By Willy Chowoo
Gulu City
The victims of the Lord’s Resistance Army (LRA) insurgency have welcomed a landmark ruling by the International Crimes Division (ICD) of the High Court of Uganda, which convened at Gulu High Court in Gulu City on December 16, 2024.
“This shall allow us to rebury our relatives still in the former Internally Displaced Persons (IDP) camp,” Lumoi Denis, the chairperson of Pagak War Victims, explains. “Much as the amount for those who suffered bodily injuries is small, overall, the order was good for the war victims,” Aber Nancy notes.
In a historic decision, the court ordered reparations for victims of the atrocities committed during the LRA rebellion, bringing long-awaited relief to thousands affected by decades of conflict in Northern Uganda. The ruling comes after the conclusion of the case Uganda vs. Kwoyelo Thomas alias Latoni, during which victims’ counsel pushed for reparations on behalf of the survivors and families of those killed, injured, or displaced by the insurgency.
In addition to the prison sentence, the court ordered the Ugandan government to pay reparations to the victims of Kwoyelo’s crimes, acknowledging his inability to provide compensation. The reparations include payments of up to 10 million Ugandan shillings per victim who were killed, with additional amounts of sh 3.5 million per household for loss of property, including homes, livestock, and other belongings destroyed during the war.
Court has also ordered government to pay sh4 million for each victim who suffered bodily injuries resulting from the violence, sh5 million for each survivor of sexual and gender-based violence (SGBV), recognizing the severe trauma and stigma faced by victims of such crimes and sh 3 million for exhumation, rituals, and traditional ceremonies necessary to honor the dead and bring spiritual closure to affected families.
Thomas Kwoyelo, a former commander in the Lord’s Resistance Army (LRA), was earlier sentenced to 40 years in prison by the International Crimes Division of Uganda’s High Court in Gulu on October 25, 2024.
Kwoyelo was convicted on 44 counts, including murder, rape, kidnapping, and robbery, for crimes committed during the LRA insurgency between 1992 and 2005.
The court considered mitigating factors in determining his sentence, noting that Kwoyelo was abducted by the LRA at the age of 12 and forced into their ranks. His expressed remorse and perceived low threat to society also influenced the decision to impose a 40-year prison term instead of the death penalty or life imprisonment.
Kwoyelo’s trial marked the first time a high-ranking LRA member was prosecuted within Uganda’s judicial system, setting a significant precedent for addressing war crimes committed during the country’s prolonged conflict.
Victims React to the Court’s Decision
Many victims expressed a mix of relief and cautious optimism following the ruling. Mary Aciro, a survivor of sexual violence during the war, welcomed the decision, saying, “This gives us hope that our suffering has been recognized. The money may not erase what we went through, but it is a start in helping us rebuild our lives.”
Aber Nancy, 41, a resident of Pagak and one of the survivors, says the money allocated for those who suffered bodily injuries is small. “I was expecting something that would cover specialized operations, and I planned to use the balance to buy oxen and family land,” she explains.
Aber and her father-in-law, Obita Mathew, were abducted during the raid at Pagak IDP camp. Later, she was beaten and left for dead. She has been on treatment ever since due to recurring severe pain in her head, chest, and hip from injuries inflicted by the rebels. “My only hope was in this money. I have been stopped from hard work; I can’t dig anymore. But I have school-going children to feed and support,” she says.
Obita Joseph, 60, a resident of Abera village, former official at Pabbo IDP Camp, and now the chairperson of the war victims from Pabbo areas, says they are not discouraged by the appeal. He urges the authorities to ensure that victims are paid within a period of five years. “I am okay with the court ruling, but if this payment can be done annually over five years, that would be best,” he suggests.
Lumoi described the court’s judgment as fair because it allows them to rebury several relatives who are still buried in the former IDP camp at Pagak. “The exhumation of the bodies requires money for transportation,” he explains.
He adds that the victims are unhappy with the court’s silence on their request for the government to compensate landowners whose properties were used to host IDP camps and army detachments. “Landowners are unable to use this land due to fears that explosive devices are still buried there, and the land has become infertile,” he says.
Similarly, representatives of victim advocacy groups in Northern Uganda applauded the court’s decision but called for swift implementation of the reparations to ensure victims benefit without delays.
Relief for Long-Suffering War Victims
Counsel Komakech Henry Kilama, one of the lead lawyers representing the victims, hailed the judgment as a momentous step toward justice and healing for war-affected communities. Kilama emphasized that the decision recognizes the immense suffering endured by communities during the LRA insurgency and sets a precedent for accountability and victim-centered justice in Uganda.
“I think it is a positive step in getting justice and reconciliation through prosecution where people are held accountable”, he adds.
