Tag Archives: Voices Issue 02

Ododo Wa: Our Stories

By Nancy Apiyo

 JRP’s Gender Justice department uses the unique mechanism of storytelling to help women talk about the crimes violated against them during and after war. Storytelling  is a culturally familiar tool which gives women the space to talk and to express themselves freely. Nancy Apiyo relates the special perspective women have on reparations garnered from such sessions.

Sitting around a fireplace is a culturally familiar method of storytelling in Acholi culture.

 It was common in the past to find families around the wang-oo (fireplace) telling stories, discussing family issues or teaching children. So this is not new to the women, the only difference being that we do it during day. Women have been silent because it is hard to talk about sexual violence and also fear. That is why we had to find a method that can encourage them to speak.

Reparations were the topic of discussion during the last story telling session with the women. The concept of gender mainstreaming has to be considered in discussions about the concept, design and implementation of reparations. Clearly everyone suffers during conflict, but specific violence happens to people because of their gender. Even when women are subjected to the same violence as men, the pre-existing social, economic and cultural meaning of a person being a man or woman means that harms to women and men does not have the same effect.

It is therefore important to give women a platform to talk so that their voice is included throughout the process of attaining reparations. This is why we designed this storytelling session around reparations.

The majority of the women who took part in the discussions were abducted and stayed for long periods of time with the rebel groups.  We had to fully explain what reparation is to the women, the various kinds of reparations and the fact that it is their right to have reparation before giving them the chance to talk.  We asked them questions like: What do you understand by the term reparation? What kind of reparation is relevant to you?  What should government do to restore your lives? Is reparation important? If so, why? 

One of the women defined reparations as “acknowledging that something wrong has been done to somebody and [that] the perpetrator is ready and willing to pay it back in order to please the offended party and restore relations.”

It is also common for women to ask for basic needs as a form of reparation or ask for reparation for those close to her and not herself. That can be because they do not know that it is their right to have reparations or because they feel marginalised in society and not valued or simply because they are mothers, which makes them think that others are more important than them.

It is common for a woman to talk about what happened to her husband or children and not to her yet she suffers most during conflict both directly and indirectly. This makes it hard for their issues to be considered. For that reason we used a body mapping exercise to guide the women through the discussion so that they are able to reflect on themselves and not some one else.  

They put marks on a drawing of a body maps to indicate where they were physically, psychologically, mentally, spiritually or socially hurt during the conflict. Later on they discuss what they have marked and relating it to reparations.

One of the women put a mark on the body they have drawn and says:  “The point you see marked on my knee is an effect of war. I got injured by a bullet and it is still buried there. The mark you see on my chest shows the sorrow and heartache that I have because a lot of my time was wasted during the war.” 

The majority of the women have similar responses to the questions, most likely because of the similarity in the kind of violence they experienced. They talk about crimes that were violated against them such as being forced into marriage to older men. They talk about how they gave birth to children who they are taking care of now at home without support of the men, their families or the government. They talk about sexual crimes that were violated against them.  They narrated stories of giving birth on battle field. Some of the women developed complications as a result of being forced into giving birth at an early age. 

They narrated stories of how the men forced them into sex when they were not yet ready. How they were beaten every time the men called them to the house to have sex with them or how they were threatened to be killed if they refused. Many of them were young and still virgins.  Many of the women gave birth at the age of fifteen and below.

One of the women lamented of how labour is more painful in a battlefield.

“I was in captivity when people were sent to the camps. For those abducted, it was not nice to be a woman. When I think of what happened to us during the war, I find life is useless. First of all we were abducted as very young girls and forcefully given to men who are our grandfather’s age mates. If you refused, you were killed. You became pregnant whether you wanted or not. We delivered in very uncomfortable conditions. Sometimes you delivered on the run with no water to clean up yourself and flies come over covering you up because of the bleeding.”

Another narrates how she gave birth during a convoy: “We reached a certain road on the third day, labour pain intensified and my water broke and I started pushing and delivered there. They dug a hole and buried the placenta as I carried my baby.”

Many still have pain because of giving birth at a tender age under terrible conditions. Others have contracted HIV after being given to men whose HIV status was not known.

They narrate stories of how they had to cook for the rebels, carry their luggage, be wives and mothers to the children they gave birth to. As female combatants they had the extra burden of taking care of the kids they were forced to have.  As one of the participants in the story telling narrated: “During battles it was hard for us to run with the kids especially when they were many. Men did not mind about children.”

Despite returning home, many of the women are still traumatised as mothers because of the loss of their children, and what they went through. One of the women is distraught about one of her children who got lost during an attack. Her body was not found and she does not know the fate of the child. She still has dreams of this child. 

It is not easy to talk about such experiences and some of the women break down as they talk. In one of the sessions we are seated under a mango tree one chilly afternoon as we listen to them. They encourage each other in their groups and give each other support. Sometimes there is silence as they recall the past. Others decide to just keep quiet while others decide to talk. The women narrate war stories like old women narrating stories of the ogre to kids and not stories of sexual violence, physical torture and so much evil. Stories you would not wish to be true or to happen to your loved ones.

