Read our report on Ongwen

In our report, we examine the case history of Dominic Ongwen: an indicted war criminal and former child soldier. Abducted by the Lord's Resistance Army (LRA) when he was around 10 years old, Ongwen's moral development and choices must be contextualized within the rebel group's organizational structure, norms and beliefs. Ongwen's actions may have been his own, but they are necessarily conditioned by his past experience as a victim. This is not to exonerate Ongwen. We have no reason to doubt the allegations against him. Our point is to complicate his status, urging current justice pursuits in Uganda to do likewise. We argue a legal approach is limited in this regard, and that the ICC may have been incorrect in identifying Ongwen as one of the 'most responsible' given his ambiguous political status.

Read our report on www.justiceandreconciliation.com

Thursday, July 24, 2008

Sierra Leone and Girl Soldiers: Growing up in the RUF

I have begun to reflect on the subject beyond Ongwen, identifying a whole range of persons that have grown up inside rebel groups - what chance of reintegration? are the usual reintegration mechanisms (DDRR) of assistance packages and some rehab useful? Consider the following excerpt from Miriam Denov's piece in Security Dialogue ('Wartime Sexual Violence', 2006: 37) where she presents findings of interviews with three girls, I extract those passages relevant to one girl who fits the complex political perpetrator case here:

"Kadiatu reported being abducted by the RUF at a very early age (possibly age 4) and remembers nothing of her biological family. Raised within the ranks of the RUF by a commander and his wife, the RUF had been the only family she had ever known:

I grew up with the RUF and all I knew was the RUF. . . . As a very young girl, I helped with domestic work. . . . Later on, I was recruited to go into combat and became very involved in fighting. I was about ten years old when I became part of the fighting forces. The RUF believed that once a girl had attained puberty and started having sex, she was physically mature enough to become a soldier. After I was raped, I was recruited into the forces.

....In the aftermath of conflict, with no family or community ties outside of the RUF, Kadiatu’s sense of insecurity remained and, in some ways, heightened. Highly conscious of the ongoing risk of sexual violence should she return to live with her RUF ‘family’, she felt she had no choice but to live on the streets of Freetown (pp. 334-35).

....Kadiatu was able to benefit from DDR, particularly education and skills training. However, according to the girls, not only did DDR programming neglect to specifically address the after-effects of the sexual violence they experienced, it in fact appeared to perpetuate the problem. Kadiatu’s experiences show that DDR camps can be perilous and insecure places for girls, where overcrowding and the weak application of the rule of law often expose girls to ongoing sexual violence and insecurity:

The [DDR] camp became chaotic and disorganized . . . there was no order. . . . The [camp]officers who were on night duty couldn’t control the boys [ex- combatants]. The boys were coming over to [the girls] and harassing us for sex. I never felt safe. The reality of sexual violence impelled Kadiatu to leave the DDR programme,even if the alternative meant living on the streets of Freetown.

In regards to the [Truth Commission] and the [Special Court], the three girls expressed their apprehension with both processes. In the case of the SLTRC, none of the girls felt that the commission would be beneficial or empowering to them personally, nor were they willing to testify at the proceedings:

Would I go to the TRC? No! It doesn’t mean anything to me and won’t benefit me. . . . I certainly wouldn’t provide a statement. I don’t want people to know I was with the rebels. (Maria)

.... In particular, the girls expressed great concern that they would be prosecuted by the [Court] as a result of their former affiliation with the RUF. Instead of the Court providing a sense of protection or empowerment, girls felt a sense of apprehension and fear:

I fear the Special Court. The DDR programmers took our pictures and put them in the computer and we were given a card. I’m fearful that the government will take all the names in the computer and say: ‘let’s get rid of them all’. I’m afraid that they will put us in prison..."

The article continues to describe the social, economic and community marginalization of the girls, viewed as impure, dirty and guilty. There is no discussion of culpability while in the RUF, but its an interesting piece on the limbo these girls are currently in.

Well, I will continue to think through these issues, but wanted to share this with you for now.

Saturday, July 12, 2008

Comment on our Report!

Read our report, Complicating Victims and Perpetrators in Uganda: On Dominic Ongwen, and leave your views here...

This week: Comments by Helena Cobban, a Ugandan Expert, a legal expert....read them! add your own!

Friday, July 11, 2008

Ishmael Beah

Ishmael Beah is a former Sierra Leonean child soldier who wrote the story of his experiences in the best selling memoir, A Long Way Gone. Reflecting on comments made to him during his speaking tour in the US, he remarks:

“A lot of people [who hear my story]...tend to think that ‘oh they can do that, we can’t do that.’ It is a part of human nature, if your in that circumstance, you would act that way as well….Everyone is capable of going beyond their own humanity.’

