Juliet Hatanga: The grit behind justice for LRA victims

Her master’s degree thesis interrogated the impact of the Lord’s Resistance Army (LRA) insurgency, so, it was no surprise that she was involved in the trial of LRA war commander Thomas Kwoyelo. Juliet Harty Hatanga, the deputy registrar of the International Crimes Division of the High Court in Uganda, co-ordinated court processes that saw to his conviction, ending a 15-year wait for justice.

When and how did you come into play in this case?

I had followed Kwoyelo’s case since his arrest in 2009, and my master’s degree thesis interrogated the impact of the LRA insurgency, and post-conflict economic opportunities. So, peace and security have always been a subject close to my heart. This case gave me an opportunity to apply my expertise in this field.

Who is Juliet Harty Hatanga?

I am the deputy registrar at the International Crimes Division (ICD) of the High Court. Simply put, I am responsible for the day-to-day running of the court. This entails co-ordinating general administrative duties like managing the registry, case management, victims and witness support. I co-ordinate the activities of the court with the different justice stakeholders such as the Directorate of Public Prosecutions and Uganda Prisons. So, in the case of Uganda Vs Thomas Kwoyelo, my role was to plan and give support to all the teams. The unique thing about this case is that it was more involving; I was required to attend all sittings in person.

For many Ugandans, the LRA war was something they watched on TV. How did this case affect you as an individual and your perception of humanity?

During the outreaches, I learned that there are so many victims who need reparation for the harm suffered as a result of the insurgency.

However, currently we do not have a law to guide transitional justice in the post-conflict era. The traditional Justice Policy of 2019 still awaits the enactment of the Act.

Enactment of the law would go a long way in bringing closure, healing and resilience among the affected communities.

While we are moving in the right direction, the court alone cannot provide a solution. There is a need for other state and non-state actors to be engaged.

When the justice needs of the community are unmet, it undermines the potential of the post-conflict economic development programmes.

There must have been moments where you felt disheartened by the case…

What I found most disheartening about the case was telling victims that they were not victims in this case.

You see a victim should be a person who suffered harm either individually or collectively. The harm could be physical, economic or emotional. However, there must be a causal link between the harm suffered and the acts or omissions of the convict.

Now, you know the LRA insurgency took over two decades, wiping out a whole generation.

There were many actors involved, not just Thomas Kwoyelo. So, how do you tell a person who lost a limb, is carrying bullets in their bodies or was sexually violated that they are not recognised victims because their injury or harm was not caused or linked to the suspect? It just sounds insane. This realisation doesn’t leave you the same.

Surely, there must have been some exciting moments……

What I like most about the case was that it conjured up different legal principles, from international criminal law, to domestic criminal laws, with a take on transitional justice.

Hatanga (third-right) during a court session.

So, the sheer novelty of the case was exciting for me. Also, working with renowned judges, great defence and prosecution teams, made the courtroom experience very theatrical.

What were the challenges that stood out for you in this case?

Witness protection. Currently, there is no legal framework in Uganda for witness protection. We overcame this by visiting the International Residual Mechanism for criminal trials in Arusha, Tanzania. We were able to pick the best practices and incorporate them into procedures.

Did you face any human resource challenges given the case’s complexity and length?

The ICD has only four substantive judges. Justice Susan Okalany of the International Crimes Division had determined the pre-trial, so she couldn’t hear the trial, following the ICD Rules of Procedure and Evidence. This created the need to co-opt judges from other courts to ensure continuity in hearing other cases at the ICD.

As a result, judges were brought in from various courts: Criminal Division head Justice Michael Elubu, Commercial Division head Justice Stephen Mubiru, High Court head Justice Duncan Gaswaga, a circuit judge for Lira city; and Justice Andrew Bashaija, an alternate judge and the head of the International Crimes Division.

These judges had to find time for this case, which led to delays in their own cases.

It was also the first time the court had to handle witness protection without a substantive legal framework. The complexities of the case and the nature of the evidence were demanding.

Preserving the court records electronically was unprecedented.

Imagine transporting a full van of court records every time the case came up for hearing in Gulu High Court — protecting the records from damage or compromise was a constant worry.

What kept you going?

I am a prayerful person. I recall a time when we felt stuck. The judges looked exhausted, like they had a brain freeze, yet funds had already been committed and dates set. I called out to the chief registrar and asked her to pray.

Hatanga says she ensures she spends quality time with her family.

On another occasion, just before the judgment was called, the judges went on lockdown. I knew the pressure that we were all under. I engaged the IT team to start playing the case history because the viewers were dropping off online. Journalists were like armyworms watching. I called the support team; we held hands in the judge’s chambers and prayed for divine intervention. It worked.

What is your view on Kwoyelo being subjected to the traditional justice system that seeks forgiveness and reconciliation?

While the court has indeed promoted use of alternative dispute resolution, during the trial, Kwoyelo was asked if he would be willing to participate in mato oput (drinking the bitter root, a reconciliatory ritual). The convict outrightly rejected the suggestion. The court cannot impose; it is the duty of the accused to move the court.

I believe in transitional justice and traditional justice is one of the available methods. Traditional justice has been practiced in other jurisdictions like Gacaca in Rwanda, Fambul in Sierra Leone and Ubuntu in South Africa. My only concern is that it should be gender sensitive

Will we see more people prosecuted in relation to the LRA war?

On prosecution of more LRA combatants, it is not the duty of the court to prefer charges against an accused. The Constitution gives that mandate to the Office of the Director of Public Prosecutions. What I can comment is that the court has demonstrated competence to try these cases.

The case has brought to light the suffering of the victims of the LRA insurgency. It has exposed the need for a comprehensive approach to the victims of the war.

What is the next big case at the court (the ICD)?

The ICD has many high-profile cases, as you know, the court specialises in hearing national and transnational crimes. These include terrorism, trafficking in persons and piracy. There are several cases lined up at the division before different judges and panels, for example, the Joan Kagezi, Jamil Mukulu cases. The parties have been waiting for justice to come to fruition.

‘Grit is my secret to success’

What is your secret to success? Grit. Failure is not an option. To me, success is about my ability to achieve the end goal. I exercise a lot of managerial courage. For this case, I had a lot of consultation with top management in the Judiciary to synchronise tasks accordingly.

How do you balance your work and family life? The work of a court registrar is quite demanding. It is even more heightened when you are a female court registrar. This is because of the various roles that women play in society. I take care of my mental health and believe in goal setting as well as prioritising. I get a lot of satisfaction from my work, but I also believe in family.

My children are young and in their formative years, so I am deliberate in ensuring I am a present parent. As for friends, I try to stay connected by showing up for them.