INTERNATIONAL COURT OF JUSTICE
CASE CONCERNING
ARMED ACTIVITIES ON THE TERRITORY OF THE CONGO
DEMOCRATIC REPUBLIC OF THE CONGO
v.
UGANDA
UGANDA’s ANSWERS TO THE QUESTIONS
FROM THE COURT DATED 11 JUNE 2018
1 NOVEMBER 2018
i
Table of Contents
Question 6 ................................................................................................................. 1
Question 7 ................................................................................................................. 7
Question 17 ............................................................................................................... 11
ANNEXES
1
Question 6
Could Uganda explain if there were any procedures in place
between 1998 and 2003 in Uganda to determine the origin of gold,
diamonds, timber, or coltan dealt with in Uganda or exported from
Uganda?
Response:
1. Between 1998 and 2003, Uganda had in place only procedures to
determine the origin of gold and diamonds before their import into and export
from Uganda. The procedure was set out in the Mining Act Cap. 148 of 19491 and
Mining Regulations SI 148-1 of 1949,2 as elaborated below.
2. The Mining Act, which regulated the possession, purchase and sale of
minerals, restricted the import of certain types of minerals.3 Any person seeking
to import into Uganda such minerals was required to make a declaration before a
customs officer and obtain a certificate of importation. The declaration and
certification requirements were set out in section 71(2) of the Mining Act as
follows:
“No person shall import any unwrought precious
metal or precious stones into Uganda … unless he
or she makes a declaration before a customs officer
and obtains a certificate of importation”.
1 Uganda, The Mining Act Cap. 148 (1949) (hereinafter “the Mining Act”) Annex S-1. The Mining
Act was repealed by the 2003 Mining Act, which came into effect on 14 December 2004.
2 Uganda, The Mining Regulations, Statutory Instrument 148—1 (1949) (hereinafter “the Mining
Regulations”) Annex S-2. The Mining Regulations were repealed by the Mining Regulations
SI—71, which were adopted on 2 September 2004.
3 The Mining Act, Part VI, Annex S-1.
2
3. The Mining Act defined “precious metal” to mean “gold, silver or metal of
the platinoid group in the unmanufactured state, including ores containing such
metal”.4 “Unwrought precious metal” included “precious metal in any form
whatever, smelted or unsmelted, refined or unrefined, which though smelted is not
manufactured or made up into any article of commerce, and includes amalgam,
slimes, slags, gold-bearing concentrates, pots, battery chips, sweepings of
reduction works and scrapings and by-products of unrefined precious metal”.5
“Precious stones” were defined to cover “diamond, emerald, opal, ruby, sapphire,
turquoise and any other stones which the Minister may by statutory instrument
declare to be included in this definition”.6
4. The declaration and certification requirements under section 71(2) of the
Mining Act were implemented through the Mining Regulations, which prescribed
mandatory declaration and certification forms for the import of gold and
diamonds. Specifically, section 82 of the Mining Regulations provided:
“A declaration by a person seeking to import any
unwrought precious metal or precious stones into
Uganda shall be in Form XXX in the First Schedule
to these Regulations, and a certificate of any such
importation shall be in Form XXXI in that
Schedule”.7
5. Form XXX, entitled “Declaration on Importation of Unwrought Precious
Metal or Precious Stones”, and Form XXXI, entitled “Certificate of Importation
4 Ibid., Section 1(bb).
5 Ibid., Section 1(jj).
6 Ibid., Section 1(cc).
7 The Mining Regulations, Annex S-2.
3
of Unwrought Precious Metal or Precious Stones”, are included in Annex S-2 to
this submission.8
6. As Form XXX reflects, a person seeking to import unwrought precious
metals or precious stones, including gold and diamonds, was required to
“solemnly and sincerely” declare in a Declaration of Importation the origin of
those minerals by specifying the “place” where those minerals were obtained, the
“person” from whom they were obtained, and the “date” when they were
obtained. Similarly, Form XXXI mandated that a Certificate of Importation
indicate the origin of unwrought precious metals or precious stones, including
gold and diamonds, in accordance with information provided in a Declaration on
Importation.
7. As regards the determination of the origin of gold and diamonds before
their export from Uganda, the Mining Act provided in section 71(3) that “[b]efore
any such unwrought precious metals or precious stones are reexported from
Uganda, the certificate [of importation] shall be surrendered to a customs
officer”.9 Because, as stated, the origin of unwrought precious metals or precious
stones, including gold and diamonds, was required to be declared in a Declaration
on Importation and a Certificate of Importation, the origin of those minerals was
thus necessarily also determined for purposes of their export from Uganda.
8 Ibid., [PDF] pp. 94-95.
9 The Mining Act, Section 71(3), Annex S-1.
4
8. Therefore, between 1998 and 2003, Uganda had procedures in place to
determine the origin of gold and diamonds imported into and exported from
Uganda.10
9. Moreover, in recent years there has been increasing realization by States in
the Great Lakes Region of the importance of establishing comprehensive
certification of origin procedures. Acknowledging that only coordinated efforts
among all interested States can curb the illegal exploitation of natural resources in
the region, on 30 November 2006, the member States of the International
Conference on the Great Lakes Region (“ICGLR”),11 which includes Uganda,
concluded the Protocol Against the Illegal Exploitation of Natural Resources.12
10 Uganda notes that whether it had such procedures is not technically relevant to the question of
reparation currently before the Court. The Court has made clear that Uganda is under obligation to
make reparation to the DRC only for those wrongful acts identified in the 2005 Judgment. As
shown in Uganda’s Counter-Memorial, the Court has made no finding that Uganda breached any
international obligation owed to the DRC related to a failure to determine or to exercise due
diligence in determining the origin of natural resources dealt with in or exported from Uganda
between 1998 and 2003. In Uganda’s view, this constitutes a ratione materiae limitation on the
scope of its obligation to make reparation based on the existence or non-existence of such
procedures.
11 The International Conference on the Great Lakes Region (“ICGLR”) is an intergovernmental
organization of African countries in the African Great Lakes region. The organization is composed
of twelve member states, namely: Angola, Burundi, Central African Republic, Republic of Congo,
Democratic Republic of Congo, Kenya, Uganda, Rwanda, Republic of South Sudan, Sudan,
Tanzania and Zambia. ICGLR, available at http://www.icglr.org/index.php/en/ (last accessed 30
Oct. 2018).
12 Conférence Internationale Sur la Région des Grands Lacs, Protocole sur la Lutte contre
l’Exploitation Illégale des Ressources Naturelles (hereinafter “Protocol”), available at
https://ungreatlakes.unmissions.org/sites/default/files/cirgl_protocole…
ation_illegale_des_ressources_naturelles.pdf (30 Nov. 2006) (last accessed 30 Oct. 2018).
The original text of the Protocol is in French. For an English translation, see ICGLR, Protocol
Against the Illegal Exploitation of Natural Resources, available at
https://ungreatlakes.unmissions.org/sites/default/files/icglr_protocol_…
on_of_natural_resourcess.pdf (30 Nov. 2006) (last accessed 30 Oct. 2018).
5
Through the Protocol, the member States have agreed “to put in place a regional
certification mechanism for the exploitation, monitoring and verification of
natural resources within the Great Lakes Region”.13 Pursuant to Article 11,
member States committed themselves “to establish a regional mechanism whose
objective shall be to serve as a tool for combating the illegal exploitation of
natural resources” by “institut[ing] accredited standards as regards natural
resource exploitation” and “include[ing] provisions on certification of origin”.14
10. In 2009, the ICGLR member States launched the “Regional Initiative
against the Illegal Exploitation of Natural Resources” (“RINR”), which “aims at
breaking the link between mineral revenues and rebel financing”.15 To implement
the RINR and Protocol’s provisions, on 15 December 2010, ICGLR member
States approved “six tools to curb illegal exploitation of natural resources namely:
(1) Regional Certification Mechanism; (2) Harmonization of National Legislation;
(3) Regional Database on Mineral Flows, (4) Formalization of the Artisanal
Mining Sector; and (5) Promotion of the Extractive Industry Transparency
Initiative (EITI) and (6) Whistle Blowing Mechanism; with the understanding that
The Protocol is one among ten protocols to the Pact on Security, Stability and Development in the
Great Lakes Region, which was signed 15 December 2006 and entered into force in June 2008
(and was amended in November 2012 to include Republic of South Sudan). See ICGLR, The Pact
on Security, Stability and Development for the Great Lakes Region, available at
http://www.icglr.org/images/Pact%20ICGLR%20Amended%2020122.pdf (Dec. 2006, Amended
Nov. 2012) (last accessed 30 Oct. 2018). The Protocol entered into force for Member States upon
entry into force of the Pact.
