Forgotten voices: a population-based survey on attitudes about peace and justice in Northern Uganda

Written by the International Center for Transitional Justice
and the Human Rights Center, University of California, Berkeley

Executive Summary

For nearly two decades, the Lord's Resistance Army (LRA) has waged a war against the people of Northern Uganda. Known for its extreme brutality, LRA fighters have killed and mutilated countless civilians and abducted tens of thousands of children and adults to serve as soldiers and sex slaves for its commanders. The group's conflict with government forces has received little international attention, even though as many as 1.6 million civilians have been displaced and now languish in dozens of squalid camps throughout the countryside.

The Ugandan government has pursued a dual approach of military action and mediation to bring peace to the region. So far, neither initiative has succeeded. In December 2003, President Museveni referred the situation in Northern Uganda to the International Criminal Court (ICC), which is expected to issue indictments shortly against several top LRA leaders.

This move -- and the way forward in the north -- has sparked an intense, and often acrimonious, debate within Ugandan civil society and the international community. On one side, it is argued that the ICC's intervention will prolong the conflict and undermine peace talks between the LRA and the government's mediator, Betty Bigombe, as well as other local initiatives, such as the work of the Amnesty Commission or the exploration of using traditional methods to deal with past crimes. On the other side, proponents of the ICC argue that pursuing peace at the expense of justice is not a viable long-term option, and that the Court's activities in Uganda have already drawn greater international and regional attention to the conflict and put pressure on both sides to resolve it.

In recent years, several researchers have conducted qualitative studies of the factors influencing peace and justice considerations in the north, primarily comprising interviews with Ugandan government officials, humanitarian workers, traditional and religious leaders, former LRA members, and others. These studies have contributed greatly to our understanding of the challenges policymakers face in their efforts to end 19 years of war. Yet, most research has not included population-based data that represent the spectrum of attitudes and opinions of those most affected by the violence. This report seeks to fill that void.

The report is based on the preliminary analysis of quantitative data collected from interviews with 2,585 residents of four northern districts -- Gulu and Kitgum (both Acholi districts), and Lira and Soroti (both non-Acholi districts). The interviews were conducted by teams of trained interviewers led by researchers from the Human Rights Center (HRC), University of California, Berkeley, in partnership with the International Center for Transitional Justice (ICTJ). Makerere University Institute of Public Health partnered with UC Berkeley on two of the districts. The interviews took place between April 20 and May 2, 2005, using a structured questionnaire.

The minimum target sample size per district was approximately 500 respondents -- all of whom were selected through a geographic multistage stratified cluster sampling technique. Three teams of 22 to 24 local interviewers, fluent in the local languages, conducted the interviews. The Institute of Public Health at Makerere University assisted in the formation of the teams in Soroti and Lira. In Gulu and Kitgum, a selection was made from a list of local interviewers who had previously worked with other organizations. Each team reflected the ethnic composition of the district. Prior to the launch of the survey, the instrument was extensively piloted and adjusted. The resulting structured questionnaire used an open-ended questions format. Response options were given to facilitate the interviewer's recording of the responses. Finally, the data was entered and analyzed using Statistical Package for the Social Sciences (SPSS) software version 13.0.

The specific objectives of the survey were to:

1. Measure the overall exposure to violence as a result of war and human rights abuses in Northern Uganda since 1987;

2. Understand the immediate needs and concerns of residents of towns, villages, and internally displaced person (IDP) camps in Northern Uganda;

3. Capture opinions and attitudes about specific transitional justice mechanisms, including trials, traditional justice, truth commissions, and reparations; and

4. Elucidate views on the relationship between peace and justice in Northern Uganda.

These are some of the main conclusions of the research:

- The levels of exposure to violence in Northern Uganda are extremely high. The people of Northern Uganda have been exposed to an extremely high level of violence. Of the 2,585 respondents, 40 percent had been abducted by the LRA, 45 percent had witnessed the killing of a family member, and 23 percent had been physically mutilated at some point during the conflict. The extent and nature of the violence will require a variety of mechanisms to be implemented as part of a transitional justice strategy for Northern Uganda. For example, a majority of respondents (81 percent) said they wanted to speak publicly about what had happened to them, and many supported reparations measures for victims.

- Immediate needs and concerns include peace and food. Survey respondents named the availability of food (34 percent) and a sustained peace (31 percent) as their top priorities.

