Agreement on Accountability and Reconcilation between the Government of the Republic of Uganda and the Lord's Resistance Army/Movement

Country/entity
Uganda
Region
Africa (excl MENA)
Agreement name
Agreement on Accountability and Reconcilation between the Government of the Republic of Uganda and the Lord's Resistance Army/Movement
Date
29 Jun 2007
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Framework/substantive - partial
Conflict nature
Government
Peace process
Uganda peace process
Parties
Dr. S.P. Kagoda, Permanent Secretary Ministry of Internal Affairs, Acting Head of the Government of Uganda Delegation and Mr Martin Ojul, the leader of the Lord's Resistance Army/Movement.
Third parties
Agreement witnessed by: H.E. Lt. Gen. Riek Machar Teny-Dhurgon (PHD, Vice President of Southern Sudan and Mediator of the Souther Sudan and Mediator of the Government of Uganda- Lord's Resistance Army/Movement Peace Talks. H.E Japheth R Getugi, for the Government of the Republic of Kenya. H.E Ali Siwa, for the Government of the Republic of Tanzania.
Description
Agreement dedicated to establishing multi-level accountability mechanisms for the conflict, including mechanisms such as: truth recovery, prosecutions, and the commitment to deal conscientiously with ICC arrest warrants, in the spirit of 'complementarity' and reconciliation through custom based justice.
Main category
Page 5, Article 3. Principles of General Application

...

3.4 Child witnesses and victims of sexual crimes shall be given particular protection during proceedings.

Page 9, Article 10. GENDER
In the implementation of this Agreement, a gender-sensitive approach shall be promoted and in particular, implementers of this Agreement shall strive to prevent and eliminate any gender inequalities that may arise.

Page 9, Article 11. WOMEN AND GIRLS
In the implementation of this Agreement it is agreed to:
(i) Recognise and address the special needs of women and girls.
(ii) Ensure that the experiences, views and concerns of women and girls are recognised and taken into account.
(iii) Protect the dignity, privacy and security of women and girls.
(iv) Encourage and facilitate the participation of women and girls in the processes for implementing this agreement.

Women, girls and gender

Participation

No specific mention.

Equality

No specific mention.

Particular groups of women
Particular groups of women→Refugee/displaced women
Page 9, E. ECONOMIC AND SOCIAL DEVELOPMENT OF NORTH AND NORTH EASTERN UGANDA Article 12. Vulnerable Groups 12.2 The Parties agree that the Government of Uganda shall in accordance with existing policies and through special assistance programmes in the affected areas make appropriate provision for vulnerable groups and in particular shall protect, resettle and promote the advancement of child-headed households, orphans, street children, unaccompanied minors, traumatized children, widows, femaleheaded households, persons with disabilities (PWDs), persons living with HIV/AIDS and the elderly
International law
International law→General IHRL, IHL and IL
Page 9, Article 11. WOMEN AND GIRLS In the implementation of this Agreement it is agreed to: … (iii) Protect the dignity, privacy and security of women and girls
New institutions

No specific mention.

Violence against women
Violence against women→Sexual violence
Page 5, Article 3. Principles of General Application:...3.4 Child witnesses and victims of sexual crimes shall be given particular protection during proceedings.
Violence against women→Protection (general)
Page 9, E. ECONOMIC AND SOCIAL DEVELOPMENT OF NORTH AND NORTH EASTERN UGANDA Article 12. Vulnerable Groups 12.2 The Parties agree that the Government of Uganda shall in accordance with existing policies and through special assistance programmes in the affected areas make appropriate provision for vulnerable groups and in particular shall protect, resettle and promote the advancement of child-headed households, orphans, street children, unaccompanied minors, traumatized children, widows, femaleheaded households, persons with disabilities (PWDs), persons living with HIV/AIDS and the elderly
Transitional justice
Transitional justice→Past and gender
Page 5, Article 3. Principles of General Application ... 3.4 Child witnesses and victims of sexual crimes shall be given particular protection during proceedings.
Institutional reform

No specific mention.

