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Uganda: Government cannot negotiate away International Criminal Court arrest warrants for LRA

Wed, 20 Feb 2008 12:00:33 +0000

Lord’s Resistance Army (LRA) members charged with crimes under international law must be surrendered to the International Criminal Court (ICC) immediately, Amnesty International said today, reacting to the news that a deal has been reached between the LRA and the Ugandan government whereby LRA leaders accused of crimes against humanity and war crimes would be tried by a national court.

“It is not acceptable for the Ugandan government and the LRA to make a deal that circumvents international law,” said Christopher Keith Hall, Senior Legal Adviser in Amnesty International’s International Justice Project.

“Many of these people have been charged with horrific crimes – and international warrants have been out for their arrest for more than two and a half years. They must be handed over to the ICC so that their guilt or innocence can be determined once and for all. The people of Uganda deserve no less.”

As a party to the Rome Statute of the ICC, Uganda is under the duty to cooperate fully with the ICC in its investigations and prosecutions. In particular, it must cooperate in arresting and surrendering any person charged by the Court, without delay.

Amnesty International noted that the Rome Statute provides that, once the men have been surrendered to the ICC, the Ugandan government may then apply to have the cases returned to Ugandan courts. However, it would be up to the Pre-Trial Chamber of the ICC to decide whether Ugandan courts are able and willing to genuinely investigate and prosecute the LRA suspects named in the warrants.

“At the moment, we have no evidence to suggest that even a new court established in Uganda to deal with these cases would be able and willing to do so in fair proceedings that are not a sham,” said Hall.

Uganda strikes deal with LRA on trials

Wed, 20 Feb 2008 15:31:30 +0000

The Ugandan government has struck a deal with the Lord's Resistance Army (LRA) about where their leaders will be tried. LRA leaders accused of crimes against humanity and war crimes would be tried by a national court under the terms of the deal.

Many of the people have been charged with horrific crimes – and international warrants have been out for their arrest for more than two and a half years.

As a party to the Rome Statute of the ICC, Uganda has the duty to cooperate fully with the International Criminal Court (ICC) in its investigations and prosecutions. In particular, it must cooperate in arresting and surrendering any person charged by the Court, without delay.

Arrest warrants for Joseph Kony and the others who are still alive were issued on 8 July 2005 and Uganda is obliged under international law to arrest and surrender them regardless of any agreement reached in the peace process. They are also obliged to bring to justice all those responsible for crimes under international law in fair trials without the death penalty.

The Rome Statute provides that, once the men have been surrendered to the ICC, the Ugandan government may then apply to have the cases returned to Ugandan courts. However, it would be up to the Pre-Trial Chamber of the ICC to decide whether Ugandan courts are able and willing to genuinely investigate and prosecute the LRA suspects named in the warrants.

Amnesty International has called for LRA members charged with crimes under international law to be surrendered to the International Criminal Court (ICC) immediately.

“It is not acceptable for the Ugandan government and the LRA to make a deal that circumvents international law,” said Christopher Keith Hall, Senior Legal Adviser in Amnesty International’s International Justice Project. “They must be handed over to the ICC so that their guilt or innocence can be determined once and for all. The people of Uganda deserve no less.

“At the moment, we have no evidence to suggest that even a new court established in Uganda to deal with these cases would be able and willing to do so in fair proceedings that are not a sham.”

During approximately 20 years of fighting between the LRA and the Ugandan government, soldiers on both sides have murdered tens of thousands of people and forcibly displaced about two million people.

Ugandan justice system failing survivors of sexual violence

Tue, 11 Dec 2007 12:15:30 +0000

The justice system in Uganda is failing women and girls who have faced sexual violence, and is allowing perpetrators to walk free as it ignores, denies, and tacitly condones violence against women.

Violence against women is endemic in Uganda. The 21-year conflict between the Lord’s Resistance Army and government forces, which ended in 2006, was characterized by sexual and gender-based violence against women and girls. Though the hostilities have ended, the situation remains grim for many women and girls.

Violence including rape, child sexual abuse and physical assault, remains prevalent and is perpetrated by government forces, law enforcement officers, local council leaders, family members.

Many women and girls are afraid to report rape and other forms of violence, not only because of hostility and stigma from their community, but also due to state inaction in ensuring the investigation and punishment of alleged perpetrators through the justice system. They often opt to remain silent.

Those who do report cases of sexual violence find themselves up against obstacles to justice:

Often there are no police officers to report cases to, while there are few police stations. Police presence is nearly non-existent in some areas. Police officers are often reluctant to investigate cases involving soldiers or those of violence within the family, since the law does not recognize marital rape as a criminal offence.
Costs associated with police processes can deter survivors from pursuing a case. Victims are often asked to pay for costs associated with their case such as medical expenses, providing lunch for police during their investigation, or to feed the suspect while he is detained.
Courts are barely adequate and have overwhelming caseloads, meaning that very few cases are successfully concluded.

