Joint written statement submitted by American Jewish World Service, Caritas Internationalis, Human Rights Watch, International Federation for Human Rights, International Rescue Committee, International Save the Children Alliance, Jesuit Refugee Service, Mennonite Central Committee, Norwegian Refugee Council and World Vision International, for circulation at the 62 nd Session of Commission on Human Rights under Agenda item 14 (C)
Consideration of the Human Rights Situation in Northern Uganda
Background
1. The year 2006 marks the 20 th anniversary of the conflict in northern Uganda. Over 1.7 million people are currently confined to internally displaced persons camps. (1) Over the course of the conflict, an estimated 25,000 children have been abducted by the Lord's Resistance Army (LRA) and these children make up an estimated 85% of the LRA. (2) Sexual slavery, gender based violence and abductions continue regularly. Up to 30,000 children are forced to flee their homes to commute nightly to sleep in centres of towns to avoid abduction. (3) The government's response to the crisis, requiring that the majority of civilians live in ongested and poorly protected camps, has exacerbated a humanitarian crisis that claims up to 1,000 lives per week. (4)
2. Despite the gravity of this situation, as analysed by this Commission in various resolutions, including resolution 2002/53, (5) human rights violations in north and eastern Uganda continue to be committed. The Government of Uganda's preference for a military solution to the problem has weakened any attempt to resolve the conflict peacefully.
3. In October 2005, the International Criminal Court (ICC) unsealed arrest warrants for five LRA leaders, and if these arrests were made it would certainly be a very significant step towards resolving the conflict. Yet with n- means to implement warrants, the ICC has to rely on the Ugandan government, and in 20 years the Ugandan army has made little progress towards ending this war. Almost tw- weeks after the ICC unsealed its arrest warrants, in a spate of attacks on clearly marked humanitarian relief vehicles in northern Uganda and southern Sudan five staff members of international and local humanitarian organisations were killed. As a result of these attacks, humanitarian organisations imposed new security restrictions which have limited relief operations. (6)
4. The regional element of the conflict has recently been exacerbated due to the presence of the LRA in the Democratic Republic of Cong- (DRC) and southern Sudan. The LRA has perpetuated human rights abuses in all three countries; its presence has als- threatened peace processes in both southern Sudan and the DRC. As noted in UN Security Council 1653, governments in the region have a primary responsibility to protect their populations and ensure safe, unhindered access of humanitarian workers to people in need. (7)
Serious human rights abuses in northern Uganda
5. The LRA continues to make the people of northern Uganda its main targets. The LRA is responsible for years of willful killings, beatings, largescale abductions, forced recruitment of adults and children, sexual violence against girls whom it assigns as 'wives' or sex slaves to commanders, largescale looting and destruction of civilian property. Its presence is one of the main factors of the displacement of nearly tw- million people in northern Uganda. 8 These egregious abuses include:
- targeted attacks and deliberate killings;
- brutalization and mutilation of civilians;
- forced recruitment of child soldiers;
- rape and sexual abuse of women and children;
- looting and destruction of civilian homes, villages and other property;
- forced displacement;
- torture.
6. These are gross violations of the rules of war are applicable to the LRA, including the Geneva Conventions (article 3), Protocol Additional II to Geneva Conventions (articles 4 and 17) and customary international humanitarian law.
7. The government has mandated the Uganda Peoples' Defence Forces (UPDF) to provide security for the displaced population in northern Uganda, while the presence of police officers is rather minimal. 9 However, the continuous attacks on IDPs prove that the display of UPDF soldiers is insufficient. The UPDF is itself a source of insecurity. The murder of civilians by the UPDF at Lalogi IDP camp in Gulu in December 2005 followed earlier killings in Bobi and Ongak- IDP camps in September and October 2005. 10 Although there are few instances where they have been brought to justice, quite often, abuses perpetuated by the UPDF remained unpunished and the camps lack mechanisms for any effective monitoring and reporting of any such violations. The UPDF als- uses Local Defense Units (LDUs), wh- are often recruited from IDP population, as a means to protect camps. This is contrary to Principle 13 of the United Nations Guiding Principles on Internal Displacement and further violates the prohibition of recruitment of children, forced displacement, rape, torture and ill treatment. In addition, violations of human rights and international humanitarian law perpetuated by the UPDF noted above concern:
- the right to life;
- the right to liberty and security of person;
- the prohibition of recruitment of children under eighteen, or using them in hostilities;
- the prohibition of arbitrary displacement;
- the prohibition of rape and other outrages upon personal dignity;
- the prohibition of torture, cruel, inhuman or degrading treatment or punishment;
- the right of every child to a standard of living adequate for his or her development.
