Implementation Protocol to the Agreement on Comprehensive Solutions

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Country/entity: Uganda
Region: Africa (excl MENA)
Agreement name: Implementation Protocol to the Agreement on Comprehensive Solutions
Date: 22 Feb 2008
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Ugandan Conflicts (1970 - )
Uganda has long experienced tensions along ethnic, religious and national lines. On independence in 1962, Ugandan politics were defined by smaller monarchies, among which the Southern Kingdom of Buganda dominated the national sphere. Resistance to this system was the campaign platform of the Uganda People’s Congress (UPC) led by Milton Obote, who won the 1962 elections. Tension between the Buganda’s ruler King Mutesa II and Obote with his then-ally Idi Amin, led to Obote changing the constitution, abolishing the monarchic system and thus, centralizing power. However, a split between Obote and Amin eventually led to a military coup d’état in 1970, which brought Amin the presidency where he instituted his genocidal regime.

Despite economic collapse, President Amin was only removed from power following a failed attempt at invading Tanzania in 1979, whereby the Tanzanian counter-attack alongside forces loyal to former-President Obote toppled Amin. Authoritarianism continued under the new regime, after Obote won the 1980 elections under dubious circumstances, and in 1985, Obote was once again deposed in a coup. Out of the fray, Yoweri Museveni and the National Resistance Army (NRA) captured the presidency in 1986 and began instituting economic and democratic reforms.

Resistance to Museveni, however, continued with various insurgencies across the country including by former-supporters of President Obote or President Amin. Other insurgencies based on chiliastic beliefs based on the return of Jesus Christ, most notably the Holy Spirit Movement, fought in the late 1980s before splintering into several smaller factions. One such faction later became the Lord’s Resistance Army (LRA) led by Joseph Kony. Many of the 22 or more insurgency groups estimated to contain more than 40,000 insurgents, operate from across the Ugandan border and are based in either South Sudan or the Democratic Republic of Congo.
Stage: Implementation/renegotiation
Conflict nature: Government
Peace process: Uganda peace process
Parties: Hon. Ruhakana Rugunda (Dr) Minster of Internal Affairs and Head of GoU Delegation.

Dr David Nyekorach Matsanga, Leader of the LRA/M Delegation.
Third parties: 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. Andre M Kapanga (PhD), For the Government of the Democratic Republic of Congo.

H.E. Japeth R. Getugi, for the Government 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.

H.E. Heidi Johansen, for the Government of Norway.

Ms Anna Sundstrom, Political Advisor to the EU Special Representative for the Great Lakes Region, for the European Union.

H.R Bryon E. Burton, for the Government of Canada.

Mr. Timothy R. Shortley, Senior Advisor to the Assistant Secretary of State for Afrrican Affairs, for the Government of the United States of America.
Description: This Protocol sets out the framework by which the principles and commitments agreed in the Principal Agreement are to be implemented. Amongst other things, it commits the Government to provide a special fund for victims, out of which reparations will be paid, develop and implement a strategy for assisting the return and resettlements of IDPs and recovery programmes in affected areas, and appoint an Equal Opportunities Commission that shall work to address, inter alia, the regional and ethnic imbalances and disparities in participation in Government departments and institutions.

Agreement document: UG_080222_Implementation protocol comprehensive solutions.pdf (opens in new tab) | Download PDF

Main category: Institutional Arrangements for Security Organs
(Principal Agreement: Clause 8)
12. The Government shall continue to ensure that the composition of the armed forces and other security agencies reflects the national character; including regional and gender diversity.

General Provisions
In the appointment of members and staff of any implementation bodies envisaged by this Agreement, overriding consideration shall be given to the competences and skills required for the office, sensitivity to the candidate's knowledge of the affected areas, and gender balance.

Women, girls and gender

Participation: No specific mention.
Equality: No specific mention.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: No specific mention.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: Institutional reform→DDR, army, parastatal or rebel forces
Page 3, Institutional Arrangements for Security Organs, (Principal Agreement Clause 8): 12. The Government shall continue to ensure that the composition of the armed forces and other security agencies reflects the national character; including regional and gender diversity.
Institutional reform→Public administration
Page 6, General Provisions, In the appointment of members and staff of any implementation bodies envisaged by this Agreement, overriding consideration shall be given to the competences and skills required for the office, sensitivity to the candidate's knowledge of the affected areas, and gender balance.
Development: No specific mention.
Implementation: Implementation→Women's role and consideration in implementation of the agreement
Page 6, General Provisions, In the appointment of members and staff of any implementation bodies envisaged by this Agreement, overriding consideration shall be given to the competences and skills required for the office, sensitivity to the candidate's knowledge of the affected areas, and gender balance.
Other: No specific mention.

