Tag Archives: Lino Owor Ogora

Why the government must expedite reparations for victims and survivors of the northern Uganda conflict

On 17th June 2014, I was confronted with news of the untimely death of a man called Buti, a victim and survivor of a Lord’s Resistance Army (LRA) ambush. Earlier in 2013 I had received news of the death of a woman called Celina, from the village of Obalanga in Amuria district. Celina was a survivor of a helicopter gunship bombing perpetrated by the UPDF in 2003. I came to know both in the course of my work as a researcher in northern Uganda.

Buti was the victim of an LRA ambush on 13th May 1994, along the Karuma-Pakwach highway. He was on his way back to Koboko from Kampala. In an attempt to jump out of the bus and escape, Buti broke his spinal cord. He spent four years in hospital, he was crippled for life, he lost his job, and his wife and mother to two of their children deserted him. Once productive and respected, Buti was reduced to a beggar.

Celina was the victim of a helicopter bombing incident by the UPDF on 9th July 2003. The LRA incursion had just spread into Teso sub-region and all civilians in Obalanga had fled into IDP camps. Celina was part of a group of people who had remained behind to nurse a sick brother, Ejabu Michael, when a UPDF helicopter gunship flying overhead mistook them for LRA rebels, and opened fire.  The civilians scampered for safety as bombs exploded to their left and right. The hut in which Michael lay ill was set ablaze by one of the mortar shells, and he died instantly. By the time the gunship left, nine people were dead. Selina lost five relatives in the incident including both her mother and father in law, her brother (Ejabu Michael) and her two nephews (Okello Silver and Edyegu Daniel).

Both Buti and Celina’s lives were shattered by their experiences, and they were hoping for compensation and reparations from the Government.

On behalf of other victims in West Nile, Buti had formed an association called the West Nile Kony Rebel War Victims’ Association (WNKRWVA) and had begun lobbying for help from the Government. He succumbed to kidney failure as a result of his 2003 accident before his efforts could bear fruit.

Celina lived a quieter life in Amuria but unfortunately became embroiled in a land dispute, and one morning she was found hanging by the neck in a suspected case of suicide. It is difficult to tell if she took her own life, or if her death was framed to appear so.

The UN basic principles and guidelines on the right to a remedy and reparations calls upon states to make available adequate, effective, prompt and appropriate remedies including reparations for victims of gross violations of international human rights law and serious violations of international humanitarian law.

The Government of Uganda, through the Justice Law and Order Sector (JLOS) is currently in the process of drafting a national transitional justice policy, which is supposed to provide a framework for the implementation of reparations. On 26th January 2014, President Yoweri Museveni acknowledged that war crimes and human rights violations had been committed in northern Uganda, and that victims were entitled to reparations.

The only question that remains is when the Government’s efforts will bear fruit. In meantime we can only pray that victims live long enough to receive reparations for their suffering.

Mato Oput in Acholi

Pending Questions Regarding Traditional Justice

Today marks the beginning of regular posts from JRP team leaders. This was written by Documentation Team Leader, Lino Owor Ogora. For comments or questions related to the post, please email ogoralino(at)gmail.com or follow the instructions at the bottom of the post.

——————————————————–

Mato Oput in Acholi
A mato oput ceremony in Acholi-land

Today I am concluding a regional consultation organized by the Northern Uganda Transitional Justice Working Group (NUTJWG) on traditional justice in northern Uganda. The consultations were held in the four sub-regions of Teso, Lango, West Nile, and Acholi.

Since the Juba Peace Talks were held between 2006 and 2008, northern Uganda has grappled with the question of how to use alternative justice mechanisms, and in particular traditional justice, for reconciliation and accountability. However, almost four years after the close of these talks, questions remain pending around traditional justice that are not answered. They include questions such as the following:

 

  1. How should traditional justice and formal justice mechanisms complement each other?
  2. How should accountability be pursued within traditional justice mechanisms? Or are traditional justice mechanisms punitive enough?
  3. What is the role of women?
  4. How can capacity of traditional institutions be built to handle traditional justice mechanisms?
  5. How can traditional justice mechanisms be funded?