8. These serious violations contravene various international treaties ratified by Uganda, such as the International Covenant of Civil and Political Rights (articles 6, 7, 9, 17, 24); the Convention against Torture; the Geneva Conventions (article 3), Protocol Additional II to Geneva Conventions (articles 4 and 17); the Convention on the Rights of Child (articles 6, 8, 9, 16, 19, 20, 27, 32, 34, 36, 38); the African Charter on Human and Peoples' Rights (articles 4 to 6). They are als- contrary to the Universal Declaration on Human Rights(Articles 3 and 5).
Abuse of economic and social rights; a humanitarian emergency in northern Uganda
9. A humanitarian emergency exists in northern Uganda. Over 80% of civilians endure deplorable conditions in IDP camps where they have limited access to social services. Due to restricted movement, IDPs are not productive and thus unable to earn sufficient income to address health, nutritional and educational needs.
Right to Freedom of Movement:
10. The high mortality rates and deplorable conditions in IDP camps are directly linked to the inability of the IDPs to exercise their right to freedom of movement. IDPs are limited or prevented from leaving camps and the socioeconomic threats they face are increased by the restriction on their movement. Difficulties in accessing adequate health care, water, education, land and shelter are all exacerbated by restrictions placed on freedom of movement. The right to freedom of movement is recognised in Article 3.2 of the Uganda's National IDP policy, as well as Principle 14 of the Guiding Principles on Internal Displacement, Article 13 of the UDHR, Article 12.1 of the International Covenant on Civil and Political Rights, and Article 12.1 of the African Charter on Human and Peoples' Rights.
Right to Health:
11. IDPs are als- unable to exercise their right to adequate healthcare, a fundamental humanright guaranteed in the UDHR (article 25.1), the International Covenant on Economic, Socia land Cultural Rights (ICESCR) (article 12), the Protocol Additional II to the Geneva Conventions (article 4.2.a), the CRC (article 24); the ACHPR (article 16.1.2); the ACRWC (article 14); and the UNGPID (principle 18.d). A recent Ugandan Ministry of Health Survey found that the majority of deaths are attributed to chronic diseases and malnutrition associated with oral thrush. Most of the deaths occur outside health facilities. (11)
Right to Education:
12. 60% of schools in northern Uganda have been displaced due to insecurity. Only 2% of children between the ages of three to five have access to early childhood opportunities. (12) Access to education is guaranteed in the UDHR (Article 26.1), the ICESCR (Article 13), the Protocol Additional II (Article 4.3.a especially for children), the African Charter on Human and Peoples' Rights (Article 17.1) and the United Guiding Principles on Internal Displacement (Principle23.1).
Right to Water and Sanitation:
13. Water deficits are the most serious in camps whose populations exceed 10,000, as the necessary water requirements surpass the production of available water sources. (13) Most families drink from unsafe water sources. (14) A recent survey found that in the Kitgum and Pader Districts significant proportions of the population did not have any access to latrines. (15) Access to water and sanitation is a fundamental human right guaranteed in the UDHR (article 25.1), the ICESCR (article 12), the UNGPID (principle18.2.a).
Recommendations to Government of Uganda
- We strongly urge the Government of Uganda to abide by the Guiding Principles on the Internal Displacement and to fully implement the Ugandan National Policy on IDPs. We further ask the Ugandan government, with the support from the international community, to provide the resources necessary to immediately and adequately respond to the humanitarian situation;
- We urge the Government of Uganda to ensure the full respect of its citizens in the conflict in the North by abiding to its international obligations, including the right to life and security of the IDPs, the right to freedom of movement, and to ensure that their basic needs are met;
- We call upon the Government of Uganda to ensure that the need for IDPs to fully participate in the upcoming and future elections is respected.