Development
Development→Rehabilitation and reconstruction
Page 9, E. ECONOMIC AND SOCIAL DEVELOPMENT OF NORTH AND NORTH EASTERN UGANDA Article 12. Vulnerable Groups 12.2 The Parties agree that the Government of Uganda shall in accordance with existing policies and through special assistance programmes in the affected areas make appropriate provision for vulnerable groups and in particular shall protect, resettle and promote the advancement of child-headed households, orphans, street children, unaccompanied minors, traumatized children, widows, femaleheaded households, persons with disabilities (PWDs), persons living with HIV/AIDS and the elderly
Implementation
Implementation→Women's role and consideration in implementation of the agreement
Page 9, Article 11. WOMEN AND GIRLS: In the implementation of this Agreement it is agreed to:
(i) Recognise and address the special needs of women and girls.
(ii) Ensure that the experiences, views and concerns of women and girls are recognised and taken into account.
(iii) Protect the dignity, privacy and security of women and girls.
(iv) Encourage and facilitate the participation of women and girls in the processes for implementing this agreement.
Implementation→Other
Page 9, Article 10. GENDER: In the implementation of this Agreement, a gender-sensitive approach shall be promoted and in particular, implementers of this Agreement shall strive to prevent and eliminate any gender inequalities that may arise
Other

No specific mention.

AGREEMENT ON ACCOUNTABILITY AND RECONCILTATION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF UGANDA AND THE LORD'S RESISTANCE ARMY/MOVEMENT.

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), witnesseth that:

PREAMBLE

WHEREAS THE PARTIES:

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

CONSCIOUS of the serious crimes, human rights violations and adverse socio-economlc and political impacts of the conflict, and the need to honour the suffering of victims by promoting lasting peace with justice;

COMMITTED to preventing impunity and promoting -redress .in accordance with the Constitution and International obligations and recalling, in this conned:

ion, the requirements of the Rome Statute of the international Criminal.

Court (ICC) and in particular the principle of complementarity;

DRIVEN by the need for adopting appropriate Justice mechanisms, including customary processes of accountability, that would resolve the conflict while promoting reconciliation and convinced that this Agreement is a sound basis for achieving that purpose;

GUIDED BY the Objective Principle of the Constitution, which directs that there shall be established and nurtured institutions and procedures for the resokrtion of conflicts fairly and peacefully;

and further recalling the Constitutional duty on the courts of Uganda to promote reconciliation.

NOW THEREFORE THE PARTIES AGREE as follows:

1. DEFINITIONS

Unless the context suggests otherwise, the following words and phrases shall have the meaning assigned thereto:

"Ailuc" refers to the traditional rituals performed by the Iteso to reconcile parties formerly in conflict, after full accountability.

"Alternative justice mechanisms" refers to justice mechanisms not currently administered in the format courts established under the Constitution.

"Constitution" means the Constitution of the Republic of Uganda,

"Culo Kwor” refers to the compensation to atone for homicide, as practiced in Acholi and Lango cultures, and to any other forms of reparation, after full accountability.

"Gender" refers to the two sexes, men and women, within the context of society,

"Kayo Cuk" refers to the traditional rituals performed by the Langi to reconcile parties formerly in conflict, after full accountability.

"Mato Oput" refers to the traditional rituals performed by the Acholl to reconcile parties formerly in conflict, after full accountability.

"Reconciliation" refers to the process of restoring .broken relationships and re-establishing harmony:

The Conflict' means the conflict between the Parties in Northern and .North-eastern Uganda, including its impacts in the neighbouring countries.

"Tonu ci Koka" refers to the traditional rituals performed by the Madi to reconcile parties formerly in conflict, after full accountability;

"Victims" means persons who individually or collectively have adversely suffered harm as a consequence of crimes and human rights violations committed during the conflict.

