Thomas Kwoyelo Trial Monitoring update August, 2018

The community of Pabbo has mixed reactions on the trial of Thomas Kwoyelo

Basing on opinions gathered from Pabbo on August 13; a section of the community is sympathetic and want the charges against Thomas Kwoyelo dropped. Below are some of the arguments raised by the community;-

Some community members insisted that Kwoyelo was abducted at a tender age and coerced to commit crimes; others said the state should have protected him from abduction and therefore has no right to prosecute him, whereas others questioned why the trial is taking too long as compared to Dominic Ongwen’s case at the ICC.

Thomas Kwoyelo is facing 67 counts of war crimes and crimes against humanity before the International Crimes Division (ICD) of Uganda’s High Court for his alleged role in the LRA conflict in Northern Uganda. The court has since failed to confirm charges against him and as a result the matter is still at the pre-trial stage.

Aber Jenifer a victim demanded that the government be sued for crimes committed by the UPDF during the conflict or else Kwoyelo should be freed because in her view the most dangerous crimes were committed by the UPDF. Other victims supported the idea claiming that the UPDF subjected them to similar offences that Thomas Kwoyelo is now being blamed for, a potion of the community insisted that Kwoyelo should be released unconditionally despite others saying his prosecution should proceed.

Another community member, Bongomin Micheal wondered why Kwoyelo is continuing to be remanded illegally for close to 10 years now. Bongomin also sided with the others that Kwoyelo has suffered enough and should be released.

Others said Thomas Kwoyelo was also abducted like any other person and grew up in the bush witnessing dangerous events which may have influenced his adult behavior.

Oneka Albert for example said, “Kwoyelo was abducted and grew up in the bush. He did not intend to be part of the LRA or to commit those crimes he is alleged to have committed. Why can’t he be forgiven? Even the bible tells us to forgive 77*7 times so why can’t he also be forgiven. In my understanding the laws are derived from the bible or have the courts deserted the bible?” Oneka Albert from Rikweri a village in Pabbo Sub County.

Abur Evalene the leader of Pabbo victims said her people suffered harm but as time goes on, they are beginning to forgive Thomas Kwoyelo. She said the biggest challenge the victims are now facing is poverty because most of their able bodied children were either killed or abducted living them in a state where they cannot provide for themselves. She suggested that projects that aim at empowering the victims economically be explored so as to restore economic sanity among the victims.

The chairperson LCI- Obalo Stephan supported the view of victims specifically emphasizing the need for reconciliation and reparations for those who suffered harm. In his statement, the victims were left in a sorrowful state in the after mass of the LRA conflict but the government has not done enough to restore their livelihoods. He agreed with the victims’ leader that people still live in abject poverty and have no capacity to do the things they would like to do. In his opinion, Kwoyelo should be released so that people can ask for forgiveness and reconcile with the victims; that way he said peace and harmony can be restored rather than using the law to punish him. He insisted that, “After all it is not only Kwoyelo who is accountable for crimes committed in Pabbo and therefore it makes no sense to hold him alone.”

Another member-Lawol Eric questioned the institutional capacity of the ICD in trying crimes of that nature. He nevertheless asked the year when the ICD was established and its capability to handle the Kwoyelo case. He further asked why the ICD has not confirmed the charges against the accused categorically stating that it is a question of capacity and that this will hinder the application of true justice.

 

The Agency for Cooperation and Research in Development (ACORD) is a Pan African organization working for social justice in Africa with a specific focus on peaceful communities, sustainable livelihoods and healthy lives.  The Foundation for Justice and Development (FJDI) works with children, youth, women and communities to promote justice, development and economic recovery in northern Uganda. ACORD and FJDI are monitoring the trial of Dominic Ongwen with support from the European Commission, under a project titled, “Promoting Justice and Accountability for Conflict Affected Communities in Northern Uganda and West-Nile Regions of Uganda.