Recommendations to the UN Commission on Human Rights
- Adopt a resolution which:
- Recognises the situation in northern Uganda as a crisis which has resulted in the inability of IDPs to exercises their fundamental human rights;
- Appoints a special a rapporteur to focus on the human rights situation in northern and eastern Uganda and report back to the Commission with relevant findings, in accordance with ECOSOC Resolution 1235;
- Condemns the human rights violations perpetuated by the Lord's Resistance Army and urges that they, in accordance with UN Security Council Resolution 1653, engage in voluntary disarmament. The LRA should als- immediately release all soldiers wh- are being held against their will;
- Calls on the Government of Uganda to ensure accountability of serious crimes committed by the UPDF by investigating and prosecuting as appropriate serious violations of international human rights and humanitarian law committed by UPDF where the military fails to do;
- Calls on the Government of Uganda to fulfill its responsibility to protect all of its civilians by, inter alia, prioritising protection of civilians and aid convoys by ensuring adequate deployment of security personnel and expresses its conviction that failure to provide adequate protection for civilians will require further action by the international community;
- With support from the international community, calls on the Government of Uganda to strengthen the presence of police officers and the judicial system within northern Uganda;
- Calls on the Government of Uganda to revamp its procedures for registering complaints regarding violations of human rights. Procedures for these complaints should be clear and disseminated in local languages throughout northern Uganda;
- In accordance with UN Security Council Resolution 1653, urge the international community to remain seized of the situation in northern Uganda and ensure that UN agencies and missions, including those within the region, namely the UN Mission in Sudan (UNMIS) and the UN Mission in the Democratic Republic of the Cong- (MONUC) are adequately supported in their mandate to address the overall human rights and humanitarian situation caused by the presence of the LRA;
- Calls on the Government's of Uganda, Sudan, and the Democratic Republic of Cong- to fully cooperate with the International Criminal Court and ensure that the protection of witnesses, especially formerly abducted children, is prioritised in any attempt to serve arrest warrants on the leaders indicted by the ICC.
- Calls on the various Special procedure mechanisms to continue to pay attention to the situation in northern Uganda;
Recommendations to the Office of the High Commissioner for Human Rights :
- In light of the humanitarian emergency and following the mission of High Commissioner for Human Rights in January this year, we request that her offices support and facilitate further action to monitor the human rights situation in the North of Uganda. Such actions include:
- Continuing to provide capacitybuilding support to the Ugandan Human Rights Commission and ensure its independence;
- Make the results of the investigations carried out by the OHCHR monitors publicly available promptly and periodically;
- Report results and findings of investigations to the UN Security Council and UN SecretaryGeneral;
- Provide training and support to local human rights organisations, traditional leaders, and IDPs throughout Uganda;
- Urge the government of Uganda to act in accordance with relevant international law and the Guiding Principles on Internal Displacement, with special attention paid to freedom of movement.
Notes:
(1) Uganda Humanitarian Update, UNOCHA, December 2005.
(2) UNICEF Humanitarian Situation Report, November 2005 & UNICEF Humanitarian Action: Uganda Donor Update 28 September 2005.
(3) UNICEF Humanitarian Situation Report, November 2005.
(4) Government of Uganda Ministry of Health and World Health Organization Survey, 'Health and Mortality Survey among internally displaced persons in Gulu, Kitgum and Pader districts, northern Uganda," July 2005.
(5) "Abduction of children from northern Uganda," UN Doc E/CN.4/RES/2002/53, 23 April 2002.
(6) "UGANDASUDAN: Another international NG- worker killed by LRA rebels," IRIN, 7 November 2005.
(8) Human Rights Watch, Uprooted and Forgotten, Impunity and Human Rights Abuses in Northern Uganda, Human Rights Watch, 20 September 2005.
(9) In northern Uganda, on average there is one police officer per 3,000 people (as opposed to the national average of 1 police officer per 1,700 people), Consolidated Appeal for Uganda 2006, UNOCHA, 30 November 2005.
(10) UN OCHA Note on Lalogi Visit and Follow up Actions, UNOCHA, 28 December 2005. See als- personal statement to Parliament of the Chairperson of the Legal and Parliamentary Affairs Committee "Oulanyah Raps Army," New Vision, 09 January 2006.
(11) Above n 4.
(12) UNICEF Humanitarian Situation Report, November 2005.
(13) MoH and WH- Survey (above n 4).
(14) UNICEF (above n 2).
(15) International Rescue Committee, "Water and Latrine Coverage Survey Uganda Programme"(2005).