Stephen Mburu
6 April 2008
Nairobi — Amnesty International has demanded that the Uganda government comply with international law and let rebel leader John Kony face charges of crimes against humanity.
The human rights organisation accuses the government of President Yoweri Museveni of not showing any commitment to allowing Mr Kony, two other rebel suspects and state officials to face the charges at the International Criminal Court in The Hague.
Over a month ago, Mr Kony's Lord's Resistance Army signed a peace deal known as Agreement and Reconciliation with the Kampala government in which the two parties committed to addressing "serious crimes, human rights violations and adverse socio-economic and political impacts" during the more than 20 years of conflict in northern Uganda.
The parties agreed on comprehensive solutions to the conflict, which include special attention to the economic recovery of northern Uganda, positions for northerners in the government, and a fund for reparations for conflict victims.
The accountability and reconciliation mechanism includes the creation of a special division of the high court to handle prosecution of the most serious crimes. The promotion of truth-telling and traditional justice as part of the alternative justice mechanism and amnesty for eligible individuals also were included.
Ceasefire agreement
The agreement on a ceasefire and on disarmament, demobilisation, rehabilitation, reintegration and reinsertion provide for receiving and resettling former combatants through orderly demobilisation. The implementing protocol provides for the Uganda government's making a request to the UN Security Council for the deferment of the ICC arrest warrants after the LRA fully assembles at demobilisation points.
But AI is opposed to any move to defer prosecutions and investigations of crimes against humanity. Instead, it is demanding that the Museveni government release Mr Kony and LRA officials Okot Odhiambo and Dominic Ongwen, so they can be handed over to the ICC for prosecution.
The three have been charged with committing crimes against humanity and other war crimes in northern Uganda.
The organisation argues that it has documented evidence that would incriminate both LRA and government security forces. And it is "deeply concerned" about reports some Security Council members are considering requesting that the ICC defer prosecutions and investigations of crimes against humanity and war crimes in the country.
"Our organisation has documented horrific crimes committed on a massive scale against children and other civilians by members of the LRA and by members of the Ugandan security forces. They amount to crimes under international law," the head of AI international office at the UN, Yvonne Terlingen, said in a letter to the Security Council president.
She argues that it is unfortunate that "impunity has been pervasive throughout the two-decade-long conflict" as the Museveni government "has been unable to provide effective prosecutions and convictions in fair trials for these grave crimes."
"Our organisation is, therefore, convinced that the ICC is best placed to ensure justice for the victims of the conflict The best way to stop the conflict is to arrest top leaders: Joseph Kony, Okot Odhiambo and Dominic Ongwen, who have been charged with committing crimes against humanity and war crimes in northern Uganda."
Following the peace deal, AI reviewed the text and raised serious concerns that many aspects were either vaguely defined or some provisions implied that they would not be fully implemented.
In particular, the human rights watchdog is concerned that the deal seeks "to avoid Uganda's legal obligation to arrest and surrender the LRA leaders to the ICC," and that it fails "to overcome serious weaknesses in the existing national justice system."
The deal, AI argues, proposes "a restrictive approach to the investigation and prosecution of crimes under international law before a special division of the High Court."
The LRA-Uganda government pact also proposes to establish traditional mechanisms and "other mechanisms as alternatives to criminal justice." It laments that the deal fails "to prohibit amnesties for crimes under international law" and that the deal also fails "to set out a victims-focused reparations programme."
It wants Kampala "to commit itself to establishing a comprehensive plan of action to ensure justice, truth and reparations, which addresses the weaknesses" of the deal, and recommends "full and immediate cooperation with the ICC, investigating and prosecuting crimes under international law in fair proceedings that are not a sham before competent, independent and impartial civilian national courts without the death penalty, establishing an effective truth commission, use of traditional and other mechanisms as alternatives to justice and establishing an effective reparations programme."
Days after the February 19 deal, the ICC pre-trial chamber requested Uganda to provide it with detailed information on the steps it had taken to implement the pact signed in Juba, Sudan, last June 29.
Special division
The chamber also asked how the establishment of the proposed special division of the High Court of Uganda and recourse to traditional justice mechanisms would affect the execution of the arrest warrants.
Kampala said it "remained committed to executing them (ICC arrest warrants) should the LRA leadership fail to subject themselves to the process of justice in Uganda."
However, "There is nothing to prevent the three LRA suspects and Uganda, if it wishes to do so, to file an admissibility challenge to the case. However, a deferral by the Security Council could seriously harm the prospect of ending impunity for crimes under international law," Ms Terlingen said.
"A deferral could also undermine the effectiveness of the ICC and any deterrent effect it has by allowing any leader of armed opposition groups or of national armed forces named in an ICC arrest warrant to blackmail the Security Council."
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The conflict needs to be ended...the suffering needs to stop. If that is to occur there must be forgivness..not justice or revenge. Move towards resolution of the suffering. The damage is done move on rebuild!