We listen intently as one of the women continues to say: “We gave birth to very many children. I now have six children because I started giving birth when I was still very young. Whenever there was fighting it was the women to carry the children. When one of them got shot, you left him there and continued running for your life. Newborn babies were tied on their mothers’ necks to make carrying them easy and if the mother was shot then the baby remained with her. Sometimes it was the babysitters carrying them who got shot. The babies remained with them and starved to death.”

On top of what the women went through as women, girls and mothers because of their gender they also experienced the same trauma as of being forced to kill as the men and boys who were abducted. One of them narrates “sometimes you are trained as a soldier and taken to the frontline. Worst of all, whenever someone is caught escaping you were forced to kill them against your will. When such a thing has happened to you, it keeps on haunting you when you come back home.”

Despite the silence of the guns, women continue to suffer. Some of the women have returned to stay with the men they were forced to stay with in the bush because they think the only way to take care of the children they were forced to have is by staying with their fathers. These men continue to violate the rights of the women. One man mistreated his wife for a long time until she finally opened up to her friend through one of the storytelling sessions. She said she got confidence and courage to report the man to the authorities after sharing her story with the rest. She felt empowered and that her dignity was restored when she shared her story with the rest. Her friends managed to get her a place to work. She then left the man and is taking care of her children alone.

When we asked the women how they think their lives should be restored they responded that they feel the homes of the children they gave birth to in the bush should be traced and unity created among them with the men’s families.  They think it is important for the children to know their paternal homes. They also say they want the government to reform laws on land so that children born in captivity need to have access to their family land. As one of the story tellers says: “For me what I ask the government to do is to put laws that deals with land wrangles because I have returned with children whom they say do not own land. This idea of saying that they do not own land should be stopped.”

They also want their children’s school fees to be paid. They say it breaks their heart to see their children not going to school and that their children may not have a bright future.

They also talk about the need for reparations for the physical ailments they now suffer from because of the conflict. Some women continue to live in pain because of bullets lodged in their bodies that have to be removed.  A woman says, “I still have a bullet on my head that is why I have marked it and I feel a lot of pain. I always tie [a cloth over] my head because of the pain I feel. I only untie it at night because it does not want me to stay in a hot place most especially when I am cooking.”

They also want monetary compensation for the time they wasted in the bush. As one of the storytellers suggests, “If at all the government can, it should pay for our time that was wasted that led to our being illiterate. I should be compensated with money that will change my life.”

The women also feel that it is important for them to know the truth about the war. Some are back and do not even know the reason why they were abducted or why there was a war in Northern Uganda or even who is responsible for years of suffering. They also want acknowledgement from the government about what happened to them and they want apology from the commanders who abducted them and mistreated them in the bush.  

They also want the government to apologise for not protecting them. They believe the men who committed sexual crimes against them should be prosecuted. They talk about the need for psychosocial support to help them overcome the trauma they went through and say it is important to put up centres where they can go and get counselling.

When we asked them who they think should provide reparation the majority of women said it is the government, but one of the women groups discussed the role survivors and victims have to play. They cited how they have to make good use of what the government provides in form of reparations. The communities also have to accept the past and come to terms with it so that they can create reconciliation among themselves. They believe the community has a big role to play in creating    reconciliation and forgiveness if they are to live in harmony. They gave an example of stopping stigma within the communities and the acceept of children born in captivity. 

They also talked of the big role communities play in reviving the lost culture by teaching their children about the culture they had before the war.

They talked of people being responsible citizens as they move on with their lives, such as by reporting of crimes within the community and thereby helping to reduce the level of crime. The communities should also hand in the guns they had during the war and stop using them they said.

Ultimately, the women believe reparation is very important because it can lead to healing and reconciliation and it is a way of attaining justice.

 

It is important to have a transformative kind of reparation that does not just repair the lives of the women but transform them. Women have been marginalised for a long time and it is important for them to be empowered so that their lives are changed. For example this can be done by providing free education for the girl child who suffered during conflict and through the sensitisation of women about their rights so that they can be active citizens.

It is also important to empower women economically so that they are more independent, otherwise they will continue to suffer and be abused even after the conflict. Now that the war has ended, women are still suffering from domestic violence and girls are being forced into early marriages. If the country is to have an effective reparation system then it has to change the lives of women so that they are more empowered citizens and there is no chance for them to be abused again.▪

 

Nancy Apiyo is a Project Assistant with JRP’s Gender Justice department.

 

Wars

Women’s Advocacy Network

A poem written by members of the Di Cwiny group.

Oh! Wars are terrible,

Wars made us grow up without our parents.

We grew up orphans.

 

Wars, Wars, Wars.

Wars have made our home die out.

It became a deserted homestead.

We grew up in camps.

The pride and culture of Acholi is spoilt and has disappeared.

 

Wars are bad, wars are bad.

It made me give birth when I was still very young.

I knew men before the time I should have.

