Agreement on Implementation and Monitoring Mechanisms

Country/entity
Uganda
Region
Africa (excl MENA)
Agreement name
Agreement on Implementation and Monitoring Mechanisms
Date
29 Feb 2008
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Implementation/renegotiation
Conflict nature
Government
Peace process
Uganda peace process
Parties
Hon. Ruhakana Rugunda (Dr) Minister of Internal Affairs and Head of GoU Delegation.

Dr David Nyekorach Matsanga, Leader of the LRA/M Delegation.
Third parties
Witnessed by:

H.E. Lt. General Riek Machar Teny-Dhurgon (PhD), Vice President, Government of Southern Sudan and Chief Mediator of the Peace Talks.

H.E. Joaquim Alberto Chissano, United Nations Special Envoy of the Secretary-General for the LRA affected areas.

H.E. Andre M Kapanga (PhD), for the Government of the Democratic Republic of Congo.

H.E. Japheth R. Getugi, for the Government of the Republic of Kenya.

H.E. Nsavike G. Ndatta, for the Government of the United Republic of Tanzania.

L.t Gen. (Rtd.) Gilbert Lebeko Ramano, for the Government of the Republic of South Africa.

Mr. Roeland van de Geer, EU Special Representative for the Great Lakes Region

H.E. Bryan E. Burton, for the Government of Canada.

Mr Timothy R. Shortley, Senior Advisor to the Assistant Secretary of State for African Affairs, for the Government of the United States of America.
Description
This agreement concerns the monitoring and implementation mechanisms of the Final Peace Agreement. Implementation mechanisms include, an Oversight Forum and a Joint Liaison Group, supported by the chief mediator. A transitional period of one month shall start immediately after the signing of the Final Peace Agreement. Finally, on the basis of the steps taken under clause 36, the Government shall request the UN Security Council to adopt a resolution under Chapter VII of the Charter of the UN, requesting the ICC to defer all investigations and prosecutions against the leaders of the Lord’s Resistance Army.


Groups

Children/youth

No specific mention.

Disabled persons

No specific mention.

Elderly/age

No specific mention.

Migrant workers

No specific mention.

Racial/ethnic/national group

No specific mention.

Religious groups

No specific mention.

Indigenous people

No specific mention.

Other groups

No specific mention.

Refugees/displaced persons

No specific mention.

Social class

No specific mention.


Gender

Women, girls and gender
Page 2, Implementation Commitments and Monitoring

5. In the monitoring and verification, gender sensitive mechanisms shall
be adopted.
Men and boys

No specific mention.

LGBTI

No specific mention.

Family

No specific mention.


State definition

Nature of state (general)

No specific mention.

State configuration

No specific mention.

Self determination

No specific mention.

Referendum

No specific mention.

State symbols

No specific mention.

Independence/secession

No specific mention.

Accession/unification

No specific mention.

Border delimitation

No specific mention.

Cross-border provision

No specific mention.


Governance

Political institutions (new or reformed)

No specific mention.

Elections

No specific mention.

Electoral commission

No specific mention.

Political parties reform

No specific mention.

Civil society

No specific mention.

Traditional/religious leaders

No specific mention.

Public administration

No specific mention.

Constitution

No specific mention.


Power sharing

Political power sharing

No specific mention.

Territorial power sharing

No specific mention.

Economic power sharing

No specific mention.

Military power sharing

No specific mention.


Human rights and equality

Human rights/RoL general

No specific mention.

Bill of rights/similar

No specific mention.

Treaty incorporation

No specific mention.

Civil and political rights

No specific mention.

Socio-economic rights

No specific mention.


Rights related issues

Citizenship

No specific mention.

Democracy

No specific mention.

Detention procedures

No specific mention.

Media and communication

No specific mention.

Mobility/access

No specific mention.

Protection measures

No specific mention.

Other

No specific mention.


Rights institutions

NHRI

No specific mention.

Regional or international human rights institutions

No specific mention.


