Research and Discussion Paper on a TJ Framework for Zimbabwe
Lessons learnt: The Commission of Inquiry into Violations of Human Rights failed because it did not
provide the citizens of Uganda a real opportunity to acknowledge and thus address violations of
human rights which had been committed.66Museveni has also emphasized that Uganda should not
dwell on the past.
Special notice: Already in 1974, Uganda had a Commission of Inquiry into the Disappearances of
People in Uganda since January 25, 1971. The mandate of the commission was to investigate and
report on disappearances in the first years of Idi Amin’s government from January 25, 1971 until
1974.The commission worked for 6 months. The commission identified a total of 308 enforced
disappeared persons. Most of the enforced disappearances were carried out by Amin’s public
security unit and the national investigation bureau.67The report was not made public and none of
the families of the enforced disappeared persons received justice and reparations.68
In 2008, the Justice Law and Order Sector (JLOS) in Uganda established the Transitional Justice
Working Group, a high-level policy-making entity to draft a national policy and law on transitional
justice for Uganda.69 The Working Group has thematic sub-committees, including international
crimes prosecutions, truth and reconciliation and traditional justice.70 As of October 2018, no such
policy has been adopted by parliament.
Lessons learnt: The Uganda experience is an indication that in some cases the state does not have
the political will to enforce recommendations of a commission which it itself had established. The
state had raised expectations for the victims and survivors, which it did not meet.
6.3.Kenya
Country: Kenya 71
Independence: from the United Kingdom December 12, 1963
Truth commission: Truth, Justice, and Reconciliation Commission
Dates of operation: The commission was initially given a two-year mandate from 2009 to 2011,
which was extended three times
Enabling act: Truth, Justice and Reconciliation Commission Act72
Time to be investigated: December 12, 1963 – February 28, 2008
Mandate: Establish an accurate, complete and historical record of violations and abuses of human
rights and economic rights inflicted on persons by the state, public institutions and holders of public
65
ibid
Joanna R. Quinn: The Politics of Acknowledgement: An Analysis of Uganda’s Truth Commission;
https://www1.essex.ac.uk/armedcon/themes/international_courts_tribunals/analysis2.pdf
67
Ibid
68
Ibid
69
http://www.scielo.org.za/pdf/ahrlj/v12n2/06.pdf
70
Ibid
71
https://www.usip.org/publications/2009/07/truth-commission-kenya
72
The Truth, Justice and Reconciliation Commission Act no. 6 of 2008; Revised Edition 2012 (2008). Published
by the National Council for Law Reporting with the Authority of the Attorney General; www.kenyalaw.org
66
29
DRAFT
Select target paragraph3
Add to table of contents