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Peace is Temporary: Highlights from the International Criminal Court Meeting in Gulu

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Representatives from the International Criminal Court gave a detailed update on the trial late last month. Photo Credit, Yordanos Melake.

Cultural and religious leaders, representatives of civil society organisations and district officials and chiefs met with two officials from the International Criminal Court (ICC) Prosecutions Office in Gulu on Tuesday, November 27. The meeting was organized by the ICC’s outreach team, based in Kampala.

The objective of this meeting was to provide updates to the relevant stakeholders on the on-going trial proceedings of alleged Lord’s Resistance Army (LRA) Commander Dominic Ongwen and to discuss concerns. The ICC representatives of the Prosecutions Office also answered audience questions. This fits in with a many other outreach initiatives by the ICC, including rural screenings and discussions, to better link the affected community and the court.

The meeting was characterized by constructive and critical questions raised by the audience and with a high level of participation and engagement. Since Gulu has been heavily affected by the LRA insurgency, community leaders and members showed great interest in following the current trial and the national discourse surrounding it.

After a brief introduction from all participants, the ICC representatives summarized the key elements and points from the current state of the trial.

The trial against Ongwen began in December of 2016. Ongwen is accused of 70 counts of war crimes and crimes against humanity, allegedly committed in northern Uganda.

The Prosecution has completed its presentation of evidence and legal representatives of victims have called witnesses to testify before the chamber.  In September of 2018, the Defence made its opening statement and began presenting evidence on October 1.  So far, twelve out of 60 witnesses of the Defence have been heard. The remaining witnesses and testimonies are expected to be concluded in the end of 2019.

A judgement is estimated to be made in 2021.

Key issues of the Defence during the opening speech as well as witness presentation have included the following:

  • Provision of an understanding of the Acholi culture and the conflict in northern Uganda
  • The role of Spiritualism within the LRA and its impact on abductees
  • The relationship between Ongwen and LRA leader Joseph Kony.
  • The role of and crimes committed by the Government Forces
  • The coercive environment and the fact that Ongwen was himself a victim

The importance of traditional Acholi values and the destruction of these values due to attacks on and abductions of civilians have also been highlighted.

Additionally, Ongwen is charged with crimes on grounds of gender-based sexual violence. The defence has claimed that men also had no choice other than taking the women, due to the orders given. This view is not shared with the Prosecution since women were not only distributed to soldiers and combatants as wives, but were also victims of forced marriage and sex slaves.

For their part, witnesses of the Defence have concentrated on crimes and atrocities committed by other actors than the LRA, such as the Ugandan Government. The lack of a solid basis of evidence at the current moment for such claims led the Prosecution to not investigate the allegations.

The Prosecution is also aware that crimes have been committed against men during the conflict between the LRA and the Ugandan Government. It did not, however, perceive these crimes as systematic and widespread.

The introduction of spiritualism during the trial has caused the Prosecution to use careful tactics during to cross-examination. Spiritualism played a vital role for the LRA and more importantly for the abductees. The indoctrination of children into the armed group has included spiritual practices which reinforced the belief that Kony can predict the future. This made any attempts to escape impossible and severely punishable.

The complexity of bringing the spirit world to the court room caused the prosecution to use limited cross examination tactics when engaged with these witnesses, avoiding cross examination about spirits.

Several questions were raised by community members and stakeholders during the meeting. Those included the role of victims and affected communities, as well as reparations. One CSO has strongly questioned the Court’s effort on pursuing the arrest of Kony and highlighted Ongwen’s attachment to the sole decision-maker within the LRA. Furthermore, reconciliation and healing processes within communities are still on-going and many will not find peace until justice is served. It was emphasized that peace is temporary, leading to demands for redress for victims and calls to boost ICC’s strategy for state cooperation.

The meeting gave people a platform on which to share concerns, and provided crucial information about the trial. As always, JRP will continue to share all developments as information comes to light.

 

Ongwen Trial Continues: JRP Endeavors to Bridge Divides between the Community and the Court Room

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“You could see people in the court room laughing and even Dominic Ongwen would fall behind his hands,” said Justice and Reconciliation Project Head of Office, Mr. Okwir Isaac Odiya. “[Ongwen] was genuinely happy with the testimony given.” As the defense team continued to mount its case, Mr. Odiya journeyed to the International Criminal Court in The Hague to monitor the trial on behalf of JRP.