13 Protocol, Art. 11.
14 Ibid.
15 The Executive Secretariat of ICGLR, The Regional Initiative on the Fight Against Illegal
Exploitation of Natural Resources of the International Conference on the Great Lakes Region, p.
1, Annex S-3.
6
some tools are still work in progress that needs further reflection and
refinement”.16
11. The Regional Certification Mechanism (“RCM”) focuses on the
certification of the origin of “four minerals, namely: tin, tantalum, tungsten, and
gold (3TGs), referred to as ‘Conflict Minerals’ under the Dodd-Frank Consumer
Protection Act … and as ‘Designated Minerals’ under the ICGLR mineral
certification scheme”.17 The certification process under the RCM consists of six
elements: mine site inspection and certification; mineral chain of custody
tracking; mineral export and certification; mineral tracking database; third party
audits; and the independent mineral chain auditor.18 Through this process, the
RCM seeks “to provide for sustainable conflict-free mineral chains in and
between ICGLR Member States” in order to “eliminate financial channels
supporting armed groups that sustain or prolong conflict, and/or otherwise engage
in serious human rights abuses”.19
12. Uganda is one of three States out of the twelve ICGLR States that has
already incorporated the Protocol Against the Illegal Exploitation of Natural
Resources into its domestic legislation.20
16 The Executive Secretariat of ICGLR, Lusaka Declaration of the ICGLR Special Summit to Fight
Illegal Exploitation of Natural Resources in the Great Lakes Region (15 Dec. 2010), para. 2.
17 The Executive Secretariat of ICGLR, The Regional Initiative on the Fight Against Illegal
Exploitation of Natural Resources of the International Conference on the Great Lakes Region, p.
3, Annex S-3.
18 Ibid.
19 Ibid.
20 On 12 December 2017 Uganda’s President assented to the Parliament’s Bill for an Act entitled
“The International Conference on the Great Lakes Region (Implementation of the Pact on
Security, Stability and Development in the Great Lakes Region)”. The purpose of this Act is “to
give force of law in Uganda to the Pact on Security, Stability and Development in the Great Lakes
7
Question 7
Has either Party so far investigated or prosecuted any individuals
in relation to violations of international humanitarian law in the
DRC in the period 1998-2003?
Response:
1. Uganda conducted a number of investigations of and prosecutions for
wrongful acts committed on the territory of the DRC in the period 1998-2003.
Those investigations and prosecutions were, however, frustrated for legal and
logistical reasons that have been addressed by changes made in 2005 to the law
governing the conduct of the Uganda People’s Defence Forces (“UPDF”).
2. In 2001, for example, Private Okello Otim Tonny was charged by UPDF
authorities with the murder of six Congolese citizens at the Gemena Town Police
Station.21 He pled not guilty to the charges22 and was subsequently tried by a
UPDF general court-martial located in Gemena.23 The prosecution, led by UPDF
Capt. Moses Wandera, presented six witnesses, including Dr. Mubeta Temoyla, a
Congolese doctor working at the Gemena Hospital who prepared the post mortem
Region” which also includes the Protocol Against the Illegal Exploitation of Natural Resources.
See Uganda, The International Conference on the Great Lakes Region (Implementation of the Pact
on Security, Stability and Development in the Great Lakes Region), Act 2017 (2017) Annex S-4.
The other two states that incorporated the Protocol are the DRC and Rwanda.
21 Uganda People’s Defence Forces in the General Court Marshal (G.C.M), Uganda Prosecutor v.
RA 134917 PTE Okello Otono Tonny, Case No. UPDF/GCM/017/2001, Commencement (7 Jan.
2001) Annex S-5.
22 Uganda People’s Defence Forces in the General Court Marshal (G.C.M), Uganda Prosecutor v.
RA 134917 PTE Okello Otono Tonny, Case No. UPDF/GCM/017/2001, Trial Proceedings (7 Jan.
2001) Annex S-6.
8
reports and death certificates.24 Private Tonny was ultimately convicted on all
counts and sentenced to death by hanging.25
3. His conviction was, however, subsequently overturned on appeal on the
grounds that although the then-applicable law (the 1992 National Resistance
Army (“NRA”) Statute) contemplated prosecutions for acts committed outside
Ugandan territory,26 it did not permit general courts-martial to be convened
outside the territory of Uganda. Specifically, section 80(3) of the NRA Statute
provided that such courts-martial “may sit at any place in Uganda” (i.e., not
outside Uganda). The court martial pursuant to which Private Tonny was
convicted was therefore deemed not authorized by law.
4. The relevant authorities determined that they would not be able to present
a viable case against Private Tonny in Uganda in light of the logistical difficulties
such a prosecution would entail. The witnesses were largely DRC citizens located
in Gemena like Dr. Temoyla and not available to testify in Uganda. The
authorities therefore were not able to retry Private Tonny. He was instead
discharged from the UPDF with disgrace.27
5. Other investigations into the actions of UPDF soldiers in the DRC were
frustrated for similar reasons. In such cases, rather than being tried in Uganda with
23 Uganda People’s Defence Forces in the General Court Marshal (G.C.M), Uganda Prosecutor v.
RA 134917 PTE Okello Otono Tonny, Case No. UPDF/GCM/017/2001, Final Verdict (3 July
2001), p. 25, Annex S-7.
24 Ibid., pp. 25-26.
25 Ibid., p. 27.
26 Uganda, National Resistance Army Statute (20 Mar. 1992) Annex S-8.
27 Uganda Peoples’ Defence Forces, Directorate of Records, Discharge of RA 134917 PTE Okello
Otono Tonny (14 Oct. 2004) Annex S-9.
9
all the difficulties such trials would entail, the soldiers in question were, like
Private Tonny, discharged from the UPDF.
6. Uganda subsequently changed the laws applicable to the UPDF to
authorize the convening of general courts-martial outside the territory of Uganda.
In 2005, the 1992 NRA Statute was replaced by the UPDF Act, section 41(3) of
which specifically provides that suspects can now be tried “at the scene of the
crime”.28
28 Uganda, The Uganda People’s Defence Forces Act (2 Sept. 2005) Annex S-10.
10
11
Question 17
Can both Parties submit their views with respect to collective
reparations, including the form they should take?
Response:
1. In Uganda’s view, there is no basis for the award of collective reparations
in this case.
2. First, however the term “collective reparations” may be defined, the DRC
has neither claimed such reparations nor adduced any evidence that might support
an award of them in this case. In its Order of 1 July 2015, the Court made clear
that “each Party should set out in a Memorial the entirety of its claim for damages
which it considers to be owed to it by the other Party and attach to that pleading
all the evidence on which it wishes to rely”.29 The DRC’s Memorial on reparation
makes no reference whatsoever to “collective reparations,” let alone presents a
claim labelled under that heading. Nor has the DRC espoused the claims of
specified nationals, including “collectives” of its nationals. Instead, the DRC has
presented only claims for harm to the DRC itself, which it seeks to measure, in
part, through calculations based upon unsubstantiated harms to unspecified
individuals. Moreover, even if it could be said that the DRC was espousing the
claims of a large number of its nationals, that would not constitute a
distinguishable “collective” for the purpose of “collective reparations”.
3. Indeed, the Court will recall that the DRC asserts in its Memorial on
reparation that it wishes to set up a commission “charged with establishing a
procedure by which the victims will be able to present their individual claims for
29 Armed Activities on the Territory of The Congo (Democratic Republic of The Congo v. Uganda),
Order of 1 July 2015, I.C.J. Reports 2015, p. 580, para. 8.
12
restitution, reviewing these claims and distributing the sums due as
compensation”.30 The statement that persons will have to prove their “individual
claims” to obtain compensation further demonstrates that the DRC has not
contemplated receiving reparation which it intends to use for collective
reparations.
4. Second, had the DRC claimed collective reparations in its Memorial,
Uganda would have provided detailed legal arguments demonstrating that such
reparations are not appropriate for and are not awarded in inter-State proceedings.
For example, the International Law Commission’s Articles on Responsibility of
States for Internationally Wrongful Acts deal comprehensively with the subject of
reparation. Yet collective reparations are not mentioned anywhere either in the
text of the articles or the commentaries thereto as a form or method of reparation
that can be awarded in inter-State proceedings.
