Category Archives: News Analysis

View in-depth analyis of various issues and current events related to the transitional justice process, victim’s rights and reparations in Northern Uganda.

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

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.

 

Victims lack Support due to Insufficient Funds in Thomas Kwoyelo Trial

The Trial of Thomas Kwoyelo continues with plea taking. Photo Credit, Sophia Neiman.

Eyes downcast and voice quiet, accused rebel Thomas Kwoyelo repeated the same phrase over and over; “I did not know about it and I did not do it.” The first of the Lord’s Resistance Army to be tried in a domestic court, Kwoyelo stands accused of 93 counts of murder, rape, kidnap, and torture, as well as violations of the Geneva Convention.  Plea taking occurred on November 12 and 13, 2018 at the High Court in Gulu.  Kwoyelo pleaded not-guilty to all charges.

Following plea-taking, the case was adjourned until next year, and will continue in February of 2019. This follows a previous adjournment in September, when defense attorneys argued that the accused had not been presented with a proper translation of his indictment. A bail hearing set to take place on November 15, 2018 has also been postponed until January. Kwoyelo will again return to prison, awaiting a trial that has taken nearly ten years to come.

In addition to these continued delays, Victim’s Counsel Komatech Kilima claims that survivors’ voices have not been properly represented. Speaking outside of the court, following the first day of plea-taking, he said, “The trial has not been fair to victims.” Specifically, Kilima asserts that he has not been given the necessary facilitation by the International Crimes Division of the High Court in Uganda (ICD) to visit impacted areas, and gather opinions and testimony. A lack of funding has made it virtually impossible to share the voices and needs of those affected by war.

Kilima called passionately for grassroots programs and non-profit intervention to bring more attention to the trial, encourage community participation and protect the rights of all those involved. He said, it is crucial to, “keep it on people’s lips throughout.”

Meanwhile, Lady Justice Kiggundu claimed that the ICD in Uganda should provide proper facilitation for the Victims Counsel to properly consult with affected persons ahead of the bail application.

The Justice and Reconciliation Project will continue to share news and information about the trial as the story develops.

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

“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.

Thomas Kwoyelo Trial Adjourned until November

Bodies pressed together in the hot court room, as a crowd gathered to watch the trial of Thomas Kwoyelo. Kwoyelo is a former LRA commander, primarily active in the Amuru District. He has been charged with 93 counts of murder, rape, kidnap and torture. He is also the first LRA official to be tried in a domestic court.

The trial did not proceed as planned. It was set to start on Monday, September 24 at the High Court in Gulu, but lagged a day, beginning again on Tuesday.  Following an impassioned argument from the defense, judges choose to adjourn the trial until November 5, claiming the accused had not received a proper translation of his indictment. This decision drew strong and mixed responses from the spectators. “We have wasted a week,” said Victim’s Council, Komaketch Kilima.

Thomas Kwoyelo Speaks to a prison guard during a recess in the trial. Photo credit Sophia Neiman.
Thomas Kwoyelo Speaks to a prison guard during a recess in the trial. Photo credit Sophia Neiman.

The current delay is short, however, compared with the time Kwoyelo has spent awaiting trial. First captured in the Democratic Republic of the Congo nearly a decade ago, he has languished in Luzira Prison in Kampala since 2009. According to Defense Council, Charles Dalton Opwonya, the accused was mistreated there. “He has never been treated humanely at all. Not at all. Even though he has not been tortured as I see in the case of Bobi Wine, [there has been] very rude treatment,” he said.

Furthermore, the defense asserts that Kwoyelo should not be on trial at all, claiming that the man is a victim of the LRA’s abuses.  Kwoyelo was captured as a young boy, and forced to become a soldier. “It will never be a fair trial, because the victim is the accused,” said Opwonya.

He has even gone as far as to paint Kwoyelo as a scape goat; and the trial a ploy for government influence. Opwonya said, “I think it is a political gimmick, one, to protect those who would go to The Hague, and two, to show the public that something is being done.”

