Accountability for mass atrocities : the LRA conflict in Uganda

Abstract

This thesis addresses accountability for mass atrocities. It presents a case study of Uganda that has undergone a two-decade conflict between the Lord’s Resistance Army (LRA) insurgent group and the national army, the Uganda People’s Defence Armed Forces (UPDF). The government of Uganda has initiated various accountability measures that include international and domestic prosecutions, truth telling, reparations and traditional justice to address international crimes and other human rights violations committed during the conflict. The thesis in particular investigates how all these mechanisms could be used in a way that ensures that Uganda fulfils its international obligations and that the different measures complement each other. The thesis traces the background to the conflict that began in 1986 and explores the consequences of the conflict on the civilian population in Uganda. It alludes to its spread from Uganda to South Sudan and since 2008, to the Democratic Republic of Congo (DRC) and Central African Republic. It argues that the significant and continuous involvement of the government of Sudan from 1994 to 2005 internationalised the LRA conflict. It further finds that both the LRA and the UPDF perpetrated war crimes and crimes against humanity during the conflict. The thesis further discusses the international obligation of Uganda to prosecute, punish and extradite persons responsible for the commission of international crimes and to ensure remedies to victims of such crimes and other human rights violations. It finds that the lapse of Part II of the Amnesty Act that allowed for a ‘blanket amnesty’ leaves room for Uganda to fulfil its international obligations. The thesis further investigates the Agreement on Accountability and Reconciliation and its Annexure reached between the government of Uganda and the LRA in Juba that ushers in the various accountability pursuits in Uganda. It argues that the implementation and successes of the Agreement depends on the consultations, legislations, policies and the establishment and workings of the institutions envisaged that could lead to justice, truth and reparations in Uganda. The thesis finds that the different accountability measures that Uganda is pursuing correspond to the political, social and historical conditions in Uganda, in particular, decades of armed conflict and human rights violations with impunity of perpetrators. It concludes that the success of the accountability undertakings will largely depend on the high calibre of officials and staff of the different institutions and their ability to deal wisely with challenges that will inevitably arise. It further finds that a political will and commitment is essential to ensure adequate investment in technical, material and financial resources and that non-interference of the government in the work of the institutions will ensure success. It concludes that such a political will and commitment, a robust consultation with stakeholders including victim groups and the creation of alliances locally, nationally, regionally and internationally, Uganda’s accountability pursuits will lead to the desired justice, truth and reparations.