The king of the mid-western Uganda Bunyoro-Kitara kingdom, Omukama Solomon Gafabusa Iguru has hinted that his kingdom is still awaiting compensation and an apology from the British government over war crimes he alleges the British Crown committed in Bunyoro.

Bunyoro king, Omukama Solomon Gafabusa Iguru

Iguru told his Kingdom’s Parliament on Saturday that as individuals and companies led by UK’s Tullow oil scramble for oil in his kingdom, the people of Bunyoro are increasing their demand for “due compensation from Britain”. Huge oil deposits have been confirmed in mid western Uganda and preparations for oil production are in high gear with an oil refinery planned in Hoima, the capital of Bunyoro Kingdom.

Iguru says as the kingdom continues to demand a fair share of proceeds from the oil, the kingdom expects more money to come from Britain to help develop his people whom he says suffered gross human rights violation and torture from British colonial officers.

The King of Bunyoro-Kitara Kingdom, Solomon Gafabusa Iguru announced in 2005 that he was about to sue Britain for war crimes allegedly committed by the British, but the kingdom has in recent years opted for a political solution to lobby the UK.

Iguru on behalf of his subjects wants compensation of £3.7 billion (more than 10 trillion Ugandan shillings) from the British government for war crimes allegedly committed against the kingdom between 1891-1899 when Iguru’s grandfather Omukama Kabalega greatly resisted the British colonial onslaught on Bunyoro kingdom.

The Omukama is accusing the British of killing and raping of civilians, organised pillage, wanton destruction of food crops, torture, intentionally infecting Banyoro with syphilis and other abuses against prisoners of war – including his grandfather king Kabalega, who Iguru claims was imprisoned without trial in the Seychelles for 22 years.

Much of the evidence for the case, which the kingdom has compiled into a book, has been got from the field diaries of British colonial officers, who kept detailed records of pillaging expeditions in their authentic handwritings.

Many local and international commentators downplayed his intended suit on grounds that Iguru’s kingdom is not a state. Only states can bring cases before the International Court of Justice. Bunyoro-Kitara like other Kingdoms reinstated by the government of Uganda in 1993 is recognized as a cultural institution and the king is a cultural and ceremonial head.

“We shall sue them in the International Criminal Court, which is based at The Hague. Organizations and individuals can sue or be sued in this court. This is the Court where the government of Uganda recently sued rebel leader Joseph Kony,” Omukama (King) Iguru told Ultimate Media in an earlier interview. Iguru says the legal option is still being considered if the United Kingdom doesn’t not compensate Bunyoro and apologise for war crimes.

While apart from the words there is no certain move by Iguru to sue, finding an appropriate place where to file his case should be one important step in what is expected to be a historic case should it come to mention in any court.

Britain which is saying as little as possible on the case has only gone on record to deny that they have a case to answer, sighting the length of time that has passed since the alleged crimes were committed. They also argue that the laws under which Iguru wants to sue were not in place when the alleged crimes were committed.

“With regard to war crimes, statutory limitations don’t apply except for specific crimes. Iguru’s lawyers will argue that the crimes are grave enough that it shouldn’t matter how long ago they were committed,” says Henry Onoria, a senior lecturer in international law at Uganda’s Makerere University.

Also, experts are not agreed on whether any laws can be found prior to the 1948 Hague Conferences against which colonial atrocities can be judged.

“We are suing Britain under international customary law. These customary laws existed long before the UN conventions were codified. We are suing Britain for criminal violations of human rights and such violations have been recognized by the international community since 1714,” argues Iguru who says he has lawyers in Britain and Uganda working on the case.

Onoria agrees with Iguru. Onoria says The Hague and Geneva conventions embody international laws, which were widely accepted in the late 19th century and they might apply in this case. ” You have got things like the 1868 St Petersburg Declaration, which forbids plunder and the like,” he says.

“Their actions violated the rights of the people invaded. We have documentary evidence of the abuses in original handwriting of their field commanders. Orders and reports of killings, pillage and plunder,” adds Iguru.

Documents seen by Ultimate Media on contemporary international law define gross violations of human rights to include crimes such as torture, cruel and inhuman treatment, murder, rape, genocide and apartheid, many of which Iguru is accusing Britain of committing. But how can one seek justice in such instances?

The most elaborate provision for reparation to victims of international crimes, including gross violations of human rights, is the Rome Statute of the ICC.

However, the statute came into force in 2000 and can only apply to crimes committed after the date of its entry into force, i.e. the Statute of the ICC will not apply retrospectively, another reason why Iguru may not have filed a suit.

The Uganda government recently sued the leaders of the Lords Resistance Army rebels led by Joseph Kony who have committed countless atrocities in northern Uganda, and warrants of arrest have been issued for the LRA leaders. more on page 2 below

Pages: 1 2