The image of the accused in a fit of giggles seems almost incongruous with the case itself. Abducted by the Lord’s Resistance Army as a young boy, Ongwen eventually commanded the Sinia brigade.  He is accused of 70 counts of war crimes and crimes against humanity, including abducting children to use as soldiers and sex slaves.

The defense argument is thoroughly unique. Lawyers, led by Counsel Krispus Ayena, assert that Joseph Kony had spiritual power over his army. Thus, Ongwen was not only indoctrinated. He was possessed by spirits. Ayena brought forward a number of witnesses, including a local chief and traditional Ajwaka or Witch Doctor. These witnesses explained the depth of the spiritual realm and, through it, the control Kony exerted over his followers. In other words, Ongwen’s actions were not his own.

According to Mr. Odiya, There was little cross examination, and the judge asked questions only to clarify. Similarly, observers leaned in with rapt attention, at first listening only to understand. Ayena’s argument is certainly surprising and even tricky, but not without the possibility of success. “If the court allows there is a spirit world, the case may be dismissed,” Mr. Odiya said.

The defense team also strove to prove that the Uganda People’s Defense Forces were culpable in the insurgency. Blame has thus far fallen primarily on the rebels, and history has ignored government crimes. Ayena asserts that exposing these atrocities now may pave the way for future prosecution.

Meanwhile, Ongwen has been well cared for in The Hague. His condition stands in sharp contrast to the experiences of fellow rebel Thomas Kwoyelo, who has spent the past decade in the overcrowded Luzira prison. Ongwen is given a monthly allowance to buy food and clothes. This allows him a level of financial security that many Ugandans lack, particularly in conflict affected areas. He has also become an excellent cook, often preparing meals for his defense team, and learned to read and write in English and play the piano.

Gaps in knowledge about the court are striking. While many residents of the Acholi Sub-Region have followed the case through community screenings, run by the ICC, few understand its intricacies or the manifold arguments put forward by the defense. Some even fear for Ongwen’s life. During a JRP focus group last month, a resident of Pajule said, “Killing Ongwen will not raise up those who died.”

The clear next step is to bring information about the case and arguments made back to the communities. Specifically, Mr. Odiya hopes to make the court process and the rights of the accused clear going forward.

In addition to attending trial sessions, Mr. Odiya participated in a number of meetings with court officials. He spoke at length the victims’ council and the prosecution team as well as the Registrar of the court and Director of External Division, among other official and identified multiple programmatic areas to complement the court process.

Whether Ongwen is proved innocent or guilty, the society needs repair.  Reconciliation is crucial and war-time wounds must be healed. Mr. Odiya will focus on leading JRP to advocate and contribute in fostering ‘beyond court room’ initiatives.

International Criminal Court Presents Community Screenings of the Ongwen Trial

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The trial of former LRA Commander Dominic Ongwen resumed on Tuesday, September 18, at the International Criminal Court in The Hague, with an opening statement from the defense. Miles and miles away, Ugandans gathered around televisions and hunched over radios, following each detail of the proceedings. Many attended screening events organized by the ICC itself. The court endeavored to make the trial accessible to those people whose lives were torn apart by conflict. The Justice and Reconciliation Project hosted one such screening in the organization offices at Koro-Pida.

Some one hundred participants arrived by bus from various locations. They crammed together on white, plastic chairs. Mothers brought small children, who sat in their laps or played on the floor. The screening was near silent. Attendees only spoke during the breaks, when they shared snacks and soda, or relaxed in a courtyard.

The ICC strove to create an open space, where the community could truly engage with the trial, however distant. Eric MP Odong, a field assistant, said, “We are here to execute the mandate of the registry of the court, and to serve the victim community.”

The screening at JRP was not the first of its kind nor was it the only event in the area. Another screening, this one at Gulu District Hall, was so packed that people spilled on to the ground outside. Engagement in the case is high. “We are responding to the interest and the demand of communities, who want to follow the trial,” said Jimmy Otim, another field assistant. In fact, the ICC has organized screening events since Ongwen’s trial began two years ago. Court representatives travel to areas with little electricity and bad roads in order to disseminate information.

