Amnesty Act

Provides definitions for terms used in the Act: "amnesty", "commission", "DRT", "Minister", and "reporter".

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Chapter 294
Version: 31 Dec 2000
Language: en
Official source: View official record ↗

Source attribution: Source: Uganda Legal Information Institute

Statute overview

About this statute

Provides definitions for terms used in the Act: "amnesty", "commission", "DRT", "Minister", and "reporter". Persons who since 26 January 1986 engaged in war or armed rebellion as described are granted amnesty and shall not be prosecuted or punished for crimes committed in furtherance of that war or rebellion. Reporters who renounce involvement in the activities described and follow the specified reporting or surrender procedures are to be granted amnesty; the Director of Public Prosecutions must investigate detained persons and cause release of those who qualify; eligible reporters shall be issued a certificate as evidence of amnesty. An official or authority specified in section 3 who receives a reporter must hand over the reporter and any weapons to the subcounty chief of the area. The subcounty chief must hand over a reporter seeking amnesty to the Demobilisation and Resettlement Team.

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Provisions of Amnesty Act

Showing 17 of 17

Part I

Interpretation

1
Interpretation - Interpretation
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Provides definitions for terms used in the Act: "amnesty", "commission", "DRT", "Minister", and "reporter".

Section Interpretation Section In this Act, unless the context otherwise requires— " amnesty " means a pardon, forgiveness, exemption or discharge from criminal prosecution or any other form of punishment by the State; " commission " means the Amnesty Commission established under Part II of this Act; " DRT " means the Demobilisation and Resettlement Team; " Minister " means the Minister responsible for internal affairs; " reporter " means a person seeking to be granted amnesty under this Act.

Part II

Declaration of amnesty, etc.

2
Declaration of amnesty, etc. - Declaration of amnesty
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Persons who since 26 January 1986 engaged in war or armed rebellion as described are granted amnesty and shall not be prosecuted or punished for crimes committed in furtherance of that war or rebellion.

Section Declaration of amnesty Section An amnesty is declared in respect of any Ugandan who has at any time since the 26th day of January, 1986, engaged in or is engaging in war or armed rebellion against the government of the Republic of Uganda by— actual participation in combat; collaborating with the perpetrators of the war or armed rebellion; committing any other crime in the furtherance of the war or armed rebellion; or assisting or aiding the conduct or prosecution of the war or armed rebellion. A person referred to under subsection (1) shall not be prosecuted or subjected to any form of punishment for the participation in the war or rebellion for any crime committed in the cause of the war or armed rebellion.
3
Declaration of amnesty, etc. - Grant of amnesty
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Reporters who renounce involvement in the activities described and follow the specified reporting or surrender procedures are to be granted amnesty; the Director of Public Prosecutions must investigate detained persons and cause release of those who qualify; eligible reporters shall be issued a certificate as evidence of amnesty.

Section Grant of amnesty Section A reporter shall be taken to be granted the amnesty declared under section 2 if the reporter — Where a reporter is a person charged with or is under lawful detention in relation to any offence mentioned in section 3 , the reporter shall also be deemed to be granted the amnesty if the reporter — A reporter to whom subsection (2) applies shall not be released from custody until the Director of Public Prosecutions has certified that he or she is satisfied that— Persons to whom section 3 applies and who are living outside Uganda shall be deemed to have been granted the amnesty if— reports to the nearest army or police unit, a chief, a member of the executive committee of a local government unit, a magistrate or a religious leader within the locality; renounces and abandons involvement in the war or armed rebellion; surrenders at any such place or to any such authority or person any weapons in his or her possession; and is issued with a certificate of amnesty as shall be prescribed in regulations to be made by the Minister . declares to a prison officer or to a judge or magistrate before whom he or she is being tried that he or she has renounced the activity referred to in section 3 ; and declares his or her intention to apply for the amnesty under this Act. the person falls within the provisions of section 3 ; and he or she is not charged or detained to be prosecuted for any offence not falling under section 3 . Subject to subsection (3), the Director of Public Prosecutions shall investigate the cases of all persons charged with or held in custody for criminal offences and shall take steps to cause to be released all persons involved in such cases who qualify for grant of amnesty under this Act, if those persons renounce all activity mentioned in section 3 , in which they have been involved. they renounce all activities described in section 3 ; and report to any Ugandan diplomatic mission, consulate or any international organisation which has agreed with the Government of Uganda to receive such persons. A reporter who has complied with any of the provisions of subsections (1), (2), (3), (4) and (5) applicable to him or her shall be granted a certificate to be specified by regulations as evidence of the grant of the amnesty .
4
Declaration of amnesty, etc. - Reporter to be handed over to chief administrative officer
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An official or authority specified in section 3 who receives a reporter must hand over the reporter and any weapons to the subcounty chief of the area.

Section Reporter to be handed over to chief administrative officer Section An official or authority specified in section 3 who receives a reporter under section 3 shall hand over the reporter and weapons, if any, to the subcounty chief of the area.
5
Declaration of amnesty, etc. - Chief administrative officer to hand over reporter to Demobilisation and Resettlement Team
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The subcounty chief must hand over a reporter seeking amnesty to the Demobilisation and Resettlement Team.

Section Chief administrative officer to hand over reporter to Demobilisation and Resettlement Team Section The subcounty chief on receiving a reporter seeking amnesty , shall hand over that reporter to the Demobilisation and Resettlement Team established under section 10 .