 

Wars, wars, wars.

Wars made me grow up eating wild plants  like adyebo,

Moving long distances,

Day and night,

Crossing rivers,

Forests and mountains,

It made it hard to differentiate us from birds and wild animals.

 

Every morning you began the journey.

Night comes,

Gunshots are heard,

We were hurt and killed from gunshots.

Oh! Oh! Oh!

Bones have remained in the bush.

Oh! Oh! Wars.

This poem was written by the Women’s Advocacy Network’s Di Cwiny Group in memory of all the children who died in captivity and never lived to come back home.▪

 

No One Responded to My Plea

An elderly victim’s cry for reparations

Lino Owor Ogora

No One Responded to My Plea - Carla Akidi
Carla Akidi spoke to JRP's Lino Owor Ogora

Mego Carla Akidi is 59 years old and is one of the many victims of the war in Northern Uganda who are still longing for reparations from the government in various forms. For people like her, all that is needed is assistance to take care of their surviving children, who can only hope for a bright future through the completion of their education.

Carla lost three sons as a result of abductions and killings perpetrated by the LRA.  She was happily married and living in Paimol with her husband Mzee Aboda Yakobo prior to the conflict, but they were later displaced into an Internally Displaced Persons (IDP) camp at the height of the conflict. They were later to live through several years of terror and fear as they struggled to keep alive amidst the violence being perpetrated by the LRA.

 Carla’s first three children, all boys, were abducted by the LRA to serve as rebel soldiers. Her first son, Otim Largo, was abducted in 1993 while he was aged only 20 years. A few months later, her second son, Labongo Samuel was also abducted. Some years later, her third child, Olweny Richard was also abducted by the LRA, and Carla was now left only small children. All of the abductions occurred during raids that the LRA conducted while the family lived in the IDP camps.

Carla never saw her children again and only later heard that they were dead. Richard was reportedly killed in a gun battle in Aswa. Otim Largo was brutally murdered by an LRA commander after refusing to kill a fellow abductee. He was beaten heavily, and slowly tortured to death by breaking several bones in his body. Odong Samuel reportedly starved to death in Sudan as a result of the LRA’s lack of provisions.

 While Carla was left with her three other children, two girls and one boy, she was disillusioned by the loss of her first three children. She feels that if the older children had been alive, they would have succeeded in life and supported her in her old age. Carla now has to work hard to support the younger children with her main source of income being agriculture.

Her eldest daughter, Arach Grace, is in senior four in secondary school. Her son, Omol Justin also recently joined secondary school, while her youngest daughter, Ayoo Martha is still in primary school, but needs to join the boarding section, which is expensive.

Carla has been forced to struggle single-handedly to meet their needs because her husband Yakobo is old and frail. Yakobo’s health deteriorated as a result of an injury suffered during an LRA attack on the Paimol IDP Camp during the conflict. He can neither engage in agriculture nor pursue any other meaningful trade to earn income for his family. In addition, her husband lost his cattle during the conflict and was left with no substantial means of livelihood.

 Carla has been asking and longing for some form of reparations for several years now. In her own words, “some action should be taken to help elderly people who lost their children.” Carla says that the closest she came to hoping for assistance was when ‘some whites’ and a Catholic Nun called Sister Veronica came and talked to her and took her photograph, but she never heard from them again.

 “What pains me is that if my children had not been abducted and killed by the LRA, they would probably be supporting me and my husband, and I would not have to live the life of a beggar that I am living now. My children were bright, and I am sure they would have been successful in life. What I want is to be supported as a victim of conflict to pay school fees for my remaining children so that they can help me in future.”

Mego Carla Akidi

The above comment by Mego Carla Akidi is a typical statement that one will hear from many survivors in Northern Uganda. It is close to four years now since active combat in Northern Uganda ended and a reparations program, well designed and crafted by the government, would go a long way in alleviating the situations of individuals like Carla who often prioritise compensation for the lost property (especially cattle), educational support for their children, livelihoods, and health services in the quest for reparations.

The sad fact is that many like Carla do not ask for much. Carla wants nothing for herself, but rather support for her remaining children to purse their education. She also wants support to conduct last funeral rights for her children who were killed because of the LRA. But up till now the Government has been slow in responding to her needs and in drafting a reparations policy to forge a way forward. In addition, many lack a forum or channel through which they can be heard.

Carla for example said, “I talked to some parliamentarians and asked them if they could help me. None of them responded to my plea. Things are so hard for me that I find it difficult to tell my story anymore, but rather to suffer in silence.”

Stories like that of Carla’s, and the many victims of the conflict like her, are an indication that an effective reparation programme in Northern Uganda is long overdue.▪

Lino Owor Ogora is the Team Leader for the Community Documentation Department at JRP..

Reparations and the Law

The term ‘reparation’ usually refers to the measures a state must take after it violates a rule of international law. Reparation can also apply more generally to remedying all wrongs, whether committed by a state and its agents or by private parties. Reparation for genocide and crimes against humanity will usually require remedial action by both individual perpetrators and the state involved because such acts are illegal under national and international law.