Jacquelyn Okui-the Public Relations Officer .office of the Director of Public Prosecution in a statement maintains that the awards aim to provide a measure of relief to victims who endured unimaginable pain and loss during the LRA’s brutal insurgency. “The awards thereby offer a glimmer of hope to victims who have waited decades for recognition and justice”, she adds.
Okui further notes that 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.” And adds that, “the decision is therefore a milestone for victims of the LRA rebellion, many of whom have waited years for justice”.
A Landmark Step in Post-War Justice
This ruling is particularly significant as it marks one of the most comprehensive reparative judgments in Uganda’s history. It reflects the judiciary’s commitment to addressing the long-term impact of the LRA conflict on victims and their families. For years, war victims have decried the lack of tangible compensation and acknowledgment of their suffering, even as former rebels were reintegrated into society through amnesty programs.
The case of Uganda vs. Thomas Kwoyelo has been closely watched both locally and internationally. Kwoyelo, a former LRA commander, was charged with war crimes and crimes against humanity, including murder, torture, and abductions. His trial has been seen as a critical test for Uganda’s capacity to deliver justice for crimes committed during the conflict.
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,” adds Jacquelyn Okui.
Okui notes that much as the ruling stands as a beacon of hope for those who have suffered in silence for too long, 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 court’s ruling today are the first steps toward healing,” she says.
Komakech Henry Kilama, one of the victims’ counsels, expressed his happiness that, for the first time, the government is being held responsible for paying reparations to war victims. “The court was very kind and accepted our request and ordered the government to pay reparations. This, in our view, is a very good milestone. I am so proud to be part of this historic event,” he said.
On the question of justice and reconciliation in Uganda, Kilama emphasized that prosecution is just one part of the process and believes that a Transitional Justice Policy or law can address the broader issues. “We need this thing yesterday, and we must all be alert,” he added.
The Road Ahead
While the ruling is a major milestone, experts have pointed to the need for follow-up mechanisms to ensure the reparations reach the intended beneficiaries. Advocacy groups are also pushing for additional psychosocial support, counseling services, and community rehabilitation programs to complement the financial reparations.
Odokonyero Joel, a Transitional Justice Specialist with the Centre for Victims of Torture (CVT), says enforcement of reparations can only be effective once there is an enabling legal framework. Odokonyero adds that unless the government expedites the process of implementing the National Transitional Justice Bill, the court ruling might be difficult to enforce. “Government should try to ensure there is a working legal framework; it will make it clear, and the war victims shall not be confused,” he says.
The war victims are also worried about an appeal by the Attorney General against the court order on reparations, which could further delay their quest for justice. This comes after the Attorney General requested leave to file an application of appeal against the ruling, indicating that the law cited for holding the government liable for the reparations needs to be examined further by an appellate court.
The Speaker of Parliament, Among Annet Anita, during the regional parliamentary sitting in Gulu City in August 2024, directed the government to table the National Transitional Justice Bill 2024 within a period of three months. This directive followed a motion by Reverend Father Onen Charles, the Member of Parliament for Laroo-Pece in Gulu City, seeking leave of Parliament to table the Bill.
Lumoi Denis, the chairperson of the war victims from Pagak, urges the government to effect this payment as soon as possible because many people are still living with bomb splinters in their bodies. “Such delays might traumatize them further because they don’t have money to cover the cost of specialized operations. The government must rescue these people from pain,” he says.
Lumoi adds that while the country needs the National Transitional Justice Act, this should not prevent the government from making payments. He cites instances where victims, such as those of the Kitezi and Kampala bombings, were compensated without such a legal framework.
Obita Joseph, the chairperson of the war victims for the Pabbo area, sympathizes with Kwoyelo, who has been imprisoned and cannot afford the reparations due to the large amount. Obita asserts that it was the government’s responsibility to protect people forced into IDP camps, but they failed to do so. “The government should not deviate us from the ruling. They should seek funding from NGOs and development partners so that we are paid while we are still alive,” he says.
As they await the appeal, the victims’ counsel, Komakech, notes that they will use the 360 days given by the court to ensure all eligible victims within the jurisdiction of Lamogi and Pabbo areas are registered to benefit from the reparations. Initially, they submitted a list of 5,400 war victims and have added 103 victims already in court.
Komakech adds, “We shall work with the team recruited to conduct the massive registration of victims. We aim to have this completed by February and March 2025. All the registration must be with the registrar of the court to forward it to the trial panels.”
The landmark decision sets a powerful precedent for transitional justice in Uganda, signaling the country’s resolve to address the lingering scars of war and promote healing among affected communities. It remains a pivotal moment not just for the victims of the LRA insurgency but for Uganda’s broader efforts toward post-conflict reconciliation and justice.
Reparations for Different Categories of Harm
In its judgment, the court awarded financial reparations to victims based on the nature of harm suffered. The breakdown of reparations is as follows:
