Tag Archives: northern Uganda

Justice in north needs complex solutions, Daily Monitor, 29 Jan 2012

30 Jan 2012In the Newsamnesty, court martial, ICD, josephy kony, Kony, Kwoyelo, LRA, northern Uganda, NRA, transitional justice, UPDFLindsay McClain Opiyo

Justice in north needs complex solutions, Daily Monitor, 29 Jan 2012
http://www.monitor.co.ug/Magazines/ThoughtIdeas/-/689844/1315470/-/item/0/-/9le52p/-/index.html

By Lino Owor Ogora

In July last year, Thomas Kwoyelo became the first Lord’s Resistance Army (LRA) commander to be charged before Uganda’s International Crimes Division (ICD). He was charged with 53 counts crimes against humanity. On September 22, a few months after the commencement of his trial, Uganda’s Constitutional Court ruled that Kwoyelo was entitled to amnesty in line with Uganda’s Amnesty Act of 2000, and ordered his trial to be halted forthwith, a ruling which was further upheld by the High Court on January 25, 2012.

This court ruling has attracted mixed reactions from national and international actors and the public at large. While some people have applauded the court ruling and amnesty alike, others condemned both.

The case of Kwoyelo, however, re-affirms the fact that the pursuit of justice in northern Uganda requires complex solutions beyond merely dragging ex-commanders of the LRA to the courts of law.

In this regard, it is vital to understand the significance of amnesty in stemming the conflict in northern Uganda, and the complications that come with handling individuals who carry dual victim-perpetrator identities.

Uganda’s Amnesty Act of 2000 offers pardon to ‘any Ugandan who has at any time since January 26, 1986, engaged in or is engaging in war or armed rebellion against the government of the Republic of Uganda’. In northern Uganda, amnesty has been instrumental in fostering the return of thousands of ex-combatants. Until August 22, 2008, the Amnesty Commission’s database indicated 22,930 reporters – 50 per cent of these were LRA reporters.

Success in the air
This is an indication that amnesty has registered a tremendous success. If it were not for amnesty, millions of people would still be living within IDP camps. Thousands more children would have been abducted, and even the Juba peace talks which ushered in the prevailing peace in northern Uganda would not have taken place.

Many critics of amnesty may argue that the amnesty law in northern Uganda is no longer relevant given that the LRA have been subdued. However, if you lived in northern Uganda during the period of the insurgency, or even simply visited an IDP camp at the height of the conflict and witnessed the suffering of the people, you would understand and appreciate the prioritisation of ‘peace first, justice later’ and amnesty. It is because of this prioritisation that northern Ugandans, led by religious and traditional leaders were at the forefront of advocating for amnesty as a crucial factor in ending the conflict.

With the LRA still very much alive and committing atrocities in Central African Republic and Southern Sudan, the amnesty law is still needed. In a situational survey conducted by the Justice and Reconciliation Project (JRP) in December 2011 in Acholi region, more than 90 per cent of the respondents believed that amnesty was still relevant. Therefore, rather than argue for the total nullification of the amnesty law, perhaps the question we need to answer is whether amendments are required to specify clearly which commanders of the LRA should or should not be granted amnesty in the event that they return.

In addition, the case of Kwoyelo also raises complex questions regarding the perpetrators who are victims themselves. Kwoyelo was abducted at the age of 15 from his village of Pogo in Pabo Sub-County in Amuru District. Like other children and youth before him, he was carried off into captivity, trained into a child soldier and rose through the ranks to become a high ranking commander. The fate of adult commanders of the LRA who were abducted as children and turned into the killers they are today has been a topic of substantial discussion.

Having been abducted while young and vulnerable, Kwoyelo was a victim. Having committed crimes after the age of 18, Kwoyelo should be able to take responsibility for his actions. What then should be the fate of such individuals? Many human rights activists have often flatly insisted that on becoming adults, such individuals need to take full responsibility for their actions. Why is it that such human rights activists never talk of holding the government accountable for failing to protect children such as Kwoyelo from abduction in the first place? There is need to consider all these circumstances when dealing with cases such as Kwoyelo’s.

