Reluctance by Uganda to institute a comprehensive independent investigation into the killings in Kasese District appears to undermine its efforts to deliver equitable justice, says the Human Rights Watch (HRW), the European Union as well as the US Mission in Uganda.

The government’s inflexibility carries the risk of fraying relations with its partners and could boost a petition currently before the International Criminal Court against security officers who commandeered the assault.  

“An investigation with international expertise could play an important role in further assessing what crimes may have been committed in Kasese,” said Maria Burnett, an associate director in the Africa Division of HRW.

But, Phil Clark, who is working on a book about the ICC’s work in Uganda and DR Congo, said that whereas the court has taken petitions by non-state actors seriously, none has developed into full-blown criminal investigation.

Last December, the political leadership from Kasese petitioned The Hague-based court to start investigations into “indiscriminate murder, massacres, and acts of genocide and extensive destruction of property against the Rwenzururu Kingdom.”

The petition, which the ICC received and lined up for consideration, came one month after a bloody military assault on the palace of the kingdom in which a contested number of people were killed. Whereas the government says 103 people were killed, HRW claims the attack claimed more than 150 people, who include at least 15 children.

According to politicians, the intervention by ICC was necessary because “there cannot be any credible investigation by the state authorities in Uganda, particularly the state security forces, in crimes committed by them.”

In its March 15 report on the Kasese Killings, HRW said whereas the government is under obligation to promptly investigate any operation where there is such huge loss of life, there is presently “limited prospects for a credible follow up by domestic authorities.”

“In a telephone interview on February 24, 2017, Uganda’s military spokesman Robert Karemire, told HRW that there has been no investigation into the military’sconduct and that none is planned,” it states in its report.

For this reason, the rights organisation says “an independent and impartial investigation should be conducted urgently.”

Move unnecessary
However, the government says this is unnecessary.

According to its spokesperson Ofwono Opondo, not only does Uganda have sufficient “independent investigative capabilities if there is a need,” HRW’s recommendations were “untenable for now” since the matter was before the country’s courts of law.

The call to suspend some commanders from their duties or restrain them from conducting government duties is uncalled for and unacceptable. The main focus of the government has been to pursue criminal investigations, prosecute suspects and restore order, which is being achieved,” said Mr Opondo, in response to the HRW report. 

“The Embassy urges the government to conduct or permit a fair and independent investigation into this incident in the interest of upholding the rule of law. The Ugandan people deserve a full and factual accounting of the events in Kasese, which the government has not yet allowed,” said a statement from the US Embassy in support of the HRW report.

According to the EU, “For justice to be impartial and complete, the conduct of the security forces during the raid on the Rwenzururu palace should also be subject to scrutiny, with their full co-operation.”