The aim of reparation is, where possible, to restore the situation that would have existed had there been no wrongful act. This means to wipe out all of the consequences of the act and to try to re-establish the situation that in all probability would have existed if the act had not been committed.

One widely accepted purpose of reparation is remedial justice, that is, to undo the wrong done to an injured party. Reparation is thus designed to put the injured party in the same position as if no wrongful act had occurred, without respect to the cost or consequences it may have for the wrong doer. Reparation may also serve to punish and deter wrongdoing or aim at reconciliation and inducing positive behavior.

 Types of Reparation

Generally accepted forms of reparations include restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Since they are the most commonly accepted forms of reparation, we shall examine restitution and compensation in this article.

Restitution is intended to restore the victim to the situation that existed before the violations occurred and may include restoration to liberty, legal rights, social status, family life and citizenship, return to the place of residence, restoration of employment, and return of property. When restitution cannot be provided, compensation and/or satisfaction must substitute to remedy the harm that has been done.

Clearly, for survivors of international crimes such as  genocide and crimes against humanity, large amounts of money may be necessary to place victims in the same position of relative satisfaction that they occupied before certain events took place. Compensation is, however, often inadequate as the primary form of reparation. The more serious the harm, the more compensation as a remedy becomes a problem. This is because criminal conduct harms not only the victim, it also undermines the rule of law and violates societal norms. For this reason, compensation is inevitably a second best response when prosecution and restitution prove impossible to achieve. Compensation supplies the means for whatever part of the former life and projects remains possible and allow for new projects. In cases where the perpetrator is made to pay, compensation also reflects a moral judgment of wrong doing on the actions of the perpetrator.

Compensation should be provided for any economically assessable damage resulting from the wrongful acts. Widely acceptable compensable losses include physical or mental harm and the  pain, suffering and emotional distress such harm causes; lost opportunities such as education; material damages and loss of earnings, including the loss of earning potential; harm to reputation or dignity; and costs required for legal or experts assistance, medical services as well as psychological and social services.

 These reparations may be delivered materially or symbolically and individually or collectively.

The Legal Basis of Reparation and Obligations Under International Law

Human rights law and humanitarian law both impose a duty on states to take reasonable measures, or in legal terminology to ‘exercise due diligence’, to prevent violations of human rights by private persons. If the state fails to fulfill this duty it will be responsible for providing reparations. In an early international court case, the Permanent Court of International Justice called the obligation to make reparations for an unlawful act ‘ a general principle of international law’ and part of ‘a general conception of law’ (Factory at Chorzow [Germany v Poland], 1928 P.C.I.J [ser. A], no. 17 at 29 [September 13]).

Human rights treaties and declarations adopted by the United Nations have also guaranteed individual victims the right to a remedy, that is, access to justice and reparations in national proceedings. The Universal Declaration of Human Rights, Article 8, proclaims that “[e]very one has a right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or laws.” This guarantee would, of course, include remedies for criminal acts that violate guaranteed rights.

The International Covenant on Civil and Political Rights contains a similar guarantee in its Article 2(3). The UN Human Rights Committee Overseeing Compliance with the Covenant has stated that when, for example, acts of torture occur a government has a duty to “conduct an inquiry into the circumstances of [the victim’s] torture, to punish those found guilty of torture and to take steps to ensure that similar violations do not occur in the future.” The Committee also has called for investigation and prosecution in cases involving arbitrary executions and disappearances. All these acts constitute types of reparations for the wrong done.

Under the Rome Statute of the International Criminal Court, victims who have suffered harm as a result of genocide, crimes against humanity and war crimes have the right to apply for reparations. The Rome Statute also makes provision for victims of these crimes to participate in the court process when their personal interests are affected. Article 75 specifies that the Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation.

The Procedure for Claiming Reparations

The issue of reparations for genocide and crimes against humanity is complex because the acts usually involve simultaneous breaches of national and international law by individuals and states. Reparations may be owed by both the state and the individuals responsible, and claims may be made by survivors at either the national or international level.

Once local remedies have been concluded, individuals who do not obtain redress may be able to bring claims directly against their own governments or another state in a human rights tribunal. Each human rights treaty usually specifies the rights that are protected and the types of reparations that the tribunal can award the individual whose rights have been violated.

 

 Uganda and Reparation

In Uganda, provisions for reparations are contained in Agenda Item 3 on Accountability and Reconciliation of the Juba Peace Agreement, provisions that, once effectively enforced, would address issues on reparation..

Section 9.1 of the Agenda Item provides that reparation may include a range of measures such as rehabilitation, restitution, compensation, guarantees of non-recurrence and other symbolic measures such as apologies, memorials and commemorations. Priority is to be given to members of the vulnerable group. From sections 11 and 12, one could deduce that the vulnerable groups are women, girls and children.

Section 6.4 provides that alternative penalties and sanctions shall “require perpetrators to make reparations to victims.” This mandatory requirement can only be effective if the perpetrator is in position to fulfil the requirement. This creates an obligation on the Government to make the required reparation.

