Restorative justice and the reintegration of former child soldiers into communities : a case of Uganda

Thesis (LLD)--University of Pretoria, 2013.The high prevalence of internal armed conflicts worldwide has led to gross violation of human rights which include but are not limited to mass killings, loss of property, sexual violations and recruitment of child soldiers. The widespread involvement of child soldiers in combatant activities has been observed in Afghanistan, Cambodia, Mozambique, the Democratic Republic of Congo, Rwanda, Liberia, Sierra Leone, and Uganda. Studies show that child soldiers have participated in committing atrocities such as killing, maiming, looting and raping women and girls. Notwithstanding the evidence of atrocities committed by child soldiers, some scholars, victims, and Organisations argue that these children should be treated primarily as victims rather than perpetrators, with a focus on their rehabilitation and reintegration. This is attributed to the fact that such children were forcefully recruited at a young age, subjected to initiation rituals, and coerced to commit atrocities. Moreover, the voluntary recruitment of some children is attributed to conditions such as peer pressure, the need to survive, the desire for revenge for atrocities committed against their families, and the promises of financial benefits. On the contrary, others acknowledge child soldiers as victims of war in the broad sense, but further argue that these children should be held accountable for the atrocities they commit. Such scholars recommend the adoption of appropriate informal mechanisms like truth commissions, traditional justice processes, and restorative justice. The growing interest in the adoption of restorative justice within the transitional context is premised on its inclusive attributes that advance accountability, reconciliation, reintegration, and rehabilitation. Some of these attributes include repairing the harm caused, active responsibility, dialogue, community participation, mutual outcomes, and reparations. The divergent views as to whether child soldiers are merely victims or whether they should be held accountable, has resulted in the adoption of varying transitional justice approaches for the atrocities committed by these children. Within Sierra Leone and Rwanda, victims demanded the prosecution of all perpetrators including child soldiers. The communities affected by the conflict in Uganda preferred traditional justice mechanisms, which embody some aspects of restorative justice, over prosecution in dealing with the atrocities committed by child soldiers. Traditional justice mechanisms, as used prior to the conflict, presented opportunities for accountability and reconciliation during the resolution of disputes. However, the research within communities in Uganda indicates that the adoption of traditional justice mechanisms in the context of the present conflict has barely realised accountability and reconciliation. This is due to complex issues pertaining to the nature of atrocities committed, the identification of parties to the atrocities, the devastated economic structures, and the proportionality of punishments to the atrocities committed. Nonetheless, the majority of community members reiterate the significance of traditional justice processes in the realisation of accountability for all the crimes committed in order to foster reconciliation, and the reintegration of child soldiers. The absence of appropriate accountability and reconciliation mechanisms for the atrocities committed resulted in the stigmatisation, harassment, and isolation of child soldiers especially those who allegedly committed atrocities. This negatively affected the successful rehabilitation and reintegration of these children, some of whom relocated away from home. This is an indication that although communities acknowledge that former child soldiers are victims, it does not obliterate their desire for accountability and reconciliation owing to the fact that some of these children participated in the commission of brutal atrocities. The study concurs with arguments that child soldiers need to be held accountable or responsible for the crimes they commit in order to foster their reintegration. This can be attained through mechanism(s) or processes that strike a balance between the communities’ desire for accountability, and the best interests of child soldiers which is effective reintegration and rehabilitation. Therefore, it is important for such a mechanism(s) to embody aspects of accountability, reconciliation, rehabilitation, and reintegration. Relying on the discourse pertaining to transitional mechanisms adopted in countries such as Sierra Leone, Liberia, and Rwanda in dealing with atrocities committed by child soldiers, this study explores restorative justice and its potential to bring about reintegration, accountability, and reconciliation between child soldiers and their communities in Uganda without undermining international instruments on child rights, national laws and policies on children affected by armed conflict, and the present traditional justice mechanisms used at community level.gm2013Centre for Child LawLLDUnrestricte