UGANDA

8. The Bill is based on the principle that reconciliation depends on acknowledging
what happened and forgiveness and that acknowledgement and forgiveness can only
take place if gross violations of human rights are fully disclosed. National healing and
reconciliation will be greatly enhanced by a process that seeks to establish the truth
through public dialogue regarding the nature, causes, and consequences of violent
conflict and the impact these continue to have on the country and the people of Uganda.
9. The Bill proposes to establish a National Truth and Reconciliation Commission
to facilitate the process of reconciliation within the country and to investigate the
circumstances under which the gross violations and abuses of human rights were
committed, including their motives, perpetrators and victims and to disclose the truth
with respect to the violations in order to prevent a repeat of the violation or abuses in
future.
10. Whereas violations and abuses of human rights may be addressed through the
formal justice system, there is little or no room for reconciliation since the formal justice
system is based on retribution and is adversarial in nature.
11. The Bill therefore seeks to provide an alternative but complimentary justice forum
for violations and abuses of human rights by providing for full disclosure through truth
telling and the participation of the victims, perpetrators and the community in the justice
system in order to promote peace, unity and reconciliation within the country.
12. PROVISIONS OF THE BILL
The Bill comprises seven parts and four Schedules.
13. PART I OF THE BILL-PRELIMINARY
Clauses 1-3 deal with interpretation of the terms used in the Bill like, amnesty, human
rights abuse or violation, victim, etc; Clause 2 on application proposes that the Act should
apply to violations occurring since 1962 and should apply for five years with power for
Parliament to extend the Bill to acts occurring after 2011 or beyond the five years. Clause
3 gives the objective of the Bill.
14. PART II - NATIONAL TRUTH AND RECONCILIATION COMMISSION
Clauses 4-10 deal with the establishment of the National Truth and Reconciliation
Commission as a body corporate with capacity to sue or be sued. Clause 5 on composition,
qualification and tenure of the commission proposes that the commission should have
a chairperson and 12 commissioners appointed by the President on the advice of the
Selection committee and should serve for a period of five years.
Clause 6 establishes the selection committee appointed by Parliament for purposes of
identifying and recommending to the President persons suitable for appointment as
commissioners.
Clause 7 gives the grounds for removal from office of a commissioner like, inability to
perform the functions, misconduct, etc.
279