Many of these locations were the sight of LRA attacks. Emotions run high and memories of war are fresh. “My better half of my life is the conflict,” said Otim. “That is why I studied conflict, to understand why people suffer.” His work is personal. Otim also vividly remembers trial screenings at which community members corroborated the information on screen, pointing to places where violence occurred. As a result, counselors and facilitators are always present.

community members watch the Dominic Ongwen defnese at the JRP offices in Koro-Pida. Photo credit, Sophia Neiman
Community members watch the Dominic Ongwen defnese at the JRP offices in Koro-Pida. Photo credit, Sophia Neiman.

Responses to these screenings have been overwhelmingly positive. According to Otim, “[The community] is happy that what happened to them is being heard in an independent court, they are happy that what happened to them is being recognized. They are happy that maybe, ultimately, they’ll get justice.”

Odong agrees. “I see justice being done,” he said. “The prosecution did its part and now it is the defense’s turn. I see justice by allowing different parties to express themselves.” Odong claims he will be satisfied regardless of the outcome. “The process of the trial will have cleansed the accused, even if he is set free,” he said.

The trial culminates a longer hunt for Ongwen and his fellow rebels. More than eleven years ago, the ICC issued a warrant for his arrest, along with warrants for Vincent Otti and enigmatic leader Joseph Kony.  In 2014, Ongwen was captured along the border between South Sudan and the Central African Republic, and turned over to the court. His is a painful saga, and one that contains the complex history of the conflict itself.

Ongwen was abducted by the LRA when he was nine years old. He was walking to primary school near Gulu. Like many other young boys, he was forced to watch and later commit heinous acts, and was brutally inducted into the army. Unlike many, however, Ongwen ascended the ranks. He reached the LRA control alter and came to command the notorious Sinia Brigade. This wing of the LRA attacked internally displaced person’s camps, specifically Abok, Odek, Lukodi and Pajule. Ongwen himself is charged with 70 counts of war crimes and crimes against humanity, including abducting children to use as soldiers and sex slaves.

Thus, Ongwen can be cast as both victim and perpetrator; a man whose life was altered by the conflict, and a man who altered the lives of others. He is also the first and lowest ranking member of the LRA to be tried internationally. Kony is still at large. Otti is presumed dead.

Seeing such a man stand trial can be divisive and upsetting. Some want him in jail, punished for years of havoc, while others believe he was boy brainwashed, and so deserves amnesty. Many community members are former abductees themselves, and do not understand why they have been forgiven and Ongwen has not.

Andrew Simbo has worked in transitional justice in both Uganda and Sierra Leone. He is currently the executive director of Uganda Women’s Action Program. The organization helps to bring more women and children to the ICC screenings. He claims that communities have now become fully reintegrated, “Those who actually carried out the atrocities are in the communities now. They have been given amnesty. They are the boda boda riders; some are musicians. They are there. They have been integrated into the community,” He added, passionately, “people have moved on.” While UWAP remains a neutral body, Simbo asserts it can be difficult to explain the mere fact of Ongwen’s charges to community members.

Justin Ocan, a community representative from Lukodi, believes that the screenings themselves will lead to a better future. “We tell these populations that this is also a learning environment, because we need to learn this time, so that you transfer the knowledge you gained from this screening to your children, so that in the future they don’t engage themselves in such kinds of practices,” he said.

Regardless of what the court decides, or even of divided opinions, one thing is certain. Sharing information, and making that information accessible, is crucial. It brings people together. It binds them in knowledge and informed conversation. It cements community. Justice itself is a long and twisting process, and its outcomes can never be universally satisfying. Yet, Ocan puts it beautifully, if simply: “Justice is a collective effort to attain a peaceful life.”

As the trial continues, people of many different opinions, can come together and watch it unfold.

Who cares about Dominic Ongwen’s trial?

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People watch Dominic Ongwen's trial at the International Criminal Court in Gulu, 16 January 2017. Credit: Oryem Nyeko.
People watch Dominic Ongwen’s trial at the International Criminal Court in Gulu, 16 January 2017. Credit: Oryem Nyeko.

Given that it is the first public trial for crimes committed in the two-decade war between the Lord’s Resistance Army (LRA) and Ugandan army, the case against Dominic Ongwen at the International Criminal Court (ICC) should, theoretically, be at the forefront of most Ugandans’ minds.

But what should be an opportunity for a national conversation on justice and accountability appears to be limited to a select group of people. Even in much of the north, the region from which thousands of people were killed and hundreds of thousands displaced in the conflict, few Ugandans seem to be following proceedings.