 For the Government to effectively meet the requirements for reparation under the Juba Agreement, there is therefore a need for, inter alia:

  • A clear policy on reparation and supporting guidelines and later legislation regulating it. The legislation needs to be flexible and the provide opportunity for wide interpretation of reparation on a case by case and individual basis.
  • Provision for victim participation and legal representation in formal and non-formal justice mechanisms.
  • Provision for gender adviser to guide the proceedings in formal and non-formal justice mechanisms.
  • Adoption of international standards, especially as provided under Uganda’s International Criminal Court Act, 2010.
  • Involvement of women in the development of the accountability mechanisms and in decision making.
  • Establish a long term and reliable source of funding such as a Trust Fund for victims.

Public hearings and dissemination of report to the public.▪

Editorial

By Oryem Nyeko

The French WRITER, Anatole France once said, “All changes, even the most longed for, have their melancholy.” It is this paradox – that change can be both necessary and painful – that speaks to the human condition that so often wants to express itself.

It has been only three months since the release of the inaugural issue of Voices Magazine but many things have changed within the transitional justice framework of Uganda. The legal implication of amnesty in the Ugandan context appears to be undergoing a subtle evolution as the Supreme Court considers the issue of amnesty.

In the same vein, perceptions on the relevance, content and structure of reparations programmes continue to evolve – the International Criminal Court, for example, recently made a significant pronouncement on the issue of reparations in its decision on the former Congolese war lord Thomas Lubanga Dyilo (“What the ICC Decision on Reparations Means for Gender Justice”, page 19).

For the reason that it is currently at the centre of transitional justice debates in Uganda and in other post-conflict societies, the topic ‘reparations’ was chosen as the theme of the second issue of Voices,

Many are not too sure of the true significance of reparations – what does it mean for Uganda and other societies in a state of transition? Is it something people want? Does it mean the same thing for everyone? With the objective of sharing victim centred views we at JRP sought the actual position. In doing so and through our interaction with victims of the conflict we have found that, to use a borrowed phrase, reparations are the ‘language victims are speaking’.

Some individuals have formed collectives to fight for compensation for the damage they have suffered to their bodies (“The Day Everything Changed”, page 30), women have expressed their unique perspective on what they think reparations should involve (“Ododo Wa”, page 15) and  as surprising as it may be, a humble animal – the goat – may be one of the answers to the challenge of reconciling Northern Uganda (“Goats for Reconciliation”, page 27).

But how should reparations be administered, and is the Government of Uganda setting an appropriate precedent with the ones it has given out? (“Reparations, Not Handouts”, page 28).

With that said, JRP too has experienced the contradiction that is change. Over the last few months, sad good byes were said to members of the JRP family, while a set of new faces – myself included – were warmly welcomed. As we look to the future, we have to concede to the inevitability of change. It is a part of life, but what its impact will be on our lives, and the future of the country remains to be seen.▪

Letter from the PC

Dear Readers,

Welcome to the second edition of Voices Magazine. The aim of this magazine is to serve as an avenue for the victims we at the Justice and Reconciliation Project often engage with to narrate the diverse forms of experiences they underwent during the conflict. It is also an opportunity to communicate to those who need to pay attention and take action on their ordeals. In this edition, the focus is on reparation for victims of conflict.

The government of Uganda through the Justice Law and Order Sector (JLOS) has taken significant steps to ensure that transitional justice concerns affecting the country are brought to the attention of government through the Transitional Justice Working Group. Of recent, under the International Crimes Division of the High Court (ICD), particular attention has been paid to how to hold perpetrators accountable for their actions. However, as much as such efforts are vital, less attention has been paid to  the Uganda Government’s efforts by way of reparations for the victims.

Clearly, both prosecutorial and the reparative efforts can be considered elements of justice, but the latter has not received sufficient systematic attention apart from the often sporadic political gestures and empty promises made to victims of conflict, such as those at Barlonyo, Mukura, and most recently Atiak, following political campaigns and political speeches.

It is worth emphasising that from the standpoint of victims, reparations occupy a special place in the move towards sustainable peace and development, especially in restoring the eroded confidence in government due to failures prior to and during the Northern Uganda conflict.

As you will read in this edition, for some victims reparations could offer the most tangible manifestation of the efforts of the state to remedy the harms they have suffered. Criminal justice, even if it were completely successful both in terms of the number of perpetrators accused (far from being the case in any transition) and in terms of results (which are always affected by the availability of evidence, and by the persistent weaknesses of judicial systems, among other factors) is, in the end, a struggle against perpetrators rather than an effort on behalf of victims (see Pablo De Greiff, ‘Repairing the Past: Compensation for Victims of Human Rights Violations’ pp 1-3). Any transitional justice process for Uganda therefore runs a risk of being considered by victims as an empty gesture – cheap and without any relevant meaning to victims. As expressed by one youth during a focus group discussion: “We youths are fed on the same stories every other time. We are told government is doing a lot to arrest Kony and yet we are tired of waiting, tired of promises and tired of anything that does not bring us food on the table. We can never forget what we went through unless we are compensated for time lost because our parents are long gone.”

