The Long Road to Reparations in Uganda: Another Conflict Survivor & Victims’ Advocate from West Nile Dies

 

On Wednesday June 23, the sad news of the passing of Acidri Stephen shocked the Transitional Justice practitioners’ arena in Uganda. Acidri was famous in the Transitional Justice circle for his courageous leadership and constant advocacy for reparations for victims of conflict in Uganda. At the time of his passing he was the coordinator of Ombacci Massacre Association in Arua for whom he profoundly spoke. People who knew Acidri, may recall that he often emphasized the urgency of reparations for victims. He hardly left a gathering or did an interview without saying, “… victims are dying off without realizing reparations...” it may well, have been a prophesy of what would later unfold on himself.  

Acidri’s passing adds to the trend of deaths of conflict victims in Uganda. On March 4 2019, a prominent and vocal victims representative known as Hajji Sebbi Longa also passed on after a short illness. Sebbi had earned the nickname ‘Ocampo of West Nile’ due to his work with conflict survivors in Uganda, an undertaking that he passionately carried out. The nickname was in reference to the former prosecutor of the International Criminal Court (ICC), Moreno Ocampo who coincidentally had a scraggly beard just like Longa.

Both Longa and Acidri will be remembered for their contribution in advancing the cause for conflict-affected victims in Uganda.

In an article published in 2015 Acidri was quoted saying, “We hope that finally something can be done to address these issues.” About four years later in an article published by Daily Monitor on May 30, 2019 Acidri expressed his disappointment when he said, “We have been struggling to get justice because it is disheartening. We need the leaders to take responsibility and compensate those who lost loved ones and property.” Hajji Sebbi Longa had earlier said the same thing, “We are tired of asking for the same thing with no feedback.”

A brief background about the Omabacci Massacre whose victims Acidri led: About 100 people were allegedly killed on June 24, 1981, survivors say, in revenge for what Idi Amin’s Uganda Army had done in other parts of northern Uganda after the coup against president Milton Obote in 1971. Amin, many senior officers in his army and lower rank soldiers, hailed from West Nile where Arua is located. At least 89 victims, who were buried in a mass grave near St Joseph’s College Ombaci, were identified.

The continued deaths of victims in Uganda further reiterates the urgency with which the government should fast track reparations for all victims of conflicts. Continued delay will only lead to piling of frustration and anger among victims, a situation which is a threat to peace.

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This article was written by: Nobert Dacan who is a peacebuilding practitioner and social researcher in Uganda and Ogora Lino Owor, the founder of Foundation for Justice and Development Initiatives.

Foundation for Justice and Development Initiatives (FJDI) works with children, youths, women and communities to promote justice, development and economic recovery in northern Uganda. FJDI has been working on providing redress for conflict affected persons and communities and promoting Transitional Justice measures since 2015.

Community Members call for an Expeditious Process to pass the NTJP Policy into law

By: Dacan Nobert

Foundation for Justice and Development Initiatives (FJDI) working together with Action Aid Uganda, Gulu team last week took part in a series of community outreach sessions across four districts of northern Uganda—Gulu, Omoro, Amuru and Nwoya with the view of creating awareness on the recently approved Uganda National Transitional Justice Policy (NTJP) to ensure that women and other vulnerable groups affected by the long term conflict in Northern Uganda are able to demand for the Transitional Justice (TJ) policy implementation in Uganda. “We are convinced that such awareness campaigns will contribute towards amplifying the victims’ voices towards the policy implementation, enhance human rights protection, peace and justice,” said Ocen a representative of Persons living With Disabilities (PWDs) in Gulu.

Following a history of conflicts, the Uganda government has made significant commitments towards addressing legacies of conflicts. These commitments and milestones are seen in the enactment of the International Criminal Court (ICC) Act (2010), the establishment of the International Crimes Division (ICD) and the ongoing trials of former Lord’s Resistance Army (LRA) commanders Thomas Kwoyelo at the ICD in Uganda and Dominic Ongwen at the ICC in The Hague, the establishment of a National Peace Building Platform at the Office of the Prime Minister (OPM), but most significantly the approval a National Transitional Justice policy by the cabinet in June 2019.

