FJDI Monthly Pictorial - July 2019

FJDI Monthly Pictorial - June, 2019

MEMORIALIZATION - A PILLAR OF UNITY AND HOPE TO VICTIMS OF THE LRA INCURSION IN OBALANGA

On 15 June 2003, the once peaceful community of Obalanga in the newly created district of Kapelebyong in the greater Northern Uganda came under the attack of rebels of the Lord’s Resistance Army (LRA).  This began months long of rebel activity in the area of Obalanga and the environs of Teso in which the people were held under siege as the rebels, killed, looted and abducted people at will. Within a short period of time, hundreds of people were killed, and relatives and community members had little choice but to bury their loved ones numbering up to 365 in a mass grave.

Each year, on 15 June the anniversary of the first attack, residents of Teso converge at Obalanga Sub-County at the site of the mass grave to commemorate the day in the form of prayers. FJDI over the past years has not only supported the community in aspects of advocacy and documentation of their war narratives, but has also joined them in the memorialization of the day. This year’s event was attended by community elders, relatives of victims, survivors, local government officials, representatives of NGOs and CSOs.

The ceremony included a prayer service animated by the Church of Uganda, speeches by the local organising committee, testimonies from the survivors and also remarks from representatives of the local government and supporting NGOs. The general message was one of forgiveness, unity and hope. Furthermore, students from schools within Kapelebyong district performed songs and poems on themes that centred on keeping alive the memories of the sad events, love, hope and a better future.

Speaking to Achila Simon a member of the local organising committee, he said that the commemoration of this day was very important in that it does not only allow them to remember and pray for their loved ones but also helps foster unity within the community. He furthered that the sermons and speeches delivered also help to pacify and give hope to the survivors and relatives of the departed.

Amoding Betty a survivor and widow whose husband lost his life in the hands of the LRA lamented on the pain, sorrow and trauma she has been suffering over the years. She indicated the memorial service not only enables her to pray for her husband but also enables her to recognise that she is not alone in her sorrow, which gives her strength and hope.

The FJDI team also took the opportunity to interact with survivors to seek their opinion on holding a unilateral memorial service throughout the greater northern Uganda as opposed to different communities holding it at different places at different times. FJDI continues to be committed in its objectives of advocating for appropriate policies on democracy, governance, justice and development, the promotion of social economic empowerment for vulnerable individuals, groups and communities and to conduct research on relevant justice and development issues crucial to national debates and policies.

Witness Gives Account of Pajule Attacks and Brief Ongwen Interactions

On June 6, 2019, a former LRA captive came before the ICC and gave a chilling account of his experience being abducted, his time in the IDP camps, and a brief account of his time with the LRA, including interactions with Dominic Ongwen. The hearing was interrupted due to technical difficulties and health concerns of the witness forcing the trial panel to postpone proceedings to the following day.

Ongwen is facing 70 counts of war crimes and crimes against humanity allegedly committed between 2002-2005 in the camps of Odek, Pajule, Abok and Lukodi in Northern Uganda. He has pleaded not guilty to all charges.

The witness was referred to as “Mr. Witness,” instead of his original name-one of the witness protection measures being used by the court. The former captive described how his primary school education was interrupted by the death of his father. Then, in 2002 when conflict in Acholiland was heightening, the government mandated that his community move to IDP camps in fear of the LRA. From the start, there was clear fear and threat experienced by Mr. Witness. The government even threatened at-risk people, saying they’d be considered rebels themselves if they didn’t move into the IDP camps within two to three weeks after initial warning. Along with fear of government and rebels, Mr. Witness also had to leave his crops at home, which were gone once he returned from captivity.

Mr. Witness described a difficult life in the IDP camp. The government did not provide medical facilities/services, and although they were eventually provided by NGO’s, the support was not sufficient; some people were helped, but health issues persisted nonetheless. Additionally, IDP residents were not allowed to roam about at night, with their curfew beginning at 8:00 PM, and lasting until around 7:00-8:00 AM. Mr. Witness made it clear that life in the IDP camp was of low quality, because if one was hungry or sick, there was usually nothing that could be done.

Mr. Witness said that, although UPDF and LDU soldiers were difficult to distinguish from each other because they were working to protect the people, it was not difficult to decipher who the LRA was once he saw them. The attack on the Pajule camp was warned about in 2003, on the evening of October 9th (Ugandan Independence Day). In the evening, Mr. Witness remembered the leaders of the camp warning residents to be vigilant that night, and to not drink recklessly, due to unclear security reasons. Mr. Witness was sleeping when, at dawn of October 10th, 2003, his door was kicked in by LRA rebels. He, along with many others, were abducted and forced to carry firearms for the rebels en route to their next location. All the while, many innocent IDP residents were caught in crossfire, and were injured and killed. Mr. Witness’ wife and child were also abducted, and he later found out that his child had to get his right arm amputated due to a bomb incident during the war.

