Agreement between the Government of the Republic of Uganda and LRA/M

Uganda, East Africa

Parties: Government of the Republic of Uganda; Lord’s Resistance Army/Movement (LRA/M)

Note: The Final Peace Agreement was never signed by the Parties.

Type: Intra-state

The Parties to the Agreement on Comprehensive Solutions agreed on directive principles to guide the implementation of the Agreement, including active participation of citizens in their own governance at all levels, a government broadly representative of the national character, gender and social diversity, balanced development with special measures for least developed areas, affirmative action for marginalised groups and leaders to use unifying language. The Parties agreed the freedom of Ugandans to choose a system of governance, inclusive participation in government, equal opportunities and participation in state institutions. The Parties agreed that the government would restore and strengthen the judiciary and promote access to justice in the conflict-affected areas. The Parties affirmed 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.

The Parties agreed that members of the LRA who are willing and qualify would be integrated into the national armed forces and other security agencies. The Parties agreed that the children of departed LRA combatants should benefit alongside other conflict-affected children from the policies of universal primary and post-primary education and training. The Parties agreed that the Uganda police would take over constitutional responsibilities in affected districts. The Parties agreed to create the conditions for the voluntary, dignified and secure return of IDPs, with the Government availing resources for their return. The Parties agreed on the need to adopt a strategy for the recovery of conflict-affected areas in North and North-East Uganda. The Parties agreed that the government would facilitate the development of a Northern Uganda Peace, Recovery and Development Programme.

The Parties set out the institutional framework for the comprehensive programmes for recovery of Northern and Northeastern Uganda. The Parties further agreed that the government would develop and implement a policy for the support and rehabilitation of victims of the conflict and provide special assistance to vulnerable groups. The government would strengthen and fast-track restocking of livestock in affected areas. The Parties also agreed on principles to guide issues relating to land. The Parties agreed that after the signing of the final peace agreement, a stakeholder conference would be convened, including political, civil, religious, traditional leaders, etc., to sensitise them on the agreement and their role in its implementation.

The Parties to the Agreement on Accountability and Reconciliation committed to promoting national legal arrangements for accountability through formal and non-formal institutions to ensure justice and reconciliation. The Parties agreed that a comprehensive, independent and impartial analysis of the history and manifestations of the conflict, particularly the human rights violations and crimes committed, is essential for attaining reconciliation at all levels. The Parties agreed to the widest possible consultation in the development and implementation of the principles and mechanisms in this Agreement. The Parties agreed that traditional justice mechanisms as practiced by affected communities would be promoted with the necessary modifications as part of the framework for accountability and reconciliation. The Parties agreed to guarantee the right to a fair hearing and due process, legal representation and the need to ensure the safety and privacy of witnesses. The Parties agreed that provision would be made for the recognition of confessions and other cooperation for purposes of sentencing and sanctions. The Parties agreed that formal criminal and civil justice measures would be applied to any individual who is alleged to have committed serious crimes or human rights violations in the course of the conflict and that prosecution would be based on systematic, independent and impartial investigations.

The Parties recognised that Uganda has institutions, mechanisms and customs to address the crimes and human rights violations, and agreed to an overarching justice framework comprising formal criminal jurisdiction and complementary alternative justice mechanisms that would promote reconciliation, including traditional justice, alternative sentences, reparations, etc. The Parties agreed that the Uganda Human Rights Commission and the Uganda Amnesty Commission are capable of implementing the Agreement, and agreed to introduce the necessary legislation, policies and procedures for the accountability and reconciliation framework. The Parties agreed on the modalities for applying formal justice, including sentencing and sanctions. The Parties agreed that truth-seeking and truth-telling processes and mechanisms would be promoted. The Parties agreed that it is essential to acknowledge and address the suffering of victims. The Parties agreed on the different forms that reparations may take, and acknowledged the need to adopt gender-sensitive and child-sensitive approaches in implementing the Agreement. The Parties agreed on their mutual obligations and undertakings, including that the Government would have the responsibility of mobilising the resources to implement the Agreement.

The Parties in the Annexure to the Agreement on Accountability and Reconciliation set out a framework by which accountability and reconciliation would be implemented, and agreed that the government would prepare legislation and procedures for its implementation. The Parties agreed that the government would establish a body to consider and analyse any relevant matters including the history of the conflict, inquire into human rights violations, hold private and public hearings, encourage the preservation of memory, and gather information on people disappeared during the conflict, amongst others, and make its findings public. In relation to the legal and institutional framework, the Parties agreed to establish a special division of the High Court to try individuals alleged to have committed serious crimes during the conflict. The government would establish a unit for carrying out investigations and prosecutions, with a focus on individuals alleged to have planned or carried out widespread, systematic or serious attacks directed against civilians. The Parties agreed that rules and procedures would regulate the manner in which an individual may cooperate with any investigations and proceedings, and arrangements would be made for reparations to victims. The Parties agreed that traditional justice would be a central aspect of the alternative justice and reconciliation framework.

The Parties to the Implementation Protocol agreed on principles of participation in national politics, including that the Government in making public appointments would ensure commensurate representation of the people from conflict-affected areas. The Parties agreed that the Government would operationalise the Equal Opportunities Commission and consider for appointment persons from North and Northeastern Uganda to the Commission. The Parties agreed that the government would adopt and actively promote a policy for increasing access to tertiary education and training for persons from conflict-affected areas, strengthen institutions of justice and deploy the Uganda police in these areas. The Parties agreed that the Government would ensure that the composition of the armed forces and other security agencies reflects the national character and integrate former LRA combatants into the armed forces. The Parties agreed that the Government would develop and implement a strategy for assisting the return and resettlement of IDPs and promote recovery programmes in the affected areas through implementing the Peace, Recovery and Development Plan. The Government would promote policies and programmes to address and mitigate any adverse environmental impacts of the conflict. The government would develop and implement a policy for the support and rehabilitation of the victims of the conflict, establish a special fund for victims and implement a restocking programme. The Parties agreed that the government would ensure that displaced landowners are compensated or receive redress.

The Parties to the Agreement on Implementation agreed to establish an Oversight Forum to oversee and monitor the implementation of the Final Peace Agreement and that they would agree on an Implementation Schedule. The Parties agreed that the Oversight Forum would promote confidence-building measures between the Parties and agreed on its composition and resources. The Parties agreed on the roles of the Chief Mediator and a Joint Liaison Group to monitor implementation of the Agreement. The Parties set out provisions on the transitional period, including on the obligations of the government, LRA and Chief Mediator. The Parties agreed that upon the Disarmament and Demobilisation of LRA members the LRA/M would stand dissolved.

The Parties to the Agreement on Disarmament, Demobilisation and Reintegration agreed to ensure national and community ownership and leadership of the DDR process and to ensure that the DDR protects and benefits women and ensures their equal participation. The Parties agreed that the government would adopt a Reintegration Policy to ensure that the DDR forms an integral part of the Northern Uganda Peace, Recovery and Development Programme and promotes the rights of women and children. The Parties agreed that LRA members who do not join the armed forces or other security agencies would be demobilised. The government committed to implement a return and reintegration programme for children associated with the LRA and reintegration programmes that are responsive to the needs and aspirations of the youth and women. The Parties agreed to the adoption of a Disarmament Operations Plan. The Parties agreed that former LRA combatants and non-combatants would be supported in their transition to civilian life, including through provision of schooling or vocational training.