The efforts to establish a truth telling body as recently embarked on by JLOS is welcomed, because it promotes a sense of closure and recognition of those who suffered, but in the absence of tangible benefits victims will always feel a sense of injustice because of their suffering. While looking back at the atrocities committed in West Nile for instance, in the article ‘When Killers are Rewarded’, Veronica recalls her narrow escape from the hands of her tormentors, and yet to date is yet to come to terms seeing her tormentors walk free while benefiting from a USD 4.2 million donor project. This, among other articles you will read in this issue, raises some perplexing concerns as to how to ensure reparation complements other transitional justice processes without hurting the victims – while at the same time addressing the demobilisation and reintegration concerns of perceived perpetrators.

In the end, decades of armed conflict in the northern Uganda has left victims without the acknowledgement of their suffering and without the means to deal with the consequences. As views published in this edition suggest, reparation when accompanied by other transitional justice mechanisms, will fill a special space for victims of conflict in Uganda.

I wish to thank JRP staff and all the contributors to this edition. Please enjoy your reading until we meet again in the next edition.▪

Boniface Ojok

My Acholi Lesson

By Michael Robinson

It took Stephen about 20 minutes to teach me the proper pronunciation of “ny” and “ng” in Luo. The first time I met Stephen I butchered “what is your name?” in Acholi. “In nyingi anga?” is what I should have said.

It sounded more like, “innyingini Hannah?”

Stephen and all the people from the Justice Reconciliation Project laughed as I continued to struggle with something so basic. “If you just give me 30 minutes to teach you, I’ll have you speaking Acholi,” Stephen shouted across the table.

I took him up on the offer thinking: There’s no way.

Sure enough, 20 minutes into the lesson, we were stuck on “In nyingi anga?” Or as I now had it: “Angagyiniangna?” I thought for sure I had stumped the teacher. Stephen scratched his chin as he contemplated his defeat. “Tomatoes!” he said. “‘Tomato’ in Acholi is ‘Nyanya’ can you say nyanya?”

Nyanya?” I said, “Nyanya!” I got it. “Ny” became simple (although “ng” still gives me trouble) with the help of Stephen, who volunteered his entire morning to teaching me Acholi and the rest of the afternoon to enduring my chant: NYANYA! NYANYA! NYANYA!

As much as Acholi words escape me, English words could not help me describe how I simply cannot fathom what it would be like to be abducted at age nine, forced to be a soldier at age nine, forced away from my home and into the bush, as a child.

I tried to imagine it from Stephen’s younger brother’s perspective: what if my older brother was taken in the night? What if for three years, he was held captive away from me and forced to commit crimes against his own people? Would I consider him my enemy? Would I think about him every night and wish beyond all measure for his safe return?

It is heartbreaking and nearly impossible for me to fully comprehend.

Before I arrived in Uganda, I had done a fair amount of studies regarding the recent conflict, yet nothing was making it real to me. I found myself falling into this strange paradox of knowing about the conflict, being informed about the terror involved in the two-decade long war, and being aware of the struggles of post-conflict rebuilding, but of not really making the connection that there are people my age, people older than me, even people younger than me who are actually here, available to teach me Acholi and eager to share their experiences. These people have endured the conflict, persevered through the terror and are struggling in the post-conflict stage.

It was truly a personal breakthrough in my academic studies, not to mention my personal outlook on life, to simply meet those involved with JRP. It was an honour to see their work, and realise just how important it is.

Stephen and those at JRP taught me more than just “nyanya!” they have taught me how to look past the words on a page and see the beautiful, intelligent and brave people who have been adversely affected by conflict. But not just to see them or empathise with them, but struggle with them in hopes of a better future for all Ugandans.▪

Reparations, Not Handouts

Is the Government setting a good legacy for a reparations process in Uganda?

By Sylvia Opinia

On 11th July 1989, the National Resistance Army (NRA) allegedly rounded up men who were suspected of being rebel collaborators against the then newly formed government and closed them in a train wagon where 69 suffocated to death while 47 survived. Afterwards, the Government convened a military court martial to try the perpetrators and in 1994 delivered the first part of compensation to the families of those who died. By 2001, a mass grave and Mukura Memorial Senior Secondary School were constructed. In October 2010, a sum of 200 million Uganda shillings was delivered by the President of Uganda, Yoweri Museveni, during a public gathering, handed to the then Woman Member of Parliament, and a building intended to house a public library was completed. Media reports indicate that the President publicly apologised to the community in Mukura on behalf of the NRA soldiers.

In a separate incident, during the height of the LRA conflict in Northern Uganda, the Uganda Peoples Defence Force (UPDF), mistaking them for LRA rebels, accidentally killed six fishermen at River Aringa in Mucwini Sub County, Kitgum District. In 2011, handled by the office of the Resident District Commissioner, after consultation meetings with the affected families and elders, the families were paid an equivalent of two million shillings.