This is partly because of the practical realities of holding the trial thousands of miles away in The Hague rather than in Uganda. But it is also a result of the well-intended, but flawed, approach to outreach by the ICC.

“Affected communities”

The ICC’s outreach strategy for this case has been clear: to engage with the communities tied to the case as much as possible. Accordingly, screenings of the proceedings have been held in the four locations in northern Uganda that Ongwen is alleged to have led attacks as a senior LRA commander in 2004: Pajule; Odek; Lukodi, in the Acholi region; and Abok, where most identify as Langi.

The focus on these four areas is deliberate. These are the communities that would appear to have the most vested interests in the case, being home to the victims of the mass murders, abductions and looting for which Ongwen is accused of being responsible.

Additionally, because of the possibility of compensation for victims at the conclusion of the trial, the court has worked extra hard in these areas to calm expectations about the ICC’s reparations programme.

However, Ongwen and the LRA’s infamy are not limited to attacks on four camps in 2004. Nor were victims of the violence exclusive to the Acholi speaking regions of Uganda. It therefore comes as a surprise that the ICC’s focus has been largely limited to these places, and that it has seemingly been geared to accommodate only Acholi speakers; Acholi is the sole Ugandan language into which the official live streams of the proceedings are being translated.

Should an outreach strategy only focus on the “affected communities”, especially where the scope and impact of the alleged crimes are far more wide reaching than those geographical areas?

If the interests of the communities are to be a deciding factor at least, then the answer is no. In research with these groups in 2015, we found that many people were concerned with the “othering” that comes with being labelled a victim community in a case such as this. This is particularly true where reparations – something the bulk of victims of both state-led and LRA atrocities have not received – are a distinct possibility for that population.

People in Lukodi, for example, were eager to emphasise the need for dialogue with Ongwen’s own community to facilitate a level of understanding. This would, in their view, negate the status that comes with being an “affected community”.

Another notable aspect of the ICC’s approach in northern Uganda is its use of local NGOs as conduits to the communities it wants to reach. It is not unusual for the staff of local NGOs to facilitate ICC-funded events and act as a friendly face for the court. Partnership is, of course, an important part of civil society work and a useful tool that the court can use to gain the trust and familiarity of people in the area.

But the result here is that – unlike in Kenya where civil society was noted for its vibrant role in the investigation and prosecution of perpetrators of the 2007-08 election violence – northern Uganda’s civil society suffers from having to balance providing critical input with effectively being an extension of the same court.

Legacy of the war

It should be noted that, previously, official screenings of the trial have also been held in the town of Gulu in the north and in Ongwen’s village of Coorom. The screenings in Gulu, however, proved to be a challenge given the very inconsistent internet and electricity. Understandably then, the ICC only held screenings here in the trial’s early stages, leaving those interested in following the rest of it to watch it online or simply not at all, since the hearings were not broadcast on radio or television.

It’s not surprising, therefore, that when speaking to boda boda riders – the local repositories of current affairs in Gulu – about what is happening with Ongwen at the ICC, many have more questions than answers.

It has been around a decade since the war ended and, since then, northern Uganda, once defined by conflict, has had its identity change. Even so, the legacy of the war remains a major part of the region and very few of its residents are young enough not to remember it or its impact.

It is of course possible that the Ongwen trial would never have been at the forefront of everyone’s minds, but its inaccessibility to most people, and the choices the court has made in reaching out to them, has certainly had a bearing on how relevant it is.

Oryem Nyeko is the Communications and Advocacy Team Leader with JRP. 

This article was originally published on African Arguments.

Looking beyond Dominic Ongwen’s trial at the ICC

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People watch a live screening of Dominic Ongwen's trial at the ICC in Gulu. Oryem Nyeko/JRP.
People watch a live screening of Dominic Ongwen’s trial at the ICC in Gulu. Oryem Nyeko/JRP.

The ongoing trial of Dominic Ongwen at the International Criminal Court is an important step in the accountability process for the war in northern Uganda. It is also important to remember that this is not the end of the conversation around justice and reconciliation in Uganda.

The violence has not ended

For many in northern Uganda, the violence did not end with the war. Survivors of war-time rape, defilement, sexual exploitation, as well as early and forced marriage are still a marginalised and vulnerable group. In a 2014 study with women conflict-SGBV survivors in northern Uganda we found that 93% say that they still face the same threats as they did in the past. While many have worked to break the silence about these experiences, redress is still lacking.