Justice sector reform

Criminal justice and emergency law
Justice sector reform→Criminal justice and emergency law→Criminal Justice System reform
Page 6, The Government’s Obligations
36. During the Transitional Period the Government shall urgently take the necessary steps to establish national mechanisms of accountability and reconciliation as provided in the Agreement on Accountability and Reconciliation. In this regard, the Government shall give priority to commencing criminal investigation and establishing the special division of the High Court.
State of emergency provisions

No specific mention.

Judiciary and courts
Page 6, The Government’s Obligations

36. During the Transitional Period the Government shall urgently take the necessary steps to establish national mechanisms of accountability and reconciliation as provided in the Agreement on Accountability and Reconciliation. In this regard, the Government shall give priority to commencing criminal investigation and establishing the special division of the High Court.
Prisons and detention

No specific mention.

Traditional Laws

No specific mention.


Socio-economic reconstruction

Development or socio-economic reconstruction

No specific mention.

National economic plan

No specific mention.

Natural resources

No specific mention.

International funds

No specific mention.

Business

No specific mention.

Taxation

No specific mention.

Banks

No specific mention.


Land, property and environment

Land reform/rights

No specific mention.

Pastoralist/nomadism rights

No specific mention.

Cultural heritage

No specific mention.

Environment

No specific mention.

Water or riparian rights or access

No specific mention.


Security sector

Security Guarantees

No specific mention.

Ceasefire
Security sector→Ceasefire→Ceasefire provision
Page 6-7, the LRA’s Obligations

40. During the Transitional Period, the LRA shall observe the Permanent Ceasefire agreed upon and fully assemble in Ri-Kwang-Ba.
Police

No specific mention.

Armed forces

No specific mention.

DDR
Security sector→DDR→DDR programmes
Page 6, Transitional Period

35. Immediately upon the signing of the Final Peace Agreement a Transitional period of one (1) month shall commence, during which the Parties shall prepare for the DDR process and for accountability in Uganda.

Page 6-7, the LRA’s Obligations

...

41. The DDR process shall begin after the Transitional Period.


Page 7, Dissolution of the LRA/M

48. Upon the Disarmament and Mobilisation of LRA members under the Agreement on DDR, the LRA/M shall stand dissolved.
Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces
Page 6-7, the LRA’s Obligations

...

42. The LRA in Uganda shall surface in accordance with clause 8.3 of the Agreement on Disarmament, Demobilisation and Reintegration.
Withdrawal of foreign forces

No specific mention.

Corruption

No specific mention.

Crime/organised crime

No specific mention.

Drugs

No specific mention.

Terrorism

No specific mention.


Transitional justice

Transitional justice general

No specific mention.

Amnesty/pardon

No specific mention.

Courts
Transitional justice→Courts→International courts
Page 6, The Government’s Obligations

...

37. On the basis of the steps taken under clause 36 of this Agreement, the Government shall request the UN Security Council to adopt a resolution under Chapter VII of the Charter of the United Nations, requesting the International Criminal Court to defer all investigations and prosecutions against the leaders of the Lord’s Resistance Army.

38. The Government shall give to the ICC a comprehensive report on the Juba Peace Process, the progress on the implementation of the Agreement on Accountability and Reconciliation.
Mechanism

No specific mention.

Prisoner release

No specific mention.

Vetting

No specific mention.

Victims
Page 7, Miscellaneous Provisions

46. The Provision of clauses 26, 27, and 28 of the Protocol to the Agreement on Comprehensive Solutions (relating to victims and vulnerable groups) shall not be subject to clause 34 of that agreement (relating to commencement of implementation).
Missing persons

No specific mention.

Reparations

No specific mention.

Reconciliation
Page 4, The Chief Mediator

...

23. The office of the Chief Mediator shall provide the LRA with legal advice and support on issues relevant to the implementation of the Final Peace Agreement, in particular on questions of accountability and reconciliation.


Page 6, The Government’s Obligations

36. During the Transitional Period the Government shall urgently take the necessary steps to establish national mechanisms of accountability and reconciliation as provided in the Agreement on Accountability and Reconciliation. In this regard, the Government shall give priority to commencing criminal investigation and establishing the special division of the High Court.

...