5. Third, nothing at the merits phase of this case indicated to either Party an
intention by the Court to consider collective reparations. Indeed, the Court’s 2005
Judgment contains no reference either in its reasoning or in its dispositif to the
possibility of collective reparations. Rather, as Uganda recalled in its Counter-
Memorial on reparation, the 2005 Judgment placed the burden on the DRC “to
demonstrate and prove the exact injury that was suffered as a result of specific
actions of Uganda constituting internationally wrongful acts for which it is
responsible”.31 The requirement that the DRC establish “the exact injury” suffered
“as a result of specific actions of Uganda” underscores that Court did not envisage
“collective reparation” in the present case. Similarly, sub-paragraph 5 of the
30 Memorial of the Democratic Republic of Congo (Sept. 2016), para. 7.51 (emphasis added).
31 Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda),
Judgment, I.C.J. Reports 2005, p. 168, para. 260 (emphasis added).
13
Court’s dispositif found Uganda “under obligation to make reparation to the
Democratic Republic of the Congo for the injury caused”.32
6. For these reasons, Uganda respectfully submits that collective reparations
cannot be awarded in the present case. If the DRC were to make a new claim to
that effect at this late stage of proceedings, that claim would be barred by reason
of the non ultra petita rule, which is jurisdictional in nature.33
32 Ibid., para. 345.
33 The Corfu Channel Case (Assessment of the Amount of Compensation Due From the People’s
Republic of Albania to the United Kingdom of Great Britain and Northern Ireland), I.C.J. Reports
1949, p. 244, at p. 249; Request for Interpretation of the Judgment of November 20, 1950, in the
asylum case, I.C.J. Reports 1950, p. 395, at p. 402. (The Court held that “it is the duty of the Court
not only to reply to the questions as stated in the final submissions of the parties, but also to
abstain from deciding points not included in those submissions”); Barcelona Traction, Light and
Power Company (Belgium v. Spain), I.C.J. Reports 1970, p. 3, para. 49 (The Court held that it was
“not open to the Court to go beyond the claim as formulated by the Belgian Government”). See
also S. Rosenne, The Law and Practice of the International Court, 1920–1996, Vol. II (3rd ed.,
1997), p. 595. (“While not disputing the view that the non ultra petita rule may properly be
regarded as one of procedure, in international litigation it is also appropriate to regard it as an
aspect of jurisdiction. As such, however, it has a quantitative and not a qualitative effect. It does
not confer jurisdiction on the Court or detract jurisdiction from it. It limits the extent to which the
Court may go in its decision”).
14
15
Respectfully submitted,
____________________________
Amb. Mirjam Blaak
CO-AGENT OF THE REPUBLIC OF UGANDA
1 November 2018
16
17
CERTIFICATION
I certify that the Annexes are true copies of the documents referred to.
____________________________
Amb. Mirjam Blaak
CO-AGENT OF THE REPUBLIC OF UGANDA
1 November 2018
ANNEXES
List of Annexes
Annex S-1 Uganda, The Mining Act Cap. 148 (1949)
Annex S-2 Uganda, The Mining Regulations, Statutory Instrument 148—1
(1949)
Annex S-3 The Executive Secretariat of ICGLR, The Regional Initiative on
the Fight Against Illegal Exploitation of Natural Resources of the
International Conference on the Great Lakes Region
Annex S-4 Uganda, The International Conference on the Great Lakes Region
(Implementation of the Pact on Security, Stability and
Development in the Great Lakes Region), Act 2017 (2017)
Annex S-5 Uganda People’s Defence Forces in the General Court Marshal
(G.C.M), Uganda Prosecutor v. RA 134917 PTE Okello Otono
Tonny, Case No. UPDF/GCM/017/2001, Commencement (7 Jan.
2001)
Annex S-6 Uganda People’s Defence Forces in the General Court Marshal
(G.C.M), Uganda Prosecutor v. RA 134917 PTE Okello Otono
Tonny, Case No. UPDF/GCM/017/2001, Trial Proceedings (7
Jan. 2001)
Annex S-7 Uganda People’s Defence Forces in the General Court Marshal
(G.C.M), Uganda Prosecutor v. RA 134917 PTE Okello Otono
Tonny, Case No. UPDF/GCM/017/2001, Final Verdict (3 July
2001)
Annex S-8 Uganda, National Resistance Army Statute (20 Mar. 1992)
Annex S-9 Uganda Peoples’ Defence Forces, Directorate of Records,
Discharge of RA 134917 PTE Okello Otono Tonny (14 Oct. 2004)
Annex S-10 Uganda, The Uganda People’s Defence Forces Act (2 Sept. 2005)
CHAPTER 148
THE MINING ACT.
Arrangement of Sections.
Section
PART I—GENERAL.
1. Interpretation.
2. Control of and property in minerals and petroleum.
3. Penalty for prospecting or mining without authority.
4. Prospecting licence not to confer right to prospect for petroleum.
5. Prospecting in closed districts.
6. Saving for custom and domestic use.
7. Employment of officers.
8. Delegation of powers.
9. No action against officers for acts done in execution of duties.
10. Royalties.
11. Lands excluded from prospecting or mining.
12. Minister may close areas to prospecting, etc.
13. Restricted minerals.
14. Notice of intent to prospect or mine on private lands; security for
compensation for damage.
15. Payment of compensation to owners or occupiers of private
lands.
16. Cases when lands of classes IV and V are excluded from
operation of sections 14 and 15.
17. Charges for inquiry by Government officers.
18. Deposits.
19. Records to be kept.
20. Discovery of certain minerals of economic value to be notified.
21. Restriction on transfer of or certain of interest in a prospecting,
mining or water right.
22. Amalgamation of prospecting and mining rights.
23. Obligation of holders of prospecting and mining rights.
24. Restoration of land.
25. Power of commissioner to cancel prospecting or mining rights.
26. Penalty for giving false or misleading information.
27. Revocation of prospecting, mining or water right.
PART II—PROSPECTING.
28. When prospecting lawful.
29. Disposal of minerals obtained under a prospecting right.
30. Prospecting licence.
31. Privileges and obligations under a prospecting licence.
32. Ancillary privileges under a prospecting licence.
33. Exclusive prospecting licences.
34. Rights under an exclusive prospecting licence.
35. Surrender of an exclusive prospecting licence.
36. Grant of special exclusive prospecting licences.
37. Application for special exclusive prospecting licences.
38. Applicability of the Act and regulations to an exclusive
prospecting licence.
PART III—MINING.
39. When mining lawful.
40. Locations.
41. Locations may be lode, alluvial or river.
42. Duration of a location.
43. Rights under a location.
44. Abandonment of a location.
45. Mining leases.
46. Application for a mining lease.
47. Applicant to show sufficient capital.
48. Lease granted for specified mineral.
49. Duration of lease.
50. Rights under a mining lease.
51. Surface rights of lessee.
52. Lessee not to enter into certain agreements.
53. Penalty on nonpayment of rent.
54. Surrender of lease.
55. Special lease.
PART IV—USE OF WATER.
56. Interference with water without consent forbidden.
57. Pollution of water supply.
58. Water permits.
59. Water rights.
60. Objections to grant of a water right.
61. Surrender of water right.
62. Application of section 58 to water rights.
PART V—DISPUTES.
63. Powers of an administrative officer to hear and decide disputes.
64. Procedure.
65. Records to be kept.
66. Enforcement of decrees and decisions.
67. Appeals; jurisdiction of ordinary courts not excluded.
PART VI—POSSESSION, PURCHASE AND SALE OF MINERALS.
68. Possession and sale of minerals.
69. Purchase of minerals.
70. Who may melt precious metals.
71. Restrictions on import and export of minerals.
72. Licence to deal in minerals.
73. Obligations of holders of mineral dealers licence and banker.
74. Business of a goldsmith not to be carried on without a licence.
75. Goldsmiths licence.
76. Obligations of a licensed goldsmith.
77. Offences by licensed dealers and goldsmiths.
78. Power of court on conviction of a licensed dealer or goldsmith.
79. Maliciously placing mineral on premises with intent.
PART VII—INSPECTION AND ACCIDENTS.
80. General inspections.
81. Obligation to remedy any dangerous practice and procedure to be
followed.
82. Inspections in connection with welfare and health and procedure
to be followed.