If anyone has answers to some of these questions or wishes to engage in a discussion on the role of traditional justice, leave a comment on the JRP Facebook page or tweet to us on Twitter at @JRP_Uganda using the hashtag #traditionaljustice.

 

“Col. Kwoyelo rearrested within minutes of his release by High Court in Gulu,” Acholi Times, 14 Nov. 2011

“Col. Kwoyelo rearrested within minutes of his release by High Court in Gulu,” Acholi Times, 14 Nov. 2011
http://www.acholitimes.com/index.php?option=com_content&view=article&id=511%3Acol-kwoyelo-rearrested-within-minutes-of-his-release-by-high-court-in-gulu&catid=8%3Afront-news&Itemid=95

By Livingstone David Okumu

Uncertainty swept through the courtroom in Gulu High Court on Friday after former LRA Colonel Thomas Kwoyelo was whisked away under tight security to Gulu prison minutes after the International Crimes Division directed that he be set freed immediately. Col Kwoyelo, who was facing 53 counts of war crimes and crimes against humanity, was officially set free at 11:30 am after a 2 hour delay on Friday 11 November 2011.

The head of the court, Justice Dan Akiiki Kiiza after a brief apology to the court over the delay in convening the court said that they were simply following a directive from the Constitutional Court after its ruling on the 22nd September.

The Constitutional Court had ruled that the denial of Col Kwoyelo’s application for amnesty by the DPP was unconstitutional and contradicted articles 1, 2, 20 and 21 of the constitution of Uganda.

Justice Akiiki said the court in releasing Col Kwoyelo was simply following the directive of a higher authority.

“We hereby cease the trial of the accused Thomas Kwoyelo alias Latoni forthwith. And consequently direct the DPP and the Amnesty Commission to comply with the provisions of the amnesty act” he ordered before ending the session.

The court room burst into a murmur of approval as Kwoyelo, wearing matching green shirt and trousers, was directed by prison warders, into the back of the court.

However, the crowd, including his mother and sisters, who attended the session waited for more than 45 minutes in the hope of seeing Col Kwoyelo released, only to see him whisked away in two prison pickup trucks led by a police escort truck.

His mother, Rosolina Oyela said she was surprised by the incident because she expected to go back home with her son.

His lawyer, Francis Onyango declined to comment on the matter.

“I have no comment because there is a Supreme Court case over the issue,” he said.

Civil society, cultural and religious leaders in the region reiterated their called for the promotion of Mato Oput way of justice to the war affected communities in northern Uganda. Lino Owor Ogora, the head of research and documentation at the Justice and Reconciliation Project, said the way forward is to reconcile Kwoyelo with the victims in Pabbo.

He said technically Kwoyelo is free but realistically he is not since a needed to be face the communities of his victims to ensure that he leads a normal life in their midst.

Kwoyelo was whisked to Kampala after a brief stay a Gulu prisons.

“State ignores court ruling over Kwoyelo,” Daily Monitor, 13 Nov. 2011

“State ignores court ruling over Kwoyelo,” Daily Monitor, 13 Nov. 2011
http://www.monitor.co.ug/News/National/-/688334/1271924/-/bgurw8z/-/

By Moses Akena and David Livingstone Okuuu

Former Lord’s Resistance Army commander Thomas Kwoyelo was on Friday whisked off to prison despite a ruling by the International Crimes Division of the High Court set ting him free.

Justice Dan Akiiki Kiiza ordered for the release of Kwoyelo following an order by the Constitutional Court.

“We hereby ceased the trial of the accused person (Kwoyelo) alias Latoni forthwith. And consequently we hereby direct the Directorate of Public Prosecutions (DPP) and the Amnesty Commission to comply with the provisions of the Amnesty Act,” said Judge Akiiki.

Mr Frank Mayanja Baine, the Prisons spokesperson, last evening confirmed the continued detention of Kwoyelo, saying he is still facing two other charges.