IMPLEMENTATION PROTOCOL TO THE AGREEMENT ON COMPREHENSIVE SOLUTIONS

This Implementation Protocol (the Protocol) to the Agreement on Comprehensive Solutions (the Principal Agreement) signed between the Government of the Republic of Uganda (the Government) and the Lord's Resistance Arm y/Movement (LRA/M) (the Parties) on 2nd of May 2007 provides as follows:

THE PARTIES:

HAVING SIGNED the Principal Agreement by which the Parties agreed to various measures aimed at attaining comprehensive, just and durable solutions to the conflict;

RECALLING the constitutional principles affirmed by the Parties in the terms of the Principal Agreement;

PURSUANT to the commitment in Clause 13.1 of the Principal Agreement to adopt a protocol of implementation modalities;

AGREE as follows:

1. This Protocol sets out the framework by which the principles and commitments agreed in the Principal Agreement are to be implemented.

The contents of the Protocol shall not in any way limit the application of that Agreement, whose provisions are to be implemented in full.

Participation in National Politics and Institutions

(Principal Agreement:

Part C)

2. In recognition of the Constitutional obligation to reflect the National Character, the Government in making public appointments shall ensure commensurate representation of the people from the conflict-affected areas.

3. In furtherance of the above provision, the liaison mechanism referred to in clause 37 (c) of this Protocol shall recommend to the Government names of persons from the conflict-affected areas to be considered for appointment into political posts as well as the public and diplomatic services;

provided that any appointments made shall be based on merit and in accordance with the laws of Uganda.

Referral to Equal Opportunities Commission

4. During the implementation of the Final Peace Agreement, the Government shall ensure that the Equal Opportunities Commission is appointed and becomes operational.

5. In accordance with section 5 of the Equal Opportunities Commission Act, the Government shall consider for appointment persons from North and North Eastern Uganda to the Equal Opportunities Commission.

6. The Government shall in accordance with clauses 4, 5 and 6.1 of the Principal Agreement refer to the Equal Opportunities Commission the question of any regional or ethnic imbalances and disparities in participation in Government departments and institutions.

7. The Government shall act expeditiously on the recommendations of the Equal Opportunities Commission.

8. The Government shall facilitate any Ugandan living abroad who wishes to return to Uganda, and shall protect the personal security of those who return.

Education and Training

9. The Government shall adopt and actively promote a policy for increasing access to tertiary education and training for persons from the conflictaffected areas.

This shall include the provision of additional scholarships to be allocated according to districts.

Judiciary and Policing issues

(Principal Agreement:

Clause 7)

10. The Government will strengthen the institutions of justice in the conflictaffected areas especially through the programmes of the Justice, Law and Order Sector.

11. The Government will strengthen the deployment of the Uganda Police Force in the conflict-affected areas.

Institutional Arrangements for Security Organs

(Principal Agreement:

Clause 8)

12. The Government shall continue to ensure that the composition of the armed forces and other security agencies reflects the national character;

including regional and gender diversity.

13. In furtherance of Clause 8-2 of the Principal Agreement, the Government shall assess the experience and rank of former LRA combatants and integrate into the armed forces or other security agencies any combatants who are willing to join.

14. LRA combatants who join in accordance with the above paragraph shall be afforded the opportunity to undertake training or promotional programmes.

15. The treatment of other LRA combatants shall be determined in accordance with other agreements and arrangements.

Return, Resettlement and Rehabilitation of Internally Displaced Persons

(Principal Agreement Part D)

16. The Government shall develop and implement a strategy for assisting the return and resettlement of internally displaced persons (IDPs) from the affected areas in accordance with the IDP policy.

In implementing the strategy, the needs of IDPs who have already returned will be taken into account to ensure equitable support for resettlement.

17. The Government shall facilitate the process of the return of any internally displaced persons in accordance with the Jerms of the Internally Displaced Persons' Policy.