Redress here can mean providing economic empowerment through skills training and adult literacy programmes which will enable survivors to be self-reliant and in control of their daily lives. It also means structural and institutional reform allowing for free and accessible medical, psychosocial, social and legal support for survivors. All of this would go a long way in addressing and preventing the stigma, exploitation and revictimisation that comes with the vulnerability of being a war-time SGBV survivor.

There should be accountability for both past and current violations. The ICC’s prosecutor has included conflict-SGBV charges in her case against Dominic Ongwen, but there still remain thousands of female and male survivors in and outside of northern Uganda who suffered outside the scope of those charges during the war. Many have received neither accountability nor acknowledgment for the crimes that were committed against them.

Children born of war

There are also very many whose rights and experiences, while important, are often unjustifiably ignored and overlooked. These include children born of war – children born in captivity or from war-related rape or defilement – who face stigma in their communities and schools and are unable to access or own land and other resources because of the complex and gendered nature of property inheritance in the region. We have worked with war-affected women and cultural leaders to support their reintegration in northern Uganda through family reunions, but this is an area that needs the support of actors across all sectors to make a contribution.

Dealing with the past and the future

3 February 2017 will mark nine years since the signing of the Juba peace talk’s Agreement on Accountability and Reconciliation, the agreement that gave birth to what would develop into a draft national policy on transitional justice for Uganda. For some time, there seemed to be progress on this. Unfortunately, however, the momentum for this process has stalled. Several years later, however, the last and final draft of the TJ policy is still reportedly lagging in cabinet.

This policy was meant to provide guidance to the government to “address justice, accountability and reconciliation needs of post conflict Uganda” and to both deal with the country’s past and prevent conflict in the future. However, because of its ambiguous status, the possibility of a national truth-telling process or a reparations programme for victims of war remain distant despite how important many Ugandans have said how important these processes are.

Accountability for state-led crimes

We have documented the experiences of survivors of crimes committed by state forces during the war in northern Uganda and have found a running theme among survivors: a call for acknowledgment of these crimes by the Ugandan government and for measures, such as reparations, to be put in place. Some of these crimes have in the past been acknowledged by the government, most notably by President Museveni in 2014. Unfortunately, there has been little public accountability for what took place. Reports suggest that government perpetrators, soldiers, have been subjected to punishment for crimes committed during Uganda’s wars in northern Uganda, but concrete details about these are not readily available to the public. This leaves survivors, their families and their communities with the feeling that their experiences have gone unnoticed.

The war in northern Uganda is an example of the complexity of conflict, where the lines of perpetrator are blurred between state, rebel and civilian, the abductors and the abductees. It is this complexity which tells us that it is not one process that will provide solutions to the years of conflict. If Uganda is ever going to move past its history of conflict, we need to address the many concerns of survivors in northern Uganda and the rest of the country that still remain.

Oryem Nyeko is the Communications and Advocacy Team Leader at the Justice and Reconciliation Project.

JRP Podcast Episode 2 – Mapping regional reconciliation in northern Uganda and Dominic Ongwen

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(Oryem Nyeko) Hello and welcome to the second episode of JRPs’ podcast. I am Oryem Nyeko, I am  with my colleague Okwir Isaac Odiya of JRP  to talk about a report title ‘ Mapping Regional Reconciliation In Northern Uganda: A Case Study Of Acholi And Lango Sub- Region.

(Okwir Isaac Odiya) Across Ethnic Boundaries project came from the background of our interactions with the community of Acholi, Lango, Teso and West Nile which we learned about the poor relationship and the accusations that is within these communities. We thought of doing this regional reconciliation project to understand whether there is need for regional reconciliation in northern Uganda. This made us to do a baseline study which we came out with the result. This baseline study or the regional reconciliation survey that we did was meant to provide us a baseline for peace building and reconciliation undertaking in northern Uganda. Basically to inform us whether it is true that there is need for reconciliation between the people of northern Uganda and what mechanism therefore should be adopted in order to foster reconciliation in Northern Uganda.

(Oryem)  So the baseline is reported in this report that we are talking about…

(Isaac) Exactly, the ‘Mapping of Regional Reconciliation in Northern Uganda’ is the result of the baseline survey that we did.

