Joan Kagezi, Senior Principal State Attorney. Photo by Joseph Kiggundu, courtesy of Daily Monitor.
The Justice and Reconciliation Project wishes to offer the deepest condolences to the family, friends and colleagues of Ugandan Senior Principal State Attorney, Joan Kagezi. Kagezi was an ardent advocate for victim-centred transitional justice, and played a central role in the establishment of the International Crimes Division of the High Court of Uganda. JRP calls upon the Government of Uganda to thoroughly and expeditiously investigate Kagezi’s murder, and to hold to account the persons responsible. It should also continue to prioritise the processes of justice and reconciliation for which Kagezi tirelessly worked, such that all victims of terrorism and political violence in this country receive redress and accountability.
Although gone too soon, Kagezi’s legacy shall live on through the institutions and victims for which she tirelessly worked. She shall be greatly missed.
JRP has openings for a Gender Justice Project Assistant and M&E Assistant
Are you committed to responding to gender-based issues and the needs of vulnerable in conflict-affected communities? Do you have M&E experience?
The Justice and Reconciliation Project now has openings for dynamic and talented individuals with a passion for peacebuilding and human rights. Check out our Jobs & Internships page for more information on two job openings for a Gender Justice Project Assistant and a Monitoring and Evaluation Assistant.
Note that the deadline for these jobs is Monday, 13 April!
ICC Prosecutor, Fatou Bensouda, visits the the memorial site for the Lukodi massacre of 2004.
On 27 February 2015, the Prosecutor for the International Criminal Court (ICC), Fatou Bensouda, visited Uganda to engage with communities affected by the Lord’s Resistance Army (LRA) war, civil society working in human rights as well as government representatives. During her time in Uganda, Ms. Bensouda visited Lukodi – the site of the LRA massacre, for which former commander Dominic Ongwen is charged with leading – for the first time to pay her respects and listen to the concerns of community members.
During her visit with civil society, including JRP , was presented to her. Below is an extract of that statement:
Prosecutor to move beyond proving Ongwen’s guilty but take a deep look into the entire Northern Uganda Situation and take into account the circumstances that led Ongwen into LRA insurgency as an important factors for the trial, including examination of the different layers of responsibilities, by the state such as the responsibility to protect. Court processes should promote a broader pursuit of justice and reconciliation in northern Uganda and LRA affected communities. The ICC prosecutor should expand investigation to include other parties who committed crimes in the context of the LRA war including state actors and international sponsors Propose/recommend a live broadcasts of all court proceedings in northern Uganda to inform affected communities of ongoing court processes Urge proper translation of all court proceedings to Ongwen with appropriate dialects-preferable Lamogi/Patiko and with a legal background. Office of Prosecutor and Registry to source a competent translator with above qualifications. Witness protection be availed to both prosecution and defence team on a sustainable basis to avoid a repeat of the Kenyan experience. ICC should be cautious in its relationship with the state-(Gov’t of Uganda) to avoid perception of Gov’t influence and biasness Court to keep open its investigation into the N.Uganda situation including the situation of forced encampment and GBV in northern Uganda. Ensure effective victims participation from LRA affected communities targeting real victims not necessarily those who speak for other victims. Demand an Insitu (local court sitting) court proceedings in Gulu, northern Uganda at some stage of the trial to engage victims groups Court to facilitate regular visits to Ongwen during his detention at The Hague including by CSOs and family members to assess welfare and report to the communities as confidence building. Prosecutor/Court to pronounce herself about the fate/status of the other suspects including Vincent Otti, Okot Odiambo whether they are alive or dead. Both parties to the LRA conflicts should be made to account and the court should expand its investigation beyond northern Uganda. Court to make a determination on what should happen to crimes committed in northern Uganda before ICC jurisdiction and use its trial to complement comprehensive transitional justice measures in LRA affected areas. CSOs strongly recommend appropriate reparations to all victims of LRA insurgency in the affected areas and immediate measures to address potential inter-communal fall outs from the ongoing Ongwen’s prosecution
Other updates in the Ongwen trial:
– Confirmation of charges hearing postponed to January 2016 – Representative of Dominic Ongwen selected: Kripus Ayena Odongo – Decision on the application process of victims set, 4 March
Lukodi village, the site of a 2004 massacre by the LRA for which Dominic Ongwen is accused of leading.
Last month, we blogged about former Lord’s Resistance Army (LRA) Commander Dominic Ongwen’s first appearance at the International Criminal Court (ICC) for war crimes and crimes against humanity. As part of our TJ Monitor, we will be giving updates on the case and other related proceedings.
