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.

Thomas Kwoyelo Trial Monitoring Update: June 11, 2018

Confirmation of charges hearing postponed; Kwoyelo wants to change lawyers

The confirmation of charges hearing against Thomas Kwoyelo has been postponed to July 23, 2018, due to lack of quorum from the defense team; only one lawyer representing the accused showed up for the hearing at the International Crimes Division-ICD sitting at the High court in Kampala on Monday 11^th June, 2018. Note that the defense team comprises of four lawyers, two of whom were selected through state brief and the others by the accused himself. This defense team has consistently failed to attend three consecutive court sessions, the most recent being that of 11^th June 2018. While responding to the Judge Hon. Justice Susan Okallany, Dalton Opwonya the only counsel present at the time argued that letters were served late: “We were informed through an email about a month ago, and although a physical summon was required, it was submitted to us a week ago. We are not ready to proceed because other defense lawyers couldn’t make it, and for the accused to have his rights properly, his representatives should all be present,” Opwonya argued.

Kwoyelo is currently facing 93 counts of war crimes and crimes against humanity allegedly committed during the 20 year conflict in northern Uganda.

The defense also noted that they received documents from the prosecution showing that they wanted to amend the indictment. “I learnt later, and my client Kwoyelo was surprised to know,” Opwonya said. It should be noted that the current indictment has already been amended several times. The defense further requested that a translator be assigned to translate the charges for the accused while in prison and hearing dates to be announced to Kwoyelo in time. Both the prosecution and victims’ counsel did not object these submissions. They agreed that for the interest of justice the defense’ prayers should be granted.

Meanwhile during the session Thomas Kwoyelo expressed discontent in the court procedures categorically stating that he was only informed of the hearing a day before: “I would like to know the proceedings of this hearing. I just received a letter today about this session. I would like to know why they can’t inform me in time. My concern is that I should be served with documents as required if truly I am the one being tried.” Kwoyelo angrily said.

He also asked court to allow him change lawyers, a request that was granted although he has to follow the required legal procedures. Kwoyelo said he would like to reinstate his previous lawyer-Nicholas Opio and that he already made contact with him.

The judge hinted on the lack of seriousness of the defense lawyers, “The lawyers whom you selected yourself did not give you a copy of the documents; it means they are not good lawyers; they have missed three sessions. You have to summon and talk to them because it seems they have left you alone. Your request is valid though.” She noted. The Judge further advised Kwoyelo to get lawyers who are more committed to his case because in her view the current lawyers are not. She also gave Kwoyelo a last chance to present lawyers of his choice in the next hearing.

The judge gave a clear time frame for presenting skeleton submissions by all parties. The confirmation of charges hearing was adjourned to 23^rd July, 2018.

Dominic Ongwen Trial Monitoring Update: May 15, 2018

Former child abductees face ‘cen’ and need cleansing: Psychologist tells court

“Former child abductees face serious effects and a significant number develop post-traumatic stress disorders.” Prof. Michael Gibbs Wessels a Psychologist and Professor of Clinical Population and Family Health at Columbia University (USA) told court during the trial hearings of Dominic Ongwen. Prof. Gibbs is also a psycho-social and child protection practitioner who worked in Uganda for 10 years(1998-2008).

“Education was my hope; my future and I have lost it.” Prof. Gibbs quoted in open court how a former abductee expressed her feelings about being abducted:He also stated that there is a likelihood of intergenerational transmission of trauma which will likely affect the families of children who were affected for generations.

Prof. Gibbs told the court that former LRA child abductees still face the burden of stigma, burden of being born out of wedlock, being a rebel child,inability to interact properly, engaging in unruly behavior, inability to create and maintain lasting relationships and feelings of guilt which in turn escalates to depression and trauma.

Prof. Gibbs further added that formerly abducted children also face what can be termed as ‘cen. ‘Cen’is an Acholi word used to describe a super natural manifestation, haunting a perpetrator. He recommended cultural rituals be done to break this psyche mentality.