Furthermore, there is need to reflect on why cases of NRA/UPDF perpetrators who committed war crimes during the insurgency are not coming up. In northern Uganda, it is a known fact that all armed parties to the conflict, including state and non-state actors, committed war crimes and crimes against humanity.

Court martials not good enough?
While the Juba Peace Agreement calls for handling state actors through other measures such as military court martials, many people in northern Uganda feel the outcomes of these courts would be highly unpredictable, and could lead to many state actor perpetrators being let off the hook.

Military court martial proceedings are often closed to the public and conducted by the army leadership and the participation of victims is often limited. For these reasons, many people in northern Uganda will continue reiterating their call for prosecution of state actors within the ICD. If charges are not brought against the UPDF, or at the very least investigations into state violations conducted, then DPP, runs the risk of being labeled partial.

Finally, beyond pursuing justice in courts of law, there is need to keep the needs of victims and survivors of the conflict in mind. Victims need reparations, compensation, restitution, and restoration of their livelihoods.

Beyond passing guilty or non-guilty verdicts, courts of law such as the ICD will not cater for these very important needs. For reparations to be effected in a proper and timely manner, Uganda requires a reparations policy, which is currently lacking. All these factors should be taken into consideration for justice to prevail in Northern Uganda.

The author is a researcher with the Justice & Reconciliation Project, an NGO based in Gulu District.

http://www.monitor.co.ug/Magazines/ThoughtIdeas/-/689844/1315470/-/item/0/-/9le52p/-/index.html

Updates on the High Court Ruling of Ex-LRA Commander Thomas Kwoyelo

27 Jan 2012Statements & Briefsamnesty, Kwoyelo, LRA, northern UgandaLindsay McClain Opiyo

Updates on the High Court Ruling of Ex-LRA Commander Thomas Kwoyelo
Kampala, 27 January 2012

By Evelyn Akullo Otwili

Julius Alisonga lawyer of Kwoyelo speaks after ruling — Kwoyelo's lawyer, Julius Alisonga, speaks to the media after the January 25th ruling.

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.

To read more, click here.

High Court orders Kwoyelo’s immediate release

27 Jan 2012Blogamnesty, justice, Kwoyelo, LRA, northern Uganda, ugandaLindsay McClain Opiyo

Despite the Court's ruling, Kwoyelo is remanded back to Luzira Prison.

On Wednesday, ex-LRA commander Col. Thomas Kwoyelo appeared before the High Court of Uganda in Kampala. JRP’s Evelyn Akullo Otwili was there to follow the ruling, in which the Court ordered the Amnesty Commission and the Directorate of Public Prosecution (DPP) to grant Kwoyelo a certificate of amnesty and immediately release him.

To read the full 1-page update, click here.

“Justice and Reconciliation Project reports on Acholi perceptions of the Amnesty Act,” Resolve Blog, 9 Jan 2012

11 Jan 2012In the Newsamnesty, Kony, LRA, northern Uganda, resolve, transitional justiceLindsay McClain Opiyo

“Justice and Reconciliation Project reports on Acholi perceptions of the Amnesty Act,” Resolve Blog, 9 Jan 2012
http://www.theresolve.org/blog/archives/3071031799

By Azy

We’re fans of the folks at The Justice and Reconciliation Project (JRP) — they’re great people doing great work. Recently, JRP released an interesting report that focuses on the feelings and perceptions of LRA-affected communities in northern Uganda toward Uganda’s Amnesty Act.

