Warring Ugandan parties signs deal on accountability, reconciliation

By Isaac Vuni

June 30, 2007 (JUBA) — The warring Ugandan parties have finally workout an agreement on accountability and reconciliation and signed it, last night, at Juba Raha Hotel, after more than two months of negotiation, Chief mediator and Vice President of Southern Sudan government, Riek Machar Teny-Dhurgon has announced.

The agreement, which deals with the third item on the talks’ five-point agenda, will create a commission to investigate possible war crimes committed by both sides and that a traditional, tribal process will be used to try rebels accused of war crimes.

The VP said the signed agreement commits both the Lord’s Resistance Army/Movement (LRA/M) and the government of Uganda to fully take charge of accountability and reconciliation that would be base on African traditional justice application combined with legal institutional framework, legislative and constitutional changes that are needed and common justice processes including sentences and sanctions. Issues pertain to gender women girls and child needs resources for its implementation.

Meanwhile the LRA spokesman, Mr. Godfry Ayo, said they are going to consult with their principle on modality of implementation processes through a guideline provided by the mediators. The LRA/M spokesman disclosed that they will resume talks on July 31st 2007. Some of the joyful members of the government delegations extended open invitation for LRA/M to return home as they greet each other.

The Lord’s Resistance Army has fought to overthrow the government since 1986.

The full text of eleven page documents stated that:

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

The accountability processes stipulated in this Agreement shall relate to the period of the conflict. However, this clause shall not prevent the consideration and analysis of any relevant matter before this period, or the promotion of reconciliation with respect to events that occurred before this period.

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

The Parties agree that at all stages of the development and implementation of the principles and mechanisms of this Agreement, the widest possible consultations shall be promoted and undertaken in order to receive the views and concerns of all stakeholders, and to ensure the widest national ownership of the accountability and reconciliation processes. Consultations shall extend to state institutions, civil society, academia, community leaders, traditional and religious leaders, and victims.

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.

Traditional justice mechanisms, such as Culo Kwor, Mato Oput, Kayo Cuk, Ailuc and Tonu ci Koka and others as practiced in the communities affected by the conflict, shall be promoted, with necessary modifications, as a central part of the framework for accountability and reconciliation.

Conduct of Proceedings

The Parties recognise that any meaningful accountability proceedings should, in the context of recovery from the conflict, promote reconciliation and encourage individuals to take personal responsibility for their conduct.

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

In the conduct of accountability and reconciliation 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

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 shall not prejudice the rights of cooperating individuals.

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

Legal representation

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 shall be entitled to be legally represented.

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

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.

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

Obligations towards Accountability

Formal 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.

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

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

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

Obligations through Legal and Institutional Framework

The Parties affirm that Uganda has institutions and mechanisms, customs and usages as provided for and recognised 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.

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 complementary alternative justice mechanisms.

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

Insofar as practicable, accountability and reconciliation processes shall 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.

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

Obligations through Legislative and policy changes

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.

Obligations through Formal Justice Processes

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 crimes amounting to international crimes, during the course of the conflict.

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

Obligations through Sentences and Sanctions

Legislation shall introduce a regime of alternative 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.

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; take into account an individual’s admissions or other cooperation with proceedings; and, require perpetrators to make reparations to victims.

Obligations through Reconciliation

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

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

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

Obligations towards Victims of the Conflict

The Parties agree that it is essential to acknowledge and address the suffering of victims, paying attention to the most vulnerable groups, and to promote and facilitate their right to contribute to society.

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

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

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

Obligations towards Reparations

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.

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

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

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.

Obligations towards Women and Girls

In the implementation of this Agreement the warring parties agreed to recognise and address the special needs of women and girls and ensure that their experiences, views and concerns are recognised and taken into account, protect dignity, privacy and avail them security. Encourage and facilitate the participation of women and girls in processes of implementing this agreement.

Obligations towards Children

When implementing this Agreement, the warring parties have agreed to recognise and address the special needs of children and to adopt child-sensitive approaches.

Recognise and consider the experiences, views and concerns of children. Protect the dignity, privacy and security of children in any accountability and reconciliation proceedings.

To ensure that children are not subjected to criminal justice proceedings, but may participate, as appropriate, in reconciliation processes an to promote appropriate reparations for children.

Encourage and facilitate the participation of children in the processes of implementing this Agreement while Ugandan Government will avail and solicit resources for the effective implementation of this Agreement.

Obligations and Undertakings by the Warring Parties

The warring Ugandan Parties have to expeditiously consult and develop mechanisms proposals for implementation these principles.

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

The Juba peace talk agreement compelled Uganda Government to adopt an appropriate policy framework for implementing the terms of this Agreement

To 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.

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

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

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 Disarmament, Demobilisation, and Reintegration.

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.

Whereas the LRA/M shall assume obligations and enjoy rights pursuant to this agreement aand shall actively promote the principles of this accord. This agreement shall take effect upon signature of the duly authorized representatives of the parties who have appended their respective signatures at Juba, South Sudan, and this 29th day of June 2007 at 10.5 pm witnessed by Riek Machar Teny-Dhurgon Vice President, Government of Southern Sudan and Chief Mediator between the Government of Uganda and Lord’s Resistance Army/Movement Peace Talks, Japheth R Getugi for the Government of the Republic of Kenya, Ali I Siwa for the Government of the United Republic of Tanzania.

The five LRA indicted commanders by the International Criminal Court (ICC) for crimes against humanity, including abduction, sexually enslavement, mutilations and killing innocent people messes; Joseph Kony, Vincent Otti, Okot Odhiambo, Dominic,Ongwen and Raska Lukwiya who is reported to have died last year in April.

The signing ceremony ended by singing Ugandan national anthem and it was finally blessed by heavenly rain which is the best omens according to African traditional believed.