A panel of four judges at the International Crimes Division of the High Court of Uganda has ordered the government to compensate victims of crimes committed by former Lord's Resistance Army (LRA) colonel Thomas Kwoyelo.
The court has mandated that direct victims of rape or sexual violence receive Shs5 million, while each of the 103 registered victims will be compensated with Shs4 million.
Additionally, Shs3.5 million will be awarded to each affected household in the areas where Kwoyelo’s crimes occurred.
Justice Michael Elubu, leading the panel, stated that the court's decision was based on the principle of ex gratia payments, referencing similar compensation made by the government in cases where lives were lost.
"The court has been guided by ex gratia payments which were made by government in comparable cases where people lost lives," Elubu said.
For the victims, this ruling brings a glimmer of hope after years of suffering. Henry Kilama Komakech, the victims' lawyer, expressed his satisfaction with the ruling, calling it a breakthrough for victims' reparations in Uganda.
"For me and my colleagues, counsel Jane Amooti and Robert Mackay, we are really happy with the decision of this court because for the first time there is going to be victims reparation in the strict sense," Komakech remarked.
The court found that Kwoyelo, who was a former high-ranking member of the LRA, lacked the resources to compensate his victims directly. As a result, the responsibility to provide compensation has fallen to the government.
However, the Attorney General’s legal team expressed dissatisfaction with the ruling and requested permission to appeal.
“I understand counsel for the convict would love of course not to appeal this matter because it has taken away the burden from his client,” said lead counsel Johnson Natuherwa, who questioned the application of the law that found the Attorney General liable for paying reparations.
The court granted the Attorney General’s request to appeal, given that this area of law is relatively new in Uganda's legal system.
The decision to allow an appeal was met with disappointment by some of the victims. Richard Kirom, Chairperson of Victims in Pagak, Amuru District, voiced frustration over the government's continued pursuit of an appeal.
"I am not very happy about what I have heard because of the appeal, why is the government continuing with the appeal?" Kirom said. He also expressed concern that the compensation amounts were insufficient, particularly for those requiring medical treatment and long-term care.
The court's ruling also allows for the registration of new victims, with a 360-day window for additional claims. As the number of victims may increase, the government is also tasked with providing 3 million shillings for the exhumation and reburial of each confirmed victim of Kwoyelo's crimes.
This landmark ruling marks a significant step in Uganda’s legal system, with many hoping that it will set a precedent for future cases involving victims of war crimes and other atrocities.
