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Annex II

Human Rights Watch letter to Minister of Defence Dr. Crispus Kiyonga, July 23, 2007

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Hon. Dr. Crispus Kiyonga
Minister of Defence
P.O. Box 132
Bombo, Uganda

Sent via facsimile and email

July 23, 2007

Dear Dr. Kiyonga,

As you may know, Human Rights Watch is a non-governmental organization that monitors and reports on human rights abuses in more than 70 countries around the world. I am writing to you in advance of the publication of a report by Human Rights Watch to bring to your attention various areas of concern relating to human rights violations allegedly committed by soldiers of the Uganda Peoples’ Defence Forces (UPDF) during disarmament operations in the Karamoja region.

We would be grateful for information on action the government has taken or is planning to take to ensure that reports of human rights violations are independently and impartially investigated, on the results of investigations, on steps to bring soldiers and any other persons alleged to be responsible for human rights violations promptly to justice, and on measures to ensure that respect for human rights is built into operational procedures during disarmament operations. In addition, we would welcome the government’s clarification of various legal issues that are laid out towards the end of this letter. It is our hope that we can take the government’s response and information into account in our report, and in order to ensure this we would welcome a reply by Monday, August 6.

In January and February 2007, a small team of Human Rights Watch researchers visited Uganda to investigate the situation of human rights in the north and northeast. We had the opportunity to meet with some government officials as well as members of the public and civil society organizations. The team visited Kaabong and Moroto, as well as traveling to other parts of the country. On behalf of my colleagues, I would like to express our gratitude for our useful conversations with UPDF spokespersons and with other government officials.

During the course of our visit to Uganda we paid particular attention to the situation in the northeast. We recognize that this is and has been for many years a troubled part of the country where complex factors interact to create a major security challenge for the civilian population in Karamoja itself and in neighboring areas. We note that large numbers of people have lost their lives in inter-communal clashes, that cattle raiding is a significant problem, and that banditry and other forms of criminality have a major impact. Improving security, including by removing unlawful weapons, is clearly a legitimate state goal.

Human Rights Watch’s concern arises from reports of human rights violations committed during the context of disarmament, in particular during “cordon and search” operations. We are also concerned by reports of other violations in the context of clashes between UPDF soldiers and armed members of Karamojong communities, which have led to loss of both civilian and military life. In addition, although a number of investigations have been announced into the conduct of disarmament operations, we note that to the best of our knowledge none of these have yet been made public.

Specifically, Human Rights Watch researchers collected the accounts of eyewitnesses to nine cordon and search operations, and received reports of human rights violations in the context of many other such operations. During the course of these nine operations, our team found evidence of apparently unlawful killings, torture and other cruel, inhuman, or degrading treatment, arbitrary detention in military facilities, and theft and destruction of property.

While improving the security situation in the northeast is an understandable priority, we believe that for this to be achieved most effectively the authorities should ensure that disarmament policies comply with Uganda’s human rights obligations under national and international law. This should include holding members of security forces accountable for human rights violations, whatever their rank.

Key Human Rights Violations Identified by Human Rights Watch

  • UPDF soldiers are alleged to have shot and killed eight people, including one woman and three children or youths during an operation in Kalodeke ward, Lokolia parish, Kaabong subcounty, Kaabong district on December 7, 2006. Two children were also wounded during this operation. During an incident in Nakot ward, Lobongia parish, Kaabong subcounty, Kaabong district on December 10, 2006 in which a man shot on UPDF soldiers and was killed by return fire, soldiers also allegedly shot an unarmed man trying to flee the scene.  One youth was shot and wounded as he ran away from an operation in Irosa village, Losogolo parish, Kaabong subcounty, Kaabong district on January 1, 2007.

  • Our researchers have uncovered a disturbing pattern of beatings during cordon and search operations; often these beatings were directed at uncovering the location of weapons. In Moroto district, eyewitnesses to three cordon and search operations described an almost identical pattern of mass beatings by soldiers of men. In each incident men were first rounded up outside of their homesteads, and then subjected to collective beatings with sticks, whips, guns, and tree branches accompanied by soldiers’ demands that they “get the gun.” These operations took place in Longalom village, Lokopo subcounty in September 2006; Lorikitae parish, Lokopo subcounty on January 17, 2007; and Loputuk and Lotirir parishes, Nadunget subcounty on January 26, 2007.

  • Following all nine cordon and search operations about which Human Rights Watch collected witness accounts, UPDF soldiers detained men in military facilities, including Kaabong and Matany barracks. In Kaabong district, men were detained after operations in Komuria ward in Kaabong Town Council in September 2006; Kalodeke ward, Lokolia parish, Kaabong subcounty on December 7, 2006; Nakot ward, Lobongia parish, Kaabong subcounty on December 10, 2006; and Irosa village, Losogolo parish, Kaabong subcounty on January 1, 2007. In Moroto district, detentions followed operations in Longalom village, Lokopo subcounty in September 2006; Lomuria village, Nakwamuru parish, Lopei subcounty in September 2006; Loparpar village, Nakwamuru parish, Lopei subcounty on January 6, 2007; Lorikitae parish, Lokopo subcounty on January 17, 2007; and Loputuk and Lotirir parishes, Nadunget subcounty on January 26, 2007.  Some men interviewed by Human Rights were detained without access to family members for two weeks. Former detainees reported to Human Rights Watch that military authorities subjected them to beatings and violent interrogations, along with deprivation of food, water, and adequate shelter.

  • In some situations soldiers conducting cordon and search operations are reported to have destroyed property and committed theft. During one cordon and search operation in Nakot ward, Lobongia parish, Kaabong subcounty in Kaabong district on December 10, 2006, soldiers drove an armored personnel carrier through a homestead, crushing six homes and narrowly missing a crowd of people.

  • At least four violent confrontations between UPDF soldiers and armed members of Karamojong communities involving loss of civilian and military life occurred between October 2006 and February 2007. These incidents took place in and around Lopuyo village, Rengen subcounty, Kotido district and the Morungole hills area of Kaabong district in late October and November 2006; Lotome subcounty, Moroto district beginning on January 19, 2007; and in Kotido subcounty, Kotido district in mid-February 2007.An investigation by the UN reported that the UPDF was allegedly responsible for human rights violations including extrajudicial, summary, and arbitrary executions in connection with the clashes in Lopuyo village, Rengen subcounty, Kotido district in late October 2006.

    We understand from UPDF spokespersons that cordon and search operations are carried out pursuant to military orders for the purpose of seizing weapons, rather than for prosecuting firearms offenses. We would be grateful for information on the basis under Ugandan law for the use of the military to search private homes, and to arrest persons and detain them in military facilities. Further, we would be grateful for your guidance on what protections against arbitrary searches, arrests, and detention are available under national law to civilians subject to military operations. 

    Specifically, we seek your response to the following questions:

    1.  What national law authorizes UPDF personnel to carry out searches, arrests, and detentions of civilians?

    2.  What national laws ensure protection against arbitrary searches, arrests, and detentions to civilians subject to military operations? Does the UPDF consider itself to be bound by the procedures under Ugandan law regulating searches, arrest, and detention in the context of civil law enforcement operations? 

    We look forward to your response. We hope that you are able to provide a response byMonday, August 6(Fax: +12127361300) which would enable us to take the response into account in our published report.

    Yours sincerely,

     

    Georgette Gagnon
    Deputy Director, Africa Division
    Human Rights Watch

    cc: Hon. Sam K. Kutesa, Minister of Foreign Affairs