The Government of Uganda must act now to address failures in the justice system that are preventing women and girls from accessing justice and to make delivery of justice for survivors of sexual violence a priority.

Uganda: Justice system fails victims of sexual violence

Sat, 08 Dec 2007 21:46:44 +0000

Embargo Date: 30 November 2007 00:01 GMT

Amnesty International today accused the criminal justice system in northern Uganda of ignoring, denying and tacitly condoning violence against women and girls, while it protects suspected perpetrators.

The accusation came as the organization issued a new report detailing individual cases of sexual abuse against women and girls in northern Uganda.

"The utter lack of justice faced by women and girls who are the victims of sexual violence requires the immediate attention of the Ugandan government and the international community," said Godfrey Odongo, Amnesty International's researcher in Kampala.

"The vast majority of cases of violence against women are not reported to the police because most victims have lost hope in getting any kind of justice."

Amnesty International researchers visited five districts in northern Uganda -- Gulu, Amuru, Kitgum, Pader and Lira -- and spoke to scores of women, girls and their families about the discrimination they suffered while trying to access justice, and the culture of impunity around cases of rape, domestic violence, assault and other forms of violence against women.

"Violence against women is endemic throughout Uganda," said Odongo. "But violence against women in northern Uganda in particular has been exacerbated by the effects of 21 years of brutal conflict between the Lord's Resistance Army and government forces -- and the situation remains grim, despite the recent cessation of hostilities."

Forms of violence against women and girls reported to Amnesty International researchers include rape, child sexual abuse and physical assault -- perpetrated especially in camps for the internally displaced, where most of the population of northern Uganda still live.

"The horrific violence committed during the many years of conflict in northern Uganda continues to aggravate discrimination against women and girls in the area today," said Odongo. "And adding insult to injury, the justice system operating in northern Uganda is grossly inadequate in ensuring the protection of these women and girls -- almost always allowing the perpetrators to walk free."

Victims told Amnesty International that the range of perpetrators include government forces, law enforcement officers, official authorities, local council leaders, spouses and relatives. Police are reluctant to investigate cases involving soldiers, while the Ugandan law does not recognize marital rape as a criminal offence -- mainly due to the presumption that consent to sexual intercourse is given by the act of marriage.

Inadequacy of police services compound the problem. Often, there are no police officers to report cases to, as police stations are few and far between in northern Uganda. Furthermore, police demand money to investigate cases and arrest and transport suspects. Victims are also often asked to pay costs such as providing lunch for police during the investigation, or to feed the suspect while he is detained.

Background information
The conflict in northern Uganda was characterized by sexual and gender-based violence against women and girls by the LRA and government forces. UNICEF estimates that more than 32,000 children were abducted by the LRA between 1986 and 2002 and used as child combatants and sex slaves. Ugandan government forces also committed mass rapes.

The nature and scale of the crimes resulted in the International Criminal Court (ICC) issuing indictments and arrest warrants against senior LRA commanders for crimes against humanity, including sexual enslavement, rape, mutilation and abduction of girls.

See a full copy of the report Uganda: Doubly traumatized -- lack of access to justice for female victims of sexual and gender-based violence in northern Uganda.

Stop the death penalty: Worldwide abolition now

Mon, 05 Nov 2007 12:40:40 +0000

Three men who escaped the death penalty joined forces in New York to campaign for a global abolition of this irreversible punishment.

Each was sentenced to death for a crime they did not commit - and each shares a brutal experience of living on death row. Together, they lived under the shadow of execution for a combined 54 years.

In Uganda, Mpagi Edward Edmary spent 20 years in prison, 18 of those on death row. He flew 18 hours to continue his fight for abolition at the UN headquarters in New York.

Mr Menda, now 81, travelled from Japan. A fervent campaigner, he is one of only four people in Japan who have ever been found innocent on retrial and therefore released from death row.

Ray Krone, from Pennsylvania, was the 100th prisoner on death row in the US to be released after being found innocent since the death sentence was first reintroduced in 1973.

At a panel session at the UN headquarters, hosted by Amnesty International on October 16, the three men gave their compelling personal accounts. Each one reminded the audience, including UN delegates and journalists, how men and women – who are not guilty of the alleged crime – can be sentenced to death as a result of unfair trials, erroneous decisions and human error.

Mpagi Edward Edmary was accused of murdering a man who was later found to be alive and well. Because a doctor had received a bribe to falsely testify that he had carried out a post-mortem on a body, Mr Mpagi and his brother – who was also implicated (and also innocent) – were sentenced to death.