83. Procedure on objection to remedy the matter complained of.
84. Penalty on failure to comply with notice.
85. Agreement not to preclude or exempt.
86. Procedure in case of accident.
THE REPUBLIC OF UGANDA
THE INTERNATIONAL CONFERENCE ON THE GREAT LAKES REGION
(IMPLEMENTATION OF THE PACT ON SECURITY, STABILITY AND
DEVELOPMENT IN THE GREAT LAKES REGION) ACT, 2017.
THE REPUBLIC OF UGAJ\i"DA
I SrGNIFY my assent to the bill.
Date af assent ...... ;:w .. /.JI)._ l Qo fi. ··
Intemational Conference on the Great Lakes Region
(/mplementation of the Pact On Security, Stability and Development
Act in the Great Lakes Region) Act 2017
THE INTERNATIONAL CONFERENCE ON THE GREAT LAKES
REGION (IMPLEMENTATION OF THE PACT ON SECURITY,
STABILITY AND DEVELOPMENT IN THE GREAT LAIOES REGION)
ACT, 2017
ARRANGEMENT OF SECTIONS
Section
1. Interpretation
2. Pact to bave force of law in Uganda
3. Finances
4. Immu.n.ities and privileges of employees
5. Status, immunities and privileges of the Conference
6. Subsequent amendment of Pact
7. Regulations
SCHEDULE
THE INTERNATIONAL CONFERENCE ON THE GREAT LAKES
REGION PACT ON SECURITY, STABILITY AND DEVELOPMENT
IN THE GREAT LAIOES REGION
International Conjerence on the Great Lakes Region
( Jmplementation of the Pact On Securir:y, Srability and Development
Act in the Great Lakes Region) Act 2017
• ♦ x A
'· ' ~, ,,~
' '.
Il ,,
THE REPUBLIC OF UGAND./.\
THE INTERNATIONAL CONFERENCE ON THE GREAT
LAKES REGION (IMPLEMENTATION OF THE PACT ON
SECURITY, STABILITY AND DEVELOPMENT IN THE
GREAT LAKES REGION) ACT, 2017
An Act to give the force of law in Uganda to the Pact on Secu.rity,
Stability and Development in the Great Lakes Region and to
provide for related matters.
WHEREAS the Pact on Security, Stability and Development in the
Great Lakes Region wbich is set out in the Schedule to this Act was
signed in Nairobi, Republic of Kenya on the 15th day of December,
2006 on behalf of the Governments of the Republic of Angola, the
Republic of Burundi, the Central African Republic, the Republic of
Congo, the Democratic Republic of Congo, the Republic of Kenya,
the Republic of Rwanda, the Republic of South Sudan, the Republic
of Sudan, the United Republic of Tanzania, the Republic of Uganda
and the Republic of Zambia;
AND WREREAS the Cabinet of the Republic of Uganda rati.fied the Pact
on 5th February, 2008 in accordance with article 123 of the
Constitution and section 2(a) of the Ratification of Treaties Act;
AND WHEREAS it is expedient to give the force of law to the Pact in
Uganda;
International Conference on the Great Lakes Region
(Jmplementation of the Pact On Security, Stabillty and Development
Act in the Great Lakes Region) Act 2017
DATE OF ASSENT: cl;O ' 1 ~ ' ~ 0 '~ .2.srt. k~ I ;21) ( 7 .
Date a/Commencement: 9-t-R ~ u.,..~c'9-r-f_ -
Now TI-IEREFORE be it enacted by Parliament as follows:
1. Interpretation.
In this Act, unless the context otherwise requires-
"Conference" means the International Conference on the Great
Lakes;
"Conference Secretariat" means the Secretariat of the
International Conference on the Great Lakes;
"member states" means the twelve core member states of the
International Conference on the Great Lakes Region, namely
the Republic of Angola, the Republic of Buruncli, the Central
Afücan Republic, the Republic of the Congo, the Democratic
Republic of the Congo, the Republic of Kenya, the Republic
of Rwanda, the Republic of South Sudan, the Republic of the
Sudan, the United Republic of Tanzania, the Republic of
U ganda and the Republic of Zambia;
''Minister" means the Minister responsible for foreign affairs;
"Ministry" means the Ministry responsible for foreign affairs;
"Pact" means the Pact on Security, Stability and Development in
the Great Lakes Region signed in Nairobi, Kenya on the
15th day of Decem'ber 2006 as prescribed in the Scbedule
to tbis Act;
"Protocols'' means the protocols adopted or subsequently
adopted under the Pact.
2. Pact to have force of law in Uganda.
(1) The Pact as set out in the Schedule to this Act shal.l have the
force of law in U ganda.
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Act in the Great Lakes Region) Act 2017
(2) Without prejudice to the general effect of subsection (1), all
rights, powers, liabilities, obligations and restrictions created or
arising qy or under the Pact and ail remedies and procedures provided
for by or under the Pact shall be recognised and available in law and
shall be enforceable and allowed in Uganda.
3. Finances.
(1) The finances for enforcing the Pact in Uganda sball consist
of-
(a) money appropriated by Parliament to the Ministry for the
purposes of the Pact; and
(b) grants or donations from the Government or otber sources
made with approval of the Minister and Minister
responsible for finance.
(2) Subject to article 159 of the Constitution of the Republic of
Uganda, for the purposes of providing any suros required for giving
effect to the Pact under this section, the Minister responsible for
finance may, on behalf of Government, make sucb arrangements as
are necessary or raise loans by creation and issuance of securities
bearing such rates of interest and subject to such conditions as to
repayment, redemption or otherwise as the Minister considers fit.
(3) A grant, donation or Joan received by the Government for
purposes of the Pact shall be paid into and form part of the
Consolidated Fund and sball be available in the manner in wbich
funds from the Consolidated Fund are available.
4. Immunities and privileges of employees.
(1) A person who is employed in the service of the Conference
in Uganda, wbo is a citizen of a member state other tban Uganda,
shall
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Intemationa! Conference on the Great Lakes Region
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Act in the Great Lakes Region) Act 2017
(a) be immune from civil process with respect to acts
performed by tbem in their official capacity; and
(b) be accorded such immunities from immigration restrictions
and alien registration as the Member States may determine.
(2) Experts and consultants rendering services to the Conference
~ ~ ,'"L • , I" '-e:v .. l in Uganda sh~l be accorded such immunities and privileges as may
1v ,, '~ .!:.-:'î ~ be agreed by ptember j tates.
S. Status, immunities and privileges of the Conference.
(1) The Conference shall be accorded such status, capacity,
immunities, lt,t;ivileges_ënd exemptions in Uganda as may be agreed
upon by thejflember !tates.
(2) Members of the organs and institutions of the Conference
shall be accorded sucb immun.ities and privileges as may be agreed
upon by the member states.
6. Subsequent amendment of the Pact
Where, after the commencement of this Act, the Pact is amended or
modified in accordaoce with the provisions of article 34 of the Pact,
and ratified under article 123 of the Constitution of the Republic of
Uganda, the Minister sball cause a copy of the amendment or
modification to be laid before Parliament; and the amendment or
modification sball , for the purposes of this Act, corne or be deemed
to have corne into operation on the date it is laid before Parliament.
7. Regula~ns.
(1) The rninister may, in consultation witb the line ministry, by
statutory instrument, make regulations to g ive effect to the provisions
of this Act.
N (2) Witbout prejudice to the generality of subsection (1), the
~inister shall make regu lations for
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International Conference on the Great Lakes Region
(lmplementation of the Pact On Security, Stability and Development
Act in the Great Lakes Region) Act 2017
(a) the exploitation of natural resources;
(b) the operationalization of the Specific Reconstruction and
Development Zone;
(c) the prevention and suppression of sexual violence against
women and cbildren;
(d) the protection and assistance to internally displaced
persans;
( e) the protection of property rights of retuming persons;
(f) the management of information and communication; and
(g) any other matter incidental for the better carrying out of the
purposes of tbis Act and the prescription of anything
required or autborized under this Act.
(3) Regulations made under this Act may, in respect of any
contravention of any of the regulations-
(a) prescribe a penalty not exceeding a fine of five thousand
currency points or irnprisonment not exceeding ten years or
botb;
(b) in the case of a continuing contravention, prescribe an
additional penalty not exceeding a fine of five hundred
currency points in respect of each day on whicb the offence
continues;
(c) prescribe a bigher penalty not exceeding a fine of five
tbousand five bundred currency points or imprisonment not
exceeding 12 years, or both in respect of a second or
subsequentcontravention; and
(d) provide for forfeiture of anything used in the commission.
of tbe off en ce.
