Agreement on Comprehensive Solutions between the Government of the Republic of Uganda and the LRA/M

Country/entity
Uganda
Region
Africa (excl MENA)
Agreement name
Agreement on Comprehensive Solutions between the Government of the Republic of Uganda and the LRA/M
Date
2 May 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
In witness of the above, the duly authorize representatives of the Parties have signed this Agreement.

Hon. Okello Henry Oryem, Minister of State for International Relations; Deputy Head of GOU and Acting Head of GoU Delegation

Mr. Martin Ojul, Leader of the LRA/M Delegation
Third parties
Witnessed by:

H.E. Dr. Samson L. Kwaje, Minister for Information and Broadcasting, Government of Southern Sudan and Acting Mediator of the Peace Talks

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

H.E. Francisco Caetano Madeira, For the Republic of Mozambique

Lt.-Gen (Rtd) Gillbert Lebeko Ramano, For the Republic of South Africa

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

W. David Gressly, UN Deputy Resident and Humanitarian Coordinator Southern Sudan
Description
Recognising the impact of the conflict, including the regional disparities and imbalances in the country, the Agreement is committed to finding comprehensive, just and durable solutions to the conflict between the parties. The agreement includes, inter alia, provisions on inclusiveness and equal opportunities in participation in national politics and state institutions, including the government, the judiciary, security organs, and promotes economic and social development of north and north-eastern Uganda.
Main category
C: PARTICIPATION IN NATIONAL POLITICS AND INSTITUTIONS

2.1.b. The composition of Government shall be broadly representative of the national character gender and social diversity of the country. (p. 3)
2.1.f. The Government shall take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which may exist against them. (p. 4)

5.0 Ensuring equal opportunities

The Parties agree that the recently enacted Equal Opportunities Law, shall be used to ensure equal treatment of all groups within Uganda; specifically, the elimination of inequalities and discrimination against any individual or group of persons on the ground of ethnic origin, social or economic standing, gender, disability, or political opinion. (p.5)



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, female-headed households, persons with disabilities (PWDs), persons living with HIV/AIDS and the elderly.

Women, girls and gender

Participation
Participation→Effective participation
Page 3, C: PARTICIPATION IN NATIONAL POLITICS AND INSTITUTIONS, 2.0 Principles of Governance, 2.1: ...b. The composition of Government shall be broadly representative of the national character gender and social diversity of the country.
...f. The Government shall take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which may exist against them
Equality
Equality→Equality (general)
Page 5, C: PARTICIPATION IN NATIONAL POLITICS AND INSTITUTIONS, 5.0 Ensuring equal opportunities: The Parties agree that the recently enacted Equal Opportunities Law, shall be used to ensure equal treatment of all groups within Uganda; specifically, the elimination of inequalities and discrimination against any individual or group of persons on the ground of ethnic origin, social or economic standing, gender, disability, or political opinion.
Equality→Social equality
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, female-headed households, persons with disabilities (PWDs), persons living with HIV/AIDS and the elderly.
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

No specific mention.

Development
Development→Health (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.
Implementation

No specific mention.

Other

No specific mention.

AGREEMENT ON COMPREHENSIVE SOLUTIONS BETWEEN THE GoVERNMENT OF THE REPUBLIC OF UGANDA AND LORD'S RESISTANCE ARMY/MOVEMENT

JUBA, SUDAN

A: PREAMBLE

This Agreement (herein referred to as the "Agreement") signed

BETWEEN the Government of the Republic of Uganda (GoU) and the Lord's Resistance Anny/Movement (LRA/M);

(hereinafter referred to as

"the Parties");

witnesseth that:

WHEREAS the Parties are determined to peacefully resolve the conflict affecting north and north eastern Uganda;

and having accepted with

appreciation the mediation of the Government of Southern Sudan (GOSS) and support of the international community for a negotiated

settlement to the conflict;

AWARE of the impact of this conflict which has left thousands of people dead or injured caused suffering and has adversely affected the

political and socio-economic development in the area;

RECOGNISING the regional disparities and imbalances in terms of socio-economic and infrastructural development of the country as a

result of history and the conflict;

COGNIZANT of the vision and ideals of the people of Uganda enshrined in the Constitution and laws of the Republic of Uganda, and in

international charters and conventions, which promote, among others, national unity, equality, peaceful and harmonious co-existence,

representation of all in and by the Government, national reconciliation, fundamental freedoms, and affirmative action to redress any imbalance ;

COMMITTED to finding comprehensive, just and durable solutiom to the conflict between the Parties by peaceful means and through dialogue;

NOW THEREFORE, the Parties hereto agree to adopt this Agreement, which shall form an integral part of the final peace agreement on the

conflict, as follows:

B: DEFINITIONS

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

"Agreement'' means this agreement read together with the relevant parts of the implementation protocol

"North and north eastern" refers to the conflict affected areas of Acholi (Amuru, Gulu, Kitgum and Pader) Lango (Dokolo, Lira, Oyam, Apac and Amolatar) Teso (Amuria, Kaberamaido, Katakwi and Soroti) West Nife (Adjumani)

"Government Institutions" mean and include Government Ministries, the Armed Forces, Statutory Commissions and Authorities, and Parastatal Bodies;

"Internally displaced persons" (IDPs) are persons or groups of persons who have been forced or obliged to, flee or leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recogonized state border.

