Updates on the High Court Ruling of Ex-LRA Commander Thomas Kwoyelo
Kampala, 27 January 2012
By Evelyn Akullo Otwili
Summary
On 25 January 2011, ex-LRA commander Col. Thomas Kwoyelo appeared before the High Court of Uganda in Kampala. Presided by Justice Vincent Tiwangye Zehurikirize, the Court ordered the Amnesty Commission and the Directorate of Public Prosecution (DPP) to grant Kwoyelo a certificate of amnesty and immediately release him.
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To Pardon or to Punish? Current Perceptions and Opinions on Uganda’s Amnesty in Acholi-land
Situational Brief: December 15, 2011
To read the full brief, click, here.
Uganda’s Amnesty Act of 2000 offers pardon to “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.”1 In northern Uganda, amnesty has been instrumental in fostering and encouraging the return of thousands of ex-combatants and abductees. The Amnesty Commission’s database indicates that, as of the 22nd August 2008, 22,520 former rebels have reported and been granted amnesty since the entering into force of the Amnesty Act (AA) in 2000. Approximately 48% of the reporters have been former members of the Lord’s Resistance Army (LRA).
Recently, on the 22nd September 2011, Uganda’s Constitutional Court ruled that ex-LRA commander Colonel Thomas Kwoyelo – charged with 12 substantive counts and 53 alternative counts of war crimes and crimes against humanity – was entitled to amnesty in line with Uganda’s 2000 Amnesty Act. The court ordered his trial to be halted forthwith. However, this court ruling attracted mixed reactions from national and international actors. While some applauded the court ruling and amnesty alike, others condemned both. At a national workshop on amnesty in Kampala on the 18th November 2011, this divide was evident with some parties calling for the amendment of the amnesty law. Even in the war-affected regions, where the amnesty law has been instrumental in fostering the return of thousands of ex-combatants, mixed reactions prevail among the local population. Although research on amnesty in northern Uganda has been carried out previously, there is no topical prospect concerning the current situation. Pending review and possible extension and/or amendment, Uganda’s current Amnesty Act is slated to expire in May 2012.
Against this background, the Justice and Reconciliation Project (JRP) carried out a rapid situational analysis between the 28th November and 06th December 2011 in the sub-counties of Bobbi and Unyama (Gulu district) and Koch Goma (Nwoya district), and Gulu and Kitgum towns to gauge the perceptions and opinions on amnesty and whether it is still relevant today in post-conflict northern Uganda. In this research, we spoke to 44 respondents – with a gender ratio of 26 male to 18 female – including local leaders, religious leaders, victims, formerly-abducted persons, and other community members, along with representatives of civil society organizations in Gulu town.
The analysis revealed that an overwhelming majority of our sample group still strongly support amnesty and consider it as vitally important for sustainability of the prevailing peace, reconciliation and rehabilitation. From this survey, a resounding 98% of respondents thought that the amnesty law was still relevant and that it should not be abolished. This situational analysis presents these perceptions concerning the relevance and role of amnesty and provides recommendations to policy-makers, organizations operating in these areas, as well as institutions working with victims and formerly-abducted persons.
To read the full brief, click, here.
Moving Forward: Thomas Kwoyelo and the Quest for Justice
A Rapid Situational Analysis on Perceptions and Opinions for the Way Forward
Read the full analysis here.
Having been charged with 12 substantive counts and 53 alternative counts of war crimes and crimes against humanity, Colonel Thomas Kwoyelo became the first Lord’s Resistance Army (LRA) commander to be charged before Uganda’s International Crimes Division (ICD), which held its first hearings on 11 July 2011. However, on 22 September 2011, Uganda’s Constitutional Court ruled that Colonel Thomas Kwoyelo was entitled to amnesty in line with Uganda’s Amnesty Act of 2000, and ordered his immediate release. This ruling was re-enforced by a Court of Appeal ruling on 10 November 2011 following an appeal to stay his release by the Attorney General. On 11 November 2011, the ICD ceased his trial but referred his release to the Directorate of Public Prosecutions (DPP) and the Amnesty Commission.
While his release is expected soon, questions remain hanging on what should happen to him following his release, and how he should be reintegrated into the community. With this in mind, the Justice and Reconciliation Project (JRP) carried out a rapid situational analysis from 4-8 November 2011 in Pabo sub-county (Amuru district) and Gulu town to gauge the perceptions and opinions regarding the way forward for Thomas Kwoyelo, and what should happen to him in the event that he is released. We spoke with 33 respondents, including local leaders, religious leaders, victims, formerly-abducted persons, and residents of Pabo town, along with members of Kwoyelo’s family and civil society organizations in Gulu town.