2. COMMITMENT TO ACCOUNTABILITY AND RECONCILIATION

2.1. The Parties shaft promote national legal arrangements, consisting of formal and non formal institutions and measures for ensuring justice and reconciliation with respect to the corflict.

2.2. The accountability processes sitipulated in this Agreement shall relate to the period of the conflict.

However, this clause shall not prevent the consideration and analysis of any relevent matter before this period, or Ihe promotion of reconciliation with respect to events that occurred before this period.

2.3. The Parties believe that a comprehensive, indepeodent end impartial analysis of the history and manifestations of the opctflict, especially the human rights violations and crimes committed during the course of the conflict, is an essential ingredient for attaining reconciliation at all levels.

2.4. The Parties agree that at all stages of the development and implementation of the principles and mechanisms of this Agreement, the widest possible consultations shell be promoted and undertaken in order to receive the views and concerns of aft stakeholders, end to ensure the widest national ownership of the accountability and reconciliation processes.

Consultations chaff extend to state institutions, civil society, academia, community leaders, traditional and religious leaders, and victims.

2.5. The Parties undertake to honour and respect, at all times, all the terms of this Agreement which shall be Implemented in the utmost good faith and shall adopt effective measures for monitoring and verifying the obligations assumed by the Parties under this Agreement.

3. PRINCIPLES OF GENERAL APPLICATION

3.1. Traditional Justice mechanisms, such as Cuio Kwor, Mato Oput, Kayo Cuk, AiIuo and Tonu ci Koka and others as practiced in the communities affected by the conflict, shat be promoted, with necessary modifications, as a central part if the framework for accountability and reconciliation.

Conduct of Proceedings

3.2. The Parties recognise that any meaningful accojntability proceedings should, in the context of recovery from the conftict, promote re-conciliation end encourage individuals to take p.:Irsonal responsibility for their conduct.

3.3 With respect to any proceedings under this Agreement, the right of the Individual to a fair hearing and due process, as guaranteed by the Constitution, all times be protected.

In particular, in the determination of civil rights and obligations or any oritinal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law.

3.4. in the conduct of accountability and reconclollation processes, measures shall be taken to ensure the safety and privacy of witnesses.

Witnesses shall be protected from intimidation or persecution on account of their testimony, Child witnesses' and victims of sexual crimes shall be given particular protection during proceedings.

Cooperation within proceedings

3.5. The Parties shall promote procedures and approaches to enable individuals to cooperate with formal criminal or civil investigations, processes and proceedings.

Cooperation may include the making of confessions, disclosures and provision of information on relevant matters.

The application of any cooperation procedures shell not prejudice the rights of cooperating individuals.

3.6. Provisions may be made for the recognition of con..ssions or other forms of cooperation to be recognised for purposes of sentencing or sanctions.

Legal representation

3.7. Any person appearing before a formal proceeding shall be entitled to appear in person or to be represented at that person's expense by a lawyer of his or her choice.

Victims participating in proceedings shell be entitled to be legally represented.

3.8. Provision shall be made for individuals facing serious criminal charges or allegations of serious human rights violations and for victims participating in such proceedings, who cannot afford representation, to be afforded legal representation at the expense of the State.

Finality and effect of proceedings

3.9. In order to achieve finality of legal processes accountability and reconciliation procedures shall address the full extent of the offending conduct attributed to an individual.

Legislation may stipulate the time within which accountability and reconciliation mechanisms should be undertaken.

3.10.

Where a person has already been subjected kp proceedings or exempted from liability for any crime or civil acts gr omissions, or has been subjected to accountability or reconciliation proceedings for any conduct in the course of the conflict, that person sholl not be subjected " to any other proceedings with respect to that conduct:

4. ACCOUNTABILITY

4.1 Format criminal and civil justice measures shall be applied to any individual who is alleged to have committed serious crimes or human rights violations in the course of the conflict.

Provided that, state actors shall be subjected to existing criminal justice processes and not to special justice processes under this Agreement

4.2. Prosecutions and other formal accountability proceedings shall be based upon systematic, independent and impartial irvestigations.

