Annexure to the Agreement on Accountability and Reconciliation

Country/entity
Uganda
Region
Africa (excl MENA)
Agreement name
Annexure to the Agreement on Accountability and Reconciliation
Date
19/02/2008
Agreement status
Multiparty signed/agreed
Agreement/conflict level
Intrastate/intrastate conflict (Ugandan Conflicts (1970 - )
Uganda has long experienced tensions along ethnic, religious and national lines. On independence in 1962, Ugandan politics were defined by smaller monarchies, among which the Southern Kingdom of Buganda dominated the national sphere. Resistance to this system was the campaign platform of the Uganda People’s Congress (UPC) led by Milton Obote, who won the 1962 elections. Tension between the Buganda’s ruler King Mutesa II and Obote with his then-ally Idi Amin, led to Obote changing the constitution, abolishing the monarchic system and thus, centralizing power. However, a split between Obote and Amin eventually led to a military coup d’état in 1970, which brought Amin the presidency where he instituted his genocidal regime.

Despite economic collapse, President Amin was only removed from power following a failed attempt at invading Tanzania in 1979, whereby the Tanzanian counter-attack alongside forces loyal to former-President Obote toppled Amin. Authoritarianism continued under the new regime, after Obote won the 1980 elections under dubious circumstances, and in 1985, Obote was once again deposed in a coup. Out of the fray, Yoweri Museveni and the National Resistance Army (NRA) captured the presidency in 1986 and began instituting economic and democratic reforms.

Resistance to Museveni, however, continued with various insurgencies across the country including by former-supporters of President Obote or President Amin. Other insurgencies based on chiliastic beliefs based on the return of Jesus Christ, most notably the Holy Spirit Movement, fought in the late 1980s before splintering into several smaller factions. One such faction later became the Lord’s Resistance Army (LRA) led by Joseph Kony. Many of the 22 or more insurgency groups estimated to contain more than 40,000 insurgents, operate from across the Ugandan border and are based in either South Sudan or the Democratic Republic of Congo.

Ugandan Conflicts (1970 - ) )
Stage
Framework/substantive - partial (Multiple issues)
Conflict nature
Government
Peace process
135: Uganda peace process
Parties
Hon. Ruhakana Rugunda (Dr) Minister of Internal Affairs and Head of GoU Delegation

Dr David Nyekorach Matsanga, Leader of the LRA/M Delegation
Third parties
Witnessed by:

H.E. Lt. General Riek Machar Teny-Dhurgon (PhD), Vice President, Government of Southern Sudan And Chief Mediator of the Peace Talks.

H.E. Andre M Kapanga (PhD), for the Government of the Democratic Republic of Congo.

H.E. Japheth R. Getugi, for the Government of the Republic of Kenya.

H.E. Nsavike G. Ndatta, for the Government of the United Republic of Tanzania.

H.E. Francisco Caetano Madeira, for the Government of the Republic of Mozambique.

Lt. Gen. (Rtd.) Gilbert Lebeko Ramano, for the Government of the Republic of South Africa.

H.E. Jan Ledang, for the Government of Norway.

Ms Anna Sundström, Poltical Advisor to the EU Special Representative for the Great Lakes Region, For the European Union.

Mr Timothy R. Shortley, Senior Advisor to the Assistant Secretary of State for African Affaris, for the Government of the United States of America.
Description
The annexure to the ‘Agreement on Accountability and Reconciliation’ sets out mechanisms that will allow for the implementation of the provisions of the principal agreement. It establishes a body in charge of inquiring past atrocities, and a special division of the High Court of Uganda to deal with serious crimes. It also entails transitional justice provisions such as reparations and traditional justice mechanisms.

Agreement document
UG_080219_Annexure to Account Recon Agreement.pdf

Main category
Page 2, Inquiry into the Past and related matters
Article 4.

The Government shall by law establish a body to be conferred with all the
necessary powers and immunities, whose functions shall include:

...

4.c. To inquire into human rights violations committed during the conflict, giving particular attention to the experiences of women and children;

...

4.e. to make provision for witness protection, especially for children and women;

...

4.f. to make special provision for cases involving gender based violence;

Page 3, Article 8.
The special division of the High Court shall have a registry dedicated to
the work of the division and in particular, shall make arrangements to facilitate the protection and participation of witnesses, victims, women and children.

Page 4, Investigations and Prosecutions
Article 13.

