13
able to provide detailed and concrete evidence about the legislative and other
measures, such as the use of child-sensitive procedures to protect children from
hardship during questioning, including by the use of child-sensitive methods of
questioning; and by reducing the number of interviews, statements and hearings. As a
result, children that were separated from the LRA and have gone through a questioning
process might not have had their right to have their best interests respected fulfilled.
51.
States Parties to the African Children’s Charter also need to effectively
implement the right to a remedy which includes a right to reparation,14 as an element of
the due diligence obligation. This entails providing reparation to victims for acts or
omissions that can be attributed to the State, or for their failures to meet their
international obligations even when substantive breaches originate in the conduct of
private persons. In this respect, it is important to mention that the African Committee,
while recognizing the contribution of the Amnesty Act of 2000 to the return,
demobilization and reintegration of thousands of children forcefully recruited by the
LRA, it is concerned about the fact that the same Act does not necessarily follow the
criteria for granting amnesties under international legal obligations of the State. As a
result, such law may have led to impunity of those that would have been involved in the
recruitment and use of children in hostilities.
52.
One response to the instability experienced by the citizenry was the
establishment of local militias drawn from the community to supplement the defence
capacity of the UPDF. Some have argued that the establishment of such units by local
communities to protect themselves against LRA is a consequence of the weakness or
absence of State security forces and the judiciary in the areas affected by the conflict.
The Government of Uganda provided recognition and support to the local militias
(known as local defence units or LDUs). It has been argued that the establishment and
control of the LDUs was not well thought through. The LDUs fell de facto under the
responsibility of the UPDF, it appears. Evidence of Government support to LDUs in the
form of training, munitions, direct financial support and basic foodstuff were presented.
53.
In principle, members of the LDUs (also known as “home guards”) were
supposed to be at least 18 years of age, be in good health, have completed their level
S4 or above, and present a recommendation letter from a Local Councilor (LCI). While
reportedly, the responsibility for the recruitment process of LDU members fell on the
shoulders of the Local Council IIIs (sub-county leaders), local leaders were responsible
for age verification of candidates, as they are presumed to know the person and his or
her family. However, the “unofficial” recruitment process, largely condoned as a result of
the poverty of some of the candidates, often bypassed the Local Councilors, and did not
require education and age verification. Reports where children directly approached
14
This right has become firmly enshrined in the corpus of international human rights and humanitarian instruments. See for
instance, The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of
International Human Rights Law and Serious Violations of International Humanitarian Law (Adopted and proclaimed by General
Assembly resolution 60/147 of 16 December 2005).