4.3. The choice of forum for the adjudication of any particular case depend, amongst other considerations, on the nature and gravity of the offending conduct and the role of the alleged perpetrator in that conduct.

4.4. For purposes of this Agreement, accountability mechanisms shall be Implemented through the adapted legal framework in Uganda.

5. LEGAL AND INSTITUTONAL FRAMEWORK

5.1. The Parties affirm that Uganda has institutions and mechanisms, customs and usages as provided for and recogriised under national laws, capable of addressing the crimes and human rights violations committed during the.

conflict, The Parties also recognise that modifications may be required within the national legal system to ensure a more effective and integrated justice and accountability response.

5.2. The Parties therefore acknowledge the need for an overarching justice framework that will provide for the exercise of formal criminal Jurisdiction, and for the adoption and recognition of compimentary alternative justice mechanisms.

5.3. Alternative justice mechanisms shell promote reconciliation and shall include traditional Justice processes, alternative sentences, reparations, and any other formal institutions or mechanisms.

5.4. Insofar as practicable, accountability and reconciliation processes shell be promoted through existing national institutions and mechanisms, with necessary modifications.

The Parties shall consult on the need to introduce any additional institutions or mechanisms for the implementation of this Agreement.

5.5. The Parties consider that the Uganda .Human Riglit Commission and the Uganda Amnesty Commission are capable of implementing relevant aspects of this Agreement.

Legislative and policy changes

5.5. The Government will introduce any necessary legislation, policies and procedures to establish the framework for addressing accountability and reconciliation and shall introduce amendments to any existing law in order to promote the.principles in this Agreement.

6. FORMAL JUSTICE PROCESSES

6.1. Formal courts provided for under the Constitution shall exercise jurisdiction over Individuals who are alleged to bear particular responsibility for the most serious crimes, especially &Imes amounting to international crimes, during the course of the conflict

6.2. Formal courts and tribunals established by law shall adjudicate allegations of gross human rights violations arising from the conflict.

6.3. Legislation shall Introduce a regime of alter native penalties and sanctions which shall apply, and replace existing penalties, with respect to serious crimes and human rights violations committed by non-state actors in the course of the conflict.

6.4. Alternative penalties and sanctions shall, as relevant:

reflect the gravity of the crimes or violations;

promote reconciliation between individuals and within communities;

promote the rehabilitation of offenders;

bite into account an individual's admissions or other cooperation with proceedings;

and, require perpetrators to make reparations to victims.

7. RECONCILIATION

7.1. The Parties shall promote appropriale reconciliation mechanisms to address issues arising from within or outside Uganda with respect to the conflict.

7.2. The parties shall promote collective as well as individual acts and processes of reconciliation shall be promoted at all levels.

7.3. Truth-seeking and truth-telling processes and mechanisms shall be promoted.

8. VICTIMS

8.1. The Parties agree that it is essential to acknowvledge and address the suffei.ing of victims, paying attention to the most vulnerable groups, and to promote and facilitate their right to contiribute to society.

8.2. The Government shall promote the effeotive and meaningful participation of victims in accountability and reconciliation proceedings, consistently with the rights of the other par*bs in the proceedings, Victims shall be informed of the processes and any decisions affecting their interests,

8.3. Victims have the right of access to relevant information about their experiences and to remember and commemorate past events affecting them.

8.4. In the implementation of accountability and reconciliation mechanisms, the dignity, privacy and security of victims shall be respected and protected.

9. REPARATIONS

9.1. Reparations may Include a range of Measures such as:

rehabilitation;

restitution;

compensation;

guarantees of non-recurrence and other symbolic measures such as apologies, memorials and commemorations, Priority shall be given to members of vulnerable groups.

9.2. The Parties agree that collective as well as individual reparations should be made to victims through meohanisms to be adopted by the Parties upon further consultation.