In yet another incidence of ad hoc government compensation, immediately after the heinous bomb attacks of 11th July 2010 on world cup football fans at the Kyandondo Rugby Club and the Ethiopian Restaurant in Kampala, the government paid five million and three million shillings respectively to the families of those who were injured and those who died on that day.

This year on the 20th of April, during the 17th annual commemoration prayers for the 1995 Attiak massacre by the LRA, President Museveni gave Attiak Massacre Survivors Association a cash contribution of one million shillings and pledged 50 million shillings which he said was not part of the compensation but his personal contribution.

While the above and other attempts to repair harms committed to civilians by the government are well lwonder whether the government is setting a good legacy for the reparations process in Uganda. It can be argued that the Government only acknowledges and takes responsibility for crimes committed by its soldiers as is the case of Mukura and Mucwini. According to the UN Basic Principles and Guidelines on the Right to a Remedy and Reparations all victims regardless of whether the violations are by the state or non state actors, have a right to adequate, effective and prompt reparation for harms suffered and places the primary obligation upon the state to provide reparations.

Looking closely at the circumstances surrounding these and other similar initiatives, it is questionable as to whether they meet the central principles guiding reparations.  The UN Guidelines outline some of the principles central to any reparations programme such as acknowledgement including full facts of factors surrounding the incident and acceptance of responsibility and guarantees of non repetition among others.

Since such initiatives tend to lack community consultations, apart from Mucwini, an assessment of victims needs to make them victim centered. While it is true that victims across the region in one way or the other are demanding reparations for the crimes that have been committed to them, their needs vary. For instance, in West Nile the majority of the population that was affected by LRA conflict were active as businessmen, civil servants, students etc., as opposed to Acholi, Lango or Teso where victims were varied as a result of indiscriminate attacks. It would therefore be important to consult and assess the different reparations and therefore justice needs.

It is also important for reparations programmes to be linked to other transitional justice mechanisms, such the as International Crimes Division, truth telling, traditional justice initiatives among others, in order for victims to feel that justice has been achieved. In Mukura, during a community theatre performance, the survivors and families of the victims called for reconciliation with the perpetrators through traditional ceremonies.

As the current transitional justice discourse among communities is dominated by the debate on reparations, I therefore want to reiterate JRPs position for a victim led process for a comprehensive policy based on assessment of needs to determine victimhood, and implemented through an independent body in order to reach its intended beneficiaries. This will ensure that victims of gross human rights violations are subjected to similar processes and procedures.▪

When Killers Are Rewarded

In July 2012, the Gender Justice Department at JRP organised the Greater North Grassroots Women’s Conference for women survivors of armed conflict. The aim of the conference was to identify concrete advocacy issues that affect women in order to formulate solutions and make policy recommendations. The discussions at the conference were largely geared towards reparations for the women victims who suffered during armed conflicts. The conference allowed JRP’s Olive Ederu to talk to Veronica Eyotaru, a survivor of the infamous Ombaci Massacre, about her experience and thoughts on reparations in Uganda.

By Olive Ederu

Veronica Eyotaru at Comboni Catholic Mission Animation Center, Gulu during the Greater North Grassroots Women’s Conference,July, 2012.

As I approach Veronica, she smiles warmly and we exchange pleasantries. When I ask her about the “Ombaci Massacre”, however, she seems  to be taken aback – her face falls and her mood darkens a little. To her the adage ‘’time heals’’ does not make any sense as time has never healed her physical and emotional wounds. As she looks back to the day when she narrowly  survived the infamous massacre in Ombaci Catholic Mission in Arua District in the West Nile region, she wonders if she and other survivors will ever be acknowledged or remembered.

In the recent past the Government of Uganda with donor support established a project for the repatriation, rehabilitation, resettlement and reintegration of reporters in Uganda costing about USD 4.2 million. The aim of the project was to assist the approximately 15, 300 ex-combatants in their reintegration into civilian life and to strengthen the capacity of the Amnesty Commission. Within the resettlement package, ex-combatants were offered counseling and referral services, cash, economic and educational opportunities as well as other support programs.

Despite the project boasting of having assisted in the distribution of 14, 816 resettlement packages to former rebels and their collaborators, the project has faced criticism because at its conception no thought was given to the victims that bore the real effects of the conflict. While the project was being implemented, some victims felt totally forgotten and that they deserved such above services even more.

Veronica shared her experience, frustration and recommendations.

 

The Massacre

The year was 1981, Idi Amin had been overthrown and his remnant soldiers had  regrouped and gone to the “bush” as guerrillas to begin fighting the ruling government from the West Nile region. Since the guerrillas did not have enough weaponry, except for  a few guns, bows, arrows and spears, they were overpowered by the Government soldiers who met them at Bondo (about 30km from Arua Town) and were driven northwards through Arua Town. Tensions were very high and the whole town smelt of war as many people escaped to the neighbouring Congo and Sudan.