Non-redacted warrant of arrest reveals Ongwen was charged with leading Lukodi massacre
On 28 January, the ICC reclassified its warrant of arrest for Dominic Ongwen its public. Previously, the warrant indicated that Ongwen was charged with seven counts of war crimes and crimes against humanity under the Rome Statute for leading a massacre in 2004 on an unnamed internally displaced persons (IDP) camp in northern Uganda. Following Ongwen’s surrender and transfer to The Hague, the redactions on the warrant were removed, revealing that the attack Ongwen is alleged to have led was on an IDP camp in Lukodi, a village 17 kilometres from Gulu town, on 19 May 2004.
In 2011, the Justice and Reconciliation Project documented the experiences of survivors of what has come to be known as the Lukodi massacre. According to witnesses to the massacre, including formerly abducted persons with insight into the workings of the rebel group, the LRA attacked the camp as an act of revenge on Lukodi’s residents because they believed they were collaborating with the government in its fight against the rebels. Respondents also said that the massacre was led by an LRA commander called “Tulu”.
Following the massacre, hasty burials were carried out in shallow graves for the approximately 60 people that died. Exhumations of the bodies were also reported to have been conducted by government officials, apparently as a response to ongoing investigations related to Uganda’s referral of the LRA situation to the ICC in 2003.
Ongwen’s case separated from other LRA top commanders
On 6 February, Single Judge Ekatarena Trendafilova, who is presiding over the Pre-Trial Chamber, severed Ongwen’s case from the charges levelled against the other top LRA commanders indicted by the ICC, Joseph Kony, Vincent Otti and Okot Odhiambo, who are still “at large”. This means that Ongwen’s case will go ahead independently of the other commanders’.
This decision was rendered on the basis that pursuing the charges against all four would “bring about serious prejudice to Mr. Ongwen as it has the potential of prolonging the pre-trial proceedings against him”. In addition, the Judge ordered that the case be assigned a new case number, and all documents and decisions rendered in relation to it be assigned to its new case record.
Prosecution applies for the postponement of confirmation of charges
Last Thursday, the Office of the Prosecutor applied to the Pre-Trial Chamber for Dominic Ongwen’s confirmation of charges hearing to be rescheduled to 31 January 2016 for several reasons, including the need to provide time for the prosecution to renew contact with its witnesses and assess their “security situation”. The provisional date for the confirmation of charges hearing was originally set for 24 August 2015 during Ongwen’s initial appearance hearing in January.
The confirmation of charges hearing
This hearing will be held by the Pre-Trial Chamber to confirm the charges on which the Prosecutor intends to seek trial. At the hearing, the Prosecutor presents evidence to support each charge leveled against the accused in order to establish “substantial grounds to believe” that he or she committed the crimes charged. The accused may in response object to the charges, challenge the evidence presented by the Prosecutor and present evidence. The Pre-Trial Chamber will then confirm the charges in relation to which it has determined that there is sufficient evidence and commit the accused to the Trial Chamber for trial.
Currently, Dominic Ongwen’s confirmation of charges hearing is set for 24 August 2015.
In terms of Article 67 (2) of the Rome Statute, the Prosecutor is obliged to disclose evidence to the defence which may she believes will show Dominic Ongwen’s, as the accused, innocence, mitigate his guilt or affect the credibility of the prosecution evidence during the trial. In order to do this, the prosecution argued that there was a need to review up to 94,000 pages of its existing evidence given the years of dormancy the case has had. Additionally, the prosecution says it will have to renew contact with its 32 existing witnesses regarding their statements and assess their security, which it suggested would take till at least 7 April 2015. Following this, 140 additional witnesses would also possibly be interviewed, depending on whether their statements are assessed to be disclosable in terms of Article 67.
Other reasons cited for additional time to by the prosecution, was because they would need to apply for redactions of prosecution evidence, witness assessments and other items related to the case by at least 8 May. They would also need to conduct re-investigations and, possibly, additional investigations into the case, as well as transcribe, translate and analyse up text and audio interviews, some of which could take from four to five months. The prosecution also suggested considering adding new charges against Ongwen was also a factor which would require extra time beyond August.
Following this application, the Single Judge will render a decision after considering the request and ascertaining the views of the defense.
ICC warrant of arrest for Dominic Ongwen re-classified as public.
12 February
The Office of the Prosecutor submits an application for the postponement of Dominic Ongwen’s confirmation of charges hearing from 24 August 2015 to 31 January 2015.
