War victims in northern Uganda still waiting for justice and reparation

Mr Pedersen is the Danish Ambassador to Uganda.

What you need to know:

Holistic intervention. The post-conflict situation in this region requires a comprehensive and holistic intervention by all the relevant stakeholders in ensuring sustainable peace.

The surrender and subsequent handover of Dominic Ongwen to the International Criminal Court (ICC) in January 2015 to answer the charges of crimes that were allegedly committed under his command sparked off new waves of hope among the local communities in northern Uganda. Ongwen is one of the five top commanders of the Lord’s Resistance Army (LRA) indictment by the ICC in 2005.

The Case against Ongwen is focused on war crimes and crimes against humanity allegedly committed during attacks against former Internally Displaced Person’s camps (IDP camps) - Pajule (October 2003), Odek (April 2004), Lukodi (May 2004) and Abok IDP camp (June 2004). Ongwen’s trial re-awakened hope among some of the victims that those most responsible for the crimes will be held accountable for their actions and their (victims) plea for reparation responded to.

However, the above incidents that were investigated by the ICC are only a pinch to the hundreds of atrocities that have not been investigated.

Ongwen’s trial generated high interest among the local communities in following the ICC trial sessions and court processes that is happening in The Hague. To help address this need, the ICC Kampala field office, with support from the Danish Government, is screening Ongwen’s trial in 23 different locations in northern Uganda. This has enabled the local communities to watch the trial proceedings and has kept them informed of the development of the case. During my several visits to northern Uganda, I interacted with different communities and victims who expressed high interest in following the court proceedings to witness the justice processes. Several victims of the LRA expressed need for redress for the injuries suffered. Others, whose family members were murdered, voiced a wish to be compensated for the losses suffered. Some are seeking surgeries to remove bullets or splinters from their bodies, those amputated want artificial limbs fitted, while others need psychosocial support to overcome the effects of this traumatisation.

There are suspicion of injustice and dissatisfaction within some communities particularly towards former LRA commanders, who were granted Amnesty. The concerned victims complained that the former commanders are being taken care of by the government yet their victims are ignored. Some of the former abductees are struggling to find sources of livelihood and some of those who returned to their respective villages have not been accepted back in the communities.

It is, therefore, obvious that the process of rehabilitation and reintegration is far from over. There is need for a more holistic approach in the management of the post conflict situation. This should include access to reparation for the atrocities suffered, rehabilitation and proper reintegration of formally abducted and displaced persons as well as provision of medical, social and psychosocial services for those who need them. In the absence of a proper governmental reparations programme, the critical post conflict needs of the people in northern Uganda will remain unmet and the effect of the war continued to be critically felt.

It is my view that truth telling, reparation and rehabilitation for past abuses as well as guarantees of non-reoccurrence are essential in any post conflict situation. Such efforts can provide some relief to the victims, but also help victims to acknowledge what they have experienced and motivate them to partake in their own uplifting. We acknowledge government efforts towards recovery and development implemented within the northern region such as the Peace Recovery Development Programme (PRDP) and the Northern Uganda Social Action Fund (NUSAF), among others.

However, these recovery and development interventions should not be looked at as part of reparation. Reparation programmes should be specifically designed and responsive to the issues being raised. There are several post-war interventions implemented by NGOs and international agencies and these have promoted resilience and recovery.

The Democratic Governance Facility (DGF), for instance, is supporting some partners to provide medical and psychosocial services to those who were injured during the conflict. However, it is important to note that most of these interventions by NGOs and international agencies are geographically, financially and jurisdictionally limited in scope. Even the Trust Fund for Victims, which was created by the ICC to respond to the harms resulting from the crimes under the jurisdiction of the Court, is limited to harm suffered after 2000 when Uganda ratified the Rome Statute. This implies that many victims of atrocities that were committed before the year 2000 by both the LRA and Uganda Peoples Defence Force (UPDF) have remained unattended to.

Aside from the physical and psychological consequences, there is also a need to comprehensively address issues of accountability for past atrocities. The victims have rights to justice and truth which are internationally acknowledged.
Besides the atrocities committed by the LRA, there have been several allegations of war crimes committed by the UPDF during the peak of the conflict.

It is my hope that the Transitional Justice Policy, which has unfortunately been in draft form for nearly a decade, will provide a good framework within which comprehensive and holistic Transitional Justice (TJ) mechanisms can be implemented. This would not only guide the formal justice processes, but would also provide avenues for open process of truth telling to ensure justice and accountability for the crimes committed and reconciliation in the communities. If the TJ policy is effectively implemented, it would send a clear message of non-acceptance of atrocity crimes on both sides of a conflict and thus have a deterrent effect for future conflicts.

While acknowledging the significance of the International Crimes Division (ICD) of the High Court of Uganda, the slow pace in handling of the case against former LRA commander Thomas Kwoyelo depicts signs of capacity challenges at the ICD. The case of Kwoyelo started in 2010, but has to-date not significantly progressed in prosecution due to human, political and financial constraints. Such delays frustrate people’s confidence in the justice systems.

There is, therefore, urgent need to strengthen the capacity of the ICD court to take on cases that are not being tried by the ICC. I urge for a strong political and financial commitment of the government, including the Judiciary, in the prioritisation of this and other similar cases.
I appreciate the significant involvement of traditional and religious leaders in addressing matters of the victims and the affected communities.

In conclusion, it is clear that northern Uganda is still waiting for justice. The post-conflict situation in this region requires a comprehensive and holistic intervention by all the relevant stakeholders in ensuring sustainable peace, reconciliation, reintegration, rehabilitation and sustainable development.

Mr Pedersen is the Danish Ambassador to Uganda.