The analysis revealed that the situation on the ground, and more specifically in his home area of Pabo, is highly volatile and unpredictable, and opinions regarding his reintegration into the community are widely varied. Furthermore, many of Pabo’s residents – including his family members – feel unprepared, uninformed and confused about how to proceed. This situational analysis presents these perceptions concerning the Constitutional Court ruling and makes recommendations for Kwoyelo’s rehabilitation and reintegration in the event that he is released.
Read the full analysis here.
On September 21st, JRP and the MAYANK Development Association organized celebrations for the annual International Day of Peace (Peace Day) 2011 in Yumbe district, West Nile sub-region, Uganda.
JRP’s Lindsay McClain delivered the key note address on behalf of the organizers, providing an overview of the history of Peace Day and its mission, and the relevance for West Nile and Yumbe in particular. Next year, the region will celebrate the 10th anniversary of the 2002 Yumbe Peace Accords that ended the conflict between the UNRF II and the Government.
To read the full address, click here.
By Sylvia Opinia and Friederike Bubenzer
JRP-IJR Policy Brief No. 4
This policy brief assesses the gender‐specific transitional justice (TJ) needs of survivors of gender‐based violence in Northern Uganda.
From November 2010 to February 2011, the Justice and Reconciliation Project (JRP), in collaboration with the Institute for Justice and Reconciliation (IJR), organized a series of consultations with victims of conflict in Northern Uganda, entitled ‘Enhancing Grassroots Involvement in Transitional Justice Debates.’ The consultations, held in the Acholi/Lango, Teso, and West Nile sub‐regions, focused on truth‐telling, traditional justice, reparations and gender justice within the context of Uganda’s transitional justice processes.2 As part of the consultations, a separate session was held on the topic of gender justice and the extent to which it does / does not presently feature in Uganda’s transitional justice framework. Discussions at the consultations highlighted the need for Uganda’s unique gender relations and dynamics to be closely scrutinized and taken into consideration by policy‐makers in the development of transitional justice mechanisms.
The Justice Law and Order Sector (JLOS) is currently developing and implementing an accountability and reconciliation framework to deal with the legacies of conflict in Uganda. With the progress in the establishment of the International Crimes Division (ICD) of the High Court, JLOS has undertaken a series of consultations in order to propose law and policy reforms in line with its mandate. This process presents an excellent opportunity to critically examine and document the widespread occurrence of gender‐based violence in Northern Uganda and the vast implications on individuals and communities.
This policy brief describes gender‐based violence, its occurrence and effects on local communities during and after the conflict in Northern Uganda, as well as the needs of the victims as expressed during the JRP‐IJR consultations. It concludes with a series of recommendations to the Government of Uganda through the Justice Law and Order Sector.
To download the full brief, click here.
By Roza Freriks and Lino Owor Ogora
JRP-IJR Policy Brief No. 3
This policy brief explores the continued relevance of truth‐seeking as an instrument of transitional justice and peace building in Northern Uganda. Over two years after the dissolution of the Juba Peace Talks in November 2008, several questions remain unanswered regarding how truth‐seeking might promote accountability and reconciliation in Northern Uganda.
From November 2010 to February 2011, the Justice and Reconciliation Project (JRP), in collaboration with the Institute for Justice and Reconciliation (IJR), organized a series of consultations with victims of conflict in Northern Uganda, entitled ‘Enhancing Grassroots Involvement in Transitional Justice Debates.’ The consultations, held in the Acholi/Lango, Teso, and West Nile sub‐regions, focused on truth‐telling, traditional justice, reparations and gender justice within the context of Uganda’s transitional justice processes.
This policy brief captures victims’ views on truth‐seeking in Northern Uganda. During the consultations it became evident that victims across Northern Uganda want to understand what exactly took place during the conflict and why. They insist that only after learning the truth will they be able to forgive and reconcile with the perpetrators. This policy brief is intended to inform relevant stakeholders of the need for a truth‐telling process in Uganda, the challenges such a process presents, and propose a way forward for the Ugandan truth‐telling process.
To download the full brief, click here.
By Lindsay McClain and Allan Ngari
JRP-IJR Policy Brief No. 2
After more than two decades of conflict, victims, the Government and civil society in Uganda are grappling with how to implement effective transitional justice (TJ) mechanisms in the country. Informed by widespread consultations with victims across the greater northern region of Uganda, this policy brief focuses specifically on the right to reparations and aims to highlight the most pressing reparations needs identified by victims. The briefing concludes with specific recommendations to concerned parties, namely the imperative need for a national framework to guide reparations processes in Uganda.