Arua Town had become a war zone. Hundreds of civilians from surrounding villages as well as the town took refuge at Ombaci Catholic Mission about four kilometres from Arua Town in the belief that it would be a safe haven. Then the Government soldiers arrived! The day was Wednesday, June, the 24th, 1981, the time was 10:00 am. I had also taken refuge at the Mission with my sister Ezuru Anna for two days. It was quite a calm day compared to the previous ones, but something in me sensed trouble. So my sister and I decided to leave the mission to pick a few things from home which was two kilometres from the Mission and cross over to Zaire (now the Democratic Republic of Congo). As we reached home, the Government soldiers had taken firm control of the town and were shooting towards our village so we chose not to cross over into to Congo and ran back to the Mission instead.

I took cover in one of the dormitories of Ombaci College within the Mission, but when I realised it was not safe, I entered the Italian quarters believing that the soldiers would have respect for the white missionary fathers and not venture into their living space. How wrong I was. I proceeded to join about 30 people who had also taken refuge in a garage in the Italian quarters.

Soon the soldiers were all over the Mission armed with guns, long knives, logs and small hoes as the violence intensified. They began shooting, stabbing, cutting and clobbering people left right and center. They would enter every room and clear (kill) every living person be it a child or an adult and only the lucky ones survived. “Sasa fungua RPG, fungua machine gun!” (loosely translated to mean “Now open RPG, open machine gun!”) they would shout and then they would fire endlessly on people.“Leta pesa!” (“Give us your money!”) they would order people, but as the people rose up to hand over their money, they were shot instantly. They were shooting as if they were spraying nursery beds with water.

At this time, I was still in the garage peeping through the vent and my whole body shook violently as I waited for death because I knew the soldiers were coming for us. I sat next to a man who held his grandson tightly and when I saw a soldier striding towards us I then knew my end had surely come. Aiming his gun at us he shot at the man twice and he fell on me. One of the bullets hit me on my right cheek and I blacked out.

I was later rescued by Red Cross workers when I screamed out of pain as bodies were being loaded on a truck (about 2000 people had been killed). I came to my senses in Angal Hospital which was when I realised I had been shot thrice: on my right cheek, the back of my head and my left thigh. I spent nine months at the Hospital where I was operated on my cheek and my left thigh to remove the bullets. 31 years down the road I still have some fragments from those bullets in my body.

The scars

Although I survived death that time, the effects have lived with me until now and I still suffer the aftermath of that incident. I cannot walk for over half a kilometre.  I cannot engage in hard work and because of the injury to my head I cannot carry luggage. I also have to hire labour which is quite expensive. When I hear the sound of loud bangs, I usually faint and I get sudden fits which I attribute to that single day’s experience.

The frustration

When I saw that the Government, through the Amnesty Commission, was supporting and aiding ex-combatants in West Nile in a bid to cause them to put down their arms I was greatly angered. These are the very people who perpetrated the violence directly or indirectly. I wondered how the killer could be supported at the expense of the survivors or the killed.

Such is the frustration of victims of massacres like Ombaci, as far as reparation is concerned. To them, the various schemes of Government’s support to ex-combatants or rebels amount to impunity, since the real persons who suffered innocently have remained largely unacknowledged.

Considering the views of many of the victims we have encountered, the Gender Justice Team at JRP makes the following recommendations:

  • Government’s focus should now be directed to establishing projects for the sole benefit of survivors of armed conflicts.
  • Survivors of the various armed conflicts should be readily identified and their suffering/losses documented to facilitate their reparation.
  • The Government should have a dialogue with the survivors to ascertain their specific reparation needs.
  • The survivors of armed conflicts should be remembered and acknowledged.
  • The establishment of victim or survivor groups should be encouraged.
  • Memorial prayers should be held at massacre sites to preserve such memories for the younger generations.
  • The Government should have a dialogue with the survivors to ascertain their specific reparation needs.
  • The survivors of armed conflicts should be remembered and acknowledged.
  • The establishment of victim or survivor groups should be encouraged.
  • Memorial prayers should be held at massacre sites to preserve such memories for the younger generations.▪

Voices Magazine Issue 2

Voices Issue 2 - September 2012

Since it is currently at the centre of transitional justice debates in Uganda and other post-conflict societies, the topic ‘reparations’ was chosen as the theme of the second issue of JRP’s quarterly magazine Voices.

Contents

An elderly victims’ cry for reparations

Veronica Eyotaru narrates the story of her experience during the infamous Ombaci Massacre

A poem written by the Women’s Advocacy Network’s Di Cwiny Group in memory of all the children who died in captivity and never lived to come back home.

Nancy Apiyo explores the views on reparations gathered from women during storytelling sessions

An analysis of Uganda’s past ad hoc reparative initiatives

An American student relates the personal impact of hearing the story of a teenagers’ abduction and the friendship it created.

Email voices@justiceandreconciliation.com to have your voice heard in the next issue of the magazine.

Download the entire issue here – Voices Issue 02