Symposium on Dominic Ongwen Case: Perspectives from Ugandan Survivors and Activists on Reparations in the Dominic Ongwen Case

This symposium is organised by Tallawah Justice for Women e.v, a non-profit association which works to connect, empower and amplify the voices of women leaders of survivor and grassroots organisations. Tallawah works in partnership with the University of Nottingham School of Law, Gulu Women Economic Development and Globalisation (GWED-G) and other Ugandan grassroots organisations to amplify the voices of Ugandan women survivor leaders and grassroots activists. 

Introduction

On 28 February 2024, judges of Trial Chamber IX of the International Criminal Court (ICC) issued a long-anticipated reparations decision in the case of Dominic Ongwen, a former commander  of the Ugandan rebel group, the Lord’s Resistance Army (LRA). Ongwen was convicted in February 2021 of 61 counts of war crimes and crimes against humanity including unprecedented numbers of sexual and gender-based crimes committed against civilians in Northern Uganda. The judges’ award of €52,429,000 EUR to an estimated 49,772 victims in the case, is the largest-ever reparations award by the Court and the first time that any judicial body, national or international, has granted reparations to the thousands of victims of the atrocities committed in Northern Uganda. The judges ordered collective community-based reparations focused on rehabilitation and symbolic/satisfaction measures, consisting of collective rehabilitation programmes, as well as a symbolic award of €750 EUR for eligible victims of the crimes. 

The conflict in that region left deep scars on the affected communities. Civilians, in particular women and girls, were targeted by both rebel and government forces who committed grave atrocities including egregious acts of sexual violence. The journey toward reparations has been protracted, with many victims still grappling with enduring physical, mental, and emotional trauma from their experiences. 

The Ongwen decision and the efforts at justice and reparations for those most affected is deeply intricate and complex, largely due to the widespread and severe nature of the atrocities, the diverse needs of survivors, the interaction between national and international accountability processes, and the sluggish advancement in translating transitional justice policy objectives into concrete legislation. 

The reparations decision and ongoing debates on advancing the transitional justice process in Uganda have brought interesting yet complex issues to the fore, not all of which can be resolved within the context of this case alone. In addition to the submissions of the ICC Registry, Legal Representatives of Victims (LRV), the Common Legal Representatives (CLRV), the Trust Fund for Victims (TFV), the Office of the Prosecutor (OTP) and the Defence, the Chamber heard numerous submissions from amici curiae, including several Ugandan non-profit and grassroots organisations, the United Nations and the Government of Uganda. 

Given the significance of the Ongwen reparations decision, this symposium has been organised by Tallawah Justice for Women to present the views and perspectives of a range of primarily Ugandan experts including survivors (lived experience experts), grassroots activists and practitioners who have been working with survivor activists in Uganda. The central issues which will be addressed by the contributors fall under two broad headings, namely: Victim-Centred Reparations and the Challenge of Exclusion, and Localising Justice: Transitional Justice and Long-term Healing:

Victim-Centred Reparations and the Challenge of Exclusion 

Central to any meaningful and sustainable reparations is the imperative to adopt victim-centred approaches that prioritize the voices, agency, and participation of survivors and affected communities. Meaningful engagement with victims throughout the design, implementation, and evaluation of reparations programs is essential to ensuring their effectiveness, relevance, and sustainability over the long term. 

The Ongwen Chamber has embraced and adapted the Principles on Reparation from the case of Bosco Ntaganda. These principles encompass crucial human rights tenets such as ‘do no harm,’ ‘non-discrimination,’ and ‘gender-sensitive and intersectional approaches.’ Given the substantial number of victims in the Ongwen case, these provisions are essential for the effective execution of reparations tailored to the specific context, thereby addressing the needs of eligible individuals. Moreover, considering the significant number of child victims involved, the Chamber has also endorsed a ‘child-centric’ approach to reparations. This approach not only acknowledges the direct or indirect harm experienced by child soldiers and children born of rape but also upholds their entitlement to participate in both the design and implementation stages of the reparations process.

However, the Chamber acknowledged that many victims who have suffered harm as a result of the same conflict but do not qualify as victims of Ongwen and not entitled to reparations, may be ‘confused, frustrated and disappointed’ (para. 51). While recognising these individuals and acknowledging their suffering, the Chamber makes it clear that the reparations decision is not aimed at rectifying all the harm suffered in the conflict. Furthermore, the judges made it clear that the collective community-based reparations is not intended for the entire Northern Uganda community at large. In the context of the decision, the eligible community group refers only to the community of eligible victims in the case (para. 575).