From November 2010 to February 2011, the Justice and Reconciliation Project (JRP), in collaboration with the Institute for Justice and Reconciliation (IJR), organized a series of consultations with victims of the conflict in Northern Uganda, entitled ‘Enhancing Grassroots Involvement in Transitional Justice Debates.’ The consultations, held in the Acholi/Lango, Teso and West Nile sub‐regions, focused on truth‐telling, traditional justice, reparations and gender justice within the context of Uganda’s transitional justice processes.
The purpose of this briefing is to share the consultations’ findings on reparations and inform stakeholders on specific policy and programming needs which will best assist victims and their families. By highlighting the issues identified by victims and making specific recommendations to concerned parties, unique insight is provided into the right to reparations and the specific reparations mechanisms needed to support efforts for sustainable peace and reconciliation in Northern Uganda.
The title of this policy brief is derived from an emotional response of a participant at the West Nile regional consultation (held 24-25 November 2010) when discussing the topic of reparations. Although compensation forms one part of the reparations process, this phraseology reflects the state of mind of many victims and affected communities in Northern Uganda. They view compensation as a key component of justice.
To download the full brief, click here.
By Lino Owor Ogora and Tim Murithi
JRP-IJR Policy Brief No. 1
This policy brief assesses the continuing relevance of traditional justice in Northern Uganda. Over two years after the dissolution of the Juba peace negotiations in November 2008, several questions continue to remain unanswered regarding how traditional justice mechanisms can be utilized to promote accountability and reconciliation. More specifically, questions persist as to whether traditional justice can be utilized to address war crimes and crimes against humanity. There is still uncertainty in the field as to how traditional approaches can complement the wider national and international processes of transitional justice.
Between November 2010 and February 2011, the Justice and Reconciliation Project (JRP), in collaboration with the Institute for Justice and Reconciliation (IJR), organized a series of consultations with victims of conflict in Northern Uganda, entitled ‘Enhancing Grassroots Involvement in Transitional Justice Debates.’ The consultations, held in the Acholi/Lango, Teso and West Nile sub‐regions, focused on truth‐telling, traditional justice, reparations and gender justice within the context of Uganda’ s transitional justice processes. Based on views from grassroots communities, this policy brief notes that traditional mechanisms are still considered by many in Northern Uganda as mechanisms that can promote reconciliation and healing within war‐affected communities. It concludes with a series of recommendations to the Government of Uganda, cultural institutions and the International Criminal Court.
To download the full brief, click here.
Finally, after several months of delays and postponements, the long awaited trial of Col. Thomas Kwoyelo kicked off in the International Crimes Division (ICD), which held its first landmark session in the High Court of Gulu on Monday, July 11, 2011.
The much anticipated trial attracted visitors from all over the globe, in addition to many of the local nationals who flocked the High Court and crammed it to capacity. In attendance were civil society organizations, members of the district local government, the media, victims and the public at large. The trial started with an inspection of the guard of honour by Hon. Justice Akiiki Kiiza, the head of the ICD. Other Judges in attendance were Hon. Justice Elizabeth Ibanda Nahamya, Hon. Justice Alphonse Owiny Dollo, in addition to the Principal Judge Hon. Justice Yorokamu Bamwine. The prosecution team was led by state attorney Joan Kagezi and backed by Mr. George William Byansi and Mr. Anguzu Lino. The defence was led by Mr. Alaka Caleb, and his colleague Mr. Onyango John Francis.
This brief provides an overview of the opening.
To access the brief, click here.
On Friday, May 20, 2011, the International Center for Transitional Justice (ICTJ), the Justice and Reconciliation Project (JRP), and the Uganda Victims Foundation (UVF), organized a one-day dialogue between representatives of the Justice, Law and Order Sector (JLOS) and civil society from northern Uganda. The event was held in Lira Town and was attended by 42 representatives, including His Worship Tadeo Asiimwe—Registrar of the War Crimes Division—and Ms. Rachel Odoi-Musoke—of the JLOS Secretariat.
The dialogue provided an opportunity for the two JLOS representatives to share updates and developments on TJ in Uganda, and more specifically the work of the JLOS Transitional Justice Working Group and the War Crimes Division (WCD), soon to be renamed the International Crimes Division (ICD). It also provided space for the various civil society representatives to ask questions and share comments on the processes involved and how these could impact their communities.
This event coincided with national community consultations by JLOS to gain perspectives on truth-seeking, traditional justice and reparations, and followed a consultative meeting organized by ICTJ and JRP on April 21st in Gulu with civil society on an outreach strategy for the WCD.
To download the full meeting summary, click here.