Victims of the northern Uganda conflict still need the Amnesty Act.

By Penny Mbabazi Atuhaire

Associate Researcher at the Foundation for Human Rights Initiative (FHRI)

For the last couple of weeks, I have been thinking about writing a piece on the current state of the Amnesty Act, 2000 of Uganda. As I mulled over the issue while following the unfolding events on this piece of legislation, I found too many things confusing.

On the 19^th March 2014, the Principle State Attorney Ms. Patricia Mutesi issued a statement asking the Supreme Court to declare the Amnesty Act unconstitutional arguing that it interferes with the independence of the Directorate of Public Prosecutions (DPP), promotes rebellion and that in many aspects it violates the basic principles of international law.

This is in reference to the case of Mr. Thomas Kwoyelo, a former Lord Resistance Army (LRA) commander who was abducted and conscripted into the LRA force at the age of 13. Kwoyelo still remains in Luzira prison, a place that has literally become his home even when the courts of law have on many occasions ruled that he qualified for amnesty.

Just two weeks after this pronouncement, the Minister of State for Disaster Preparedness and Refugees Mr. Musa Ecweru joined thousands of other people in Ateuso village, Morungatuny sub-county in Amuria districts to celebrate the return and reunion of George William Ecodu who was abducted by the LRA rebels on June 26, 2003. Ecodu was reunited with his family and village mates on Friday 28^th March 2014 after spending 11 years in captivity.

While at this function, the minister made a public apology to all children who have been victims of the LRA insurgency. He said: "I want on the onset to apologize from the bottom of my heart in my capacity as one of the leaders from Teso region for not adequately protecting our children in 2003 when they were abducted in big numbers by LRA rebels,”. The minister added: “I strongly owe those children still in captivity my sincere apology for our failure to protect them, leading to their loss of innocence and enslavement while they were still children who deserved our protection.”

Much as these words come in with a soothing effect with a great sense of hope for victims, I find the two statements from both government officials who I believe work towards a common goal with similar objectives rather uncoordinated and thus my confusion! One of  the main reasons why the Amnesty Act was enacted 14 years ago and its subsequent extensions was to grant amnesty, pardon and forgiveness to all those who were fighting the government of Uganda since 1986. Many people regarded Amnesty as a means to persuade those who were responsible for the abductions and killings to come out of the bush in order to save ‘their’ people.

Indeed, over the years, the Amnesty Act has been a critical tool in helping to convince LRA fighters and abductees to abandon rebellion and return home. There is no doubt whatsoever that the grant of Amnesty has been one of the strongest weapons the government has used to weaken the LRA. We have seen so many captives abandon rebellion, surrender and report to the Amnesty Commission. They still continue to do so up to the present day.

A quick chat with an official from the Amnesty Commission Mr. Nathan Twinomugisha, who is also a Chief Legal Adviser, recently confirmed to me that since 2001 to October 2013, 26,390 reporters have been granted amnesty. Of these ex-combatants, 5,974 are females and those bellow the ages of 18 are 6,875 representing 26 percent. This excludes about 20 reporters who have reported to the Commission since the beginning of this year. These figures plus other research findings by the Foundation for Human Rights Initiative (FHRI) on the views of victims on Amnesty law show that there is an overwhelming evidence to prove that the Amnesty Act was and is still relevant and practical. It is one of the key tools that can be used to continue rebuilding communities that were destroyed by the conflict.   

Kwoyelo still remains in prison on uncertain grounds and so many other innocent children who can easily relate to his predicaments are still in the bush serving the spiteful ambitions of Joseph Kony, the LRA leader. Asking the Supreme Court to revoke the Amnesty Act at a time when the LRA still thrives on the unfortunate children who were conscripted into fighting a war they did not understand, gives credence to the view that the government used the amnesty law as a tactical  device to gain an upper hand in the conflict rather than using it as a genuine desire towards ending the conflict and rebuilding the affected communities.