(Oryem) So what are some of the findings in the report? What did you find out about the need for regional reconciliation?

(Isaac) From the report, we came with key findings and one of it is the negative perception about the civil war – the war that was fought between the government of Uganda and the LRA. We realized that many people perceived the war as a war that was planned by one ethnic group against the other which basically in many communities that we interacted with, they claim that it was an Acholi war made to make other ethnic groups suffer. So that is one of the findings we realized on the ground.

The second finding is about the tension which is among the ethnic groups in northern Uganda as a result of the crimes that were committed among these communities. There is interpersonal community and ethnic tension which basically people think they were made to suffer because of some other individuals, because of some other community or because of some other ethnic groups.

From the survey that was conducted, we noted that 62% says that there is poor relationship among the people of Lango and Acholi which is as a result of LRA war. They feel that the people of Acholi planned to kill the people of Lango so because of this, there is that poor relationship between the people of Acholi and the people of Lango.

We also noted that in the communities or among the different communities there is fear of revenge by other communities because of what they did maybe. In some of the communities there are some individuals that were involved in some of the atrocities and because of what they did in the atrocities that they feel that their counterparts are going to revenge on them. So there is that fear of revenge within the communities. So generally there is that accusations among the communities, they claim that they suffered because of that individual or that community.

We also found that the community and the individuals are so bitter for lack of accountability and reparation programme. Many individuals and many communities were made to suffer but there is no acknowledgement of the crimes committed on them, there is no accountability for what they underwent and there is no programme to repair them. So the communities are so bitter on the government, they are so bitter on their leaders, they are so bitter on each other within the community because they feel they are not being repaired, they are not being acknowledged for the wrongs that happened to them. Generally the communities feel that they are being segregated in post-conflict service provision. There are a number of programmes that are enrolled by civil society organisations, by the local government but they feel that the services are balanced. It’s not reaching them all, it’s only being directed to one section of the community. Because of this they feel that there is segregation in provision of these services that should really help them to come out of the problem they went through to repair them, to recover from the shock of the war. And because of this segregation, they feel that they are not being honored, they are not being acknowledged as people who also suffered.

In our own analysis we feel that this is another potential source of conflict in that if they feel that one section of the community is being supported to recover from the problem, it means they are not being supported and easily they can begin to revenge, they can begin to cause another conflict on the government or on the communities that are benefiting from some of these services.

 (Oryem) I’m curious, what do you think are some of the root causes of what you are talking about – the segregation; some communities not receiving the programmes that are meant to address the legacy of the war. What’s the cause of that, do you think?

(Isaac)  I think there is lack of a baseline study to understand the different needs of the communities and what they went through. Our service providers – it looks like they don’t understand our communities, what they went through and the kind of services they need so they are kind of neglecting some of these communities to benefit from some of these services. To me I feel that they are not informed, they don’t know what services are supposed to be provided for which communities, which is a gap and that is the only gap I feel.

But also, it is important that we need to train our service providers to know how to work with the victims of conflict. In a way we may also be causing conflict by failing to understand the circumstances that our communities went through. Like when we were interacting with this communities, the people of Odek made mention about the kind of segregation that they are going through. We were made to know that the people of Odek are being considered as Kony, in that they have supported Kony, they groomed Kony to be what he is and Kong is now affecting.  So they contributed in making Kony who he is, and because of that they are being treated as Kony. So I feel that the service providers should be able to separate the people of Odek and Kony himself, taking the fact that they also suffered a lot in the hand of Kony.

(Oryem) So what needs to be done? I mean, you’ve elaborated a bit on that with service providers maybe needing to be more informed about the needs and experiences of the various communities, but what’s a next step in terms of reconciling some of these issues?

(Isaac) In line with service provision, that is basically one of the reasons why we did this report. We want this report to inform transitional justice processes in Uganda and in northern Uganda. We want these key findings and recommendations in this report, Mapping Regional Reconciliation, to really inform the different stakeholders – peacebuilders and reconciliation activists to really know what are the gaps in the community and then what are some of the steps that are required to be taken in order to mitigate or to provide remedies to some of these gaps in the community. So that is the first step.

I would urge the different stakeholders to really pay attention to this report so that they can learn the kind of community we are working with, the gaps in the community and the kind of careful steps they should take in order to provide reconciliation within these communities.