Part III

Amnesty Commission

10
Amnesty Commission - Establishment of the Demobilisation and Resettlement Team
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A Demobilisation and Resettlement Team is established.

Section Establishment of the Demobilisation and Resettlement Team Section A Demobilisation and Resettlement Team is established.
11
Amnesty Commission - Composition of the Demobilisation and Resettlement Team
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The Demobilisation and Resettlement Team (DRT) must have no more than seven members, who are to be appointed by the President with the approval of the Sectoral Committee on Defence and Internal Security of Parliament.

Section Composition of the Demobilisation and Resettlement Team Section The DRT shall be composed of not more than seven members to be appointed by the President with the approval of the Sectoral Committee on Defence and Internal Security of Parliament.
12
Amnesty Commission - Functions of the Demobilisation and Resettlement Team
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The DRT must draw programmes for decommissioning of arms, demobilisation, resettlement and reintegration of reporters.

Section Functions of the Demobilisation and Resettlement Team Section The functions of the DRT shall be to draw programmes for— decommissioning of arms; demobilisation; resettlement; and reintegration, of reporters.
13
Amnesty Commission - Demobilisation and Resettlement Team to carry out functions in accordance with Regulations
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The DRT must carry out its functions in accordance with Regulations made by the Minister and, in day-to-day functions, be under the direct supervision of the commission.

Section Demobilisation and Resettlement Team to carry out functions in accordance with Regulations Section Subject to this Act, the DRT shall carry out its functions in accordance with Regulations made by the Minister . The DRT shall, in its day-to-day functions, be under the direct supervision of the commission .
14
Amnesty Commission - Salaries and emoluments of the commission and the Demobilisation and Resettlement Team
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The Minister in consultation with the Minister responsible for finance shall determine the salaries and emoluments of the members of the commission and the DRT which shall be charged on the Consolidated Fund.

Section Salaries and emoluments of the commission and the Demobilisation and Resettlement Team Section The Minister in consultation with the Minister responsible for finance shall determine the salaries and emoluments of the members of the commission and the DRT which shall be charged on the Consolidated Fund.
15
Amnesty Commission - Funds and expenses of the commission and the Demobilisation and Resettlement Team
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All monies to defray expenses of the commission or the DRT for carrying out the purposes of this Act are charged on the Consolidated Fund.

Section Funds and expenses of the commission and the Demobilisation and Resettlement Team Section All monies required to defray all expenses that may be incurred in the discharge of the functions of the commission or the DRT in the carrying out of the purposes of this Act are charged on the Consolidated Fund.
6
Amnesty Commission - Amnesty Commission
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Establishes an Amnesty Commission.

Section Amnesty Commission Section An Amnesty Commission is established.
7
Amnesty Commission - Members of the commission
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The Amnesty Commission is to be composed of a chairperson (a High Court judge or qualified to be one) and six other members appointed by the President with Parliament's approval.

Section Members of the commission Section The Amnesty Commission shall be composed of the following persons appointed by the President with the approval of Parliament— a chairperson who shall be a judge of the High Court or a person qualified to be a judge of the High Court; and six other members who shall be persons of high moral integrity.
8
Amnesty Commission - Functions of the commission
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The commission is required to carry out a set of functions including monitoring demobilisation, reintegration and resettlement programmes; coordinating public sensitisation on the amnesty law; promoting reconciliation and dialogue; and performing related functions.

Section Functions of the commission Section The commission shall have the following functions— to monitor programmes of— demobilisation; reintegration; and resettlement of reporters; to coordinate a programme of sensitisation of the general public on the amnesty law; to consider and promote appropriate reconciliation mechanisms in the affected areas; to promote dialogue and reconciliation within the spirit of this Act; to perform any other function that is associated or connected with the execution of the functions stipulated in this Act.
9
Amnesty Commission - Secretary and other staff of the commission
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The commission must have a secretary (a public officer) appointed in consultation with the Public Service Commission; the commission may remove the secretary only for incapacity, misbehaviour/misconduct, or incompetence; the secretary must perform functions assigned by the commission; the commission may appoint other officers and employees as necessary.

Section Secretary and other staff of the commission Section The secretary may be removed by the commission only for— The commission shall have a secretary who shall be a public officer appointed by the commission acting in consultation with the Public Service Commission, upon such terms and conditions as may be determined by the commission in consultation with the Public Service Commission and specified in his or her instrument of appointment. The secretary shall be a person of high moral character and proven integrity, possessing the relevant qualifications and proven ability in the field of public administration. The secretary shall perform such functions as may be assigned to him or her by the commission . inability to perform the functions of his or her office arising out of physical or mental incapacity; misbehaviour or misconduct; or incompetence. The commission shall also have such other officers and employees as may be necessary for the discharge of its functions. The officers and employees referred to in subsection (5) shall be appointed by the commission acting in consultation with the Public Service Commission, and shall hold office upon such terms and conditions as shall be determined by the commission in consultation with the Public Service Commission.

Part IV

General

16
General - Duration
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The Act remains in force for a period not exceeding six months, and on expiry the Minister may extend that period by statutory instrument.

Section Duration Section This Act will remain in force for a period not exceeding six months and on expiry, the Minister may by statutory instrument extend that period.
17
General - Regulations
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The Minister may make regulations for the resettlement of persons under this Act and generally for carrying out the provisions and principles of the Act.

Section Regulations Section The Minister may make regulations for the resettlement of persons under this Act and generally for better carrying out the provisions and principles of this Act.

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