Tuesday, 12 March 2011- In Mr. Lubanga's next move to refute the allegations against him, he brought to the judges' attention the evidence of Mr. Origen Lokana Nyamukale, the Coordinator of the Hema self-defense forces in Ituri. The witness, who testified publicly via video link from D.R. Congo, emphasized the efforts made by the President of the UPC to demobilize under age children amongst the armed groups.
The witness explained that the self-defense groups were bodies set up by the local Hema population to enhance their security and respond to the act of aggression perpetrated by the Lendus. At that point in time, in 1999, when the Hema and the Lendu were enmeshed in a dreadful ethnic war and the government in Kinshasa was unable to control the region and provide any kind of protection, each community set up such groups. According to the witness, those committees were composed of all young people no matter the age. The only requirement was being capable of carrying some sort of weapon: machetes and bows and arrows, but also automatic weapons purchased with the money of the community from the soldiers of the APC (the armed wing of the Congolese Rally for Democracy, the rebel movement that controlled the region at that time) and the Ugandan soldiers. As he explained, these self-defence committees existed until 2004, when UN forces were deployed in Ituri and all the armed groups were demobilized.
For the Defence Mr. Nyamukale's testimony showed that the accused never endorsed the presence of children in any armed group. The witness testified that in 25 February 2003, the President of the UPC held a meeting with him, as coordinator of the self-defense committees, and several others, in order to discuss the disarmament of children under the age of 18 in the self-defense groups. "He asked us to disarm under-age children, that was the main point in the meeting. He said if we refused to take the arms from the children, he would send his troops to do it," he explained. According to Mr. Nyamukale, Thomas Lubanga asked them to hand over the weapons in the hands of children to the UPC, an ask which was difficult to accept for local communities, who would feel otherwise defenceless. "The discussions were very intense, but finally we agreed [on children]. But the committees would still keep their weapons," the witness said.
During cross-examination, the prosecution emphasized the fact that in 2002, the witness encouraged young people in his community to go the UPC military training camp in Mandro to receive military training and then come back to defend their own villages. As stated by the OTP, amongst those youngsters there were also children under the age of 15. "No, we sent adults," said the witness denying the accusation. "Those under the age of 15 stayed with us."
The prosecution also suggested that Thomas Lubanga exerted some kind of control over these Hema self-defense groups. The OTP asserted that Lubanga received petitions from the Chiefs of the Hema communities asking for UPC protection. In the prosecution's view, the UPC shared in fact a common goal with the self-defense committees: to defend the Hema communities from the Lendu attacks. These allegations were also denied by the witness.
Defence Witness 11: "Thomas Lubanga is not someone who would approve the presence of children in the army"
Before Mr. Nyamukale took the oath, another witness -Defence Witness 11- concluded his testimony. His name was Michel Angaika Baba, Thomas Lubanga's Personal Secretary.
As a part of the witness' responsibilities as Personal Secretary of the President of the UPC between September 2002 and March 2003 -the indictment period-, Mr. Angainka drafted documents following Thomas Lubanga's instructions. One of the documents the witness outlined was the decree that the group issued in June 2003 to demobilize all children under the age of 15 in the ranks of the Forces Patriotiques pour la Libération du Congo (FPLC), the military wing of the UPC.
According to the witness, the decree was issued immediately after Thomas Lubanga noticed the presence of children under the age of 18 in a UPC rally. Prior that time, Mr. Angaika denied the existence of children in the ranks of the FPLC. "When we returned to Bunia [in May 2003 after being chased out by the Ugandans and the Lendu army] we found these young people amongst the armed soldiers of the FPLC, [but] it was obvious they were not part of the UPC," explained the witness. "They had just appeared during the rally. I had not seen them before we left Bunia, [so Thomas Lubanga ] decided their immediate demobilization. Their presence was not part of his conception of what an army should be," affirmed Mr. Angaika.
However, in the Prosecution's view, the order to demobilize minors did not result from Lubanga's good intentions but from the pressures made by the international community. As the OTP indicated, the decree was in fact never implemented. "If i suggest to you that this demobilization never took place, and in fact the children were rearmed and used to fight?" asked the prosecutor. "That's not true," answered the witness. "They were rearmed to fight where?" he wondered. "After we returned to Bunia [in May 2003] there was no more fighting, the ARTEMIS operation [the EU-led military mission present in Bunia to stabilize the situation] was later deployed. They were demobilized, there is evidence that we established contact with different organizations in order to take care of the children." For Mr. Angaika there is no doubt the decree was implemented, as "it was something important for the President (...) He didn't want to have children in the army".
The Prosecution tried to prove that there were children in the UPC army prior to the date the witness mentioned (May 2003). The OTP showed the judges an internal report that could demonstrate the presence of children between the ages of 10 to 16 in the UPC ranks. The document was addressed to the G5 (top commander) in the FPLC, Eric Mubbasi, and it was signed by Mr. Adibango Biri, the National Secretary for Education and Youth. The report dated February 2003 was also copied to the President Thomas Lubanga and referred to the introduction of a demobilization and reintegration program of those children.
The witness offered and explanation. At that point in time the NGO Save the Children wanted to implement an international program on demobilization and reintegration of all combatants, including children. The organization just looked for a partner in the region, so the UPC, as the force governing Ituri, was responsible for the implementation of the program. "Adibango was asked by the President to maintain a contact with this organization. He was requested to take this exercise," described the witness. "The program did not concerned only child soldiers, concerned all individuals of any army who wanted to be demobilized. The UPC favored these activities."
In the Prosecution's view, these explanations seemed to be unrealistic. At that moment in time the UPC was immersed in a bloody battle against its enemies, the Lendu. Why should Thomas Lubanga have sought the demobilization of his troops? The prosecutor insisted once again: the order issued to demobilize under age children was never executed. "That surprises me," said the witness. "Thomas Lubanga has always insisted that the children should not serve in the army. I do not see this man, as I know him, to change his principles and start endorsing the presence of children amongst the ranks. Thomas Lubanga is not someone who would approve the presence of children in the army."
Closing statements scheduled for 25 and 26 August
The judges today set the timetable for the closing written submissions and convened the parties and participants to present their closing oral statements in public hearings on 25 and 26 August 2011.The Prosecution and the Legal Representatives of Victims are to file their written closing submissions no later than 1 June 2011, to which the Defence may reply, no later than 15 July 2011. The Prosecution may file a reply to the Defence by 1 August, and the Defence will have until 15 August to file its final reply.
These final submissions shall address all the relevant legal and factual issues arising in the case.As indicated in the judges' order setting the timetable, the parties and participants should be prepared at the closing hearings, on 25 and 26 August, to entertain questions from the Trial Chamber when their closing statements are delivered orally.