7 April
The date by which the prosecution suggests the security assessment of its witnesses would be complete
8 May
The date by which the prosecution expects to complete its applications for redactions for items in its possession relating to its 32 witnesses.
24 August
Provisional date set for the confirmation of charges hearing
31 January 2016
Proposed date for the confirmation of charges hearing
Members of Rwot Lakica pose with Jeff Korondo on 7 February 2015 in Gulu
Rwot Lakica Women’s Group, a member of the Women’s Advocacy Network (WAN) at JRP, is pleased to release the music video for its new song “Lubanga Ber (God Is Good)” featuring group members and Acholi musician Jeff Korondo. The song and video, which chronicle the challenges facing formerly-abducted women during captivity and upon return home, were produced by Music for Peace (MfP), an initiative of northern Ugandan musicians to promote the power of music for peacebuilding and positive social change. It is envisaged that the song and video can be used by Rwot Lakica and the WAN as advocacy tools for redress and accountability for the wrongs they experienced during northern Uganda’s longstanding conflicts.
“Lubanga Ber,” recorded in the Acholi lakubukubu style, begins by thanking God for taking away the troubles and disturbances the women faced while in captivity of the Lord’s Resistance Army (LRA). This includes persevering the long treks, the heavy rains, and the tall mountains. It alludes to the stigmatization they faced from the community after turning home, saying “The low opinions they used to have about me, He has taken them away. The beauty of God can be seen on me.” The song also notes the present-day struggles of many formerly-abducted women, including lack of money to pay school fees for children (including those born in captivity), and access to land, shelter, and feeding. Another notable feature of the song is its call to those still with the LRA in central Africa to return home, and the appeal to know the Government of Uganda’s response to the women’s plight. Korondo’s verse urges the Acholi to embark on education, prayer, and protection of land.
The group intends to publicize the song through radio and dissemination to partners. The women are particularly interested in ensuring that it gets played in LRA-affected areas in central Africa, so that those still with the rebels can hear their voices and defect. They intend to produce additional songs in MfP’s recording studio in Gulu, so that their messages for peace and reconciliation can continue to be heard.
Dominic Ongwen while charges of war crimes and crimes against humanity are being read during the Initial Appearance hearing on 26 January 2015 (Picture: Philipp Schulz)
As part of the Justice and Reconciliation Project’s TJ Monitor, we will be regularly reporting about on-going proceedings during the trial of LRA Commander, Dominic Ongwen, at the International Criminal Court (ICC). Follow the TJ Monitor for developments in the pre-trial and trial stages for updates from The Hague.
On Monday, 26 January 2015 at 2 pm Dominic Ongwen appeared before the Pre-Trial Chamber II of the ICC in The Hague. During the appearance, single Judge Ekaterina Trendafilova repeated the charges against Ongwen, informed the defendant of his rights and set 24 August 2015 as the provisional date for the confirmation of changes hearing. As already previously announced by the ICC in a press release, since his arrival in The Hague, Ongwen reportedly received medical checks and treatments as well as access to a defense lawyer.
Throughout the initial appearance hearing, Ongwen was represented by his Duty Defense Counsel, Ms. Hélène Cissee, while Prosecutor Bensouda appeared on behalf of the Office of the Prosecutor (OTP). Ms. Cisse was appointed to be Ongwen’s Duty Counsel on 12 January and has a mandate to represent him until after the initial appearance hearing. As of now, Dominic Ongwen can choose his defense attorney. According to media reports, the Government of Uganda is to propose a team of defense lawyers to represent Ongwen.
When asked to verify his identity, Ongwen spoke in Acholi and informed the Judge that he was from Amuru District in northern Uganda. Interestingly, Ongwen said that he was born in 1975 and abducted in 1988 at the age of 14, contrary to previous reports regarding his age at abduction. Ongwen furthermore requested trial proceedings to be translated into the Acholi language for his benefit.
Following the verification of the identity of the accused, Judge Trendafilova confirmed that Ongwen was provided with the warrant of arrest in English and Acholi, and that he was informed about the charges brought against him, as well as his rights. The Single Judge mentioned that Ongwen already met with his Duty Counsel, Ms. Cisse, and representatives of the Registry of the ICC in Bangui in CAR, prior to his transfer to The Hague. Following this, a court officer read out the seven counts of war crimes and crimes against humanity Ongwen is facing.
Judge Trendafilova reiterated that the initial appearance was not yet a trial, and that no evidence would be presented or collected throughout the hearing. “Mr. Ongwen, you will be held innocent until proven guilty beyond reasonable doubt at trial,” the Judge confirmed.