"The Government" means the Government of tile Republic of Uganda.

C: PARTICIPATION IN NATIONAL POLITICS AND INSTITUTIONS

2.0 Principles of Governance.

2. l The Parties shall adhere to the following objectives and directive principles enshrined in the Constitution as the guiding principles in the implementation of this Agreement:

a) The State shall be based on democratic principles, which empower and encourage the active participation of all citizens at all levels in their own govemance.

b) The composition of Government shall be broadly representative of the national clmacter, gender and social diversity of the country.

e) Every effort shall be made to integrate all the peoples of Uganda in governance while at the same time recognizing the existence of their ethnic, religious, ideological, political and cultural diversities.

d) The Government shall take necessary measures to bring about balanced development of different areas of Uganda and between the rural and urban areas.

e) The Government shall take special measures in favour of development of the least developed areas.

f) The Government shall take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which may exist against them.

g) All persons are equal before and under the law in all spheres of political, social and cultural life, and in every other respect and shall enjoy equal protection of the law.

h) The Parties affirm that there shall be no arbitrary detentions.

2.2 In the conduct of public affairs, leaders shall use constructive and unifying language.

2.3 The Parties also agree that implementation of this agreement shall be guided by relevant principles embodied in international treaties and conventions ratified by the Government of Uganda

3.0 System of Government.

3.1 All power belongs to the people who shall exercise their sovereignty in accordance with the Constitution.

3.2 The Parties reaffirm the freedom of Ugandans to choose, advocate and promote democratically a system for their governance.

3.3 The Parties recognise the right of any Ugandan or group of Ugandans to promote any system of governance, including federalism through.

constitutional means.

3.4 The parties also recognise the constitutional duty of parliament to enact a law providing for the right of the citizens to request the

Electoral Commission to hold a referendum on any issue.

4.0 lnclusiveness in Participation in Government.

The parties recognise that the Constitution of Uganda makes it incumbent that the Government of Uganda shall be structured so as to ensure that all Ugandans are represented in and by it, and have access to government services.

5.0 Ensuring equal opportunities

The Parties agree that the recently enacted Equal Opportunities Law, shall be used to ensure equal treatment of all groups within Uganda;

specifically, the elimination of inequalities and discrimination against any individual or group of persons on the ground of ethnic origin, social or economic standing, gender, disability, or political opinion.

6.0 Participation in State Institutions.

6.1 The Parties agree that the Government shall, through the Equal Opportunities Commission, review and assess the nature and extent of any regional or ethnic imbalances disparities in participation in Central Government institutiom and shall take all necessary steps to remedy any anemfilies.

6.2 The Government, on advice of the Equal Opportunities Commission, shall develop and support special programmes to remedy any imbalances or disparities for the north and north eastern parts of the country.

7.0 The Judiciary

7.l The Parties recognise the duty of all Ugandans to respect the independence of the judicjary in accordance with the Constitution of Uganda

7.l The Parties agree that the· Government shall restore and strengthen the institutions of the rule of law in the conflict affected areas of Uganda where such institutions have been disrupted.

7.2 The Government shall promote access to justice in the affected areas.

8 Institutional Arrangements for Security Orga.ns ..

8.1 The Parties affirm the principle of proportional representation of all the regions in the armed forces and other security agencies as a

guarantee for sustainable stability in the .country.

8.2 The Parties agree that members of the LRA who are willing and qualify shall be integrated into the national armed forces and other

security agencies in accordance with subsequent agreements between the Parties.

8.3 The Parties affirm that the children of the departed LRA combatants shall benefit alongside other conflict-affected children from the policies of Universal Primary Education (UPE) and Universal Post-Primary Education and Training (UPPET).

8.4 The Parties agree that the Uganda Police shall fully take over its constitutional responsibilities in the affected districts.

D: RETURN, RESETTLEMENT AND REHABILITATION OF INTERNALLY DISPLACED PERSONS

9.0 Humanitarian laterventions on Impact of the Conflict

9.1 The Parties commit themselves to ending the conflict and thereby ensuring the conditions for the voluntary, dignified and secure return of all IDPs in accordance with the principles adopted in the IDP Policy.

9.2 The Parties agree that the Government shall avail resources to facilitate the process of return of IDPs.

9.3 The Parties call upon the international community to continue and increase its assistance to the people of the affected areas in ameliorating the impact of the conflict.