The continued delays are immediately harmful to victims who have agreed to act as witnesses, and potentially to Kwoyelo himself. “I think it’s painful, because it has been a long time. As I have said in court, victims have suffered and waited a long time for this day. The accused person himself has waited for long,” said Kilama.  He added that people are becoming frustrated and impatient, “Whether or not [Kwoyelo] is acquitted [victims] should be given the chance to tell their story, to present their case.”  Kilama continued, “People get discouraged about these proceedings each time they have been adjourned.”

Kwoyelo  watched the trial carefully and quietly, his eyes alert. He took time to consult with both his lawyer and his sister, but was otherwise silent. The court has ordered that he return to prison until the trial resumes in November.

 

International Criminal Court Presents Community Screenings of the Ongwen Trial

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.

A PRIVATE SCREENING OF THE TRIAL OF DOMINIC ONGWEN FOR VICTIMS OF SEXUAL VIOLENCE

As part of monitoring the Dominic Ogwen trial (‘Ongwen Trial’) at the International Criminal Court (ICC), JRP gathered the opinions of community members directly affected by the LRA in Acholi and Lango sub regions to inform the trial process. Of the many issues discussed, the concerns raised by victims of sexual and gender-based violence (SGBV) appeared to be the most pertinent. With the expansion of cases against Dominic Ongwen involving SGBV crime, victims of sexual violence do not feel they are given an adequate platform to follow the trial and express their views. According to many SGBV victims, they are marginalized in their community as a result of the stigma attached to sexual violence and being a former abductee. Consequently, they are unable to sit with other community members to watch the trial and express their opinions freely. The victims of SGBV therefore seek a more conducive environment that enables them to participate in the trial at the local level.

Other issues raised by the community concern the victim’s reparation mechanism of the ICC. Whilst they expressed their knowledge of being beneficiaries of the ICC Trust Fund for Victims (‘Trust Fund’), only verified victims who testify and confirm the situation can benefit from the reparations scheme. As such, they believe it is not fair to compensate those who testify at trial. Victims also hold the view that compensating only victims directly affected by Ongwen or his brigade is likely to cause segregation and division among other LRA abductees. Furthermore, there is an overall loss of morale for victims to participate in the trial process as a result of the conditions imposed by the ICC Trust Fund. They posed questions such as “what justice will I get from the trial?”  Questions like these reflect the inadequacy of information disseminated to the victims, which has resulted in a lack of understanding by the victims of the mechanism itself.

Victims also believe the UPDF should be held accountable for their suffering. In their view, the ICC is working for the Government of Uganda by using government resources as evidence to prosecute Dominic Ongwen. According to the victims, if the Government was able to track Ongwen’s communications with the LRA leader when planning to attack a village, then why didn’t the UPDF respond to protect the civilians or inform civilians of the planned attack? Consequently, victims are dissatisfied and disappointed with Ugandan Government’s submission of evidence to the ICC. Victims also believe the ICC process is selective justice. They questioned why only Dominic Ongwen is being tried and why other commanders who were more culpable were given amnesty

Contrasting interests in the Ongwen trial has resulted in segregation between victims and local communities. While victims wish to see Ongwen punished and held accountable for his actions, local communities either want Ongwen to walk free or to be prosecuted through a local justice mechanism. The increasing tension between victims and local communities calls for reconciliation efforts.

Despite the ICC’s attempt to anonymise witnesses through voice distortion, victims can still be identified by those who have lived with them for a significant period of time. This has caused insecurity in potential witnesses, thereby discouraging participation in the trial process.

Identification and registration of witnesses have also proved to be problematic. Victims believe that legitimate victims are being excluded because local leaders and those in charge of witness identification and registration have abused the system by registering their friends and family to benefit from the trial.

JRP urges the ICC to strengthen its complementarity mechanism to promote co-existence irrespective of the court process. People should be prepared to co-exist regardless of whether Ongwen is found guilty.

In seeking to respond to some of the issues raised, JRP in partnership with ICC Women and in collaboration with the ICC’s Field Outreach Office in Uganda, we will be showing a private screening to victims of SGBV in the districts of Gulu, Amuru, Abok, Pader, and Nwoya. This initiative seeks to provide a more suitable environment for conflict-affected SGBV victims to follow the trial process and to freely express their views. JRP is confident that this initiative will empower victims of sexual violence to participate in the trial process, whilst encouraging them to advocate for justice and accountability for the injustices they suffered.