Communication 431/12 – Thomas Kwoyelo v. Uganda
174.
In order to determine whether the Victim was treated differently from other
amnesty applicants without any reasonable objective, it is imperative to assess the
relevant provisions of the law, the Amnesty Act in this case, and compare their
interpretation and application in the case of the Victim with that of the other
reporters.
175.
Relevant sections of Part two of the Amnesty Act of 2000 which relates to the
granting of amnesty provide that:
3.1. An Amnesty is declared in respect of any Ugandan who has at any time since the
26th day of January, 1986 engaged in or is engaging in war or armed rebellion against
the government of the Republic of Uganda.
3.2. A person referred to under subsection (1) shall not be prosecuted or subjected to
any form of punishment for the participation in the war or rebellion for any crime
committed in the course of the war or armed rebellion.
176.
The above quoted provisions give general amnesty to rebels whereby no
offences are excluded and all forms of insurgency are covered. This
assertion/interpretation is also supported by a 2012 paper on the Amnesty Act
prepared by the Justice Law and Order Sector for the consideration of the
Transitional Justice Working Group, which was annexed by the Respondent State
as evidence. The paper expounds that ‘according to the Act, amnesty is granted to
anyone who ‘renounces rebellion’, and as such, treats all reporters alike,
overlooking the category of crimes allegedly committed (including war crimes,
crimes against humanity or gross violations) and failing to require any accounting
of the facts/truth in exchange for amnesty. In terms of the pursuit of accountability
47
62nd Ordinary Session, 25 April – 9 July 2018