As several contributors explore in their posts, this legal qualification of the limited scope of the reparations order, while consonant with the Court’s legal texts, neatly sidesteps the challenging reality that awarding reparations to a limited group of persons who may live in close proximity to each other and who have suffered the same or even worse harm, could potentially create or exacerbate pre-existing tensions between diverse victim groups. As a legal institution with a specific mandate, the ICC is understandably constrained by its legal instruments and jurisprudence, but managing the implementation of reparations in light of this reality will be a difficult and complicated process, since those who are deemed ineligible for reparations will feel excluded.

Furthermore, the implementation of reparations will likely face numerous challenges, ranging from limited resources and logistical constraints, particularly for those in remote or marginalized communities. Although the TFV has been operational in Uganda for several years with the implementation of its assistance mandate, this reparations decision will present new challenges by virtue of its sheer scale and nuance.  

Localising Justice: Transitional Justice and Long-Term Healing

Reparations are an integral component of broader transitional justice processes aimed at addressing the root causes of conflict, promoting reconciliation, and building sustainable peace. However, the Ongwen case highlights the ongoing debate between localized and internationalized approaches to justice in conflict-affected regions. Localisation refers to the process of prioritizing and empowering local actors, institutions, and mechanisms in the pursuit of justice, accountability, and reconciliation in post-conflict settings. It entails recognizing the agency and expertise of local communities and ensuring that justice processes are contextually relevant, culturally sensitive, and responsive to the needs and priorities of affected populations.

Judges in the Ongwen case acknowledged that the decision is not being issued in a vacuum. They alluded to ongoing transitional justice developments in Uganda, which may impact the reparations process for victims of Ongwen. The recent decision regarding reparations in the Ongwen case cannot be assessed without reference to the developments concerning Uganda’s Transitional Justice Policy which makes provision for reparations and the  resurgence of discussions surrounding a draft transitional justice bill to give legal effect to the provisions of the Policy. It also brings into sharp relief the absence of a national reparations programme, which will be a very relevant issue if the case of Thomas Kwoyelo, an LRA commander being tried before the International Crimes Division of the Ugandan High Court, is convicted. Unlike victims in Ongwen, victims of Kwoyelo have no prospect of reparations due to the absence of a reparations law or national programme in Uganda.

These issues and other perspectives concerning the (in)adequacy and appropriateness of the reparations award; the centrality of victims in the process; the role and responsibility of the Ugandan government in bridging the gap between the Ongwen award and the vast number of excluded victims; and the current and future status of the Trust Fund for Victim’s assistance mandate in light of the reparations award, among others, will be explored by the following contributors:

Joseph Manoba, legal representative for victims in the Ongwen case who shares his perspective on the challenges and rewards of representing victims in the case and the implications of the reparations decision for victims in the case.

Pamela Angwech, grassroots human rights activist and Founder/Executive Director of Gulu Women Economic Development and Globalisation looks at some of the potential challenges of community-based reparations and the importance of a gendered and intersectional consultation and reparations process.

Renata Politi and Alejandra Vicente from Redress, who examine the importance of a survivor-centred approach and inclusive participation in reparations design and implementation.

Lorraine Smith-van Lin, Tallawah Justice for Women, who looks critically at divergent approaches to justice and reparations that have come to the fore in the Ongwen case including child-centred, family-centred and government-led and people centric approaches.

Fatuma Abiya, child born of war, lawyer and human rights activist who shares her personal experience as a survivor, her perspective of the Ongwen decision and its potential implications for this category of victims.

Sylvia Acan, war survivor and Executive Director of Golden Women Vision Uganda, a community-based organisation based in Gulu which works with women and children victims of the LRA war shares her perspective on why it is crucially important to prepare survivors to receive reparations.

Stella Lanam and other women survivors of war share their reaction to the Ongwen reparations decision and why they feel that no one should be excluded.

Margaret Ajok, Transitional Justice Adviser in the Ministry of Justice and Constitutional Affairs, Uganda who addresses the issue of navigating the complexity of reparations in the Ugandan context