International ~onferince ôn the Gmat Lakes Region
(Jmplementation of the Pact On Security, Stability and Development
Act in the Great Lakes Region) Act 2017
SCHEDULE
Section 1
THE INTERNATIONAL CONFERENCE ON THE GREAT ·
LAKES REGION PACT ON SECURITY, STABILITY AND
DEVELOPMENT IN THE GREAT LAKES REGION
TABLE OF CONTENTS
PREAMBLE
CHAPTER I: GENERAL PROVISIONS
Article 1: Definitions
Alticle 2: Objectives
Article 3: Content
Article 4: Field of Application and Fundamental Principles
CHAPTER II: THE PROTOCOLS
Article 5: Protocol on Non-aggression and Mutual Defence in the
Great Lakes Region
Article 6: Protocol on Democracy and Good Governance
Article 7: Protocol on Judicial Cooperation
Article 8: Protocol for the Prevention and the Punishment of the
Crime of Genocide, War Crimes and Crimes against Humanity and all
forms of Discrimination
Article 9: Protocol Against the Illegal Exploitation of Natural
Resources
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Act in the Great Lakes Region) Act 2017
Article 10: Protocol on the Speci:fic Reconstrnction and Development
Zone
Article . 11: Protocol on the Prevention and Suppression of Sexual
Violence Against Women and Cbi[dren
Article 12: Protocol on the Protection and Assistance to Intemally
Displaced Persons
Article 13: Protocol on Property Rights ofReturning Persons
Article 14: Protocol on the Management of Information and
Communication
: Article 15: Subsequent Protocols
CHAPTER ID: THE PROGRAMMES OF ACTION
Article 16: Objectives of the Programmes of Action
Article 17: The Programme of Action for Peace and Security
Article 18; The Programme of Action for Democracy and Good
Govemance
Article 19: The Programme of Action for Economie Development
and Regional Integration
Article 20: P-rogramme of Action on Humanitarian, Social and
Environ.mental Issues
CHAPTERN: THE SPECIAL FUND FOR RECONSTRUCTION
AND DEVELOPMENT
Article 21: Le gal framework
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CHAPTER V. THE REGIONAL FOLLOW-UP MECHANISM
Article 22: Establishment
Article 23: The Summit
Article 24: The Regional Inter-Ministerial Committee
Article 25: Ad-hoc Group of Experts
Article 26: Conference Secretariat
'
Article '27: National Coordination Mecbanisms and Collaborative
Mechanisms
CHAPTER VI: PEACEFUL SETTLEMENT OF DISPUTES
Article 28: The Duty to Settle Disputes Peacefully
Article 29: Disputes Concerning the Interpretation and Application
of the Pact
CHAPTER VII: FINAL PROVISIONS
Article 30: Signature and Ratification
Article 31: Non-selectivity and Reservations
Article 32: Deposit and Registration
Article 33: Entry into force
Article 34: Amendments and Revision
Article 35: Witbdrawal
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Act in the Great Lakes Region) Act 2017
PREAMBLE
WE, Heads of State and Government of the Member States of the
International Conference on the Great Lakes Region;
MINDFUL of the need to respect democracy and good govemance,
the fundamental principles ensbrined in the . UN Charter and the
African Union Constitutive Act, notably territorial integrity, national
sovereignty, non-interference and non-aggression, prohibition of any
Member State from allowing the use of its territory as a base for
aggression or subversion against another Member State;
MINDFUL of the need for an effective and sustained po.litical will to
jointly seek peaceful solutions to disputes and more especially to
bonor our commitments in a spirit of mu tuai trust;
REAFFIRMING our individual and collective determination to base
the reJations between our States on international legal instruments
and universal fuodamental principles, the priority political options
and the guiding principles referred to in the Dar-es-Salaam
Declaration, as weU as to transform the Great Lakes Region, in the
framework of our common destiny, into a space of durable peace and
security, of political and social stability, and of economic growth and
sbared development by multi-sector cooperation and integration for
the sole benefit of our peoples;
DETERMINED to ensure the strict observance of the standards and
principles of international humanitarian law, notably those relating to
the protection and assistance of women, children, refugees and
displaced persans, the violations of wbicb bave seriously affected the
populations concerned;
International Conference on the Great Lakes Region
(Jmplementation of the Pact On Security, Stabi/ity and D evelopment
Act in the Great Lakes Region) Act 2017
REAFFIRMING our decision taken at Dar-es-Salaam to declare the
Great Lakes Region a specific zone of reconstruction and
developrnent and jointly determined to meet the challenge of
reconstruction and development with the full participation of all our
peoples, particularly in partnership with the civil society
organizations, young people, womeo, the private sector and religious
organizations, as well as in close cooperation with the relevant
regional organizatioos, the Afr:ican Union, the United Nations, and
the international cornmunity in general;
DETERMINED to adopt and implement collectively the appropriate
Programmes of Action, the Protocols and mecbanisms to translate
ioto reality the priority political options and the gujding principles of
the Dar-es-Salaam Declaration;
HEREBY SOLEMNLY AGREE:
CHAPTER I: GENERAL PROVISIONS
ARTICLE 1
Definitions
1. For the purpose of this Pact, unless the cootext otherwise
requrres, the following mean:
(a) Conference: The International Conference on the Great
Lakes Region;
(b) Great Lakes Region: The region composed of the whole
of the territories of the twelve core Member States of the
Confereoce;
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Act in the Great Lakes Region) Act 2017
(c) Dar-es-Salaam Declaration: The Declaration on Peaee,
Security, Democracy and Developmcnt in the Great Lakes
region, adopted and si gned at the first Summjt of the
Conference in Dar-es-Salaam (United Republic of
Tanzania) on 20 November 2004;
(d) Member States: The twelve core Member States of the
International Conference on the Great Lakes Region,
namely: Republic of Angola, Republic of Burundi, Central
African Republic, Republic of the Congo, Democratic
Republic of the Congo, Republic of Kenya, Republic of
Rwanda, Republic of South Sudan, Republic of Sudan,
United Republic of Tanzanfa, Republic of U ganda and the
Republic of Zambia;
(e) National Coordination Mechaoisms: National
Mecbanisms responsible for facilitating the implementation
of the Pact in the Member States;
(t) Summit: The organ composed of The Heads of State and
Government of the Member States;
(g) Regional Inter-Ministerial Committee: The organ
composed of the Ministers of the Member States in charge
of the Conference;
(b) Conference Secretariat: The Secretariat of the
International Conference on the Great Lakes Region;
( i) Pact: The Pact on Security, Stability and Development for
the Great Lakes Region;
(i) Protocols: The Protocols adopted or subsequently adopted
under tbis Pact;
international Conference on the Great Lakes Region
{Implementation of the Pact On Security, Stability and Development
Act in the Great Lakes Region) Act 2017
(k) Programmes of Action: The Programmes of Action
adopted under this Pact;
(1) Projects: The Projects adopted or subsequently adopted
under tbis Pact;
(m) Follow-up Mechanism: The Regional Follow-up
Mechanism adopted under tbis Pact;
(n) Fund: The Special Reconstruction and Development Fund
established under tbis Pact.
ARTICLE 2,
Objectives
The Objectives of tbis Pact are to:
(a) P rovide a legal framework governing relations between tbe
Member States to which this Pact appli es as provided for in
Article 4;
(b) Implement the Dar-es-Sal aam D eclaration, the Protocols,
Programmes of Action, tbe Regional Follow-up
Mecbaoüm, and the Special Reconstruction and
Development Fund as adopted under Article 3;
(c) Create the conditions for security, stability, and sustainable
development between the Member States.
ARTICLE3
Content
1. The Dar-es-Salaam Declaration, the Protocols, the Programmes
of Action, tbe Regional Follow-up Mecbanism, and the Fund, sball
constitute integral parts of this Pact;
...
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International Conference on the Great Lakes Region
(Jmplementation of the Pact On Security, Stability and Development
Act in the Great Lakes Region) Act 2017
2. Ali references to the Pact shall necessarily refer to all the
integral parts of this Pact.
ARTICLE4
Field of Application and Fundamental Principles
1. This Pact govems legal relations between the Member States
who will have ratified it, in the framework and within the limits of the
priority areas selected in matters of peace and security, democracy
and good govemance, economic development and regional
integration, as well as humanitarian, soci.al and environmental issues.
