The Interrelationship and Interconnectness of Transitional Justice and the Rule of Law in Uganda: Pursuing Justice, Truth, Guarantees of Non-Repetition, Reconciliation and Reparations for Past Crimes and Human Rights Violations

Abstract

This article examines transitional justice issues within a rule of law context generally, and in Uganda. The article discusses what violations occurred in Uganda, and what the interrelationship, and interconnectedness, of transitional justice is to the rule of law in the country. The article argues that while prosecutions are not favoured in Uganda, in any case they will be difficult to carry out because of the extensive amnesties already granted, and because of the political resistance and lack of political will to carry out prosecutions, especially against those employed by the state or in the Ugandan political arena. The article further argues that the right to the truth is now a norm of international law and why victims have the right to know the truth and why a truth mechanism(s) should be established. It is argued that such a process is necessary to learn about what occurred, to provide information to victims and their families, and to recommend mechanisms to try and avoid human rights abuses in the future. The article further argues that promoting reconciliation and providing reparations are critical for the country. The necessity of a reconciliation process is examined, including the use of traditional reconciliation means. Also discussed is the establishment and functioning of a reparations process. The type of reparations institution that ought to be created is examined, as are issues such as the period of reflection to be covered by the process, issues concerning outreach, access and the types and form that reparations should take.