“We work on documents and for someone to be released on amnesty, he or she must have a certificate, which Kwoyelo has not got, to be released. Once he gets the certificate and other documents for his release then we shall release him,” he said in a telephone interview.

Kwoyelo’s mother, Ms Rosolina Oyela, said she was surprised by the incident because she expected to go back home with her son.

His lawyer Francis Onyango, however, declined to comment on the matter. “I have no comment because there is a Supreme Court case over the issue,” he said.

Civil society want reconciliation
The court, however, did not mention the Supreme Court appeal.

Civil society actors in the region reiterated their call for reparations to war affected communities in northern Uganda, and reconciliation.

Mr Lino Owor Ogora, the head of research and documentation at the Justice and Reconciliation Project, said the way forward is to reconcile Kwoyelo with the victims in Pabbo.

Kwoyelo is the first LRA commander to be prosecuted for crimes committed during the two-decade war in northern Uganda that left thousand dead and millions displaced. He was captured in 2008 during Operation Lightning Thunder in Garamba Forest, eastern DR Congo.

The ICC in 2005 issued an arrest warrant for five top LRA commanders, including their leader Joseph Kony, Dominic Ogweng, Onen Kamdul and two others who died in the bush. Kony is said to be operating between Central African Republic and Sudan.

Kwoyelo Trial 11Nov11

Breaking News: ICD ceases Kwoyelo trial but doesn’t release from custody

Kwoyelo Trial 11Nov11
Thomas Kwoyelo during an ICD session in Gulu on November 11, 2011.

This morning JRP’s Documentation and Communications teams attended a session of the International Crimes Division (ICD) in Gulu pertaining to the trial of ex-LRA commander Col. Thomas Kwoyelo.

As a brief backgrounder, the trial opened on July 11th in Gulu (see a JRP overview of this here), and on August 5th was referred to the Constitutional Court in Kampala for a decision pertaining to issues raised by Kwoyelo’s lawyers of alleged unequal treatment and denial of amnesty, among others. On Sept. 22nd, the Court ruled that Kwoyelo was eligible for amnesty and to deny him would be unconstitutional. The matter was referred back to the ICD for presumed termination of the trial and Kwoyelo’s release. After an appeal was made by a State team to stay the execution of this order (i.e. to delay releasing him) citing a threat to national security and alleged communication with LRA financiers, on Nov. 10th, the Court of Appeal declined that request and upheld the Constitutional Court ruling. Kwoyelo’s release was slated for Nov. 11th in Gulu.

That brings us to today. It was widely rumored that Kwoyelo would be released, and many of his family members traveled long distances to receive him. However, a panel of three ICD judges confused many in attendance when they stated their compliance with the Constitutional Court ruling and ceased the trial, yet referred matters of his release to the Directorate of Public Prosecutions (DPP) and the Amnesty Commission. It appears as though his release will not be carried out until his amnesty is processed, and he was taken back to presumably Gulu prison by armed prison wardens shortly after the reading.

For photos from the day’s session, click here.

For a raw audio recording of Justice Akii-Kiiza, click here.

For a video with JRP’s Lino Owor Ogora commenting on the decision to local media, click here or watch below.

[yframe url=’http://www.youtube.com/watch?v=m4EVVuBc1tA&feature=youtu.be’]

JRP will continue to monitor events pertaining to this case as they unfold. Stay tuned for the latest updates. A video interview with Kwoyelo’s mother after the ruling and other clips from the day will be uploaded in the coming days.

JRP’s Lino Ogora Comments on Kwoyelo Trial, 11 Nov. 11

[yframe url=’http://www.youtube.com/watch?v=m4EVVuBc1tA&feature=youtu.be’]

On November, 11, 2011, the International Crimes Division (ICD) of the High Court of Uganda convened at the High Court in Gulu to follow recommendations set forth by the Constitutional Court pertaining to the trial of ex-LRA commander Col. Thomas Kwoyelo. After the ICD ordered the cessation of the trial and referred Kwoyelo’s release to the DPP and the Amnesty Commission, JRP’s Lino Owor Ogora answered questions by media outside the court building.