2. The Member States undertake to base tbeir relations on respect
for the principles of national sovereignty, of territorial integrity, of
non-interference in the internai affairs of other Member States, of
non-aggression, of cooperation and of peaceful settlement of
disputes.
CHAPTER II: THE PROTOCOLS
ARTICLE 5
Protocol on Noo~aggression and Mutua) Defence in the Great
Lakes Regioo
1. The Member States undertake to maintain peace and security in
accordance with the Protocol on Non-aggression and Mutual Defence
in the Great Lakes Region, and in particular:
(a) To renounce the threat or the use of force as policies means
or instrument aimed at settling disagreements or disputes or
to achieve national objectives in the Great Lakes Region;
International Conference on the Great Lakes Region
(lmplementation of the Pact On Security. Stability and Development
Act in the Great Lakes Region) Act 20.17
(b) To abstain from sending or supporting armed opposition
forces or armed groups or insurgents onto the territory of
other Member States, or from tolerating the presence on
their territories of armed groups or insurgents engaged in
armed conflicts or involved in acts of violence or
subversion against the Government of another State;
(c) To cooperate at all levels with a view to disarming and
dismantling existing armed rebel groups and to promo te the
joint and participatory management of state and buman
security on their common borders.
(d) If any Member State fails to comply witb the provisions of
this Article, an extraordinary Summit shall be convened to
consider appropriate action.
ARTICLE 6
Protocol on Democracy and Good Governance
The Member States undertake to promote and observe democracy and
good govemance in accordance with the Protocol on Democracy and
Good Govemance, and in particular:
(a) To promote and observe democratic principles and
standards;
(b) To set up institutions to pro~ote good governance, the rule
of law and the respect for human . rights through
constitutional systems based on th.e separation of powers,
political pluralism, the regular organisation of free,
democratic and credible elections, the participatory,
transparent and responsible management of business,
institutions and public property.
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ARTICLE 7
Protocol oo Judicial Cooperation
The Member States undertake, in accordance with the Protocol on
Judicial Cooperation, to cooperate in matters of extradition, judicial
investigation and prosecution.
ARTICLE 8
Protocol for the Prevention and the Punishment of the Crime of
Genocide, War Crimes and Crimes against Humanity a·nd all
forms of Discrimination
The Member States, in accordance with the Protocol on tbe
Prevention and the Punishment of the Crime of Genocide, War
Crimes and Crimes against Humanity and all forms of
Discrimination, recognize that the crime of genocide, war crimes, and
crimes against bumanity are crimes under international law and
against the rights of peoples, and undertake in particular:
(a) To refrain from, prevent and punish, such crimes;
(b) To condemn and eliminate all forms of discrimination and
discriminatory practices;
( c) To ensure the strict observance of this undertaking by ail
national, regional and local public authorities and
institutions;
(d) To proscribe aU propaganda and ail organisations which are
inspired by ideas or theories based on the superiority of a
race or a group of people of a particular ethnie origin, or
which try to justify or encourage any form of ethnie,
religious, racial or gender based hatred or discrimination.
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International Conference on the Great Lakes Region
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ARTICLE9
Protocol Against the Illegal Exploitation of Natural Resources
The Member States agree, in accordance witb the Protocol Against
the Illegal Exploitation ofNatural Resources, to put in place regional
rules and mechanisms for combating the illegal exploitation of
natural resources whicb constitute a violation of the States' rigbt of
permanent sovereignty over their natural resources and whicb
represent a serious source of insecurity, instability, tension and
conflicts, and in patiicular:
(a) To ensure that any activity bearing on natural resources
must scrupulously respect the permanertt sovereignty of
each State over its natural resources and comply witb
harmonised national legislation as well as the principles of
transparency, responsibility, equity, and respect for the
environ.ment and buman settlements;
(b) To put to an end, through national and international legal
means, to impunity in the illegal exploitation of natural
resources by natural persans and legal entities;
(c) To put in place a regional certification mechanism for the
exploitation, monitoring and verification of natural
resources within the Great Lakes Region.
ARTICLE 10
Protocol on the Specific Reconstruction and Development Zone
The Member States agree, in accordance with the Protocol on the
Specific Reconstruction and Development Zone, to implement, an
economic development and local regional integration process,
pursuant to the decision contained in the Dar-es- Salaam Declaration
to declare the Great Lakes Region as a Specific Reconstruction and
Development Zone, and for this purpose, to institute in particular:
è\
\.':-. ' D
~~ ,.,JÔl. A~
l~~ 1
THE REPUBLIC OF UGANDA
This printed impression bas be7n carefully
compared by me with the bill which was
passed by Parliament and found by me to be a
true copy of the bill.
,,--.
CHARGE SHEET
UGANDA
VERSUS
THE REPUBLIC OF UGANDA
UGANDA PEOPLE'S DEFENCE FORCES
IN THE GENER;\.L COURT MART~AL ( G.C.M)
CASE NO. UPDF/GCM/017/2001
Date: 01/07/2001
PROSECUTOR
RA-Ü4917 PTE OKELLO OTIM TONNY .............................................. ACCUSED
COMMENCEMENT
TI1e accuscd is a male adult soküer of UPDF , aged 27 years, an Acholi by tribe attaél-\ed
to 35 th BN ( OSH) and is charged with;
COUNTI: STATEMENT OF OFFENCE
Murder C/S 183 and 1 84 of the Panel Code Act Cap. 106.
PARTICULARS OF OFFENCE
RA-134917 Pte Okello Otim T,;nny on or about the 23 rd day of May, 2001 , while at
Gemena Town Police Station in Gemena District ( DRC), with malice a fore thonght,
a1med with SMG No. UE 0253 shot and killed Mr. Munke Lambo Nzabilo a Congolese
Citizen.
COUNT 2: STATEMENT OF OFFENCE
Murder C/S 183 & 184 of the Penal Code Act Cap. 106.
PARTICULARS OF QFFENCE
RA. 134917 Pte Okello Otim Tonny on or about the 23 rd day of May 2001, while at.
Gemena Town Police Station in Gernena District ( DRC) , with malice a forethought ,
' armed with SMG No. UE 0253 shot and killed Mr. Bomboko Sifio a Congolese Citizen .
COUNT3: STATEMENT OF OFFENCE:
Murder C/S 183 and 184 of the Penal Code Act Cap. 106.
PARTICULARS OF OFFENCE
RA. 134917 Pte Okello Otim Tonny ùn or about thee 23 rd day of May 2001, white at
Gcmena Town Police Station in Gemena District (DRC), with malice aforethought, azmed
with SMG No. UE 0253 shot and killed Mr. G. Bedema Tukia a Congolese Citizen.
COUNT4: ST ATEMENT OF OFFENCE:
Murder C/S 183 and 184 ofthe Penal Code Act Cap. 106.
PARTICULARS OF OFFENCE
.r·¼•, L . .i RA. 134917 Pte Okello Otim Tonny on or about thee 23rd day of May 2001, while at
Gemena Town Police Station in Gernena District (DRC), with malice aforethought, armed
with SMG No. UE 0253 shot and killed Mr. Apala Zoma Tipeli a Congolese Citizen.
COUNT5: STATEMENT OF OFFENCE:
Murder C/S 183 and 184 of the Penal Code Act Cap. 106 .
PARTICULARS OF OFFENCE
RA. 134917 Pte O¼,ello Otim Tonny on or about thee 23rd day of May 2001, whik at
Gemena Town Police Station in Gemena District (DRC), with malice aforethought, armed
with SMG No. UE 0253 shot and killed Mr. Kongawi Baya a Congolese Citizen
COUNT6: STATEMENT OF OFFENCE:
Murder C/S 183 and 184 of the Penal Code Act Cap. 106.
PARTICULARS OF OFFENCE
RA. 134917 Pte Okello Otim Tonny on or about thee 23 rd day of May 2001, while at
Gemena Town Police Station in Gemcna District (DRC), with malice aforethought, arrned
with SMG No. UE 0253 shot and killed Mr. Demogale Batole a Congolese Citizen .
OFFICER PREFERRING CHARGE
ï
C
UGANDA
THE REPUBLIC OF UGANDA
UGANDA PEOPLE'S DEFENCE FORCES
G.C.M HOLDEN AT GEMENA 1/7/01
CASE NO. UPDF/GCM/017/2001
PROSECUTOR
RA 134917 PTE OKELLO OTIM TONNY ....... ... ........................... ACCUSED
TRIAL PROCEEDINGS
Present:
1.
