Annex IIIResponse from Ministry of Defence/UPDF spokesperson’s office to Human Rights Watch letter, received on September 4, 2007
RESPONSE TO HUMAN RIGHTS WATCH QUERIES
BACK GROUND The involvement of the UPDF in the disarmament exercise was sanctioned by the parliament of the Republic of Uganda, in a motion under Rule 42 of the rules of Procedure on the 15th March 2000, titled “ A motion for resolution respecting the disarmament of the Karimojong warriors, restraining, the said Karimojong warriors from invading neighbouring districts and involving them in participatory and self sustainable development programmes in Karamoja,” after persistent criminal acts from the warriors were almost isolating Karamoja region. In the exercise, one of the methods the UPDF had at its disposal in recovering illegal guns is Cordon and Search, since civilians are involved and it is civilian friendly compared to other military operations. However, Cordon and Search inevitably requires that some persons are inconveniently rounded up and taken to screening centres (not military detention centres or facilities). The UPDF conducts cordon and search after thorough intelligence and in most cases all the wanted criminals are known prior to the operation. At the screening centres therefore, the wanted are sorted out from the innocent and later detained as investigations go on. The UPDF Act 7 of 2005, Sec 119 (h) (i) and (ii) mandates the UPDF to arrest, detain and try in a military court martial any person found in unlawful possession of arms, ammunition or equipment ordinarily being the monopoly of the Defence Forces or other classified stores. The illegally armed Karimojong are not exceptional and as a result, 100 warriors have been successfully prosecuted and convicted since November 2004 to date, while hearing of cases for 50 others is still on going.
IN ACCURACY The queries singled out in regard to these operations have short comings as follows; a. Some I must say are imaginary because they are not known to have occurred nor registered any where. They simply did not occur. b. Some occurred but the stated results are inaccurate. c. Others occurred in the stated areas but on different dates from what is reported. The above mentioned portray inaccuracy on the part of the “researchers” and therefore a high possibility of falsification of the entire findings. It is however also noteworthy that those who have been disarmed against their will, (forcefully), being the majority are bitter with the UPDF, considering that the price of an illegal gun has sky rocketed to 1,200,000/= (one million two hundred thousand shillings). Most of these people are seeing the UPDF as having denied them a “source of income” and when interviewed will definitely talk ill about the exercise with deliberate inaccuracies. RESPONSE TO SPECIFIC CASES
December 7, 2006 in Lokoria Parish On the said date, UPDF forces from 61 and 63 battalions, reinforced by Uganda Police conducted a cordon and search operation in Lokoria parish between Kaabong rural and Kalapata sub-counties. There was armed resistance by warriors where 04 warriors were put out of action, 06 guns, 60 rounds of live ammunition, 01 empty magazine, 03 military shirts were recovered. No women or children were killed as alleged. December 10, 2006 at Nakot – Kaabong rural sub-county This was another cordon and search operation that was resisted. Again 02 warriors were put out of action, 01 injured, 02 guns, 12 rounds of ammunition recovered and 53 suspects were arrested for screening. Specific wanted people were among the rounded up suspects. January 1, 2007 There was no operation at Irosa village in Losogolo parish as alleged. That date a cordon and search operation was conducted at Kalongole in Kaabong rural sub-county, by forces from 61 and 63 battalions. There was armed resistance where 01 warrior was put out of action, 01 injured, 02 guns and 39 rounds recovered from these killed and injured criminals. September 2006 During this month, no operation was carried out in the entire Kaabong Town Council. Operations were carried out in Sidok, Kapedo and later Kawalakot though all in Kaabong District. It cannot be true therefore that, men were detained after operations in Kamuria ward, Kaabong Town Council as reported yet no operations were conducted in these areas. December 07, 2006 at Nakot ward No body was arrested or detained from Nakot on the said date. Rather on the 8th December 2006, two warriors named Meri John and Lolem Peter, who had been terrorizing Kaabong sub-county for a long period of time were arrested and have since been successfully charged, and convicted at Division Court Martial in Moroto. January 17, 2007 at Lorikitae parish, Lokopo sub-county Forces from 29 and 27 battalions recovered 23 guns, 13 rounds and 40 head of cattle belonging to the Jie of Kotido from Loromokulek village, Lorikitae parish Lokopo sub-county. It was not a cordon and Search exercise but the items were recovered on spot by the forces. There was no detention of anyone whatsoever. September 2006, in Longalom village, Lokopo sub-county. In the said month, no operation was carried out in Lokopo, instead operations throughout Moroto district were conducted in Nadunget, Lotome and Rupa where only 02 guns were recovered from thugs. This also disqualifies the alleged detentions in Lokopo in the same month. January 26 2007, in Loputuk and Lotiriri Parishes. This day was NRA/M Liberation day anniversary. No operations were carried out any where, as soldiers joined the rest of the country in marking the day. No detentions can therefore be claimed here again. THEFTS AND DESTRUCTION OF PROPERTY No thefts or deliberate destructions can be made by troops and go undetected or unpunished. It has only been in isolated incidents where huts have been burnt as a result of fire exchange between UPDF troops and resistant armed warriors. Such cases occurred on 19th May 2006 at Losilang and 29th October 2006, at Lopuyo Kotido District, where even a UPDF senior officer Maj Kam Rwashande and scores of other soldiers were killed by the warriors. OBSERVANCE OF CORDON AND SEARCH REQUIREMENTS Any cordon and search operation is preceded by thorough preparation. The UPDF ensures that food, soap and water are provided to the victims in the cordoned area for the period of the exercise. If these items are not in place, the operation does not take off. Besides, the operations are conducted jointly with the Uganda Police as required by law, and in conjunction with civil authorities. CONCLUSION Before the start of cordon and search operations, Standard Operating Procedures (SOPs) were designed by the UPDF leadership and distributed from the top most to the lowest officer or soldier participating in the cordon and search operations. Copies of these guidelines were also given to the local and government leaders in the area to work as checks and balances against the members of UPDF. Any violation of these procedures automatically attracts stern punishments on the offenders. For example between 2006 to date, 42 soldiers were prosecuted and convicted and 41 are on remand for various offences including human rights violations. |