Category Archives: Blog

TJ Monitor: what Kenya’s withdrawal from the ICC would mean for transitional justice

A few weeks ago we blogged about African leaders and their increasingly apprehensive stance towards the International Criminal Court. Just a few days ago – a week before the trial of the Deputy President of Kenya, William Ruto, began at The Hague – members of Kenya’s parliament voted to withdraw the country from being a party to the international court.

Ruto was charged with the crimes against humanity of murder, deportation or forcible transfer of population and persecution for acts organised during the election violence that occurred in Kenya in 2007 and 2008.

The countries current president, Uhuru Kenyatta, was also charged with crimes against humanity and his trial is set to begin in November.

What message does the potential withdrawal of one of the more prominent African state-parties to the Court’s statute send for accountability and transitional justice in the region?

The result of ongoing investigations and indictments by the ICC has been that African leaders, under the auspices of the African Union, have felt targeted by the Court and went as far as arguing that the ICC is biased against them. Critics of the Court have also accused it of being racist, imposing Western imperialism and harbouring anti-African sentiments.

If the Court is perceived to be biased against African countries, it is probably because all of the seven investigations it is currently conducting are for crimes allegedly committed in African states. The majority of the on-going investigations, however, were actually referred to the Court by the member states themselves. The Court is also conducting preliminary investigations in eight countries –which include Gambia and Nigeria.

Some argue that “home grown” solutions would be more effective in dealing with African cases. But international tribunals are only one aspect of accountability – being a party to the ICC does not mean countries are inhibited from pursuing their own national and regional forms of accountability, whether in the form of truth and reconciliation commissions or national trials, for instance. The Court, after all, was famously founded based on a principle of complementarity – meaning that it exists to support, but not take away the sovereignty of its member states.

If Kenya withdrew its support for the Court it would mean that individuals responsible for acts of impunity would have one less powerful check to keep them accountable for their acts and, therefore, less be deterred from committing mass atrocities.

Also, an indictment by the ICC does not guarantee that the accused person will be convicted. The presentation of evidence and arguments by both sides as well cross-examination of witnesses during a trial could contribute to the revelation of important details about the occurrences in question. Since truth-telling is an important component of transitional justice, a country that does not participate as a whole would deny itself an opportunity for the lessons that can learned from the process.

Another important aspect of Kenya’s withdrawal is that, as a leader in the region, this could set a precedent for more withdrawals by other African countries. This is a problem because the ICC, and international law as a whole, is built on the support of states that are party to its founding international law agreement. Without the support of state parties, the court would be weak and ineffective since countries would not have any legal obligation to implement its decisions.

We’ll be following the trial and other developments at The Hague in the TJ Monitor. Check back later for more!

Women’s Advocacy Network petitions the Government to take action to support war-affected women in northern Uganda

On the 23rd of August 2013, 73 members of the Women’s Advocacy Network submitted a petition on behalf of war affected women to the Gulu District Local Government. In the petition, the members of the grass-roots organisation, supported by the Justice and Reconciliation Project, request the Local Government representatives to appeal to the Government of Uganda to initiate policies which will address the needs of war-affected women in the region, many of whom were abducted by the Lord’s Resistance Army during its twenty year conflict with the Government of Uganda, and their children.

Specifically, the petition calls for action for the special needs of the children of war-affected women, some of whom were born in captivity, and who have continued to suffer the brunt of stigmatisation in their communities, despite the end of armed conflict. They are also often deprived of education and psycho-social support and, in some cases, do not know the identity of their paternal relatives.

The petition also requests that a reparations policy be adopted by the Government of Uganda to address the socio-economic needs of war-affected women, to help build their capacity to support themselves and to compensate them for the losses they suffered during the war. The women also request that accountability processes for the atrocities that took place during the war be effected in order to aid reconciliation and healing within communities and throughout the country.

The petition was put on the agenda to be tabled on Tuesday, September 10th 2013 at the Gulu District Local Government District Council Hall.

Read the petition below:

WAN Gulu District Local Govt Petition (pdf)

#CommunityVoices – Missing Persons Profile – Oming Geoffrey

30th August 2013 marks the International Day Against Disappearances. The issue of the disappeared strikes at the core of one of the largest unaddressed legacies of Uganda’s turbulent past. In northern Uganda, as a result of different conflicts, the most recent being the infamous Lord’s Resistance Army, people disappeared in West Nile, Acholi, Lango and Teso sub-regions. To date, the vast majority of the family members of the missing are unaware about the fate of their loves ones. In most cases, they don’t know whether they are alive or dead.

As the world commemorates the lives of people who disappeared, this August, Justice and Reconciliation Project is highlighting the profiles of persons still missing as a result of conflict in northern Uganda alongside their families and friends, and to ensure that the does not forget about their tragic plight.

