mandate.

Through MDRP support the Amnesty Commission has established a monitoring and evaluation unit and will develop a Monitoring and Evaluation Plan. The MDRP Secretariat has also conducted a mid-term review of its special project to assess performance against targets and improve project implementation. The Amnesty Commission is also expected to conduct an end of project evaluation with the technical support from the MDRP Secretariat.

UNICEF provides for support in monitoring of reception centres, and programming for women and children while UNDP has supported the strengthening of Amnesty Commission monitoring of the reporter caseload in affected areas of the North.

Resource Mobilisation

The work of the Amnesty Commission and its implementing partners was financed by the Government of Uganda and direct bilateral contributions from Belgium, Canada, Denmark, Great Britain, Italy, Ireland, Netherlands, Norway, the United States and the European Union from 2000 to 2004. However, this funding was mainly directed to the UNRF II process.

The Amnesty Commission has therefore been largely unable to deal with the stream of reporters that have applied for amnesty during this period. As a result, the number of reporters now being provided with resettlement packages and other assistance is high.

The IOM/USAID/UNICEF/EU support totaled US$ 694,004 in 2002/2004.

The UNDP assistance amounts to US$ 300,000 in 2003 and US$ 553,774 in 2005/2006.

The MDRP trust fund grant of US$ 4.2 million was declared effective in January 2005. The first disbursement of approximately US$ 1.3 million was released in March 2005. The MDRP grant has contributed to redressing the financial situation of the Amnesty Commission, which until 2004 suffered from funding shortages that prevented it from fulfilling its mandate.

Current Challenges and Updates

Peace negotiations between the GoU and LRA started in July 2006 in the south Sudan capital Juba mediated by the semi-autonomous government of south Sudan. A cease fire was signed in August 2006 and then renewed early November 2006, Peace negotiations continue, though they continue to face many challenges.

Last updated by UNDP/BCPR/SADU (GYB): December 2006.