Newsletter 2/2005 May: Peace in southern Sudan

Genuine amnesty will bring peace

Although amnesty offers the hope for peace in Uganda, it also raises concerns in relation to impunity and the need for justice

By Maja Halleen Graae

The Amnesty Act currently offers the best hope for peace in Northern Uganda. This is the main conclusion of a report by the Refugee Law Project, RLP, on the Act and its potential for conflict resolution and long-term reconciliation.

The report states that, the military solution is deeply unpopular in the North. Not least because the majority of the rebel Lord’s Resistance Army, LRA, are abducted children and military action will certainly lead to the killing of innocent children. Moreover, military action has failed to end the conflict. These views are strengthened by the fact that the Uganda Peoples Defence Forces has not only been unable to protect civilians, they have also been accused of committing atrocities.

“The LRA are not viewed as the only perpetrators of violence in this context,” the report states.

Government not clear

The major factor undermining the amnesty process stressed by the report is the unclear relationship with the government. For the amnesty to function effectively it needs to take place within an environment of trust. 

“The Ugandan government is not interested in peace with the LRA. The December 2004 cease-fire agreement was practically unworkable. The LRA are in the wilderness and they on foot, yet they were given half a day to respond to the proposal by the government. In that short space of time the LRA leadership could not even have time to meet, let alone discuss the proposal,” the former Liaison Officer of the ex-rebels in UNRFII said at the launch of the report.

The short-term nature of the Act also undermines its credibility and is evidence that the government is not serious in its support, says the report. The Act has been extended by six months at a time, and more recently by three months. This negatively impacts the functioning of the Amnesty Commission, as its mandate can expire at any time as well as at the whim of government.

Threat from the Hague

An international threat to the amnesty, which is also linked to the issue of trust, is the intention by the International Criminal Court, ICC, to investigate war crimes committed by the LRA. The ICC’s involvement is seen to jeopardize the amnesty process and reduce the hope for a peaceful resolution to the conflict.

The report stresses that the negative attitude towards the ICC’s involvement is not an indication of either civilian support for Kony, or support for impunity. Rather it is a reflection of the population’s strong awareness of the fact that there is inadequate security to protect them against increased attacks when Kony feels threatened.

“We have seen the consequences are grim when Kony gets angry”, said Lucy Hovil, research assistant with the Refugee Law Project at the launch of the report.

She adds that when those who have suffered most are willing to allow Kony to be granted amnesty it shows “the desire for long-term stability outweighing the demands of modern justice as articulated in international law.”

The research shows, that “while the ICC is seen as a potential mechanism for seeking vengeance for the dead, the amnesty is perceived as an attempt to protect those who are living”.