KAMPALA- In a landmark decision, the International Crimes Division of Uganda’s High Court has ordered reparations for victims of the Lord’s Resistance Army (LRA) rebellion today, the 16th day of December 2024. This marks a significant moment in the country’s journey toward justice and reconciliation.
The ruling follows the judgment in the case of Uganda vs. Kwoyelo Thomas alias Latoni, after which victims’ Counsel pushed for reparations on behalf of those affected by the atrocities committed during the LRA insurgency. Despite arguments from the Attorney General and the Director of Public Prosecutions—who insisted that reparations should be borne solely by Kwoyelo, the convicted former LRA commander—the court placed the financial responsibility on the State.
The ruling not only provides financial compensation to victims but also raises pressing questions about accountability, the role of the State in Transitional Justice, and the long road toward healing for a nation scarred by decades of conflict.
The case revolved around reparations for atrocities committed during the LRA insurgency, with the victims’ Counsel petitioning the court for compensation on behalf of survivors. They argued that the State, through the Attorney General, should bear responsibility for reparations, given the systemic failures that allowed the atrocities to occur. The proposed measures included compensation, restitution, rehabilitation, and the establishment of a trust fund to address the long-term needs of victims. However, the Attorney General and the Director of Public Prosecutions argued that the burden of reparations should fall solely on Kwoyelo, the convicted former LRA commander.
Citing international and domestic law, the court acknowledged that while the convict is primarily obligated to provide reparations, the State bears ultimate responsibility when such payments are unattainable. The ruling highlighted that mass atrocities, such as those committed during the LRA rebellion, stem from broader failures of the State to protect its citizens.
The court further emphasized the principles of Transitional Justice, which recognize the State’s role in addressing the consequences of systemic violence. The court struck a balance, ruling that while international and domestic law places the primary responsibility for reparations on the offender, the State is ultimately accountable when the convict is unable to fulfil such obligations.
The court awarded financial reparations to victims based on the nature of harm suffered as follows:
a) UGX 10 million for each deceased person.
b) UGX 4 million for each victim of bodily injury.
c) UGX 5 million for each survivor of sexual and gender-based violence.
d) UGX 3.5 million per household for property loss.
e) UGX 3 million for exhumation and other rituals and ceremonies.
These awards aim to provide a measure of relief to victims who endured unimaginable pain and loss during the LRA’s brutal insurgency, which lasted nearly two decades and displaced millions of Ugandans. The awards thereby offer a glimmer of hope to victims who have waited decades for recognition and justice. Many lost loved ones, livelihoods, and dignity during the LRA’s reign of terror, which displaced millions and tore apart the social fabric of northern Uganda.
While the court granted reparations, it declined to establish a Victims’ Trust Fund or mandate annual budgets for reparations, citing the lack of an enabling legal framework.
In addition, applications for exhumation and reburial of those buried in Internally Displaced Persons (IDP) camps will require assessment by the court registrar.
The court further determined that apart from the 103 victims who applied and were granted victim status, applications for further consideration of victim status (additional victims) be submitted to the Registrar within 360 days for assessment, before being finally determined by the Judges of the Court.
In response to the ruling, the Attorney General sought and was granted leave to appeal the decision. The appeal will address what the State considers “novel points of law,” particularly the court’s interpretation of the State’s responsibility to compensate victims when a convict cannot meet such obligations. This appeal introduces uncertainty, as the ruling may be revisited.
The ruling nonetheless represents more than financial compensation; it is a long-overdue acknowledgement of the suffering of the victims and the State’s role in their ordeal. This decision is a critical step in addressing the legacy of the LRA rebellion. It sets a precedent for how Uganda—and other countries—should approach reparations in the aftermath of mass atrocities.
The decision is therefore a milestone for victims of the LRA rebellion, many of whom have waited years for justice. It is a precedent for addressing large-scale human rights violations. For the victims, the ruling represents monetary relief, an acknowledgement of their suffering, and a commitment to justice.
The case of Uganda vs. Kwoyelo Thomas is emblematic of the broader struggle to achieve justice for the countless victims of the LRA rebellion. Balancing legal principles, resource availability, and the need for societal healing is no small task. The absence of a dedicated legal framework for reparations complicates this further.
The ruling stands as a beacon of hope for those who have suffered in silence for too long. However, its actual impact will only be felt when the reparations promised are delivered. This ruling is a beginning, not an end; the wounds of the survivors may be profound, but the recognition and accountability espoused in the ruling of court today are the first steps toward healing. As Uganda grapples with its past, the victims of the LRA rebellion remind us of an undeniable truth: justice, no matter how delayed, remains essential for building a future rooted in dignity, peace, and reconciliation.
The High Court’s distinguished panel of judges—Justice Michael Elubu (Head), Justice Stephen Mubiru, Justice Duncan Gaswaga, and Alternate Judge Justice Andrew Bashaija—presided over the proceedings with exceptional diligence, providing critical insights and guidance throughout the case.
The Director of Public Prosecutions was represented by a formidable team led by Deputy DPP George William Byansi, supported by Assistant DPPs Charles Richard Kaamuli and Florence Akello Owinji, alongside Chief State Attorney Lillian Omara Alum.
Representing the Attorney General’s Office were Senior State Attorney Johnson Natuhwera and State Attorney Ronald Muhwesi, who ably argued the State’s position.
A dedicated legal team, comprising Lead Counsel Robert Mackay, Amooti Jane Magdalene, and Henry Komakech Kilama, advocated for the victims, ensuring their voices were heard throughout the process.
Kwoyelo’s defense was mounted by a highly experienced team, including Senior Counsels Dalton Opwonya, Caleb Alaka, Evans Ochieng, and Borris Geoffrey Anyuru, who worked tirelessly to defend their client.
This collaborative engagement of distinguished legal minds accentuates the gravity and complexity of the case, reflecting the pursuit of justice at an astronomical level.