Copyright © 2011 Justice and Reconciliation Project

“Amnesty is the price northern Uganda paid for peace in the region,” Daily Monitor, 4 Oct 2011

“Amnesty is the price northern Uganda paid for peace in the region,” Daily Monitor, 4 Oct 2011
http://www.monitor.co.ug/OpEd/Letters/-/806314/1247450/-/10tmcoj/-/index.html

By Lino Owor Ogora

On September 22, the Constitutional Court ruled that ex- LRA commander Thomas Kwoyelo, was entitled to amnesty in line with Uganda’s Amnesty Act 2000. This ruling attracted mixed reactions from various sections of the public.

The question of whether or not to offer war criminals amnesty has always been controversial. It is a question that peacemakers around the world have had to grapple with. Many peace processes have been successful because of amnesty offered to perpetrators. In South Africa for example, amnesty was pivotal in ensuring that the leaders of the apartheid regime negotiated with and eventually handed over power to the African National Congress. It also encouraged many perpetrators who had committed war crimes to confess, which in some instances even led to the recovery of human remains which had been secretly buried. In West Nile, amnesty proved a critical factor in determining the surrender of the West Nile Bank Front II.

Likewise, in northern Uganda, amnesty is the price we have had to pay for peace. Amnesty in northern Uganda was so effective that it led to the surrender of many top commanders. According to the Amnesty Commission’s records, over 10,000 LRA combatants abandoned rebellion and were granted amnesty. Amnesty was even more critical given that the majority of the LRA army was composed of children abducted and turned into rebels. Kwoyelo falls into this category, having been abducted when he was only 15 years old.

But for many people, this part of Kwoyelo’s history does not matter. They feel he has to be punished for what he is now. While I agree that Kwoyelo must be held accountable, we should also keep in mind the circumstances surrounding him. The case of Kwoyelo is critical in ensuring that not all LRA fighters are viewed as a homogenous group of killers, which will enable us devise means of handling them on a case by case basis, a factor which was missing in Kwoyelo’s trial.

If it were not for amnesty, millions of people would still be living within IDP camps. Thousands more children would have been abducted, and even the Juba peace talks which ushered in the prevailing peace in northern Uganda would not have taken place.

It is not surprising that most of the people baying for Kwoyelo’s blood are those who live in comfort and safety outside northern Uganda. While such people may sympathise with victims, they do not understand the situation on the ground. If you lived in northern Uganda during the period of the insurgency, you would understand and appreciate the prioritisation of ‘peace first justice later’. It is because of this prioritisation that northern Ugandans were at the forefront of advocating amnesty as a crucial factor in ending the conflict.

Lino Owor Ogora,
Justice & Reconciliation Project, Gulu District

CICC Africa Update Sept 2011 pg4

“First LRA Trial Before the ICD,” CICC, September 2011

“First LRA Trial Before the International Crimes Division of the Ugandan Hight Court,” Coalition for the International Criminal Court,” September 2011
http://iccnow.org/documents/Africa_Update16_eng.pdf

 Note: JRP’s Lino Owor Ogora’s photos from the opening of the Thomas Kwoyelo trial in Gulu on July 11th appeared on page 4 of the September 2011 edition of the CICC Africa Update newsletter. The accompanying article was written by a representative of the Lira NGO Forum.

CICC Africa Update Sept 2011 pg4

“Absence Of Compensation Law Worries LRA War Victims,” Uganda Radio Network, 10 Aug. 2011

“Absence Of Compensation Law Worries LRA War Victims,” Uganda Radio Network, 10 Aug. 2011
http://ugandaradionetwork.com/a/story.php?s=35992

By Joe Wacha

Absence of a law regulating compensation of war victims is causing worry among the people, who suffered losses during the two-decade insurgency in northern Uganda.

Absence of a law regulating compensation of war victims is causing worry among the people, who suffered losses during the two-decade insurgency in northern Uganda.