In so saying, Prof. Gibbs was referring to cultural rituals like “Nyono tong gweno” (Stepping on the egg) that the Acholi believe in to remove the ‘cen’ and pacify the victims.He also noted that the resilient nature of Acholi children doesn’t mean they don’t need support urging that rituals have to be part of the healing process. “That is what people in Acholi land want- to remove the ‘cen’ It is much better than imposing western treatment,” he concluded.

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.

Dominic Ongwen Trial Monitoring Update: May 14, 2018

Psychiatric report reveals lifelong post trauma stress disorders among victims of sexual violence

On May 14, 2018, Mr.  Daryn Scott Reicherteran, a Professor of Psychiatry and Director of Human Rights in Trauma Mental Health Laboratory at Stanford University presented his report on the effects of sexual violence on survivors. The report revealed that victims of sexual violence suffer lifelong post trauma stress disorder (PTSD), and the effects extend to their families, children and their ability to operate in a social setting. In the report, he also stated that it is very rare for a survivor of rape to not have a long-term trauma effects and that almost no survivor of rape has complete wellness at any point in life. Prof. Daryn who is also a cross-cultural trauma-mental health expert was testifying in the trial of Dominic Ongwen at the ICC sitting in The Hague.

Ongwen has been charged with 70 counts of war crimes and crimes against humanity for his alleged role in attacks on four camps for internally displaced people (IDP) between July 2002 and December 2005. He has pleaded not guilty to all counts.

Prof. Daryn told the court that Sexual violence affects victims at all stages of growth and that a child born of rape may not be accepted by the mother or the community, and other traits such as hard times completing school, lack of trust in self and in others, propensity to have love experience, and inability to recall events while in a court room, because they find it stressful to recount such events in front of strangers. He further told court that having flashbacks of bad events can affect the mental state that may compel survivors to develop syndromes such as avoiding important events in the society. Prof. Daryn further lamented that, “reintegration in family is a problem in most settings especially if the rape results in pregnancy, even harder in Northern Uganda basing on interviews with survivors and experts working in the region.” He also told court that, “if there are no resources/improvement in treatment facilities, it can be an aggravating factor of mental stress to victims. Treatment avenues should be provided whether at an early stage or later stage,” he said. In summary Prof. Daryn said survivors of sexual violence have more timid instabilities than expressed and that bad mental health state is a big thing to be addressed at all stages in this trial.

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.

Witness Says Ongwen Feared Escaping the LRA Because of ICC Arrest Warrant

A former captain of the Lord’s Resistance Army (LRA) told the International Criminal Court (ICC) that he confided in Dominic Ongwen nine years ago about his plans to escape the rebel group, hoping Ongwen would join him.

Witness P-209 told the court Ongwen listened to his proposal but told him that he feared the ICC arrest warrant issued against him. Witness P-209 said he did not fear Ongwen would reveal his plans because he knew at the time Ongwen was not on good terms with LRA leader Joseph Kony, just like himself. Both of them knew they could be killed at any time.

The witness testified in the trial of Ongwen between Tuesday, February 27, and Wednesday, February 28. Ongwen, a former LRA commander, has been charged for his alleged role in a long list of crimes allegedly committed between July 2002 and December 2005.

The crimes Ongwen has been charged with include attacks on four camps for internally displaced people (IDP), sex crimes, and conscripting child soldiers. In total, he is facing 70 counts of war crimes and crimes against humanity. Ongwen has pleaded not guilty to all counts.

Witness P-209 told the court that from the time he was abducted in 1994 he feared escaping the LRA because, among other things, he had seen at least one person killed when that person was caught after trying to escape. He said it was only in 2008 that he decided to escape because he concluded he could do so without risking the lives of his fellow villagers. Witness P-209 said he had witnessed that when someone escaped from the LRA, the village they were from was attacked as punishment for that person escaping.

He did not explain in open court why he thought that would not happen in 2008, but one explanation may be that that year the LRA was not in Uganda and most LRA members were camped in two areas, Ri-Kwangba and Owiny Ki-Bul, along the border of Sudan and Congo. This was a condition for peace talks at that time that the then autonomous government of Southern Sudan mediated.

Krispus Ayena Odongo, Ongwen’s lead lawyer, followed up on this issue of villages being collectively punished for the escape of an LRA member when he cross-examined Witness P-209 on February 28.