38. The Government shall give to the ICC a comprehensive report on the Juba Peace Process, the progress on the implementation of the Agreement on Accountability and Reconciliation.

Implementation

UN signatory
Witnessed by:

H.E. Joaquim Alberto Chissano, United Nations Special Envoy of the Secretary-General for the LRA affected areas.
Other international signatory
Witnessed by:

H.E. Lt. General Riek Machar Teny-Dhurgon (PhD), Vice President, Government of Southern Sudan and Chief Mediator of the Peace Talks.

H.E. Andre M Kapanga (PhD), for the Government of the Democratic Republic of Congo.

H.E. Japheth R. Getugi, for the Government of the Republic of Kenya.

H.E. Nsavike G. Ndatta, for the Government of the United Republic of Tanzania.

L.t Gen. (Rtd.) Gilbert Lebeko Ramano, for the Government of the Republic of South Africa.

Mr. Roeland van de Geer, EU Special Representative for the Great Lakes Region

H.E. Bryan E. Burton, for the Government of Canada.

Mr Timothy R. Shortley, Senior Advisor to the Assistant Secretary of State for African Affairs, for the Government of the United States of America.
Referendum for agreement

No specific mention.

International mission/force/similar

No specific mention.

Enforcement mechanism
The Agreement deals with implementation and enforcement mechanisms in its entirety.

Page 2, Implementation Commitments and Monitoring

3. The Parties agree that mechanisms are required for the implementation and monitoring of the Final Peace Agreement.

4. The Parties shall agree an Implementation Schedule which shall be attached to the Final Peace Agreement. The Schedule shall set out the dates and timeframes within which the Parties and any implementers of the Final Peace Agreement should undertake their commitments.

5. In the monitoring and verification, gender sensitive mechanisms shall be adopted.

6. The Government will solicit additional resources for implementing the Final Peace Agreement.


Page 3, The Oversight Forum

7. There shall be established an Oversight Forum to oversee and monitor the implementation of the Final Peace Agreement and to provide advice and support to the Parties and any relevant institutions established under the Final Peace Agreement.

8. The Oversight Forum shall be responsible for addressing any disputes arising between the Parties and in the work of the JLG or generally in the implementation of the Final Peace Agreement.

9. The Forum may, as appropriate, request reports from the Parties, the JLG, the Ceasefire Monitoring Team, and any other institutions or actor implementing the Final Peace Agreement.

10. The Oversight Forum shall promote confidence-building measures between the Parties and the Parties undertake to cooperate with these measures.

11. The Forum shall operate for a period of nine (9) months which may be extended in consultation with the Government.


Page 3, Composition

12. The Oversight Forum shall be composed of the following Members:

(a) The Chief Mediator, who shall chair the Forum; and,

(b) the Special Envoy of the United Nations Secretary General (SESG) for LRA affected areas, who shall speak on behalf of the Forum.


13. The following shall be invited to join the Forum:

(a) One (1) representative from each of the African Union observer countries; and,

(b) One (1) representative from the European Union and one (1) representative from each of the countries which are witness to the Final Peace Agreement.


14. The participation of an individual in the Oversight Forum shall be without prejudice to any other recognised role they might play in relation to the implementation of this Agreement.

...

Page 4, The Chief Mediator

21. The Chief Mediator shall maintain regular contact with the Parties, the members of the Oversight Forum, the Joint Liaison Group (JLG) established under this Agreement, and with relevant implementing agencies, especially within Sudan.

22. The Chief Mediator may, in consultation with the appropriate Party, and the Oversight Forum, nominate any person to liaise with a Party or any institution with respect to the implementation of the Final Peace Agreement and to report to him or to the Oversight Forum accordingly.

23. The office of the Chief Mediator shall provide the LRA with legal advice and support on issues relevant to the implementation of the Final Peace Agreement, in particular on questions of accountability and reconciliation.

24. The Chief Mediator shall solicit or avail the necessary funds for the JLG to carry out its duties.

25. The Chief Mediator shall establish a technical secretariat to support the work of the JLG.


Page 5, The Joint Liaison Group

26. The Parties agree to establish a Joint Liaison Group (JLG) to facilitate the monitoring and implementation of the Final Peace Agreement. The JLG shall operate for a period of nine (9) months. The period may be extended with the consent of the Government.