9.3. Reparations, which may be ordered to be paid to a victim as part of penalties and unctions in accountability proceedings, may be paid out of resources identified for that purpose.

10. GENDER

In the implementation of this Agreement, a gender-sensitive approach shall be promoted and in particular, implementers of this Agreement shall strive to prevent and eliminate any gender inequalities that may arise.

11. WOMEN AND GIRLS in the Implementation of this Agreement it is agreed to:

(i) Recognise and address the special needs of women and girls.

(ii) Ensure that the experiences, views and concerns of women and girls are recognised and taken into account.

(iii) Protect the dignity, privacy and security of women and girls.

(iv) Encourage and facilitate the participation of women and girls in the processes for implementing this agreement.

12. CHILDREN

In the Implementation of this Agreement it is agreed to:

(i) Recognise and address the special needs of children and adopt child-sensitive approaches,

(ii) Recognise and consider the experiences, views and concerns or children.

(iii) Protect the dignity, privacy end security of children in any accountability and reconciliation proceedings.

(iv) Ensure that children are not subjected to criminal iustice proceedings, but, may participate, as appropriate, in reconciliation processes.

(v) Promote appropriate reparations for children.

(vi) Encourage and facilitate the participation of children in the processes for implementing this Agreement.

13. RESOURCES

The Government will avail and solicit resources for the effective implementation of this Agreement.

14. OBLIGATIONS AND UNDERTAKINGS OF THE PARTIES

The Parties;

14.1 Expeditiously consult upon and develop proposals for mechanisms for implementing these principles.

14.2.

Ensure that any accountability and reconciliation issuers arising in any other agreement between themselves are consistent and integrated with the provisions of this Agreement.

The Government:

14.3.

Adopt an appropriate policy framework for implementing the terms of this Agreement.

14.4.

Introduce any amendments to the Amnesty Act or the Uganda Human Rights Act in order to bring it into conformity with the principles of this Agreement.

14.5.

Undertake any necessary representations or legal proceedings nationally or internationally, to implement the principles of this Agreement.

14.6.

Address conscientiously the question of the ICC arrest warrants relating to the leaders of the LRA/M,

14.7.

Remove the LRA/M from the list of Terrorist Organisations under the Anti-Terrorism Act of Uganda upon the LRA/M abandoning rebellion, ceasing fire, and submitting its members to the process of Disarmarnent, Demobilisation, and Reintegration.

14.8.

Make representations to any state or institution which has proscribed the LRA/M to take steps to remove the LRA/M or its members from such list,

The LRA/M:

14.9.

The LRA/M shall assume obligations and enjoy rights pursuant to this Agreement.

14.10.

The LRA/M shall actively promote the principles of this Agreement.

15. ADOPTION OF MECHANISMS FOR IMPLEMENTING THIS AGREJMENT

15.1.

The Parties shall negotiate and adopt an annexure to this Agreement which shall set out elaborated principles and mechanisms for the impiementatIon of this Agreement.

The annexure shall form a part of this Agreement.

15.2.

The Parties may agree and the Mediator will provide additional guidance on the matters for the Parties to consider, end consult upon in the Interim period, in developing proposals for mechaniems for irnplernenting this Agreement.

16. COMMENCEMENT

This Agreement shall take effect upon signature.

IN WITNESS WHEREOF the duly authorized representatives of the parties have hereunto appended their respective signatures at Juba, South Sudan, this 29th day of June 2007

Dr. S. P. Ragada Permanent Secretary Ministry of Internal Affairs Acting Head of the Government of Uganda Delegation

Mr Martin Ojul Leader of the LRA/M Delegation

WITNESSED BY:

H.E. Lt.

Gen. Riek Machar Teny-Dhurgon (PhD) Vice President, Government of Southern Sudan and Mediator of the Government of Uganda - Lord's Resistence Army/Movement Peace Talks

H.E. Japheth R. Getugi For the Government of the Republic of Kenya

H.E Ali I Siwa For the Government of the United Republic of Tanzania