MISSING PERSONS PROFILE

Oming Geofrey- 21years old- Disappeared in 2002Oming Geoffrey was abducted by the LRA from Ngai sub-county in Oyam district when he was 21. He was last seen in 2002 and his brother suggests amnesty as the solution to finding him.

Oming Geoffrey (pdf)

#CommunityVoices: Missing Persons Profile – Ojok Naman

30th August 2013 marks the International Day Against Disappearances. The issue of the disappeared strikes at the core of one of the largest unaddressed legacies of Uganda’s turbulent past. In northern Uganda, as a result of different conflicts, the most recent being the infamous Lord’s Resistance Army, people disappeared in West Nile, Acholi, Lango and Teso sub-regions. To date, the vast majority of the family members of the missing are unaware about the fate of their loves ones. In most cases, they don’t know whether they are alive or dead.

As the world commemorates the lives of people who disappeared, this August, Justice and Reconciliation Project is highlighting the profiles of persons still missing as a result of conflict in northern Uganda alongside their families and friends, and to ensure that the does not forget about their tragic plight.

MISSING PERSONS PROFILE

Ojok Naman was 14 years old when he was abducted in Aduk village in Oyam District by the LRA. He father simply wishes that his son would return home.

Ojok Naman (pdf) Ojok Naman - 14years old - Disappeared in 2004

#CommunityVoices: Missing Persons Profile – Odongo Dennish

30th August 2013 marks the International Day Against Disappearances. The issue of the disappeared strikes at the core of one of the largest unaddressed legacies of Uganda’s turbulent past. In northern Uganda, as a result of different conflicts, the most recent being the infamous Lord’s Resistance Army, people disappeared in West Nile, Acholi, Lango and Teso sub-regions. To date, the vast majority of the family members of the missing are unaware about the fate of their loves ones. In most cases, they don’t know whether they are alive or dead.

As the world commemorates the lives of people who disappeared, this August, Justice and Reconciliation Project is highlighting the profiles of persons still missing as a result of conflict in northern Uganda alongside their families and friends, and to ensure that the does not forget about their tragic plight.

MISSING PERSONS PROFILE

Odongo Dennish was 12 years old when he was abducted by the LRA rebels from CUT “A”, in Ngai sub-county in Oyam District. During the war, his photos and belongings were destroyed and today his mother requests the government to follow up the issue off missing persons.

Odong Denish (pdf)

 

#CommunityVoices: Missing Persons Profile – Obot Quinto

30th August 2013 marks the International Day Against Disappearances. The issue of the disappeared strikes at the core of one of the largest unaddressed legacies of Uganda’s turbulent past. In northern Uganda, as a result of different conflicts, the most recent being the infamous Lord’s Resistance Army, people disappeared in West Nile, Acholi, Lango and Teso sub-regions. To date, the vast majority of the family members of the missing are unaware about the fate of their loves ones. In most cases, they don’t know whether they are alive or dead.

As the world commemorates the lives of people who disappeared, this August, Justice and Reconciliation Project is highlighting the profiles of persons still missing as a result of conflict in northern Uganda alongside their families and friends, and to ensure that the does not forget about their tragic plight.

MISSING PERSONS PROFILE

Obot Quinto was 21 years old when he was abducted by the LRA from Ngai sub-county in Oyam district in Lango sub-region. He was last seen in 2003. His father requests the government or any other stakeholder to continue with the search for his son and other missing persons.

Obot Quinto (pdf)

#CommunityVoices: Missing Persons’ Profile – Anyango Betty

30th August 2013 marks the International Day Against Disappearances. The issue of the disappeared strikes at the core of one of the largest unaddressed legacies of Uganda’s turbulent past. In northern Uganda, as a result of different conflicts, the most recent being the infamous Lord’s Resistance Army, people disappeared in West Nile, Acholi, Lango and Teso sub-regions. To date, the vast majority of the family members of the missing are unaware about the fate of their loves ones. In most cases, they don’t know whether they are alive or dead.

As the world commemorates the lives of people who disappeared, this August, Justice and Reconciliation Project is highlighting the profiles of persons still missing as a result of conflict in northern Uganda alongside their families and friends, and to ensure that the does not forget about their tragic plight.

Missing Persons Profile

Anyango Betty was 15 years old when she was abducted by the LRA from Ngai sub-county in Oyam district in Lango sub-region in 1999. Her brother Oyel Denis wants amnesty to be implemented so that missing persons like Betty can return home safely.

Anyango Betty (pdf)

#CommunityVoices: Missing Persons Profile – Oto Alfancio

30th August 2013 marks the International Day Against Disappearances. The issue of the disappeared strikes at the core of one of the largest unaddressed legacies of Uganda’s turbulent past. In northern Uganda, as a result of different conflicts, the most recent being the infamous Lord’s Resistance Army, people disappeared in West Nile, Acholi, Lango and Teso sub-regions. To date, the vast majority of the family members of the missing are unaware about the fate of their loves ones. In most cases, they don’t know whether they are alive or dead.