27. The JLG shall be composed of three (3) persons nominated by the Government; three (3) persons nominated by the LRA; and a person nominated by the Chief Mediator in consultation with the Parties, who shall chair the Group.


Page 5, Functions of the JLG

28. The JLG shall have the following functions:

(a) Monitoring the implementation of the Final Peace Agreement in accordance with the Implementation Schedule adopted by the Parties;

(b) Making recommendations to the Government or other implementing agencies on any aspects of the implementation of the Final Peace Agreement;

(c) Furnishing the Oversight Forum with regular briefings; and,

(d) Making recommendations to the Chief Mediator concerning the holding of a stakeholders’ conference.
Related cases

No specific mention.

Source
Available at: https://peacemaker.un.org/sites/peacemaker.un.org/files/UG_080229_Agreement%20on%20Implementation%20and%20Monitoring%20Mechanisms.pdf

AGREEMENT ON IMPLEMENTATION AND MONITORING MECHANISMS

JUBA, SUDAN

This Agreement, between the Government of the Republic of Uganda (The Government) and the Lord's Resistance Army/Movement (LRA/M) (herein referred to as the 'Parties') provides as follows:

THE PARTIES:

HAVING BEEN engaged in negotiations in Juba, Southern Sudan, in order to find just, peaceful and lasting solutions to the conflict, and to promote reconciliation and restore harmony and tranquillity within the affected communities;

HAVING signed agreements on Cessation of Hostilities;

Comprehensive Solutions;

Accountability and Reconciliation;

Permanent Ceasefire;

and Disarmament, Demobilisation and Reintegration;

RECOGNISING that within Uganda there already exist coordination mechanisms within the various sectors of Government for implementing policy, and determined to make the best use of these in the implementation of the Agreement;

DETERMINED TO ensure the full implementation of the Agreements they have signed in Juba and thereby to usher in a new dispensation of peace and recovery in the conflict-affected areas;

AGREE AS FOLLOWS

1. DEFINITIONS

In this Agreement, the following words and expressions have the meanings attached thereto:

"CMT" refers to the Ceasefire Monitoring Team

"JLG" refers to the Joint Liaison Group

"LRA/M" refers to the Lord's Resistance Army/Movement

"SESG" refers to the Special Envoy of the United Nations Secretary General for LRA affected areas

"The Forum" refers to the Oversight Forum established in this Agreement

"The Government" refers to the Government of the Republic of Uganda

"Transitional Period" refers to the period immediately following the signing of the Final Peace Agreement

Elements of the Final Peace Agreement

2. The Final Peace Agreement shall consist of all the substantive Agreements reached between the Parties in Juba, Sudan.

These include:

the Cessation of Hostilities Agreement and its six addenda;

the Agreement on Comprehensive Solutions and its Protocol;

the Agreement on Accountability and Reconciliation, and its Annexure;

the Agreement on a Permanent Ceasefire;

the Agreement on Disarmament, Demobilisation and Reintegration, and this Agreement.

In addition, the Parties shall sign a final agreement and implementation schedule recommitting themselves to the implementation of the above Agreements.

Implementation Commitments and Monitoring

3. The Parties agree that mechanisms are required for the implementation and monitoring of the Final Peace Agreement.

4. The Parties shall agree an Implementation Schedule which shall be attached to the Final Peace Agreement.

The Schedule shall set out the dates and timeframes within which the Parties and any implementers of the Final Peace Agreement should undertake their commitments.

5. In the monitoring and verification, gender sensitive mechanisms shall be adopted.

6. The Government will solicit additional resources for implementing the Final Peace Agreement.

The Oversight Forum

7. There shall be established an Oversight Forum to oversee and monitor the implementation of the Final Peace Agreement and to provide advice and support to the Parties and any relevant institutions established under the Final Peace Agreement.

