A Future for Ugandan Children? The Tension between Peace and Justice

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The resumption of negotiations between the government of Uganda and the rebel Lord's Resistance Army, aimed at ending the twenty-year war in northern Uganda, provides a historic opportunity for a peaceful resolution to one of Africa's most horrific and long-running conflicts. Yet, the outstanding war crimes indictments of rebel leaders continue to be both a serious impediment to any agreement and a dilemma for advocates of peace with justice.

The stakes for the millions of war-affected people in northern Uganda and southern Sudan could not be higher. For more than two decades, the Lord's Resistance Army (LRA), a rebel group born out of Uganda's post-colonial history of violence and division, has employed brutal tactics to terrorize the people of northern Uganda while launching attacks against the government. Having lost the support of the locals long ago, LRA leaders resort to kidnapping and brainwashing children, tens of thousands of whom they have exploited as child soldiers and sexual slaves.

LRA fighters have benefited from a corrupt and ineffective Ugandan army and poor policies from the national government. In 1996, the government launched its "protected villages" strategy, whereby it forcibly displaced the population in war-affected areas into camps that lack security from LRA attack, as well as basic infrastructure for health, education, and livelihood activities. The result has been catastrophic; a July 2005 mortality survey conducted by the UN concluded that more than 900 people are dying each week due to conditions in the camps.

But a confluence of changing dynamics -- notably the signing of a peace agreement in Sudan, where the LRA has been based, and the release in 2005 of International Criminal Court (ICC) indictments for five top LRA leaders -- put pressure on the parties and set the stage for renewed negotiations.

Mediated by the Government of South Sudan, the talks have moved forward in fits and starts, but the government and rebel leaders are displaying a new willingness to find a peaceful resolution to the war. Mounting international attention has led to new pressure on the Ugandan government. The LRA appears more committed to finding a peaceful settlement, as it hopes to avoid conflict with the various military forces in the region and sees the opportunity to reclaim local favor by addressing the historical grievances of northern Ugandans in negotiations. LRA leaders hope that an agreement would include the revocation of the ICC indictments. But serious barriers remain.

The issue of the ICC indictments remains one of the biggest obstacles to ending the war. LRA leader Joseph Kony has indicated that he will not stop fighting until the indictments are revoked. Some local leaders have supported this request, pleading for an immediate end to the war.

Many northern Ugandans argue that local practices of restorative justice are preferable. Archbishop Odama of Gulu has even offered himself to the ICC in place of the LRA leaders if they agree to end the war. Many human rights proponents, however, have criticized the willingness of the Ugandan government to shield the LRA from the ICC indictments, arguing that no deal reached will be sustainable without strong prosecutorial components.

According to the Rome Statute, the legal framework of the ICC, indictments can be neutralized in only two ways. The first option involves the Chief Prosecutor and Court judges, who can revoke the indictments "in the interest of justice" or if local judicial capacity is deemed capable of handling prosecutions. It is unlikely, however, that rebel leaders would agree to a peace deal that leads to the level of accountability demanded by ICC officials. Alternatively, the UN Security Council could suspend the indictments on an annual basis.

The dilemma is painful. No one wants to set a precedent providing impunity to war criminals, yet putting an end to the war seems more important than punishing leaders for past crimes. Jessica Huber, of the Quaker UN Office, said northern Ugandans feel this tension acutely. "I met with King David Onen Acana of the Acholi on April 12, 2007, and he told me they want the war to be over, but they want justice too. The Acholi people want accountability."

The US Government -- a strong ally of the Ugandan government and key player in the region -- has not yet declared support for the talks or sent an envoy to participate in them, despite strong lobbying from concerned citizens. Gaining US endorsement of the process will be critical if the talks are to progress.

This month, we are launching a new campaign, called Resolve Uganda, to make this happen. A Congressional resolution urging the administration to support the peace process in Uganda passed the Senate earlier this year. It will be taken up by the House (as H.Con.Res.80) this spring.

Resources on the conflict in Uganda not listed in printed edition.

The Quaker UN Office (QUNO) works extensively on Uganda
Quno lists additional Quaker Organizations working in Uganda
and additional Uganda resources

Uganda Conflict Action Network

The Annual GuluWalk to raise funds and awareness of the conflict, October 20, 2007