Taking into consideration that the ‘situation concerning the Lord’s Resistance Army (LRA) in northern Uganda’ was the first to be referred to the ICC, and that both the Prosecution and Ongwen’s Defense require sufficient time in order to prepare their cases, while simultaneously taking into account Ongwen’s right to be tried without due delay, the Pre-Trial Chamber decided to provisionally schedule the confirmation of charges hearing for 24 August 2015.
On Wednesday, 28 January 2015, a Status Conference will be held in a closed session, in presence of the Prosecutor only.
Before the closing of the hearing, Ongwen’s Defense Counsel, Ms. Cisse – while stating that her client’s English “is less than basic”, and that all documents and evidence thus need to be translated into Acholi – highlighted that Ongwen “was forced to stay in the bush for more than twenty years” and basically had no access to formal education.
Background
Dominic Ongwen was transferred to The Hague last week, on January 21, following his surrender to or capture by Seleka rebels in the Central African Republic (CAR) earlier this month, on January 6. What exactly happened between Ongwen’s capture/surrender and his transfer to The Hague is not yet fully known, but various reports indicate that he went through the custody of the Seleka rebels, CAR forces, allegedly the Ugandan People’s Defense Force (UPDF), US Special Forces as well as finally the ICC.
The ICC issued an arrest warrant against Dominic Ongwen (and four other top LRA commander – including Vincent Otti and Joseph Kony) on 8 July 2005 for three counts of crimes against humanity (murder; enslavement; inhumane acts of inflicting serious bodily injury and suffering) and four counts of war crimes (murder; cruel treatment of civilians; intentionally directing an attack against a civilian population; pillaging). Specifically, the charges refer to Ongwen’s alleged criminal responsibility for crimes committed in northern Uganda in 2004. The Government of Uganda initially referred the situation regarding the LRA to the ICC on 16 December 2003, and the Prosecutor applied for respective arrest warrants against the five top LRA commander – including Dominic Ongwen – on 6 May 2005.
Almost a decade after the ICC initiated investigations in northern Uganda, Ongwen has now become the first LRA commander to face charges in The Hague. As previously documented by the Justice and Reconciliation Project, Ongwen was abducted by the LRA himself, as he was on his way to school, essentially making him a victim of the very crimes he is now facing before an international court. Throughout the years, Ongwen rose through the LRA to eventually become Joseph Kony’s second in command.
In 2008, JRP’s Field Note “Complicating Victims’ and Perpetrators in Uganda” examined questions of individual responsibility, agency and collective victimisation with Dominic Ongwen as a case study.
In 2008, the Justice and Reconciliation Project conducted research into the life of Lord’s Resistance Army commander, Dominic Ongwen. This documentation followed his and four other top LRA commander’s indictments by the International Criminal Court for crimes against humanity and war crimes. The Ongwen case study, that of a person abducted when he was “too little to walk” and who eventually rose to a senior rank in the rebel army, illustrated the complexities of notions of ‘justice’ and ‘victimhood’ in the LRA-Government of Uganda conflict. In particular, it drew attention to the need for justice processes that handle cases involving individuals who carry the dual victim-perpetrator identity, that promote sustainable peace and which are sensitive to the needs of communities affected by the war. Six years after JRP’s report, there is still a need to reiterate the need for this.
Complex identities
Having been abducted around the age of nine, Dominic Ongwen’s victimhood is a strong factor that should be taken into consideration during his trial and any future justice mechanism. He is just one example of one of many who are both victims of abduction and the state’s failure to protect its citizens, and who were systematically indoctrinated into the LRA and other rebel groups in Uganda. Therefore, strategies appropriate to these complex identities should be implemented, such as local leaders dialoguing with and sensitising communities on them, affected persons being consulted, and future investigations by the Court considering the historical context in which these crimes are committed in order to identify complex political victims.
Reparations
JRP’s work in northern Uganda has consistently revealed that conflict-affected communities’ concept of justice relate to their need for support to help rebuild their lives after decades of war. Many of these communities have been waiting for decades for their challenges to be addressed and often cite reparations in the form of compensation to victims of mass atrocities and their families, healthcare, education and livelihood support as their most pressing needs. It is vital, therefore, that any justice process involving Ongwen or any other matter related to the northern Ugandan conflict promotes the provision of reparations.