- Peace and justice are not seen as mutually exclusive. Respondents viewed peace and justice as a complex relationship that was not necessarily mutually exclusive. Indeed, given the opportunity, many would like to have both. About three-quarters (76 percent) of the respondents said that those responsible for abuses should be held accountable for their actions. When respondents were asked whether they would accept amnesty if it were the only road to peace, 29 percent said no. Respondents also noted that the Ugandan government and the international community were key actors in the areas of peace, accountability, and justice.

- Accountability for crimes committed by all sides is a priority. When asked how they wanted to deal with the LRA, respondents fell along a spectrum, favoring options ranging from punishment (trial, imprisonment, killing, 66 percent), to forgiveness, reconciliation, and reintegration (22 percent), to confronting and/or confessing to the community (2 percent) and granting compensation to victims (1 percent). Most respondents (76 percent) said that UPDF members should be held accountable for their crimes.

- The amnesty process is supported, but should be reformed. Sixty-five percent of respondents support the amnesty process for LRA members. However, only 4 percent said that amnesties should be granted unconditionally, and the vast majority noted that some form of acknowledgement and/or retribution should be required of all those granted amnesty.

- Traditional and formal justice mechanisms (including the ICC) are poorly understood. Thirty-six percent of respondents said that the national court system was the most appropriate institution to deal with human rights abuses in Northern Uganda. Knowledge of traditional justice ceremonies was markedly higher in Acholi areas (55 percent) than in non-Acholi areas (19 percent). The majority of respondents (73 percent) knew nothing or very little about the ICC's existence and work. Of those who had heard of the Court, a majority attached high expectations to it, believing that the ICC would contribute both to peace (91 percent) and justice (89 percent).

Peace and justice will be achieved in Northern Uganda only through an inclusive process that involves a wide range of stakeholders, including victims, bystanders, and perpetrators. This requires consulting widely and broadly on the feasibility and applicability of transitional justice measures and, most of all, giving those most affected by the violence a voice in the process.

The peace-versus-justice debate in Northern Uganda has become unnecessarily polarized over the controversy surrounding the ICC, and is often put into stark terms of false alternatives between peace and justice. Indeed, the way forward in Northern Uganda should be driven by a comprehensive strategy that integrates the strengths of all mechanisms -- formal and traditional -- aimed at bringing peace and justice to the region.

To this end, the report concludes with the following recommendations:

1. To the International Community: Facilitate a series of meetings involving local, national, and international stakeholders to develop an integrated and comprehensive strategy for peace and justice in Northern Uganda. A real danger exists that the current debate of peace versus justice will revert into one of competing, alternative options that divides talents and resources, rather than uniting them around a set of common goals. This demonstrates the need for enhanced dialogue between stakeholders and, potentially, a series of meetings. The mechanisms currently suggested are likely to function simultaneously, and an integrated approach will be needed to ensure their complementarity. There is also a need to conduct further population-based surveys in Northern Uganda to determine how attitudes about peace and justice evolve over time. The international community should support further initiatives.

2. To the Ugandan Government: Reform the amnesty process so that it is more inclusive and better meets victims' expectations. Survey respondents expressed a level of support for the work of the Amnesty Commission, but they also said some form of acknowledgement and/or retribution -- confessing wrongdoing, apologizing to the victims and the community, punishment, and/or compensation to victims -- should be required of those granted amnesty. These elements are key to successfully reintegrating former LRA members into the community. The amnesty process could be expanded to include truth-telling mechanisms, measures for commemoration of victims, and reparations for harm suffered.

3. To Local Leaders: Increase consultation capabilities so that the views and opinions of constituents can be better integrated into policies aimed at achieving peace and justice. The research indicates that there is public support for certain local initiatives, such as the amnesty process. However, views on the suitability of traditional justice ceremonies for dealing with violations committed by the LRA are less sanguine. Local leaders have a crucial role to play in guiding the process of peaceful reintegration of postwar communities, but they must do so in close consultation with their constituencies.

4. To the International Criminal Court: Implement an outreach strategy that fosters greater awareness among Ugandans of the court's mandate and mode of operations. This effort should aim to disseminate more information about the Court and engage the public in dialogue. Such a strategy should also seek to manage the expectations of victims, many of whom believe the ICC can deliver more than it is able. As part of such a strategy, the Court should establish a presence in the North so that people will have regular access to ICC staff. Finally, the ICC should consider holding trials in situ to increase public access to its proceedings.

(pdf* format - 2.6 MB)