E: ECONOMIC AND SOCIAL DEVELOPMENT OF NORTH AND NORTH EASTERN UGANDA

10 Strategy for Recovery.

10.l The Parties recognise the vital need for adopting an overarching framework for delivering sound and comprehensive programmes for the recovery of conflic affected areas of north and north eastern Uganda, and agree that the Government shall:

10.1.1 Facilitate the further development and adoption of the Northern Uganda Peace, Recovery and Development Plan (PROP).

10.1.2 Ensure that recovery programmes are implemented expeditiously and where necessary "fast tracked" in order to respond effectively to the post-conflict needs in affected areas.

10.1.3 Ensure an enabling environment for pursuing private economic activity in affected areas and shall take steps to support the access of communities and individuals to micro finance institutions that offer credit.

10.2 The Government of Uganda shall take affirmative action to revamp the institutions of learning, health and other social services in the conflict affected areas.

11 Institutional Framework.

The Parties agree that:

11.1 The comprehensive programmes for the recovery of the affected areas of north.em and north eastern Uganda shall be implemented through:

a) A mechanism that ensures easy access to funds by the targeted comm1mitie.s for resettlement and enhancement of productive capacities.

b) A national and self-accounting body to be established by an Act of Parliament, shall be the implementing agency for the institutional and infrastructural development of the areas affected by the conflict

12 Vulnerable Groups.

12.1 The Parties agree that the Government of Uganda shall develop and implement in the affected areas a policy for the support and rehabilitation of victims of the conflict.

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, female-headed households, persons with disabilities (PWDs), persons living with HIV/ AIDS and the elderly.

13 Livestock.

13.l The parties recognise the substantial loss of livestock, in the north and northeastem parts of Uganda which loss has had severe social and economic implications.

13.2 The Government shall strengthen and fast track re-stocking programmes in the affected areas by committing additional resources to mitigate the effect of losses of livestock taking into account individual losses and the need to improve on the quality of livestock in the affected areas.

14 Issues Relating To Land.

14.l The Parties affirm that land in Uganda belongs to the citizens of Uganda, and shall vest in them in accordance with the land tenure systems provided for in the Constitution.

The Parties further recognize that land is central in the lives of communities and individuals.

14.2 The District Land Boards, which are mandated by law, among other things, to coordinate and monitor land use in the country may explore and adopt additional mechanisms for protection of land rights.

14.3 The Parties affirm that in accordance with the Constitution and the Land Act of 1998, fair and equitable compensation shall be payable in case of expropriation of land.

No expropriation shall be allowed except in the public interest and in accordance with the law.

14.4 The Parties agree that no customary or communal land in north and north eastern Uganda shall be sold or purchased without the

express consent of the concerned community.

14.5 Land owners whose lands have been used for settlement of internally displaced persons or establishment of barracks and detaches, shall be entitled to repossess their land or to receive fair and just compensation.

14.6 The conflict in north and north eastern Uganda has caused significant environmental degradation.

In this regard, measures shall be taken to restore and manage the environment sustainably.

F: TRANSITIONAL SECURITY ARRANGEMENTS

15 The Parties recognise the need to provide protection to the LRA leaders, combatants and pettSonnel during the transition from conflict to peace, and hereby agree to adopt security measures in subsequent agreements.

16 The Parties shall promote and engender trust between each other and undertake appropriate coniidence--building measures.

17 Stakeholders' Conference.

After the final Peace Agreement has been signed, the mediator in consultation with the parties shall convene, a meeting in Uganda comprised of political, Civic, Religious, Traditional leaders e.t.c to sensitize them on the provisions of 1he agreement, their role in its implementation and to disseminate the information to the grassroots.

18 Implementation

18.1 Implementation modalities of this agreement shall be contained in a protocol signed by the Parties.

18.2 The protocol shall form an integral part of the final Agreement.

In witness of the above, the duly authorized representaives of the Parties have signed this Agreement on the 2nd day of May 2007.

Hon. Okello Henry Oryem

Minister of State for International Relations;

Deputy Head of GOU Delegation and Acting Head of GoU Delegation

Mr. Martin Ojul

Leader of the LRA/M Delegation

Witnessed by:

H.E. Dr. Samson L. Kwaje

Minister for Information and Broadcasting, Government of Southern Sudan and Acting Mediator of the Peace Talks.

H.E. Japheth R. Getugi

For the Government of Republic of Kenya

H.E. Francisco Caetano Madeira

For the Goverment of Republic of Mozambique

Agreement on Comprehensive Solutions

Lt.-Geo (Rtd) Gilbert Lebeko Rainano

For the Government of the Republic of South Africa

H.E. Ali I. Siwa

For the Government of the United Republic of Tanzania

W. David Gressly

UN Deputy Resident and Humanitarian Coordinator Southern Sudan