Country Case Studies
Uganda remains a product of historical accident, where different nations and
peoples have been forced to co-exist within the borders of one state, under one
master, one flag, one national anthem and one currency without their consent.
The country adopted a name that has no meaning to Uganda’s historical legacy
and heritage – deriving from the Berlin Conference and the scramble for and
partition of Africa in the 1880s. Ethnic conflicts have remained embedded in
the unresolved national questions. There remains no clear model for statehood.
Should it take the form of the nation-state approach or the oriental model of
‘civilizing the state’, as the Chinese might contend? Uganda has been a country
at war since independence in 1962, with northern Uganda bearing the greatest
brunt and the longest period of insurgency.
My foolish perception and perspective!
What we often characterize as ethnic conflicts are actually unresolved national
questions, superimposed on even more complex economic, agrarian and factory
questions. As Ugandans, Kenyans, Rwandans, Burundians, Congolese, Nigerian
and Sierra Leoneans, we have never decided whether we want to live together
as one and, if we do, on what terms? Until we seriously address the national
question with its regional, continental and international dimensions, no amount
of transitional justice will deal with the sense of dissatisfaction that the imposed
nation-state generates in Africa today. In doing this, we must think globally while
acting locally. Our local is our traditions, values and belief systems that were
uprooted during the introduction of common law in Uganda.
Uganda’s transitional justice challenges and prospects
Uganda’s attempts at a transitional justice process have never been conventional
ones. Most transitional justice theory contemplates an examination of past wrongs
going hand-in-hand with political transformation. Yet in the Ugandan context,
all such prior attempts were initiated by the regimes in power and were not
accompanied by wide-ranging systemic reforms in governance. Idi Amin initiated
the first attempt in 1974, and then from 1987 it was through the human rights
commission under the National Resistance Movement. These never provided
reports with recommendations for action. In Uganda, the transitional justice
process is contemplated and initiated in an extremely complex political context,
without corresponding regime change and in the presence of a precedent-setting
amnesty for all armed groups who renounce rebellion, including perpetrators of
international crimes.
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International Conference on Transitional Justice, Zimbabwe
Select target paragraph3
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