Tag Archives: justice

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.

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.

2011 Annual Report

This annual report outlines JRP’s accomplishments over the past year and highlights our commitments to bringing grassroots communities together to galvanise efforts for justice and human rights. It outlines key activities from the Community Documentation, Community Mobilization, Gender Justice and Communications departments and is a selection and general overview of our outputs and accomplishments in 2011.

To download the report, click here.

Oduru: A poem for International Women’s Day 2012

This year, as we join the world in celebration of International Women’s Day, the Justice and Reconciliation Project (JRP) wishes to emphasize the unique peace, justice and reconciliation challenges faces women survivors of armed conflict. In line with this year’s theme, “Connecting girls, inspiring futures,” a member of the Women’s Advocacy Network (WAN)—a JRP-supported forum for conflict-affected women to undertake gender justice advocacy—has prepared a poem that highlights some of the issues facing formerly-abducted women and the need for stakeholders and communities to listen to women’s calls for justice.

To view the poem, titled “Oduru” or alarm, click here.

Members of the WAN will be performing the poem at today’s district celebrations in Gulu. Pictures are coming soon!

Kwoyelo is remanded back to Luzira

High Court orders Kwoyelo’s immediate release

Kwoyelo is remanded back to Luzira
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.

 

ICD judges

“Cessation of the Kwoyelo Case,” ICD Court Ruling, 11 Nov. 11

ICD judges
A panel of 3 ICD judges during the Kwoyelo trial on Nov. 11, 2011.

“Cessation of the Kwoyelo Case,” ICD Court Ruling, 11 Nov. 11

Listen here.

On November 11, 2011, the International Crimes Division (ICD) of the High Court of Uganda convened in Gulu in the case of ex-LRA commander Col. Thomas Kwoyelo. In this audio, the lawyers are introduced and the panel of judges states its compliance of the Sept. 22nd Constitutional Court ruling to cease the trial in light of Kwoyelo’s eligibility for amnesty. The ICD did not, however, order for Kwoyelo’s release, and instead referred that matter to the Directorate of Public Prosecutions (DPP) and the Amnesty Commission.