Several people who lost family members, suffered harm or lost property during the war between Joseph Kony’s Lord’s Resistance Army rebels and government, have been demanding for compensation but such a move requires a legal basis for its successful realization.

During the Juba peace agreement, both government and the LRA rebels resolved that government should establish necessary arrangements for making reparations to victims of the conflict. The implementation protocol of the agreement signed on May 27th 2007 provides that government shall include a special fund for victims out of which, reparations shall be paid.

However, over four years later, no such arrangement has been initiated leaving some of the war victims to question the willingness of government to address their plight.

Already, a number of rights groups and civil society organizations have voiced their concerns over the absence of a policy providing for compensation of the war victims.

Catherine Lakareber, a twenty seven year old mother who was maimed during the war, says that for years they have continued to wait on government to pronounce itself on the issue of reparation.

Richard Todwong, the MP for Nwoya County in Nwoya district was previously assigned to compile the list of the war victims, when he was still a presidential adviser in charge of northern Uganda. Todwong says he registered over 6,000 war victims. He however notes that no attempt has been made to enact a law providing for the compensation of the victims.

As a result, Todwong says he is now preparing to move a Private Members Bill on Compensation of war victims.

Democratic Party president, Norbert Mao has underscored the need for such a law. He explains that the presence of a law governing compensation of war victims would make it a national government program and not for political patronage as is being practiced.

//Cue in: “Compensation to war victims…”
Cue out: “…victims’ compensation act.”//

Lino Ogora, a transitional justice expert in Gulu says that present attempts to provide compensation are biased. He cites the compensation of the Mukura victims that he said had no clear criteria and was conducted through an individual. In 2010, government paid 200 million shillings to the survivors and relatives of the 1989 Mukura massacre. On 11th July 1989 soldiers of the National Resistance Army suffocated to death 55 suspected rebels in a train wagon at Mukura in Ngora District.

“Uganda’s International Crimes Division Court Attracts Massive Critique,” Uganda Radio Network, 14 July 2011

“Uganda’s International Crimes Division Court Attracts Massive Critique,” Uganda Radio Network, 14 July 2011
http://ugandaradionetwork.com/a/story.php?s=35292

By Joe Wacha

The War Crimes Division of Uganda High court has come under sharp criticism from some members of the public only a few days after it started trying Thomas Kwoyelo, the former LRA director of operations.

Uganda’s International Crimes Division Court has come under sharp criticism from some members of the public only a few days after it started trying Thomas Kwoyelo, the former LRA director of operations. Kwoyelo is facing 53 counts of crimes for his alleged involvement in the LRA war from 1987 to 2005, when he was captured by government forces.

However, some people in Northern Uganda doubt whether the Uganda War Crimes Division court has the capacity to competently prosecute suspects. Bosco Ocan, a resident of Layibi Techo in Gulu municipality says that he doubts the independence of the judicial system in Uganda to be able to competently deliver justice.

Jane Akwero Odwong, a former Woman MP for Kitgum district is surprised that the court does not address crimes against gender. Adwong explains that whereas many women and girls were raped and subjected to sexual slavery during the war in northern Uganda, the charges have not been brought against Kwoyelo.

Louis Odong, another victim of the war complained that the court does not provide compensation for the people who suffered from the war and either lost relatives or property. Other people suggest that holding the trial nearer to the victims, only reminds them of the atrocities they suffered during the war.

However, not everyone is against the operation of the court. Onono Onweng, the retired Bishop of Northern Uganda says that court is a test and it is only right for it to draw critiques. He however hoped it would improve overtime.

Lino Owor Ogora, a transitional justice activist says that the court needs to lead in advocating the legislation of necessary laws for reparation and other areas people feel are not presently addressed.

But Tadeo Asiimwe, the registrar of the International Crimes Division of the High Court noted that the court is a permanent institution with the capacity to prosecute all war crimes and crimes against humanity. He added that the decision to move the trial to Gulu was intended to ensure the victims of the LRA war participate in the justice process.