The policy provides an overarching framework for the implementation of various transitional justice processes: it is also an opportunity for Uganda to engage with key issues of impunity, accountability, amnesty, reparations, institutional reform, and national reconciliation. The policy in itself is not final, it calls for legislation by the parliament in order to be operational. Therefore, the current context provides an opportunity for community members to demand for the TJ policy implementation, advance their views to politicians vying for different elective positions in the forthcoming 2021 national elections.

From 20th to 23rd October, FJDI in partnership with Action Aid Uganda conducted a series of outreaches in the sub-counties of Awach, Lalogi, Pabbo, and Anaka located in Gulu, Omoro, Amuru and Nwoya districts respectively. A combined total of about 500 people attended the outreaches. The outreaches gave an opportunity for community members to know, digest and understand the policy. Although the communities were appreciative of the government’s commitments, they called for an expeditious process to pass the TJ policy into law. The community who are overwhelmed by negative impacts of the war insisted that a law guiding TJ processes would contribute towards addressing issues such as post-war land conflicts in northern Uganda, issues of formerly abducted persons, psycho-social and medical needs of victims, provide a framework for reparations, resettlement and integration of children born of war among others which should be treated with utmost urgency in order to sustain the existing peace. Another important outcome was the call by community members who are largely Luo/ Acoli speakers to have the policy document translated into local languages for easier reading and disseminated to grassroots.

Meanwhile, with the COVID-19 infections on the rise, the field team had to ensure strict adherence to COVID-19 Standard Operating Procedures established by the authorities in order to ensure the safety of participants. SOPs were observed throughout the exercise and measures such as limiting the number of participants, use of approved face masks as a must by every participant, hand washing facilities, hand sanitizing and social distancing were applied.
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Foundation for Justice and Development Initiatives (FJDI) works with children, youths, women and communities to promote justice, development and economic recovery in northern Uganda. FJDI has been working on providing redress for conflict affected persons and communities and promoting Transitional Justice measures since 2015

Enough of the Violence, more of the Peace

By Nobert Dacan

International Day of Peace established in 1981 by unanimous United Nations resolution, provides a globally shared date for all humanity to commit to Peace, abandon all differences and to contribute to building a culture of peace. The Peace Day is observed around the world on 21 September yearly. The UN General Assembly has declared this as a day devoted to strengthening the ideals of peace, through observing 24 hours of non-violence and cease-fire. This is a huge step by the Assembly as this period (if observed) should be able to show the world the obvious significance of non-violence and more than ever that we are not each other’s enemies given the COVID 19 experience.

Peace means many different things to different people. In the past, peace meant a time without wars, fighting, or the threat of violence—yet this ideal time for long has been in vain! Today, peace is used to refer to a state of harmony, quiet, or calm with no hostility, still, the world is yet to achieve this. Having experienced (and still experiencing) numerous violence, it is time for all of us, to not only think of a world we need but also to make an effort towards it, ordinary citizens, politicians, technocrats, all of us alike!

We want to achieve a state where everyone is physically, economically, mentally and spiritually at peace, where everyone truly knows themselves, can work to achieve their different aspirations, free from violence and torment. Humanity deserves a world where the family institution flourishes, where parents live to see their children grow up to achieve their dreams, a world without violence and broken dreams, humanity deserves a democratic world were politics is not a cause for bled shed, suffering and turmoil, a just world were meritocracy overrules corruption and greed, a world free from hate and racism, a world everyone can harmoniously survive in, black or white.

This day is for the world to come to terms with its past, to look back and say enough of the violence and more of peace, enough of the hate, more of the love, enough of corruption, greed and injustice, more of generosity, fairness and justice. Humanity needs to give a chance for the principles upon which the Peace Day was built to flourish.

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Foundation for Justice and Development Initiatives (FJDI) works with children, youths, women and communities to promote justice, development and economic recovery in northern Uganda. FJDI has been working on providing redress for conflict affected persons and communities and promoting transitional justice measures since 2015.