  The LRA led Mr. Witness and other victims through the bush throughout the day, and they were being followed by a helicopter. Mr. Witness and the other victims were eventually sat down by Vincent Otti, who was well known and feared by many people in Acholiland. Otti made sure to tell the abductees that it was not their intention to kill civilians.

The witness also shared that Ongwen, referred to as “Odomi” during the trial, was the head of a group that requested Mr. Witness’s services for four to five days. This is when Mr. Witness interacted with Ongwen. Mr. Witness took note that Odomi seemed to have an injury in one of his legs or thighs. Mr. Witness also shared that he was not allowed to speak to Odomi unless Odomi requested to speak with him. Although Odomi was limping during this time, Mr. Witness says he did not use a cane or anything else to assist his walking.

The ICC has been livestreaming proceedings at http://player.cdn.tv1.eu/statics/66005/icc.html?loc=CR3 where people can follow live proceedings.

Commissioner Apologizes to Lukodi Massacre Survivors; Promises to Talk to the President

By Nobert Dacan

On May 19, the Lukodi Community in Gulu District carried out the 15^th annual Commemoration of the Lukodi Massacre in 2004. It was attended by more than 1000 people from around the world. During the commemoration, visitors toured the memorial Monument and the Community Memory Center constructed in 2018 by Foundation for Justice and Development Initiatives (FJDI) with support from Robert Bosch Stiftung.

The major talk of the event was forgiveness. The preacher- Rev Peter Ojok argued that, “the sufferings Lukodi went through should shape them in the direction of God,” in his words, “There is a reason for everything that happens. Those who don’t forgive others live in poor health. Forgiveness is the key to personal development,” he said. “You should forgive all those who hurt you if you are to move forward as a community,” he added while referring to the perpetrators of the massacre.

Taking you back to the fateful incident; On May 19, 2004, a group of the Lord’s Resistance Army rebels descended on the Lukodi displaced people's camp after overpowering a nearby military unit and murdered more than sixty people what has since been called the Lukodi Massacre. Dominic Ongwen is being tried for this particularly incident and three other attacks in Odek, Pajule and Abok IDP camps between 2002 and 2004. He has pleaded not guilty to all. In Lukodi the rebels also destroyed property, abducted scores of the IDPs, while others managed to escape with bullet wounds. However, fifteen years after the attack, the victims complain that government has done nothing to help them recover from the traumatic incident.

The representative of victims- Wilfred Lalobo while addressing the congregation said, “We are working hard to improve our livelihoods but still need support from the government because we have not received any support since the incident took place.” He highlighted several challenges the victims are facing and strongly insisted that they need government support. He further mentioned that the victims need help in developing and relocating the memory center to a separate place, establishing a community counseling center to help meet their (victims) psycho-social needs; and in advocating for reparations. In his words he said, “as victims, we want to relocate this community center somewhere else and make it bigger and more informative…we also need a counseling center constructed in the village to help in providing psycho-social support because the level of trauma is still high in this area,” He said.

While responding to these cries, the Resident District Commissioner (RDC) of Gulu district who represented the president of Uganda in the event started by apologizing to the community on behalf of the government. His apology was received by notable hand claps signaling approval by the community. “There has been too much talking, but I want to start by apologizing on behalf of the government for your suffering,” he made this remark before emphasizing forgiveness. He also said, “Prayers is for those alive and for forging the future of the next generation. Avoid conflicting memory and retraumatization. Stop lamenting and having self pity but instead utilize existing resources properly,” he said. The RDC promised to talk to the president saying, “I will talk to the president and give you feedback in the next annual prayer,” he said

In attendance also included the leader of opposition in Uganda’s parliament who doubles as the Gulu district female parliamentarian- Hon. Betty Aol Ochan; and the long time Aswa county parliamentarian Hon. Reagan Okumu. Both senators asked the community to forgive their tormentors and focus on economic development.

Hon. Reagan remarked that, “peace is not only the silence of the gun; you should utilize the existing peace for economic development. It is important to focus towards education and poverty eradication, Let us focus on uplifting the poor of the poorest,” He went on saying, “at this point you should focus on lobbying for war reparations from government.” 

Prosecution makes their opening statement; calls first witness in the trial of Kwoyelo

On Tuesday March 12, the prosecution team in the trial of former LRA colonel Thomas Kwoyelo made their opening statement and called their first witness at the International Crimes Division of Uganda’s High Court [ICD] sitting in Gulu. The same day court swore in four court assessors one of whom will be an alternate because the rules allow only three court assessors at a time. The duty of court assessors is to advice court and to give their opinions on matters arising. 

In their opening statement, the prosecution indicated that the main interest of the prosecution is for the victims to get fair justice and that the accused and his group will be remembered for many brutal killings some of which were carried out using machetes, axes, beating, mutilation etc. The prosecution also alleged that the group [LRA] forced people into IDP camps where their security was not good and lived vulnerably.