“You are abducted forcefully, if you are lucky and able to escape without being caught again then they would go to your area, the area where you were abducted from. Whether or not they find you is beside the point,” said Witness P-209, adding that the LRA killed whomever they found in the village.

To read further follow the link below:

https://www.ijmonitor.org/2018/03/witness-says-ongwen-feared-escaping-the-lra-because-of-icc-arrest-warrant/

How the ICC Field Office in Uganda is Using SMS to Update Communities about the Ongwen Trial

In northern Uganda, many people have expressed interest in following the trial of former Lord’s Resistance Army (LRA) commander Dominic Ongwen. However, most people are unable to do so on a regular basis due to lack of convenient channels. For this reason, the International Criminal Court (ICC) field office in Uganda began disseminating information through short message services (SMS) or text messages. This article explores perspectives of select community members in Lukodi village regarding the effectiveness of the initiative.

Ongwen, a former commander of the Lord’s Resistance Army (LRA) has been on trial since December 6, 2016. He is charged with 70 counts of war crimes and crimes against humanity allegedly committed in the former Internally Displaced Persons (IDP) camps of Lukodi, Abok, Pajule, and Odek.

The ICC field office in Uganda is tasked with disseminating information and updating the public about Ongwen’s trial in order to promote community and victim participation. To accomplish this, the field office traditionally relied on conventional approaches, such as community outreach events, public screenings, radio programs, and dissemination meetings. In April 2017, however, the field office launched a free interactive SMS platform designed to create awareness and engage local communities in the Ongwen trial.

As Maria Kamara, ICC Outreach Coordinator for Kenya and Uganda, pointed out, “The centrality of victims and affected communities to our various engagements drives the quest to continuously explore new, innovative, and cost-effective ways through which victims, affected communities and various stakeholders can have access to and participate in the judicial processes. The SMS platform was therefore identified as [a] feasible and cost-effective approach that can complementarily feed into the already existing Outreach initiatives.

For more follow the link below:

https://www.ijmonitor.org/2018/03/how-the-icc-field-office-in-uganda-is-using-sms-to-update-communities-about-the-ongwen-trial/

“HISTORY SHAPES THE FUTURE” THE NEED FOR MEMORIZATION

Although there is relative peace, people of northern Uganda are still suffering the effects of the Lord's Resistance Army (LRA) war—a war that left many in the state of despair. A myriad of factors hinder the victims and survivors to attain healing and forge live beyond what happened: the delayed and/or lack of justice for war crimes, the paucity of reparations, and the lack of government support for victims of rape and those afflicted by Post Traumatic Stress Disorder (PTSD).

Social healing in northern Uganda can be achieved by tackling these issues from all sides. From increasing the opportunity for dialogue on how and when reparations will be provided, providing information on the on-going trials of the perpetrators of the LRA war, supporting the mental well being of person afflicted by trauma, enhancing the economic status of victims and memorializing the past among others.

While there have been concerted efforts to tackle the above mentioned obstacles to healing in communities affected by the LRA war in northern Uganda, memorization as a critical link to the other aspects has been limited. Today in northern Uganda, the concept of memory has been limited to concrete monuments with names of victims which provide somewhat less impact in facilitating social healing. Therefore there is need to explore memory through other lenses. For example, through the creation of physical spaces that preserve and transmit memory.

Why memorization in northern Uganda

Currently implementing a memorial project in Lukodi village in Gulu district, northern Uganda, the Foundation of Justice and Development Initiatives (FJDI) spoke to community members on what this project meant to them.  

“Many of the children you see today were born in the camps. All they know is the sufferings we went through while in the camps. The photos, body maps, timeline of events and physical maps of how the rebels use to operate will serve as an education avenue for them to know how the sufferings they witnessed in camps came about” said a member of the community reconciliation team

“We were part of the events that happened during the LRA war, it’s important that we tell the young ones of today so they can learn about the dangers of war” another member added

Aware that history shapes the future, the site to be established will help provide a historical account of events as they unfolded during the conflicts. At FJDI, we strongly believe that when spaces to acknowledge accounts and memories of what happened in the past are availed to communities affected by conflict, it facilitates the recovery process making it easy for victims and survivors alike to move forward.