Investigations shall

13.c. Give particular attention to crimes and violations against women and children committed during the conflict.

Page 5, Traditional Justice, Article 20.

The Government shall in consultation with relevant interlocutors, examine the practices of transitional justice mechanisms in affected areas, with a view to identifying the most appropriate roles for such mechanisms. In particular it shall consider the role and impact of the processes on women and children.

Page 6, Provisions of General Application, Article 24.

All bodies implementing the Agreement shall establish internal procedures and arrangements for protecting and ensuring the participation of victims, traumatised individuals, women, children, persons with disabilities and victims of sexual violence in proceedings.

Page 6, Article 25.

In the appointment of members and staff of institutions envisaged by the
Agreement, overriding consideration shall be given to the competences and skills required for the office, and gender balance shall be ensured-

Women, girls and gender

Participation
No specific mention.
Equality
No specific mention.
Particular groups of women
No specific mention.
International law
General IHRL, IHL and IL
Page 2, Inquiry into the Past and related matters (Principal Agreement Clauses 2.2 and 2.3), Article 4
The Government shall by law establish a body to be conferred with all the necessary powers and immunities, whose functions shall include:
...
c. To inquire into human rights violations committed during the conflict, giving particular attention to the experiences of women and children;
New institutions
No specific mention.
Violence against women
Sexual violence
Page 6, Provisions of General Application, Article 24
All bodies implementing the Agreement shall establish internal procedures and arrangements for protecting and ensuring the participation of victims, traumatised individuals, women, children, persons with disabilities and victims of sexual violence in proceedings.
Gender-based violence/VAW (general)
Page 2, Inquiry into the Past and related matters (Principal Agreement Clauses 2.2 and 2.3), Article 4
The Government shall by law establish a body to be conferred with all the necessary powers and immunities, whose functions shall include:
...
f. to make special provision for cases involving gender based violence;

. . .

Page 4, Investigations and Prosecutions (Principal Agreement: Part 4) Article 13 Investigations shall
...
c. Give particular attention to crimes and violations against women and children committed during the conflict.
Transitional justice
Past and gender
Page 2, Inquiry into the Past and related matters (Principal Agreement Clauses 2.2 and 2.3), Article 4
The Government shall by law establish a body to be conferred with all the necessary powers and immunities, whose functions shall include:
...
c. To inquire into human rights violations committed during the conflict, giving particular attention to the experiences of women and children;
...
e. to make provision for witness protection, especially for children and women;
f. to make special provision for cases involving gender based violence;

Page 4, Investigations and Prosecutions (Principal Agreement: part 4), Article 13 Investigations shall
...
c. Give particular attention to crimes and violations against women and children committed during the conflict.

Page 3, Article 8. The special division of the High Court shall have a registry dedicated to the work of the division and in particular, shall make arrangements to facilitate the protection and participation of witnesses, victims, women and children.

Page 5, Traditional Justice (Principal Agreement: clause 3.1), Article 20
The Government shall in consultation with relevant interlocutors, examine the practices of traditional justice mechanisms in affected areas, with a view to identifying the most appropriate roles for such mechanisms. In particular it shall consider the role and impact of the processes on women and children.

Page 6, Provisions of General Application, Article 24. All bodies implementing the Agreement shall establish internal procedures and arrangements for protecting and ensuring the participation of victims, traumatised individuals, women, children, persons with disabilities and victims of sexual violence in proceedings.
Institutional reform
Judiciary, judicial reform
Page 3, Legal and Institutional Framework (Principal Agreement: Part 5) Article 8
The special division of the High Court shall have a registry dedicated to the work of the division and in particular, shall make arrangements to facilitate the protection and participation of witnesses, victims, women and children.

Page 5, Traditional Justice (principal agreement: clause 3.1), Article 20: The Government shall in consultation with relevant interlocutors, examine the practices of traditional justice mechanisms in affected areas, with a view to identifying the most appropriate roles for such mechanisms. In particular it shall consider the role and impact of the processes on women and children.
Development
No specific mention.
Implementation
Women's role and consideration in implementation of the agreement
Page 6, Provisions of General Application, Article 24
All bodies implementing the Agreement shall establish internal procedures and arrangements for protecting and ensuring the participation of victims, traumatised individuals, women, children, persons with disabilities and victims of sexual violence in proceedings.
Other
No specific mention.

The University of Edinburgh