Secondly, it is important to work in partnership, the different civil society organizations, the NGOs and the government, the local government. We need to be coordinating so that we inform each other on the gaps on the ground and then the best step, we can brainstorm on the best steps that should really be taken so that we really reach this community so that we address the specific gaps in this community. And by doing this we are going to act in the interests of the community we are serving.

I want to mention another few things in regards to reconciliation gaps. What requires to be done. We also noted that there is a lack of platform to foster reconciliation, in that victims’ communities are there in the community, but they lack forums to which they should really communicate, to which they should really engage to address some of their own problems. This is also coupled with the criminal prosecution process that is going on, the trial of Kwoyelo, the trial of Dominic Ongwen, which is kind of fueling more conflict in the community. So there is also this problem that is existing in the community following the survey that we conducted, or working with these communities. Which my recommendation would go to the various stakeholders to really support the peacebuilding and reconciliation structures that we have on the ground or to establish more, so that they provide pillars to these conflict affected community to interact with, to discuss their issues, to support them in their reconciliation and recovery programme.

It’s all about providing a platform for these people to interact, to really try to see the best way of addressing some of their issues, to channel their problems so that it is heard and addressed by the stakeholders.

I would also recommend for a trauma healing project to really be enrolled in the community so that people find ways to move out of their problems instead of getting stuck. Much as accountability has not been done, much as there is no adequate reparation they still need to move on with their lives. So it is important to have such programmes.

(Oryem) Can I just ask how do the criminal proceedings fuel conflict in these communities?

(Isaac) From the interaction we had with these communities, we learned that they have varying interests in line with the result of the verdict. In the case of Dominic Ongwen’s trial, there are those who want to see Dominic Ongwen prosecuted, they want to see him guilty and there are those who want to see Dominic Ongwen coming back home acquitted from the sentence.

So you can see the communities are now looking at those who are in support of Dominic Ongwen as those who supported the atrocities that made them suffer in northern Uganda. Those who look at the people who want to see Dominick Ongwen jailed, they look at them as those who do not want reconciliation to be done so that people get to live back together.

(Oryem) Because of course the question of criminal accountability and Dominic Ongwen has implications on the communities that have been affected by the case for Lukodi, I imagine that’s what you’re talking about, and the other communities, Odek, Abok, and so on, that his charges are based on, they obviously have a vested interest in seeing some sort of accountability towards him. Whereas in other communities, in Coorom, for example, where Ongwen is from there is a sense that there should be more of a reconciliatory process. Although in my experience, I found that even people in Lukodi also want to reconcile with the people from where Ongwen is from, which I find interesting and I think it kind of speaks to the point that you’re making that these issues have a regional aspect to them. In that it’s not the same everywhere. Not everyone in northern Uganda has the same sense, not everyone in Acholi and Lango has the same feelings towards Ongwen or to criminal accountability or to the impact of the war. I think that’s kind of it

(Isaac) Exactly, and that’s where it calls for how do we manage the process?  So that at the end of it all, irrespective of the result of the trial, how are we going to ensure that there is reconciliation, how are we going to we to work together, the people of Lango, the people of Acholi, the people of Lukodi, the people of Coorom, irrespective of the results of the hearing. This is what we should manage.

 

 

Holding Dominic Ongwen’s confirmation of charges hearing in The Hague is a missed opportunity

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Community members participate in a memorial for the Lukodi massacre of 2004, Lukodi 19 May 2015.
Community members participate in a memorial for the Lukodi massacre of 2004, Lukodi 19 May 2015.

For many years the issue of justice related to the Lord’s Resistance Army (LRA)-Government of Uganda war has been a farfetched dream for communities affected by it until the recent arrest and transfer of alleged LRA commander Dominic Ongwen to the International Criminal Court (ICC). On the 28th of October 2015, however, the Presidency of the International Criminal Court (ICC) made a decision that a confirmation of charges hearing for Dominic Ongwen’s case scheduled for 21 January 2016 will be held at the seat of the court in The Hague and not in Gulu town as had been recommended by the court’s Pre-Trial Chamber II. This is disappointing because holding the hearing in the community affected by the atrocities for which Ongwen is alleged to have been responsible for was a huge opportunity to provide closure for victims.