Ishmael is now a poster child of child rights activists, a symbol of hope. If child soldiers symbolize one of the greatest victims of today’s armed conflicts, then Ishmael – an educated, empowered advocate – represents hope they can be rehabilitated and contribute productively to peace. Ishmael was rescued when he was 16 by UNICEF, spent time ‘deprogramming’ in a UN rehabilitation centre for child soldiers and eventually, made his way to the US where he has become a celebrated survivor. No international human rights advocate, no UNICEF official, no World Vision campaign talks about what happens to child soldiers when they are not rescued and more so, when they grow up to become that which they condemn.

Ishmael and Dominic Ongwen are the same age, more or less. If Dominic had been rescued and Ishmael not, who might be our hero, and who the war criminal?

Monday, July 7, 2008

No escape from justice

Monitor Online

Ex - LRA commanders escape from safe house

Posted in: News
By Grace Matsiko
Jul 7, 2008 - 12:28:07 AM

Kampala

Seven former commanders of the Lord’s Resistance Army, who defected from Joseph Kony’s hideout in Garamba last year, yesterday escaped from a safe house in Kiwatule, a city suburb.

After breaking off from the UPDF guards, the ex-commanders led by Lt. Col. Opio Makasi walked to the Chieftaincy of Military Intelligence (CMI) headquarters on Kitante Road to lodge complaints regarding their living conditions and stay in a safe house.

Col. Makasi was LRA’s director of operations before he handed himself over to the UN in October last year, after Kony executed his deputy, Vincent Otti, the same month.

The others commanders who escaped from the house were Capt. Sunday Otto, the former head of Kony’s security detail, Capt. Vincent Okema, Capt. Richard Odong Kau, Capt. Alex Ojok, Lt. George Okello and Lt. Sunday Kidega.

But acting Army and Defence spokesman, Capt. Chris Magezi denied the former rebels escaped or were living in a safe house.
“Makasi and others have been living in a house rented for them. They live very well. The thing with prominent LRA defectors is that they continue to live in close contact with us purely for their own security,” Capt. Magezi said.

“The other defectors like Sam Kolo, Banya, Onen Kamdulu, have been in the barracks. Whereas there is willingness from the community to welcome them, there are others who may harm them,” he added.
He said some of the complaints the group had “were administrative and they are going to be handled now that we know them.” But Capt. Otto said for seven months they have been kept in the safe house by the army.

“We are not allowed to touch the gate, we are not free, we cannot see our families, we cannot see outside the gate, is that Amnesty?” Capt. Otto, a beneficiary of the Amnesty complained on telephone minutes after the escape. “We are heading to Kitante to ask the office, why we are not free yet we have amnesty papers,” he added.

The former commanders reportedly took advantage of laxed security at the safe house to break loose from the guards at around 7.15a,.m. One of the guards saw them sneak through a back door and he alerted his commander, who threatened to shoot them.

Otto said they defied the commander who had called 10 other guards to force them on gunpoint into the house. When they reached a bus stop, the ex-rebels wanted to force their way into a taxi but the soldiers ordered the driver not take them.

He said as they approached Ntinda trading centre, a van was brought from CMI headquarters and it took them to their offices.
Otto claimed they have not been given financial packages like the defectors who came before them but Capt Magezi said the ex-rebels were paid.

Surrendering LRA commanders have been given a monthly stipend as they wait for integration into civilian life. Kolo and Banya, a spokesman and senior commander in LRA, each get Shs600,000, an equivalent of a monthly pay for a UPDF Major.

The ex-commanders were part of a group that escaped from the jungles of Garamba in the DR Congo on November 7, following a split between Kony and his deputy, Otti. Otto, Kau, Okema and Makasi had reportedly been identified for arrest by Kony.

Information about their imminent arrest leaked and they escaped from Kony’s hideout before they could be taken in. They handed themselves over to the UN force, Monuc, which facilitated their repatriation home on December 1 through Kinshasa.

Kamdulu, former child soldier / rebel boss turns to Crime

Ex-Rebels Return to Crime

Pardoned former LRA members, who allegedly hid their weapons from the authorities, are being blamed for a series of gun crimes across northern Uganda.

By Caroline Ayugi in Gulu (AR No. 146, 5-Dec-07)

Some of thousands of Lord’s Resistance Army, LRA, fighters lured out of the bush in northern Uganda by the offer of an official amnesty are returning to violence.