"Life is terrible on death row in Uganda," recounted Mr Edmary in the UN chamber. "No one was ever given any notice that they would be executed. Each time, we were taken by complete surprise. We lived in complete fear of any unusual activity from the wardens."

Through his family's persistence and determination to clear his name, Mr Edmary was finally granted his freedom by a nine-person presidential committee in 2000, after years of facing each day with the fear that he could be executed.

Sakae Menda was charged with murdering two people. He gave an extraordinary account of how through his own persistence to obtain a retrial he was eventually released. After six retrials and 34 years and 6 months in prison, Mr Menda was acquitted of charges and released in July 1983.

"During my interrogation, investigators were divided into three teams, taking turns to interrogate me," said Mr Menda. "Through coercion, extortion, leading questions and brutal force, they were determined to elicit a confession."

"On March 23, 1950, [the judge] rendered the court's decision sentencing me to death, with a trace of a smile. During my imprisonment, I thought hard about the death penalty," continued Mr Menda. "During this time I saw off many death row inmates to their end. I saw off 56 inmates... and this is only those I remember."

Ray Krone vividly recounted how he was an innocent man on whom a waitress in a bar in Arizona had a crush. The waitress was murdered and he became the prime suspect of the murder case, being found guilty and then ultimately being sentenced to death – all for a crime which he did not commit. Eventually after two trials and then DNA testing that confirmed his innocence, Ray Krone was released from jail.

"What happened to me can happen to anyone," said Ray. "It's not enough to know that you're innocent as I did. Before I knew it I was being sentenced to death for a crime which I did not do."

The three men spoke with calmness, authority and tenacity, appealing to the delegates at the well-attended event to support the call for a UN resolution.

Edward Edmary reaffirmed his opinion about the death penalty after the event: "The death penalty is not a punishment. A punishment is intended to reform. By killing someone you are denying them the chance to reform."

It is time for UN member states to end this form of punishment by taking the first step to call for a global moratorium on executions in November 2007.

Video: Death penalty stories (animated slideshow)

Mon, 10 Dec 2007 16:40:37 +0000

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Animated slideshow of stories about the death penalty around the world narrated by Colin Firth.

Uganda: Former child soldiers excluded in adulthood

Fri, 12 Oct 2007 15:55:27 +0100

By independent journalist Euan Denholm

"I did not kill anyone for the first four days of my captivity and then, on the fifth day, they said I had to prove I wasn't scared, they took me back to my village and ordered me to kill my father. At first, I said no, I can't kill my father, but then they said they'd kill us all and started beating me with a panga [machete]. I took the panga and cut him up. I then saw them do it to my mother. The first night, I was haunted by visions of my father as I tried to sleep. I could only cry silent tears as the rebels could not know that I regretted what I had done. They do it so that you can't go back home."

"Okello John's" brutal initiation into the Lord's Resistance Army (LRA) at the age of fourteen served its purpose; it was two years before he tried to escape, bound to his new "family" through fear and complicity. By abducting their soldiers young, LRA commanders ensure that they have pliant, easily malleable underlings. The LRA leader, a self-styled soothsayer named Joseph Kony, reaps the harvest of those he orphans. During 19 years of struggle, it is estimated that between 20,000 and 25,000 children have been abducted -- 12,000 since 2002.

"A child loses his own identity and sense of values fighting in the bush," says Michael Oruni, who picks up the pieces of the LRA's systematic abuse of children as Project Co-ordinator for World Vision's children and war rehabilitation project.

After several days as a captive, carrying heavy loads, receiving beatings and being forced to kill fellow abductees, a child will begin training. The initiation into the new order will involve a baptism with shea butter oil, which the children are told will allow them to be traced if they try to escape. "In the rebel camp there is a new order, a new system created," says Oruni. There is little in the way of talking, whistles and handclaps form the vocabulary of the bush.

For boys, life will be a soldier's life -- fighting for the next plate of food, for promotion and for survival itself. For girls, it means domestic slavery or ting-ting in their younger years; once they reach puberty or catch a commander's eye, it means fighting and abuse as a sexual "prize".

Oruni believes that child abductees have got younger as the rebels have become increasingly desperate. The conflict intensified in March 2002 when the Ugandan government launched "Operation Iron Fist", driving rebels from training camps in southern Sudan. This resulted in a spate of attacks on the civilian populations of northern Uganda, 1.8 million of whom live in villages that function as Internally-Displaced Persons Camps, nominally protected by government militias.

However, as they are afforded little protection in the camps, thousands of children flock to the hospital corridors and NGO tents of Gulu and other northern towns each evening seeking sanctuary.