8. The Oversight Forum shall be responsible for addressing any disputes arising between the Parties and in the work of the JLG or generally in the implementation of the Final Peace Agreement.

9. The Forum may, as appropriate, request reports from the Parties, the JLG, the Ceasefire Monitoring Team, and any other institution or actor implementing the Final Peace Agreement.

10. The Oversight Forum shall promote confidence-building measures between the Parties and the Parties undertake to cooperate with these measures.

11. The Forum shall operate for a period of nine (9) months which may be extended in consultation with the Government.

Composition

12. The Oversight Forum shall be composed of the following members:

(a) the Chief Mediator, who shall chair the Forum;

and,

(b) the Special Envoy of the United Nations Secretary General (SESG) for LRA affected areas, who shall speak on behalf of the Forum.

13. The following shall be invited to join the Forum:

(a) one (1) representative from each of the African Union observer countries;

and, (b) one (1) representative from the European Union and one (1) representative from each of the countries which are witnesses to the Final Peace Agreement.

14. The participation of an individual in the Oversight Forum shall be without prejudice to any other recognised role they might play in relation to the implementation of this Agreement.

Working Practices of the Forum

15. The Oversight Forum shall regulate its own working practices and shall meet regularly and in any event, at least once a month during the Transition period.

16. The Chief Mediator shall be responsible for convening the Oversight Forum.

A member of the Forum may request for a meeting.

17. The Forum shall adopt its decisions by consensus.

18. The Forum shall make public its reports and findings.

Resources

19. The Office of the SESG in Kampala shall provide technical and secretariat support to the Oversight Forum.

20. The Oversight Forum shall mobilise the necessary funds for its work

The Chief Mediator

21. The Chief Mediator shall maintain regular contact with the Parties, the members of the Oversight Forum, the Joint Liaison Group (JLG) established under this Agreement, and with relevant implementing agencies, especially within Sudan.

22. The Chief Mediator may, in consultation with the appropriate Party, and the Oversight Forum, nominate any person to liaise with a Party or any institution with respect to the implementation of the Final Peace Agreement and to report to him or to the Oversight Forum accordingly.

23. The office of the Chief Mediator shall provide the LRA with legal advice and support on issues relevant to the implementation of the Final Peace Agreement, in particular on questions of accountability and reconciliation.

24. The Chief Mediator shall solicit or avail the necessary funds for the JLG to carry out its duties.

25. The Chief Mediator shall establish a technical secretariat to support the t work of the JLG.

The Joint Liaison Group

26. The Parties agree to establish a Joint Liaison Group (JLG) to facilitate the monitoring and implementation of the Final Peace Agreement.

The JLG shall operate for a period of nine (9) months.

The period may be extended with the consent of the Government.

27. The JLG shall be composed of three (3) persons nominated by the Government;

three (3) persons nominated by the LRA;

and, a person nominated by the Chief Mediator in consultation with the Parties, who shali chair the Group.

Functions of the JLG

28. The JLG shall have the following functions:

(a) monitoring the implementation of the Final Peace Agreement in accordance with the Implementation Schedule adopted by the Parties;

(b) making recommendations to the Government or other implementing agencies on any aspect of the implementation of the Final Peace Agreement;

(c) furnishing the Oversight Forum with regular briefings;

and,

(d) making recommendations to the Chief Mediator concerning the holding of a stakeholders' conference.

29. The Government and the JLG shall refer to the Oversight Forum any issues arising from the working of the JLG.

Working practices of JLG

30. The JLG shall adopt a work plan and appropriate working practices.

31. The decisions of the JLG shall as far as possible be reached by consensus.

32. The JLG shall propose the names of persons to be considered for state appointments under clause 3 of the Implementation Protocol to the Agreement on Comprehensive Solutions.

33. The Government shall ensure that all departments implementing national programmes relevant to the Final Peace Agreement cooperate with the work of the JLG and submit regular reports to the Group.

34. The JLG may request the Government for specified information on the implementation of the Final Peace Agreement;

provided that the JLG may not make any request for or receive any report relating to an investigation or proceeding undertaken in the implementation of the Final Peace Agreement, or on any matter which might prejudice the Security of the State or the rights of third parties.