Kwoyelo is facing 93 charges of war crimes and crimes against humanity allegedly committed while in the LRA. He has pleaded not guilty to all charges

“The prosecution has about 130 witnesses who will be lined, 360 exhibits, pictures, medical notes, videos, newspaper extracts and other evidences to prove the charged crimes…we shall bring evidence to prove that the accused had intentions by way of common plan beyond reasonable doubt ” prosecution lawyer Florence Akello said.

The defense on the other hand said they would make their opening statements later but had some brief statements to make, 

“Before you is a victim who was not protected; was abducted on his way to school while in Primary Three, indoctrinated, and the government failed to protect him. A kid not liable for crimes alleged,” said Alaka one of the defense lawyers. “We shall demonstrate to this court that the accused did not hold a command position … the prosecution wants to put all the crimes of the LRA on his small shoulders,” he added.

After these submissions, the prosecution called their first witness- an expert witness to support their opening statement. The witness labeled PW1said he is a lawyer and researcher by profession and a senior lecturer at the Institute of International Criminal Justice at Nkumba University in Uganda; with training in Peace and Conflict studies. He also said he served in the Ugandan military force for 24 years before voluntarily retiring in 1999. 

His report was admitted into evidence as PE1 (a) and a summary of the same as PE1 (b) in accordance with the ICD rules of procedure. He went on with his testimony until the third day of proceedings.

Among other things, witness PW1 told the court that his report made four major findings all relating to Human Rights and Humanitarian violations that took place; i.e. there were widespread atrocities all over northern Uganda, he stated that although the conflict ended 10 years ago, its scar still remain to date. “Impacts of war do not end with the war but lives much longer,” he said.

The others findings according to PW1 were that the conflict was well known and characterized extreme brutality on civilians such as mutilation, killings and abductions; the situation presented a large freedom deficit and absence of freedom and that the former residents of IDP camps still continue to experience difficult times such as lack of essential basic needs; there is a dichotomy between traditional and formal justice system within Acholi which he said surfaced in the Juba peace talks which caused a ‘egg and chicken’ debate about what comes first. He summarized his finding on this particular matter by stating that the Acholi traditional system and the formal justice system should not be treated as competitive because both present solutions. He was cross-examined by the defense lawyers on his report and later re-examined in chief

During proceedings the same day, representative of victims Henry Kilama made an oral application to the court in which they requested court to allow him raise some important matters of interest to the victims. The counsel noted that since witness PW1 was testifying on very crucial matters the victims counsel had some issues for him to clarify as regards the context and history of the conflict in northern Uganda; the aim of the LRA rebels and why they targeted civilians. 

“Although aware that it is not the role of victims to establish innocence or guilt of the accused, we want the views of the victims to guide court because it is the backbone of this trial and the duty of victims to assist court establish the truth in regard to the conflict, impacts and not just killings and abductions…,” he said. 

Henry Kilama also told court that he had a text indicating the participation of victims at the ICC and that those best practices should be borrowed and applied locally.

The trial panel discussed with all sides and ruled that, “… it became apparent that the application be made formally because it will enable parties to respond. The application is considered when presented formally,” said one of the trial judges

The next prosecution witness was a protected witness who testified in camera as one of the ways of witness protection

Ten years later, bail or no bail for Thomas Kwoyelo

The bail application hearing of former Lord’s Resistance Army (LRA) Commander Thomas Kwoyelo was on January 18 pushed again to February 4, the same day the prosecution will make their opening statement. Kwoyelo who is facing 93 counts of war crimes and crimes against humanity allegedly committed during the LRA conflict in Northern Uganda applied for bail in October last year after 10 years in prison but the International Crimes Division (ICD) of Uganda’s High court has not yet given it a hearing. Since his arrest from the Democratic Republic of Congo (DRC) by the UPDF in 2008, Kwoyelo has been in detention. Kwoyelo’s trial has dragged on for years, unlike his counterpart Dominic Ongwen who is being tried at the ICC, an aspect that has raised questions on the justice process in Uganda. 

The first and second postponement of Kwoyelo’s bail was on November 6 and October 15, last year respectively. The postponements were for two reasons. One because the defense had not organized their sureties and two because there was a request by victims’ representatives for more time to be able to consult their clients. The same reasons caused the January 18 adjournment.

Regardless of a statement made by one of the presiding judges Michael Elubu in September last year on an expeditious trial, “based on the facts on ground, it may take up to about two to three years for the case to complete,” The constant adjournments in this case also means that the victims of the alleged atrocities have to wait for justice. For Kwoyelo, it means waiting for many more years to determine his fate. 

Victim participation, a concept that is new in Uganda’s Jurisprudence is facing a big challenge in Kwoyelo’s trial. In fact it has been at the center of the constant adjournments. As justice is sought in it is worth noting that although perpetrators are of primary importance in any criminal justice process, it’s very important that victims are held close in the on-going trial because their involvement is the driving force to the debates that take place in court. Primary in any court proceeding, victims serve as witnesses to provide court with evidence needed for judges to make their judgment thus supporting court in administering justice for the crimes committed against them.

The new date for the bail application hearing is 4^th February, the same day the prosecution is expected to make their opening statement.

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.