By Okumu Livingstone
Photos: Okumu Livingstone
UPDF Commander of 501 Brigade Col. Bernard Kashemeza Robainika, has been arrested for mismanaging the Apaa conflict that has seen scores of people killed recently in what is seen as an inter-ethnic clash between Acholi and Madi community but also claiming the lives of other migrant communities from Central, Western and Eastern regions of Uganda.
Apaa is a contested enclave claimed by both Madi and Acholi communities and also the National Forestry Authority and Uganda Wildlife Authority. It is rich in timber products and has since been turned into a commercial charcoal burning hub and timber deals especially by migrant communities from Central, Western and Eastern Uganda alleged to enjoy the support of some security personnel. It has not been free from serious contests and conflicts resulting into killings, arrests, torture, incarcerations, house burning, displacements and various other forms of rights violations.
Several attempts to resolve conflicts in the enclave have so far been futile. In a recent development, UPDF 4 Division Commander, Brig. Michael Kabango has ordered the migrant communities to vacate the enclave.
Meanwhile Alfred Oketayot, a human rights activist in Northern Uganda while addressing Northern Uganda Media Club, at Uganda Human Rights Commission office in Gulu City decried the human rights abuses characterizing the Apaa conflicts. Oketayot says torture, inhumane and degrading treatment of suspects by the police, army and prison personnel linked to the Apaa conflicts have been characteristic.
Oketayot says such violations also occur in other areas of Acholi where there is state interest. “Government agents and institutions distort facts and expand boundaries into community’s land such as in most areas around game parks and reserves, National Forestry Authority, the Aswa Ranch, Acol-pii 5 Division, Labwor-dwong Military Barrack and Lapono, among others,” he claimed.
He cited the case of Apaa, where he claimed a forthnight ago, over 800 grass-thatched huts were set on fire, while overtime since 2011 an estimated 300 people have been killed.
He also accused the community as being part of the violators since they pounce on suspects, beat and undress them. “In all these violations, the perpetrators are yet to be brought to account for their actions,” he said.
Oketayot appealed to Uganda Human Rights Commission and Commissioner General of Prisons to prevail and ensure justice for the victims.
Meanwhile Francis Odongyoo, the Executive Director of Human Rights Focus at the commemoration of International Human Rights day in Pakwelo, Unyama Sub County, Gulu City on December 12, 2023, noted that Gender-based violence and discrimination is slowing the progress of development. “Women rights and control over customary land remains fair only for the married, but leaving out mostly single, separated, and formerly abducted women,” he said.
He noted that the formerly abducted in particular are being denied Parish Development Model (PDM) funds. The PDM funds are the government empowerment funds as part of social security protection to vulnerable people.
Odongyoo appealed to the Uganda government to consider including former abducted Lord’s Resistance Army returnees (Formerly women and their children) for special treatment to access development programmes like the PDM funding.
He further appealed to the Uganda Judiciary to expedite the justice process to ensure justice is done and not delayed.
He particularly appealed to Ugandan President Yoweri Museveni to expedite the resolution of Apaa land crisis and immediately end the banditry activities claiming the lives of the people there.
He appealed that public protests and demonstrations against human rights violations should be allowed since they are constitutionally permissible as a means to express dissatisfaction with human rights violations and abuse.
“Today in our region, demonstrations against any human rights violations and abuse can only be sanctioned by the police yet the police are among top perpetrators of human rights violation in Uganda. They will never sanction any protest and consequently, the perpetrators of human rights violations are free to do so with impunity,” he asserted.
Odongyoo cited a recent case when the Acholi Paramount chief David Onen Acana II was stopped from demonstrating against lack of protection and killing of innocent people in Apaa.
On the right to free, fair and speedy trial (Article 28 (1), he noted that many suspects are subjected to long detention without trial in Acholi. He said many suspects go for plea bargaining when they are not guilty. He cited an example in Gulu Prison where a suspect went for a plea bargain only to find that he has never been accused of anything but remains on remand till now.
He cited another case in Pader where a young man was arrested on suspicion of abducting and killing his cousin brother and subsequently sentenced to 17 years, only for the alleged victim to re-appear, yet the charges have never been revoked.
Jordan Mego-lonyo, the legal officer with African Centre for Treatment and Rehabilitation of Torture Victims (ACTV) appealed to Ugandans to seek their services. He said ACTV has a vision of realising a world free from torture with holistic services including medical treatment, legal services, socio-economic intervention and mental health services.