Transitional Period

35. Immediately upon the signing of the Final Peace Agreement a Transitional Period of one (1) month shall commence, during which the Parties shall prepare for the DDR process and for accountability in Uganda.

The Government's Obligations

36. During the Transitional Period, the Government shall urgently take the necessary steps to establish national mechanisms of accountability and reconciliation as are provided for in the Agreement on Accountability and Reconciliation.

In this regard, the Government shall give priority to commencing criminal investigations and establishing the special division of the High Court.

37. On the basis of the steps taken under clause 36 of this Agreement, the Government shall request the UN Security Council to adopt a resolution under Chapter VII of the Charter of the United Nations, requesting the International Criminal Court to defer all investigations and prosecutions against the leaders of the Lord's Resistance Army.

38. The Government shall give to the ICC a comprehensive report on the Juba Peace Process, the Agreements between the Parties, and the progress on the implementation of the Agreement on Accountability and Reconciliation.

39. The Government shall provide the Chief Mediator, the Oversight Forum and the JLG with updates on the status of the implementation of the Final Peace Agreement, especially the obligations under clauses 36 and 37 above.

The LRA's Obligations

40. During the Transitional Period, the LRA shall observe the Permanent Ceasefire agreed upon and fully assemble in Ri-Kwang-Ba.

41. The DDR process shall begin after the Transitional Period.

42. The LRA in Uganda shall surface in accordance with clause 8.3 of the Agreement on Disarmament, Demobilisation and Reintegration.

The Chief Mediator's Obligations

43. Before the end of the Transitional Period, the Chief Mediator shall, in consultation with the Oversight Forum, determine whether or not the Government has established the national mechanisms and sought a deferral from the UN Security Council in accordance with its commitment under clauses 36 and 37 of this Agreement.

44. Before the end of the Transitional Period, the Ceasefire Monitoring Team shall verify whether or not the LRA has assembled in Ri-KwangBa and whether its forces in Uganda have surfaced in accordance with clauses 40 and 42 of this Agreement, and shall advise the Chief Mediator and the Oversight Forum accordingly.

45. If upon verification, the Oversight Forum determines that the Government has not met its obligations as referred to in clauses 36 and 37, the Transitional Period shall be extended for not more than 30 days.

Miscellaneous Provisions

46. The Provisions of clauses 26, 27, and 28 of the Protocol to the Agreement on Comprehensive Solutions (relating to victims and vulnerable groups) shall not be subject to clause 34 of that agreement (relating to commencement of implementation).

47. In any of the agreements between the Parties a reference to "the mediator" or "the mediation" shall be construed as a reference to the Chief Mediator.

Dissolution of the LRA/M

48. Upon the Disarmament and Demobilisation of LRA members under the Agreement on DDR, the LRA/M shall stand dissolved.

IN WITNESS WHEREOF the duty authorized representatives of the Parties have signed this Agreement in Juba on the 29th day of February 2008

Hon. Ruhakana Rugundan (Dr)

Minister of Internal Affairs and Head of GoU Delegation

Dr David Nyekorach Matsanga

Leader of the LRA/M Delegation

WITNESSED BY:

H.E. Lt.

General Riek Machar Teny-Dhurgon (PhD)

Vice President, Government of Southern Sudan And Chief Mediator of the Peace Talks

H.E. Joaquim Alberto Chissano

Special Envoy of the United Nations Secretary General for LRA affected areas

H.E. André M Képanga (PhD)

For the Government of the Democratic Republic of Congo

H.E. Japheth R. Getugi

For the Government of the Republic of Kenya

H.E. Nsavike G. Ndatta

For the Government of the United Republic of Tanzania

Lt. Gen. (Rtd.)

Gilbert Lebeko Ramano

For the Government of the Republic of South Africa

Mr. Roejanef van de Geer

EU Special Representative for the Great Lakes Region

K £ Bryan E. Burton

For the Government of Canada

Mr. Tirrtothy R. Shortley

Senior Advisor to the Assistant Secretary of State for African Affairs,

For the Government of the United States of America