Reparations for warlord victims in Congo
The International Criminal Court (ICC) has ordered that reparations be paid to the victims of Congolese warlord Thomas Lubanga.
Lubanga was sentenced last month to 14 years in prison for recruiting children in his rebel army, the Union of Congolese Patriots. This is the first time The Hague court has ordered reparations for victims.
In a press release, the ICC said that proposals for reparations will be collected by the Trust Fund for Victims and presented to the ICC Trial Chamber for approval. The fund was set up under the Rome Statute in 2002 to benefit victims of crimes and their families.
Who are the victims?
The ICC defines potential beneficiaries as: “direct and indirect victims who suffered harm following the crimes of enlisting, conscripting and using children under the age of 15 in Ituri in the Democratic Republic of Congo (DRC), from 1 September 2002 to 13 August 2003. This includes the family members of direct victims, along with individuals who intervened to help the victims or to prevent the commission of these crimes.”
The number of people entitled to receive compensation is still unclear. According to the Trust Fund for Victims (TFV) Executive Director Pieter de Baan, that number could be in the thousands. The budget for reparations will be determined after thorough research in the DRC. "Together with the TFV, a team of experts will consult with victims and their communities on how the reparations can be implemented," De Baan told RNW.
Hopes of former child soldiers
According to the ICC press release, forms of reparations by the TFV may include the following: “campaigns to improve the position of victims; issuing certificates that acknowledge the harm they suffered; and outreach and promotional activities, along with educational programmes, which provide information and are directed at reducing the stigmatisation and marginalisation of the victims, avoiding discrimination of any kind”. These programmes may well be carried out by local NGOs.
Before the Lubanga verdict was announced, Goma-based RNW correspondent Mélanie Gouby spoke to some of the warlord’s victims. Her findings made it clear that in the decade since the Second Congo War ended, former soldiers have matured, but so have their real-life needs.
One former soldier Gouby interviewed said he hoped for money to boost his business. “I own a small grocery store in town,” 24-year-old Guillan was quoted as saying. “But that is just me; we all have different desires.” The same man expressed scepticism about current rehabilitation programmes that aim to reintegrate former soldiers into their communities. “I don’t have time to go to meetings where we sing stupid songs,” he said, referring to one of the increasingly age-inappropriate pastimes at such reintegration sessions.
Involving the locals
In any event, Guillan and his fellow former child soldiers can count on more than symbolic gestures: consultations with victims may in fact result in programmes that help people set up businesses. According to De Baan, however, cash will never literally be put in their hands. “We don’t have enough money for that,” explains the fund director. “Plus, it could have a stigmatising effect. Some victims are seen as offenders. People would look disapprovingly at them if they received money.”
De Baan specifies that the TFV’s team will now involve local communities and their leaders in the region, paying special attention to vulnerable groups such as child and female victims. In the meantime, the fund will explore how their finances can be supplemented.
Alongside their fixed contributions to the ICC, countries can donate to the fund. Last year, the Netherlands donated a quarter of a million euros. The TFV is discussing possible future donations with a number of African countries. The Democratic Republic of the Congo is not presently a donor but, according to De Baan, good cooperation between the fund and the country involved in a compensation case is a prerequisite for successful reparations measures.