The Uganda Amnesty Act of 2000 grants amnesty to any rebel combatant from 1986 onward who lays down his or her weapons and renounces the rebellion. According to JRP’s report, more than 10,800 former members of the LRA have received amnesty through the Act as of August 2008, and have re-joined their communities with less harassment and stigma than they otherwise would have experienced without this national policy of forgiveness. The Amnesty Act has been shown to actively encourage combatants to defect from the LRA, with the promise that they will be accepted back home. This is very important, as so many LRA combatants were abducted as children and were unwilling combatants in the first place.

As reflected in the report, JRP researchers interviewed a spectrum of Acholi community members, from local leaders to former-abductees, and asked what they thought of amnesty. Their findings show overwhelming support for the Amnesty Act and many respondents argued that Uganda’s amnesty policy is partially to thank for the peace that the region has experienced since the LRA left Uganda’s borders in 2006. It helps clean the slate and faciliate forgiveness for the unwilling fighters, from both their community and their country.

Interestingly, some of the respondents said they wished that even the top commanders would be granted amnesty, arguing that almost everyone aside from LRA leader Joseph Kony was at one time a victim.

Currently, the Amnesty Act of 2000 is due to either expire or be extended in May 2012, making JRP’s report especially timely.

In this same vein, this spring Resolve will be lobbying our leaders in Washington with the recommendation that part of the $10 million in foreign aid Congress recently authorized for the LRA-affected communities should go towards the rescue, rehabilitation, and reintegration of LRA combatants.

In the case of the LRA, amnesty is an important component of peace and restoration that must go hand-in-hand with focused efforts to support ex-combatants as they seek healing and reintegrate with their communities.

This report is just 3 pages long and fascinating from beginning to end. Take a few minutes to read it yourself.

Situational analysis on current perceptions of amnesty in Acholi-land

15 Dec 2011Blogamnesty, Community Documentation, ICD, Kwoyelo, northern UgandaLindsay McClain Opiyo

Today, JRP’s Community Documentation department released their latest publication, a brief situational analysis titled, “To Pardon or to Punish? Current Perceptions and Opinions on Uganda’s Amnesty in Acholi-land.”

Although Uganda’s Amnesty Act entered into force in 2000, it has recently been subjected to a renewed discussion, questioning its relevance in the current context of the conflict. Even in the war‐affected northern region of Uganda, it appears that mixed reactions prevail among the local population. Against this background, this brief situational analysis projects people’s opinions and perceptions on amnesty and provides recommendations for the Amnesty Commission as well as stakeholders concerned.

To read more, click here.

To Pardon or to Punish? Current Perceptions and Opinions on Uganda’s Amnesty in Acholi-land

15 Dec 2011Statements & Briefsamensty, Community Documentation, ICD, Kwoyelo, northern Uganda, ugandaLindsay McClain Opiyo

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, Situational Analysis

15 Nov 2011Statements & Briefsaccountability, amnesty, Community Documentation, ICD, Kwoyelo, LRA, northern Uganda, Pabo, TJ PolicyJRP

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

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.

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

14 Nov 2011In the Newsamnesty, ICD, Kwoyelo, Lino Owor Ogora, northern UgandaLindsay McClain Opiyo

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

By Livingstone David Okumu

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11 Nov 2011Blogaccountability, amnesty, Gulu, ICD, Kwoyelo, Lino Owor Ogora, lord's resistance army, LRA, northern Uganda, TJ PolicyLindsay McClain Opiyo

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

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

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

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

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

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

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

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

Kwoyelo ICD Trial Cessation, 11 Nov. 11

11 Nov 2011PhotosGulu, ICD, Kwoyelo, LRA, northern Uganda, TJ PolicyLindsay McClain Opiyo

[AFG_gallery id=’41’]

On November, 11, 2011, the International Crimes Division (ICD) of the High Court of Uganda convened at the High Court in Gulu to follow recommendations set forth by the Constitutional Court pertaining to the trial of ex-LRA commander Col. Thomas Kwoyelo. These photos capture what transpired. For more information, visit www.justiceandreconciliation.com.