In northern Uganda, there is a disconnect between the ICC and the communities to which it aims to serve. Despite outreach programs on the ICC, many people here do not understand the work of the court and the justice remedies it can deliver to them. This gap between the affected community and the court could have been filled by holding this hearing in Gulu since it would have brought the justice process closer to them while allowing the work of the court to be experienced by people who have been affected by the conflict. It would have gone a long way to address negative perceptions about the court which are held by many people in the communities in northern Uganda and in Africa in general. Also, it would have been an opportunity to stir up action on justice processes in Uganda such as stalled proceedings at the International Crimes Division of the Ugandan High Court.

That said, the ICC Presidency’s decision not to hold the confirmation of the charges hearings in Uganda during the peak of the political season is a good one given the brutality, chaos and violence that is usually associated with Uganda’s election period. In the past, Uganda’s political campaigns and elections have been marred with violence which could possibly interfere with the court processes.

Nevertheless, it is important that the court continues to work to find ways to bring its work closer home in the future.

Nancy Apiyo is a project officer with JRP’s Gender Justice department.

ICC Judges Want Ongwen Charges Confirmed in Uganda

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Prayer Session for fallen victims @JRP
Prayer Session for fallen victims @JRP

ICC Judges Want Ongwen Charges Confirmed in Uganda

Judges seating at the Pre-Trial chamber II of the International Criminal Court handling charges against Dominic Ongwen have appealed to parties involved in Ongwen proposed trial in Uganda to expedite the process.

The crimes were committed in Uganda, confirmation of charges and hearing of his charges including counts on crime against humanity and war crimes slated scheduled for January 21 2016 lasting 5 days will determine if there is sufficient evidence to prosecute Ongwen.

Dominic Ongwen ready to face the ICC

Dominic Ongwen ready to face the ICC

Addressing  the press today at Northern Uganda  Media Club, ICC Field Outreach Assistant, Jimmy Otim, said, the Pre-Trial judges on September 10-2015 recommended to ICC president to work out modalities with Uganda Government to enable the confirmation of charges take place in Uganda.

“ The Chamber considers that it would be desirable and in the interest of justice  to hold the confirmation of charges hearing in Uganda and preferably in Gulu” Jimmy said

Adding that it was at the peak of the alleged crime and where this is not possible then the ICC would consider the trials in Kampala.

Mass Grave in Lukodi

Mass Grave  Site in Lukodi @JRP

Dominic shocked the world when he on the 16th of January this year, denounced further rebellion against Museveni’s government when he abandon his gorilla troops under the Lord Resistance Army.

Women wonder over their missing children

Women wonder over their missing children

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Before he surrendered Ongwen was acting as Brigade Commander of the notorious Lord’s Resistance Army where is alleged to have committed countless murder cases, enslavement of the populace, caused grave bodily harm an act that provoked ICC to count him in the wanted list of war lords on 8 July 2005.

Victims of the dangerous LRA war

Victims of the dangerous LRA war

He is accused to have masterminded the bloody attack at Lukodi Internally Displaced People’s Camp where innocent lives were shuttered in cold blood.

In trying to document the 29 years of LRA war in the region, a monument with the name of over forty slain victims sits near Lukodi Primary school in Bungatira Sub-county ten miles north of Gulu municipality.

 

http://www.northernewswire.com/news/featured-news/icc-judges-want-ongwen-charges-confirmed-in-uganda.html

Forthcoming: Situational brief on women connected to Dominic Ongwen’s case

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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)
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)

In the past few months JRP has been conducting extensive consultations with women connected to Dominic Ongwen’s case at the International Criminal Court. Respondents included former combatants, massacre survivors and women who had a close affinity to him during captivity. The findings of this research will inform a new situational brief, which will be a follow-up to May 2015’s ‘Community Perceptions on Dominic Ongwen‘, and will be published late September.

Check back later for updates!

Community Perceptions on Dominic Ongwen

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Community Perceptions on Dominic Ongwen, Situational Brief, May 2015
Community Perceptions on Dominic Ongwen, Situational Brief, May 2015

Following the transfer of Lord’s Resistance Army commander Dominic Ongwen to the International Criminal Court in The Hague, the Justice and Reconciliation Project sought the views of communities tied to Ongwen’s case at the ICC. The result is a situational brief presenting theirs and civil society members in Gulu’s opinions on Dominic Ongwen and recommendations for international justice.

Read the full situational brief here (pdf): Community Perceptions on Dominic Ongwen