Community participation
It is also important that a justice process, such as Ongwen’s trial, should be as participatory as possible and ensure the rights of victims to have their interests heard. This means that witnesses should receive adequate protection, affected community views should be solicited and formal proceedings should be as expeditious as possible. Outreach by the Court is also essential to keep communities informed about the ongoing processes and to build legitimacy and understanding of what is going on. A high level of participation in this vein would contribute to a sense of ownership of the process by northern Ugandan communities
Gender justice
Any sort of accountability process should also accommodate the unique needs of victims that belong to vulnerable groups, such as women and children. Female victims, for example, often face health complications from combat and sexual and gender-based violence. In addition, they also struggle with providing education for themselves and are unable to support the children they bore during conflict. Any justice process that comes to bear should take into account the gaps that already exist in addressing this. It should, for instance, properly investigate crimes involving vulnerable groups, level charges that reflect SGBV and ensure special reparations for victims of SGBV crimes. A trial, in particular, should make provisions for victims to testify by providing adequate psychosocial support to them and by protecting their identities.
Complementary TJ
While attention at the moment is naturally focused on formal court processes, other transitional justice processes should not be forgotten. Processes such as memorialisation, widespread reparations and truth-telling are also crucial in addressing past injustices that have been levelled towards communities in northern Uganda. The work of the Justice and Reconciliation Project has continually emphasised the need for a comprehensive transitional justice policy, based on views garnered from conflict-affected communities, which the Government of Uganda continues to work on. Both these efforts and the needs of the communities affected by conflict should not be forgotten in the midst of the Ongwen case.
Lyrics (Translated from Acholi): Kony abducted my child Kony abducted my only child Kony abducted my beloved child I don’t sleep because of the pain of losing my son, my daughter, my sister, my brother and my spouse I leave my door open at night hoping that my loved ones will one day walk through back into my arms Who will give me answers? Who will tell me where my loved ones are? Who can give me information about their fate?
The Justice and Reconciliation Project is pleased to announce the release of Anino Ku, a song performed by the Families of the Missing group in Pece, Gulu and renowned Acholi artist John Oweka.
Anino Ku, which means “I don’t sleep” in Acholi, speaks to the challenges families of persons missing as a result of conflict face in northern Uganda. The Families of the Missing group was formed with the support of JRP in 2013 to rally support for the cause and has conducted community outreaches across Acholi sub-region in the past year to draw attention to the issue.
Anino Ku is released as part of JRP’s Right to Know campaign, which seeks to create awareness about missing persons in northern Uganda. Read more about the campaign here.
Last Thursday, the Justice and Reconciliation Project launched “Establishing the Extent of SGBV Revictimisation among Female Survivors of Conflict SGBV in Northern Uganda”, a report on a baseline study assessing redress on providing redress for SGBV on conflict related wrongs.
The study was conducted in May and June 2014 to inform JRP’s project, “Redress for Sexual- and Gender-Based Violence on Conflict-Related Wrongs,” which aims to support transitional justice (TJ) efforts of female survivors of SGBV in Adjumani, Pader and Lira districts.
The baseline operated under a simple, yet alarming observation, based on JRP’s years of working with conflict victims: war-affected women are continuously targeted for sexual- and gender-based crimes. It sought to establish the diverse nature and extent to which SGBV revictimisation targets and affects war-affected women in the aforementioned districts. In doing so, it sought to determine the:
Extent to which SGBV of today targets war-affected women;
Causes and consequences of SGBV revictimisation in war-affected communities; and
Perceptions and knowledge of the women and community regarding SGBV and SGBV revictimisation.
Perceptions and knowledge of the women and community regarding SGBV and SGBV revictimisation.
The launch and roundtable discussion on the findings of this survey was held in Lira on 24 November with members of a consortium of civil society organisations funded by the John D. and Catherine T. MacArthur Foundation and women representatives of Adjumani, Pader and Lira districts in attendance.
Limo Can Tek (of Pupwonya parish) performs a song and drama piece entitled “Kony Dwogo Lutino Gang” (“Kony return our children home”). This scene depicts an abducted person being forced to carry luggage after a rebel attack.
On 16 October 2014, Atiak sub-county headquarters hosted the post-participation event for the ‘Bearing Witness – Dealing with the past to create a better future’ project with the support of USAID SAFE. Through song, dance, poetry and theatre the six victims and survivors groups the Justice and Reconciliation Project worked with in 2014 showcased the post-conflict transition challenges and recommendations for the reconstruction of conflict affected communities that arose during the ten months the memory and truth-telling project was implemented.
See pictures from the event on our Facebook page here.