Economic and Social Development of North and North Eastern Uganda

(Principal Agreement:

Part B)

18. The Government shall promote recovery programmes in the affected areas, and in particular, shall implement the Peace, Recovery and Development Plan (PROP) expeditiously, and will further ensure that the Plan reflects the principles and commitments of this agreement.

Business incentives

19. The Government shall support business and investment initiatives in the conflict-affected areas and shall identify and commit special funds to the implementing agency for that purpose.

Environment

20. The Government shall promote policies and programmes to address and mitigate any adverse environmental impacts of the conflict.

Institutional Framework

(Principal Agreement:

Clause 11)

21. The programmes for recovery of the affected areas as set out in Part E of the Principal Agreement shall be implemented through the agency and .

mechanisms identified in Clause 11 of the Principal Agreement.

22. The Government shall prepare and introduce legislation for establishing the agency and the relevant mechanisms, and shall ensure that the agency commences its work as soon as possible after the enactment of the legislation.

23. The mechanism of implementation will ensure easy access to dedicated funds by communities in the conflict affected areas for their resettlement and for the enhancement of productive capacities.

24. The Legislation establishing the agency will provide for the adoption of sound management and accountability controls.

25. In the appointment of officers to the above agency, the Government shall give particular consideration to persons from the conflict-affected areas with the required qualifications and experience.

Victims and Vulnerable Groups

(Principal Agreement:

Clause 12)

26. The Parties agree that the Government shall develop and implement a policy for the support and rehabilitation of the victims of the conflict.

27. The policy for tire support of victims and vulnerable persons and the mechanisms for its implementation shall be consistent with the principles and mechanisms relating to the Agreement on Accountability and Reconciliation.

28. The policy shall include, and the Government shall establish, a special fund for victims, out of which reparations shall be paid, including reparations ordered to be paid by an institution established pursuant to the Agreement on Accountability and Reconciliation.

Livestock

(Principal Agreement:

Clause 13)

29. The Government shall implement the restocking programme under the supervision of the implementing agency identified in clause 11 of the Principal Agreement, and in accordance with clause 13 of the Principal Agreement.

Transitional Security Arrangements

(Principal Agreement:

Part F)

30. The agreement between the Parties on disarmament, demobilisation and reintegraïion shall specify the arrangements to ensure the safety of members of the LRA.

Issues Relating to Land

(Principal Agreement Clause 14)

31. The Government shall ensure that landowners whose lands have been iised for the benefit of displaced persons or otherwise appropriated during the convict are duly compensated or receive redress in accordance wrth the terms of the Principal Agreement.

32. The Government will give priority to strengthening the capacity of District Land Boards and other tribunals in the affected areas to oversee and adjudicate cases of land ownership and disputes.

33. The implementing agency referred to in Clause 11 of the Principal Agreement shall monitor any redress relating to land.

Stakeholders' Conference and Implementation

(Principal Agreement:

Clause 17)

34. The Mediator shall receive from the Parties, as appropriate, reports on the status of the implementation of the Agreement, and shall liaise with the Parties on the preparations for the stakeholders' conference provided for in Clause 17 of the Principal Agreement.

35. The full implementation of this Agreement shall commence upon the final disarmament of all members of the LRA under the Final Peace Agreement.

General Provisions

36. In the appointment of members and staff of any implementation bodies envisaged by this Agreement, overriding consideration shall be given to the competences and skills required for the office, sensitivity to the candidate's knowledge of the affected areas, and gender balance.

37. In subsequent agreements, the Parties shall make further provisions relating to the implementation of this agreement, to include the following:

(a) observation and monitoring mechanisms;

(b) a transitional period after the signing of the Final Peace Agreement;

and

(d) further timeframes for implementing provisions of the agreement.

IN WITNESS WHEREOF the duly authorized representatives of the Parties have on the 22nd day of February 2008

Hon. Ruhakana Rugunda (Dr)

Minister of Internal Affairs and Head of GoU Delegation

Dr David Nyekorach Matsanga

Leader of the LRA/M Deleaation

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 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

Lt. Gen. (Rtd.)

Gilbert Lebeko Ramano

For the Government of the Republic of South Africa

H.E. Heidi Johansen

For the Government of Norway

Ms Anna Sundstrôm

Political Advisor to the EU Special Representative for the Great Lakes Region, For the European Union

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