2.
3.
4.
5,.
6.
7,
Others:
1.
2.
3.
4.
L T Col Joram Kakari
Maj. HerbeJt Mulombe
Maj .. Alex Ndyanabo
Capt. Micheal Ondoga
Ca pt. Agnes Musoke
L T George Mawa
WOI Arinaitwe Fred
Capt. John Matovu
Capt. Moses Wandera
Capt. Wilson Mwesigwa
Jean Francois
Court opened at 08 :40 A.M
Accused matched in
Members rer;ninded they are already on oath .
ACCUSED : I will speak in Swahili .
Members introduce themselves .
Ace : No objection to any of the members.
Pica taking :
Right of rcprescntation explalncd .
Capt. Wilson Mwesigwa for the accuscd .
Capt. Moses Wandera for the Statc .
COUNTl
Chairrnan
Member
J/A
Pros.
D/Cowisel
lnterpreter
Chairman:
Chairman reads the charges on count 1 (see charge shect) . Explained .
Have you heard and understood ?
Accused: Yes Sir.
Chairman :
Accused:
J/A:
Chainnan:
Ace:
Chairman:
Ace:
J/A:
Chainnan:
Ace:
Chainnan:
Ace:
J/A:
Chairman:
Ace:
Chairman:
Ace:
J/A:
Chairman:
Ace:
J/A:
Chairman :
Ace:
J/A:
Prosecutor:
Did you commit the said offcncc ?
I didn't doit . .
Plea of not guilty entered .
COUNT No. 2 Read and Explained
Have you heard and understood ?
Yes Sir.
Did you commit the offence ?
I didn't do it .
Plea ofnot guilty in respect to count No. 2
COUNT No. 3 Read and Explained .
Have you heard and understood ?
Yes Sir.
Did you commit the offence ?
I didn't do it .
Plea of not guilty on count 3 .
COUNT No.4 Re.ad and Explained
Have you heard and understood the charge?
Yes Sir
Did you commit the said offence ?
I didn't doit.
Plea ofnot guilty :i:i-1t erod
COUNT No. 5 Rcad and Explained
Did you commit the offence ?
No Sir.
Plea ofnot guilty. jlntored
COUNT No. 6 Read and Explained
Did you commit .the said offence .
I never did it ..
Plea of not guilty entered 6
Prosecution will adduce evidence that on or about 23 rd May, 2001 at Gemena Police
g011ed with. SMG UE 0253 at around 11 :00 am came and sald he wanted to talle withhi.s.in. fàws ·who had been arrested on the 23rd May, 200 1 . Tl1at the authority led the accused up
to the cell where suspects were, on arrivai there the accused talked with two ofthem
for some time.
That the accused demanded that he be given the two to take them to the UPDF Gemcna
Airport.
That the guard sensed a hidden agenda and decided to return the 2 suspects to the cells .
That accused got annoyed and w:::s heard shouting loudly at the guard and shortly
thereafter, the accused shot a bullct into the police cell . The accused shot other bullets
consequently of which led to the shooting and killing of the 06 suspects in the cells .
ie 1. Monke
2
TIOE REPUBLIC OF UGANDA
UGANOA PEOPLES DEFEN E
UPDF/GCM/017/ 2001
UGANDA ... . ... ..... .. . .... . . ...... ... .. ... ... ... . ...... .. . .... .... . .... . ......... PROSECUTOR
vs
RA 134917 PTE OKELLO OTINI TONNY ...................... . ........... ACCUSED
FINAL VERDICT
The accused person RA 134917 PTE Okello Otîm Tonny of 35BN (OSH) was charged in this
general court ma11ial on 6 cou nts of murder in that on or about the 23rd day of May 200 l be with
malice afore thought shot and killcd 06 inmates at Gemana Police station celb in Gemena District
(DRC) contrary to Cap. l 06 of the laws of Uganda.
Thé accus,ed pleaded not guilty in respect of ail the counts.
1
Prosecution led by captau1 Moses Wandera led evidence to prove the said charges by calling in ail
06 witnesses and tendering into Court 10 exhibits.
At the close of the prosecution case the accused through his counsel Capt. Wilson Mwesigwa
subrnitted on a no case to answcr. This honourable gcneral Court Martial found that there was a
prima-facie case and the accuscd \\as consequently putto his defence.
In his defence the accused opted to give an un sworn statement. He also called 02 other
witnesses .
This Cow1 has had the benefit of listening to the final suhmissions of both counsel for the t,1ate
and the defence. Wc also heard the summing up and advice on the Iaw from the leamed Judge
Advocate.
This Court was <luty boun<l to make decis ions on the following issues/questions regarding each of
the 06 charges.
a) Whether death occurred of the deceased
b) Whether it was unlawful.
c) Whcther it was of malice aforethought
d) Whether there are any defences available to the accused person.
Aller considering the J.A.S advice, the arguments from either side and after very careful
deliberations, the court came up with the following findings.
1. That death occurred in respect of ail the counts. We based oursclves on the evidence of PW 4
Dr. Mumbeta Temoyala who made the 06 death certificates and post mortem reports which
were exhibited before this Court. Among others, the cause of death in re;;pect of ail six cases
wus excessive extcrnal and internai blccding, ancamca, shock due to bullet wounds. The fact
of the deaths was also corroborated by PW3 & PW5's testimonies and consented to by the
defence.
2. Undoubtedly the deaths or the acts ofkilling were unlawful.
3. We are convinced beyond reasonable doubt that the accused Pte okkello Tonny caused the
said deaths because;
a) PW3 gave cogcnt testimony before this Court that he pcrsonally saw the accused shoot
and kill the first victim and thcreafter at the scene of crime.
b) Te accused admitted having committed the offencc in his defonce and put the defcnce of
intoxication and begged for forgiveness in Court.
c) The proximity between th,~ cell (scene of crime) and where PW3 (chief) was, enubled
him to clearly identify foc accused as it was 11 :00 am during the day. · This is
corroborated by testimonies of PW, and PW2 who saw the accused at close range and
who interacted with him immediately before the unfortunate in cidellt. Its on record that
the accused identified hirru,clf as Okello a Ugandan soldier carrying a tire arm.
d) The accused somchow admitted responsibility to the arresling officcr. He also admitted
before this Court the ownership of the killer gun UE 0253 SMG exl:ibited as PE 8. The
said gun had a fresh smell of gunpowder. The arresting officer recovered 21 erapty
cartridges and the magazine the accused had was found to have a balance of 09 rounds.
4. We unanimously find that malice aforethought can easily be inferred in the instant case from
the lethal weapon used SMG an assault riffle and the nature of the wounds inflicted on the
victims which in almost ail the cases led to instant death. This position is supported by the
way the accused r~peatedly shot at the first victim given after be had fallen frotn the effect of
first bullet.
5. We find that the defence of intoxication cannot stand because;
a) PWl and PW2 invariably testified that the accused looked sober when he approached
them.
b) The manner in which the accused acted was systematic importing a pre-conceived plan.
c) Nowhere is it shown that the accused was forced to consume alcohol and neither doe:-; the
consumption of the same necessarily lead to intoxication which the defence was trying to
clingto.
6. The defence contention that the darkish condition in PW3's office woulct impair his visio11 of
the well lit outdoor was misconceived. On the contrary he was better placed to see clearly
what transpired in the brighter outside.
We therefore find as follows:
Count 1
You Pte Okello Otim Tonny, are \ound guilty of the murder of one Mr. Monke Lambo Nzabilo a
Congolese citizen. You are conviçted and sentenced to death by hanging.
Count2
You Pte Okello Otim Tonny, are, fo1,1nd guilty of the murder ofMr. Bomboko Sjfio a Congolese
citizen. You are hereby convicted and sentenced to death by hanging.
Count 3
You Pte Oke41 lo Otirn Tonny are found guilty of the rnurder of Mr. Ggedema Tukia
a Congolese citizen. You are to thcrefore convicted and sentenced to death by hanging.
Count4
You Pte Okello Otirne Tonny are found guilty of the murder ofMr. Apala Zoma Tipeli
a Congolese citizen, You are to therefore convicted and sentenced to death by hanging.