FJDI Annual Report 2019 can be found using this link: https://fjdi.us20.list-manage.com/track/click?u=b7c5687942c6c79a64ffed940&id=eae22cd89f&e=cb10623dce

Ignored and Forgotten: Challenges, Hopes and Expectations of Victims’ Groups in Northern Uganda

In 2019, FJDI with funding support from Robert Bosch Stiftung conducted an assessment of victims' groups in northern Uganda. The URL below directs you to a policy brief derived from this assessment. We hope this brief will provide information to stakeholders and prompt urgent positive actions towards the general situation of victims of conflicts in Uganda.
FJDI Policy Brief No. 2019-001

Thomas Kwoyelo Trial Continues Amidst Challenges of a Public trial

By Nobert Dacan

The trial of former LRA commander Thomas Kwoyelo resumed Monday 30^th September, 2019, after a break of more than two months and on 10^th October it was postponed indefinitely due to issues of disclosure. Kwoyelo has been in detention since 2008 and is facing 93 counts of war crimes and crimes against humanity before the International Crimes Division (ICD) of the High Court of Uganda for his alleged role in the conflict spanning more than two decades in Northern Uganda. Ten prosecution witnesses have so far testified in the trial and since the trial resumed, three prosecution witnesses have testified. The 7^th and 8^th witnesses appeared between the 30^th of September and 7^th of October, and two additional witnesses testified from the afternoon of the 7^th to the 10^th of October.

However, the prosecution relied on Article 28 and 126 of the constitution of Uganda and rule 36 of the ICD rules of procedures to apply for witness protective measures. These included concealing the identities of the witnesses by using camouflage, pseudo codes and closing court sessions to the public. The trial judges granted these protective measures because the prosecution team argued that the witnesses’ wellbeing could be at risk if not fully anonymised. The closing of the court sessions has prevented the public from following proceedings since the trial resumed, resulting in complaints from those wishing to attend the hearings. On Monday 7^th October several people who had come to attend proceedings expressed disappointment when they were told to walk out of the court room because the day’s session would be held in-camera. The prosecution has framed these protective measures as a desperate attempt to protect the witnesses while ensuring that the court obtains information and the trial goes on. They said on October 1, that this attempt is in the interest of the accused as well. In their ruling, the trial panel said under Art 28 (2) and ICD rule 36, court had to balance between the safety of the witness and a public trial, “…for that reason, the use of pseudonym, camouflage, exclusion of the public from certain parts of his testimony is granted”, said one of the trial judges.

It is, however, obvious that the public is not contented with this. The 10-15 members of the public who sat in a nearby room waiting for a full day, and who seemed to have travelled long distances to attend could be heard murmuring in dissatisfaction on October 7^th, when they were asked to walk out of the courtroom because the prosecution wanted to tackle a sensitive matter that needed protection. Details of all testimonies delivered in-camera have not been availed to the public.

On the 7^th of October, a woman aged around 50 years told the FJDI that it was not realistic to hold proceedings in-camera. “If you are telling the truth, why should you hide from the public?”, she questioned. To her, “it shows that the witness is not telling the truth.” Earlier on a defense counsel had also raised a similar concern during the proceedings of October 1, stating that the exclusion of the public offended the essence of Art 28 of Uganda’s constitution though the prosecution has been relying on it to seek protective measures. The defense lawyer said that, excluding the public breaches this Article and moreover, if other measures like camouflage and use of codes were in place, there was no need to exclude the public from the courtroom. The defense lawyer emphasized that holding the trial in-camera would affect the whole outcome of the trial because, “the public shall not trust it…the public would say…they closed themselves, conducted the trial and made their ruling.” He went as far as referring to the ICC’s trial of Dominic Ongwen, “People in Gulu have been following a trial in The Hague yet they cannot follow this trial which is being conducted in Gulu,” he said.

On 10^th October, the trial was adjourned indefinitely due to issues of disclosure. This is not the first time proceedings is being interrupted because of the same thing.

The ICD of Uganda’s High Court being a ‘young’ institution established in 2008 to try international crimes has greatly suffered from difficulties of bridging the gap between the court and the public. It seems that the public who are interested in following this international trial are disconnected and unable to follow despite the court being brought closer to the case location.

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Foundation for Justice and Development (FJDI) works with children, youth, women and communities to promote justice, development and economic recovery in northern Uganda. FJDI has been working on providing redress for conflict affected persons and communities and promoting transitional justice measures since 2015.

FJDI Monthly Pictorial- September, 2019