As the world commemorates the lives of people who disappeared, this August, Justice and Reconciliation Project is highlighting the profiles of persons still missing as a result of conflict in northern Uganda alongside their families and friends, and to ensure that the does not forget about their tragic plight.

Missing Persons Profile – 

Oto Alfancio was last seen in Ngai sub-county in Oyam district when he was abducted by the Lord’s Resistance Army at only 15 years old. It has been 11 years since he went missing and his father, Odwar Richard, continues to search for answers to the whereabouts of his son.

Below is Alfancio’s Missing Persons Profile including contact information and a message from his father:

Oto Alfancio (pdf)

#CommunityVoices: God Is Not Fair At All (Part Two)

In the last #CommunityVoices the vehicle Atiku George was travelling in attacked and looted by rebels. After being hospitalised for months, Atiku was left in a wheelchair. We continue his story here.

As if that was not enough, while Atiku was just trying to pick up the pieces of his life, another tragedy befell him. On 8th March 2005, at 11pm after celebrating the international women’s’ day, the rebels attacked Dzaipi village killing and abducting an unknown number of people. It is common practice in the area that during dry seasons, most of the villagers prefer to sleep outside their houses on the compound as a way of dealing with the heat. It was during such a period when the rebels came and chopped the sleeping villagers using pangas and axes to death. The rebels attacked the home of George, killed his sister, tortured two of his sons Owala Nickson and Yata Dominic and abducted his 14 year old daughter Dorothy Onziya who is still missing up to date.

“This incident has really twisted my life in a wrong way,” laments Atiku as he thinks about the impact it has had on his life. Initially a wealthy business man, he lost all his property and money during the attack and on hospital bills making it difficult to take care of his family and pay fees for his children. Yet he requires medical attention as his remaining leg is continuously becoming week because of the foreign fragments that entered during the land mine attack. One month after the memorial, on our way to Adjumani, we learnt that Atiku is now bed ridden as his surviving leg has become to swollen with lots of pain. This requires surgery which he cannot afford. His two sons who were tortured by the rebels have since failed to recover and are having mental problems that has hindered them from going to school. Atiku is constantly traumatised and depressed because of his loss yet he does not know the fate of his daughter Dorothy.

“Honestly the rebels killed my sister, abducted my daughter whom I even don’t know whether is alive or dead. Then I have two mentally ill children as a result of the torture by the rebels whom I have to take care of in the state I am in. God is not fair at all.”

Atiku desperately wishes to get information about the fate of his daughter. “The loss of my daughter who is unaccounted for drives me crazy; I need accountability for my daughter,” he says. He hopes that government can compensate him for the loss of property to enable him to start a small business that can facilitate him to take care of his home and pay fees for his children.

“These children need to go to school yet I am their father and I cannot meet their needs,” laments Atiku. Because of the disability, he cannot do any heavy work and yet he requires urgent medical attention for a surgery to save his remaining leg and his life as he lies bedridden in his house.

Unlike other LRA affected areas such as in Acholi, Lango and Teso, in West Nile and specifically Adjumani District, there exist no civil society initiatives to help these communities recover from the effects of the conflict. It is no wonder that during the memorial prayers, Fr. Rapheal Ayiga, the parish priest of Dzaipi presented a memorandum to the Woman Member of Parliament for Adjumani district appealing for government and civil society intervention in the district to help the victims of conflict. He specifically mentioned the need for a rehabilitation centre in the sub county to support survivors like Atiku to aid their recovery. It’s my hope and prayer that victims like Atiku will find answers to the immense challenges that they are facing as a result of conflict in northern Uganda.

#CommunityVoices collects; preserves and makes accessible personal and collective accounts on experiences and highlights transitional challenges of communities affected by decades of conflict in northern Uganda. It’s our hope that this blog will serve as a medium for communities to share their experiences and for the public to appreciate the transition challenges that they go through

A circle of trust – Together we can! 2013 Women’s Exchange Visit

On 27 July, JRP hosted the 2013 women's exchange visit where war-affected women to share their experiences and discuss a mutual way forward for reparations and reconciliation in Uganda
On 27 July, JRP hosted the 2013 women’s exchange visit where war-affected women shared their experiences and discussed the forward for reparations and reconciliation in Uganda

On Saturday 27 July, war-affected women from different parts of northern Uganda came together to share their experiences and highlight the way forward for transitional justice advocacy in the region.

Representatives of victims groups in Teso, Acholi, West Nile, Lango and Luweero spoke passionately about what challenges women face today. Guided by the theme ‘together we can’ (which was translated into Lugbara, Acholi, Iteso and Lango different languages), the meeting also served as an opportunity for war affected women to discuss ways in which they can work together to achieve their collective objectives towards justice and reconciliation.

Below are pictures of the event.

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