Count 5
You Pte Okello Otime Tonny are found guilty of the murder ofMr. Kongawi Baya
a Congolese citizen. You are to therefore convicted and sentenced to death by hanging,
Count 6
You Pte Okello Otirne Tonny are found guilty of the ITILtrder ofone Mr Demogale Batole
a Congolese. You are to therefore convicted and sentenced to death by hanging.
Sentence in respect to count 2, 3, 4, 5 and 6 suspended.
lfyou are not satisfü:;d by the decisions ofthis General Court Martial, you may appeal to
a higher court within 14 days.
Under my hand and the seal ofthis General Court Martial this 3 rd day of July the year
2001 at Gemena.
' .. ' ' ..... ' . .......... ;,(,f,/f( ...
GENERAL COURT MARTIAL
NATIONAL RESISTANCE ARMY
STATUTE, 1992.
REPRODUCED BY:
The Law Development Centre.
P.O. Box 7117 , Kampala. Tel. 532884
CORRIGENDUM.
At page 6 of the National Resistance Army Statute
(Statute No. 3 of 1992) for the date of commencement substitute
24th April, 1992.
STATUTES
SUPPLEMENT No. 3 20th March, 1992
STA TUTES SUPPLEMENT
to the Uganda Gazette No. 12 Volume LXXXV dated 20th March, 1992.
Printed by the government Printer, Entebbe, by Order of the govemment.
Statute No. 3 National Resistance
Army Statute
THE NATIONAL RESISTANCE ARMY STATIJTE, 1992.
ARRANGEMENT OF SECTIONS.
PART 1 - ORGANISATION
Section.
1. Raising of the Army.
2. Composition.
3. Composition of Regular Force.
4. Composition of Regular Reserve.
5. Full-rime active service.
6. Reserve Force in training.
7 . Employment of civilians.
8. Commander-in-Chief of the Army.
9. National Resistance Army Council.
10. High Command.
11. Comnùttees.
12. Board oflnquiry
PART II - PERSONS SUBJECT TO MILITARY LA W.
13 . Army Code ofConduct.
14. Persans subject to military law.
15. Treachery.
1992
/
(
' l
11
Statute No. 3
S«tûm.
16. Subversion.
17. Mutiny.
Nùtùmal Resistance
Army Statute
18. Disobeying law:ul ordera.
19. Failing to exccme one'a duties.
20. Offcooe relating to prisoncra of wu.
21. Violence to a aupcrior officer.
22. Insubordinate bchaviour.
23 . Quarrcla and <listurbanccs.
24. Disorden.
25. Abuse of inferiors.
26. Scandaloua conduct by officers.
27. Drunkenness.
28. Cowardicc in e,1 ion.
29. Offences by persans in command whcn in acLion
30. Brcaclûng conr.calmcnt.
31. Persona) intereil.1 cndangering operational efficiency.
32. Failure to protect war materials, etc.
33 . Carelcsa shooting in operation.
34. Failure to brief, etc.
x_ 35. Offenccs rdntiug to operations.
36. Offences rclating to security.
37. Sprcadinr; harmiul propaganda.
38. Desertion.
39. Connivance at àes crtion, etc.
40. Absence without leavc.
41. False statement in respect of ltave.
42. !\llalingeting or mairuing.
43. Taking or po.ssessing drugs.
2
1992
Statute No. 3
National Resistance
Army Sta:tule
MISCl!IJ.A.'11!008 ÛFFE:NCl!S.
. +t . Intérfering with the proccsa of law.
4S. Unlawful' dctcntfon of penon ir• cuatody.
46. N egllgcn: or wilful interference with lawfol custody.
47. Escape frOIIl ewtody.
48. Obstruction of police dutiea, etc.
49. Offencea in re~tion to convoys.
50. Loaing, stranding or hazarding ve,acla.
SI. Wrongful acta in relation to airerait, etc.
52. Low fiying.
53. Inaccurat.: ceitilieate.
54. Dangcrous acts in rdation to aircraft:a, etc.
55. Diaobedience of captain'a ocdera.
56. Diaturbanoea in billets. etc.
57. A~pt to hijaâ ~t, ves&e!, etc.
58. Offencea in relation to documenb.
59. c.;napiracy.
60. Caming fire.
61. Uaauthoriaed Ulle of vehiclea.
62. Destruction, la.a ~r improper dilipoeal of property.
63. Selling or pawrung decorationa.
64. · Falae w:uaation, etc.
65. Conduct prejudidal to good order and discipline.
66. Other offenoes.
67. Offencea in respect of militsry courta.
68. Service trial of civil oOEencea.
69. Conviction for rdated or leu aeriom offencea.
70. Aiding or abctting commiaaion of offencea, etc.
3
1992
Statute No. 3 . Anny S taiute
National Resistance
PART III-TluAL AND Pomsm.OENT oF SERvtcx OFFENàs.
S,ctwn.
71. Arrest gencra!ly.
1992
72. Appointment and powe111 of specially appointed peraonild.
73. Disposai of per'son arrested. ·
74. Thé report of Jelay of trial.
7S. Convening authority.
76. Composition and powera of a Unit Diaciplinary Commh.tee.
77. Fidd Court Martial.
78. lncligibility to serve ~n Field Court Martial. .
79. Diwion Court Martw.
80. Genenl Court Martial.
81. Provisions applying to Diviaion C.urts Martial and the Gwen.(
Court Martial.
8Z. CertAin catcgory of officers to ait on a military. rourt.
83. Court Martial Appeal Court.
84. Juriadiction of Court Martial Appeal Court.
85 . Disallowing appeal.
86. Setting aside linding, etc.
87. Punishments subject to mitigation.
88. Occisions.
89. Pcinciples of civii courts to be observed genera!ly.
90. Jurisdiction of civil courts.
91. Prerogative of mercy.
92. Scalc· of punishrnents.
93. Provisions wherc accused found insane.
LIMITATIONS.
94. Limitation of iuri.sdiction.
95 . Autrefois acquit and autrefois convict.
96. Quashing of finc,li.ng of a military.court.
4
. -
Statnte No. 3
Sldion.
National Resistance
Aimy Statûte 1m~
97. Subatituting of findings for original findings of military CQ\lrt.
98. New trial.
99. S1,1bstitution of puniahmcnts.
100 . Mitigation of punishmcnts, etc.
101. Effect of new punishmcnt.
102. Saving provision.
103. Army Fund.
104. Rcgulationa.
105. Continuancc of exiating Forces.
. .
106. Application of Statute to juvenilc militant.a.
107. Application of statute to womcn.
108. Interprctation.
109. Repeal and sa:,'ing-, Cap. 295.
Scheduu.
5
Statute No. 3
Natiomil Rcsistance
Army Statute 1992
(8) an officer who is under the age of eighteen years;
or
(f) any persan who prior to the proceedings of the
court martial participated in the investigations
of the case against the person charged.
79. (1) There shall be in each Division. a Division Court t•u~on
Martial which shall have unlimited jurisdiction to try any Martial.
offence under this Statute.
(2) A Division Court Martial shall consist of,
(a) a Chairman who shall not be below the rank of
Major;
(b) _ two senior officen1;
( c) two junior officers;
(d) a Political Cmnmissar;
(e) one non-commissioned officer,
ail of whom shall be appointed by the High Comrnand for
a period of one year.
80. (1) There shall be a General Court Martial which Gcncr•l
shall have both original and appellate jurisdiction 0ver ail Court
Martial. offences and persans under this Statute.
(2) The General Court Martial shall consist of-
(a) a Chainnan who shall not be below the rank of
Lieutenant-Colonel;
( b) two senior officers;
(c) two junior officers;
(d) a Political Comrnissar; and
(e) one non-commissioned officer,
ail of whom shall be appointed by the High Cornmand for a
peri od of one year.
(3 ) The General Court Martial rnay sit at any place
in Uganda.
41
-AflMYNO
RANK
NAMES
F_UNU
FATHER
DISTRICT
COUNTY:
SUBCOUNTY:
PARISH:
VILLAGE:
PHASE
RA/134917
PTE
OKELLO OTIM TONNY
1D!V GAR
OTIM OJUKU
APAC
OYAM
ABER
KAMDINI
ABANYA B
NON EFF !Dl
RECKONABLE 06YRS 130DAYS 0 _ 01S 1-1
CERT_ NO 0000370 D_ EN Tll
Rl!:ASON NON EFF ER I ·Y:
S INFORMATION
STATUS
10/14/2004
6/7/1998
Response of Uganda to the questions put by the Court