Who cares about the ICC’s trial of LRA fighter Dominic Ongwen?
Posted on February 17, 2017 by Oryem Nyeko      
Thousands were killed and hundreds of thousands displaced in the
conflict with the Lord’s Resistance Army. So why aren’t more Ugandans
following the first public trial on the matter?

Watching proceedings in Gulu. Credit: Oryem Nyeko.

Given that it is the first public trial for crimes committed in the
two-decade war between the Lord’s Resistance Army (LRA) and Ugandan
army, the case against Dominic Ongwen at the International Criminal
Court (ICC) should, theoretically, be at the forefront of most
Ugandans’ minds.

But what should be an opportunity for a national conversation on
justice and accountability appears to be limited to a select group of
people. Even in much of the north, the region from which thousands of
people were killed and hundreds of thousands displaced in the
conflict, few Ugandans seem to be following proceedings.

[“You belong to Joseph Kony”: How Dominic Ongwen and others became
child soldiers]

This is partly because of the practical realities of holding the trial
thousands of miles away in The Hague rather than in Uganda. But it is
also a result of the well-intended, but flawed, approach to outreach
by the ICC.

“Affected communities”

The ICC’s outreach strategy for this case has been clear: to engage
with the communities tied to the case as much as possible.
Accordingly, screenings of the proceedings have been held in the four
locations in northern Uganda that Ongwen is alleged to have led
attacks as a senior LRA commander in 2004: Pajule; Odek; Lukodi, in
the Acholi region; and Abok, where most identify as Langi.

The focus on these four areas is deliberate. These are the communities
that would appear to have the most vested interests in the case, being
home to the victims of the mass murders, abductions and looting for
which Ongwen is accused of being responsible.

Additionally, because of the possibility of compensation for victims
at the conclusion of the trial, the court has worked extra hard in
these areas to calm expectations about the ICC’s reparations
programme.

However, Ongwen and the LRA’s infamy are not limited to attacks on
four camps in 2004. Nor were victims of the violence exclusive to the
Acholi speaking regions of Uganda. It therefore comes as a surprise
that the ICC’s focus has been largely limited to these places, and
that it has seemingly been geared to accommodate only Acholi speakers;
Acholi is the sole Ugandan language into which the official live
streams of the proceedings are being translated.

Should an outreach strategy only focus on the “affected communities”,
especially where the scope and impact of the alleged crimes are far
more wide reaching than those geographical areas?

If the interests of the communities are to be a deciding factor at
least, then the answer is no. In research with these groups in 2015,
we found that many people were concerned with the “othering” that
comes with being labelled a victim community in a case such as this.
This is particularly true where reparations – something the bulk of
victims of both state-led and LRA atrocities have not received – are a
distinct possibility for that population.

People in Lukodi, for example, were eager to emphasise the need for
dialogue with Ongwen’s own community to facilitate a level of
understanding. This would, in their view, negate the status that comes
with being an “affected community”.

Another notable aspect of the ICC’s approach in northern Uganda is its
use of local NGOs as conduits to the communities it wants to reach. It
is not unusual for the staff of local NGOs to facilitate ICC-funded
events and act as a friendly face for the court. Partnership is, of
course, an important part of civil society work and a useful tool that
the court can use to gain the trust and familiarity of people in the
area.

But the result here is that – unlike in Kenya where civil society was
noted for its vibrant role in the investigation and prosecution of
perpetrators of the 2007-08 election violence – northern Uganda’s
civil society suffers from having to balance providing critical input
with effectively being an extension of the same court.

Legacy of the war

It should be noted that, previously, official screenings of the trial
have also been held in the town of Gulu in the north and in Ongwen’s
village of Coorom. The screenings in Gulu, however, proved to be a
challenge given the very inconsistent internet and electricity.
Understandably then, the ICC only held screenings here in the trial’s
early stages, leaving those interested in following the rest of it to
watch it online or simply not at all, since the hearings were not
broadcast on radio or television.

It’s not surprising, therefore, that when speaking to boda boda riders
– the local repositories of current affairs in Gulu – about what is
happening with Ongwen at the ICC, many have more questions than
answers.

It has been around a decade since the war ended and, since then,
northern Uganda, once defined by conflict, has had its identity
change. Even so, the legacy of the war remains a major part of the
region and very few of its residents are young enough not to remember
it or its impact.

It is of course possible that the Ongwen trial would never have been
at the forefront of everyone’s minds, but its inaccessibility to most
people, and the choices the court has made in reaching out to them,
has certainly had a bearing on how relevant it is.

Oryem Nyeko works with the Justice and Reconciliation Project in Gulu,
Uganda. He can be found at @oryembley.
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