Great news from Juba, Southern Sudan, where on May 2nd negotiators from the Government of Uganda and the once violently oppositionist group the Lords Resistance Army (LRA) signed an agreement that goes considerably beyond a ceasefire and starts to sketch out the political contours of a final settlement.
This settlement will include the return of the LRA’s fighters to Ugandan society, the much-longed-for return to their lands and farmsteads of 1.5 million or so Ugandans– mainly but not exclusively ethnic Acholis– from the north of their country whom the government has held penned up in strategic hamlets (“IDP camps”) for the past ten years, and some re-ordering of power relations within Ugandan society to increase the real inclusion of those communities into national society.
The Acholis have been the main (but not the only) targets of LRA violence and are also the community from which he and most LRA fighters come and in whose name they claim to speak.
The latest accord was signed by Henry Oryem Okello (perhaps himself an ethnic Acholi?) on behalf of the government and by Martin Ojul, the LRA’s peace delegation chairman. The Daily Monitor notes that the signing was was witnessed not only by the two delegations’ host there in Juba, the Vice-President of Southern Sudan and chief mediator Riek Machar, but also by observers from Kenya, Mozambique, South Africa and Tanzania.
That indicates significant African-state buy-in and support for the agreement.
That report from The Daily Monitor gives these further details:
- The agreement on comprehensive solutions handles issues of participation in national politics, system of government, inclusiveness in participation in the government, ensuring equal opportunities, participation in state institutions, the judiciary, security organs, Internally Displaced Persons, reconstruction of Northern Uganda, land and restocking of cattle in the war affected areas.
“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” the draft copy obtained by Daily Monitor indicates.
The two parties also agreed that the children of the departed LRA combatants shall benefit alongside other conflict-affected children from the Universal Primary Education and Universal Post-Primary Education and Training.
On land, the parties agreed that 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” the agreement reads.
It states that land owners whose land has been used for settlement of IDPs or establishment of barracks and detaches, will be entitled to repossess their land or to receive fair and just compensation.
“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 the quality of livestock in the affected areas,” the draft copy of the agreement said.
“The parties affirm the principle of proportional representation and agree to adopt security measures.
On the system of governance, the parties agreed that government shall, through the Equal Opportunities Commission, review and assess the nature and extent of any regional or ethnic imbalances and disparities in participation in central government institutions and shall take all necessary steps to remedy any anomalies.
Hat-tip to Jonathan Edelstein for having posted about this agreement on Headheeb.
He concludes with this:
- The talks have now adjourned to May 11 to address amnesty from the international war crimes charges against five key LRA leaders. This has proven an obstacle on a number of past occasions necause the Internatonal Criminal Court prosecutor’s office, which is the sole body authorized to withdraw the indictments, has declared that it won’t honor any amnesty agreed by the Ugandan government. With peace so close, and with a Ugandan accord potentially critical to other peacemaking efforts in the region, now is the time for the ICC to change its mind and, if necessary, participate directly in the Juba talks. Whatever the LRA’s atrocities, and they are both real and extreme, the international community’s abstract need to punish them does not outweigh what may be millions of central Africans’ best chance for peace and stability.
In connection with the ICC issue, I see that Elise Keppler and Richard Dicker of Human Rights Watch have recently been in Uganda. They have an article in The Monitor in which they argue:
- the warring parties and the mediators cannot bargain away prosecution of the LRA leaders who have been charged with grave crimes. Simply put, a solution that avoids meaningful justice will undercut the prospects for a durable peace.
I strongly disagree. First of all, these two– like so many other activists within the western-based human rights movement– seem to be completely conflating the concept of “justice” with the idea of the orderly working of a western-style criminal court (though goodness knows, even in the west there are numerous other ways in which the concept of “justice” is understood.) Secondly, the history of the world has been full of peace settlements in which perpetrators of even extremely grave conflict-era atrocities were not all prosecuted; and many of those peace agreements have proven remarkably durable over time. (Perhaps if Keppler and Dicker really want to hold perpetrators of very serious conflict-era atrocities to account in a criminal court, they might start closer to HRW’s home and start agitating for the prosecution of the US’s very own ‘shock and awe” campaigns around the world??)
Keppler and Dicker write that they did go visit some of the members of the IDP communities in northern Uganda. And they write this about what they learned and heard there:
- Nearly all those we met in displaced camps expressed an intense desire to return to their homes. A number conveyed real concern that prosecution of LRA leaders could further delay their departure and therefore saw the ICC as an obstacle. A distinct vocal minority, however, declared a desire to see those most responsible brought to trial, although they questioned how the ICC could arrest those it had charged.
I read this as them clearly conceding that most of the people they heard from in the camps saw the ICC as an obstacle– which tracks exactly with my own findings when I was in northern Uganda last summer. But Keppler and Dicker– no doubt writing after their own return either to the comforts of a decent hotel in Kampala, or perhaps after a return to their comfortable homes and well-equipped offices in New York– blithely assume that they know what’s best for these people! (It would be nice if they had written a little more about the extremely bleak, comfortless, and often actually lethal conditions inside the IDP camps there.)
It is also faintly hilarious when they write: “A peace worth having cannot rest on impunity. It is up to key players such as the UN Secretary-General’s special envoy, former Mozambican President Joaquim Chissano to convey this message loud and clear at the Juba talks.”
Chissano, after all, was the far-sighted leader of Mozambique’s Frelimo government who intitiated and then concluded a peace agreement with the Renamo insurgents that was based precisely on the approach of using a blanket amnesty for all perpetrators of conflict-era violence (of which there had been considerable amounts), and on traditional healing and sociopolitical reconstruction.
Keppler and Dicker are notably silent about the inspiring achievements that Chissano and his country registered in building a stable and rule-of-law-based peace on the basis of this approach. If you want to read my own reflections on the contribution that war crimes amnesties made to building a sustainable peace in post-civil war Mozambique and post-apartheid South Africa, you can do so here. (And if you want to read the whole book of which that is the concluding paragraph, you can get it from the publishers.)
But anyway, the main message of this post is: a big congratulations to all the negotiators for the work they’ve done so far! And let’s hope they can finish the rest of the work on the agreement soon, and get implementation off to a successful start before the next planting season.