Officials here believe that former fighters - armed with weapons they had hidden before surrendering to officials - are responsible for the rising number of violent crimes, despite their professed commitment to peace.

"Since the amnesty law came into action, over 30,000 LRA fighters have returned home,” said Walter Ochora, Gulu’s resident district commissioner.

“There are a few who came back with weapons and returned them, but many others are still hiding their guns. I appeal to anyone who is still hiding his gun to bring it to us, if not then we shall harshly deal with that person.”

Uganda’s amnesty law, introduced eight years ago, requires that a returning rebel fighter surrender to recognised local officials, renounce the LRA’s war and give up any weapons.

In some cases, however, the weapons provisions may not be strictly enforced.

An elder in Gulu, who spoke to IWPR on condition of anonymity, said that if the weapon requirements are considered lightly, it presents a danger.

"These people are given amnesty and made to give [up] their guns [voluntarily], but this practice requires an inexpressible level of trust,” said the elder. “It is therefore not wise for the government to think that every person who renounces rebellion can be fully trusted."

The recent cases of armed robbery involving ex-rebels who were granted amnesty are a clear indication that some of the former fighters kept weapons and intended to use them for criminal activity, local officials believe.

The cases have emerged as a delegation representing the LRA has toured northern Uganda to meet with various communities that have suffered extensively from rebel attacks. The so-called consultations have been criticised as insensitive and inappropriate, but are part of on-going peace talks about to resume in Juba, South Sudan.

During the past 20 years, an estimated 35,000 children have been kidnapped, nearly 100,000 have died from either war or war-related causes, and some two million have been placed in refugee camps.

The most notorious recent case of ex-rebels returning to crime came to light on October 22 when police in Apac arrested the former LRA operations director, Onen Kamdulu, and former ranking rebel commander, Major Thomas Opiyo, and charged them with aggravated robbery.

Four other former junior LRA commanders, Justin Odongo, Joseph Okot, and Bitek Okot and Patrick Ayella, were also detained in connection with the incident.

The suspects were arrested with three semi-automatic rifles along with 146 bullets and a loaded pistol. The weapons were allegedly used to rob local fish sellers in Apac near the northern town of Lira.

The suspects are in Gulu Central Prison until their trial in March next year.

The government last year granted Kamdulu’s request to keep a pistol, which he claimed he needed for his personal security, a move that was met with strong public criticism.

Samuel Oduny, a soldier in the Ugandan army, said that following the Apac incident, the government should review the way it handles former LRA fighters who have been given amnesty.

"Kamdulu's actions have greatly abused the amnesty offer given to him by the government,” said Oduny. “Why should the government entrust him with a gun after he committed many atrocities while in the bush?

"A person given a gun should be one of high integrity. For many years, Kamdulu knew nothing but using guns the wrong way on innocent civilians."

In addition to the Apac case, two armed robbers in Gulu recently attacked residents at Pece Lukung, which sparked a gun battle. The robbers were not arrested, but the incident only further deepened fears among displaced people about their safety once they leave refugees camps and return to their villages.

Celementina Akoko, a refugee from Atiak, said the current amnesty programme gives too much to the former rebels at the expense of their victims.

"These ex-rebels are being given money every month, yet we the victims are dying in abject poverty. The fact that they still rob with guns means they will continue killing us," lamented Akoko.

According to the amnesty law, anyone who renounces rebellion is given an amnesty certificate, an amount of cash dependent on the former rebel's rank, and a home kit consisting of a mattress, cooking pots and garden tools.

Akoko said the package should have made the former rebels grateful.

"How much do these rebels want from us?” asked Akoko. “I am unable to fend for myself because of bodily harm they inflicted on me, yet they want me to forgive them. But how many times should I continue forgiving someone who intentionally hurts me?"

A psychiatrist at in Gulu, who works with former rebels and did not want to be identified, told IWPR that anyone who has been part of ruthless militia for many years must undergo rehabilitation before being integrated into the community.

"Most of these LRA fighters are hosted in expensive hotels on [their] return, instead of rehabilitation centres,” said the psychiatrist.

"These rebels killed many people, depended on robbing and you don't expect them to abandon their acts by granting them amnesty only, without treating them.”

Margaret Odong, an official at Koch Goma in Amuru district, believes that the government should open counseling centres in the north so that the rebel cases of trauma can be treated.

"There are many people who are traumatised, mostly people who returned from the bush,” said Odong. She cited a growing problem of drug and alcohol abuse, increased cases of suicide and suicide attempts, as well as armed robbery.

Caroline Ayugi is an IWPR journalist in Uganda.