Child abuse isn't an unhappy consequence of LRA activity; it is the very driver of its existence. With eight out of ten fighters estimated to be under eighteen, every military blow struck against the organization means more dead abducted children, providing a horrific moral choice for those fighting Uganda's northern war.

The government introduced an Amnesty Act in 2000 offering immunity from prosecution to rebels. It was designed to encourage the return of both abductees and commanders, which proponents say is necessary to end the conflict and which critics attack for failing to bring murderous child abusers to account.

Escape from the LRA doesn't always mean a return to civilian life. For a young boy schooled in the bush, the prospect of life subsisting on World Food Programme rations in a camp is not necessarily enticing. Many prefer taking their chance, and a paycheck, with the Ugandan People's Defence Force (UPDF).

The Ugandan government is committed to ending the recruitment of children under 18 into the army, having signed the Optional Protocol to the Convention on the Rights of the Child and enshrined the ban in the UPDF statute. The question is how widely this is being enforced.

In November 2003, UNICEF found that 120 out of 1200 recruits at the Lugore training centre were likely to be under the age of 18. Save the Children UK secured the release of 29 soldiers in Uganda's Democratic Republic of Congo intervention force in April 2003.

Whilst the army insists they are now taking their responsibilities seriously, the UN-OCHR's regional director Andrew Timpson is less certain, saying UN agencies and NGOs were "well aware that kids are being recruited for the militia and the UPDF who are clearly underage." Like others, he believes the problem is centered in the ranks of the Local Defence Units (LDUs), the government militias that guard the camps, rather than the formalized UPDF.

UNICEF is starting to develop a programme with the army to ensure enforcement of children's rights is more effective. "There have got to be mechanisms within the UPDF to identify children," says UNICEF's Gulu coordinator Michael Copland. "That's the only way we can genuinely deal with the issue of child soldiers here in Uganda. We need to have training linked to internal systems and then external monitoring of those systems."

Yet there is a large group of child abductees who aren't covered -- those who have grown into young adults whilst in captivity. "Theirs is a lost childhood," says Save the Children's Geoffrey Oyat, arguing that the returnees should be forced to break from their abusers, rather than be drafted directly into the UPDF's Unit 105 where they fight in the same conditions, using similar tactics, under ex-LRA commanders. UN-OCHR's Andrew Timpson agrees, saying: "I cannot accept that ex-LRA boys should be going back into a fighting environment. I just think this is wrong... we are failing them."

They both want to see ex-LRA child soldiers properly deprogrammed in rehabilitation centers and returned to their communities, where they can reconnect with their families and a more balanced sense of self.

Twenty-year-old Odong Dennish says that he was on the verge of switching uniforms when he received a letter from his mother. "The UPDF said you should join us because there is nothing to do at home and I was going to join them. Then my mother wrote to me saying I should come home. She said, 'Son, you are still young and you can still study. Why hurry?'", he says grinning. Now at World Vision's rehabilitation centre, Dennish says that he feels he is reconnecting with his mind after years of being denied his right to education.

There is no doubt that life for returning child soldiers can be hard. In addition to the normal hardships of camp life, such as disease, hunger and poverty, there is stigma. Labora farm near Gulu was supposed to be a co-operative farm providing employment to returnees to help them find their feet. Critics claim that children, many of them young mothers, have been coerced into working at Labora where they remain under the command of the returning LRA officers who once abused them.

"This is separation, not reintegration," says Michael Oruni. "These girls have been taken as children; they have been raped and have had children, so they shouldn't be isolated, least of all under coercion."

The fate of returning child mothers is particularly desperate. Rehabilitation specialist Elizabeth Jareg, writing for the Coalition to end the Use of Child Soldiers, says that their plight should not be ignored simply because they are not traditionally seen as "child soldiers". "They are children of the army", she says, "and if their needs aren't addressed further problems will be inflicted upon their children born in captivity."

For UNICEF's Michael Copland returning child mothers are Uganda's "single biggest issue concerning lack of rights."

"I can't think of a higher risk group of children anywhere," he says. "There's no forgiveness for them. There is no social fabric, no social protection."

His words ring true for "Can-Oroma Josephine", 20, who was abducted at the age of 12 and raped by a husband who left her nothing but panga scars and two seven-month-old mouths to feed. "I feel that I've lead a lost life in the LRA," she says. "Once my mum would have been here, but I see that no one can help me. I pray I could die tomorrow."

Note: "Okello John" and "Can-Oroma Josephine" are pseudonyms used to protect the identity of those interviewed.

This article was written by an outside contributor and does not necessarily reflect Amnesty International views. Copyright remains that of the author and has been granted to Amnesty International alone, should you wish to publish this in the media, please contact the amnesty.org team.