AGREEMENT ON COMPREHENSIVE SOLUTIONS
Between the Government of the Republic of Uganda and Lord’s
Resistance Army/Movement
Juba, Sudan
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A: PREAMBLE
This Agreement (herein referred to as the “Agreement”)
signed BETWEEN the Government of the Republic of Uganda (GoU) and
the Lord’s Resistance Army/Movement (LRA/M); (hereinafter
referred to as “the Parties”); witnesseth that:
WHEREAS the Parties are determined to peacefully resolve the conflict
affecting north and north eastern Uganda; and having accepted with
appreciation the mediation of the Government of Southern Sudan (GOSS)
and support of the international community for a negotiated settlement
to the conflict;
AWARE of the impact of this conflict which has left thousands of
people dead or injured, caused suffering and has adversely affected
the political and socio-economic development in the area;
RECOGNISING the regional disparities and imbalances in terms of
socio-economic and infrastructural development of the country as
a result of history and the conflict;
COGNIZANT of the vision and ideals of the people of Uganda enshrined
in the Constitution and laws of the Republic of Uganda, and in international
charters and conventions, which promote, among others, national
unity, equality, peaceful and harmonious co-existence, representation
of all in and by the Government, national reconciliation, fundamental
freedoms, and affirmative action to redress any imbalances;
COMMITTED to finding comprehensive, just and durable solutions to
the conflict between the Parties by peaceful means and through dialogue;
NOW THEREFORE, the Parties hereto agree to adopt this Agreement,
which shall form an integral part of the final peace agreement on
the conflict, as follows:
B: DEFINITIONS
1.0 Unless the context suggests otherwise, the following words
and phrases shall have the meaning assigned thereto:
“Agreement” means this agreement read together with
the relevant parts of the implementation protocol.
“North and north eastern” refers to the conflict affected
areas of:
Acholi (Amuru, Gulu, Kitgum and Pader)
Lango (Dokolo, Lira, Oyam, Apac and Amolatar)
Teso (Amuria, Kaberamaido, Katakwi, and Soroti)
West Nile (Adjumani)
“Government Institutions” mean and include Government
Ministries, the Armed Forces, Statutory Commissions and Authorities,
and Parastatal Bodies;
“Internally displaced persons” (IDPs) are persons or
groups of persons who have been forced or obliged to flee or leave
their homes or places of habitual residence, in particular as a
result of or in order to avoid the effects of armed conflict, situations
of generalized violence, violations of human rights or natural or
human-made disasters, and who have not crossed an internationally
recognized state border.
“The Government” means the Government of the Republic
of Uganda.
C: PARTICIPATION IN NATIONAL POLITICS AND INSTITUTIONS
2.0 Principles of Governance.
2.1 The Parties shall adhere to the following objectives and directive
principles enshrined in the Constitution as the guiding principles
in the implementation of this Agreement:
a) The State shall be based on democratic principles, which empower
and encourage the active participation of all citizens at all levels
in their own governance.
b) The composition of Government shall be broadly representative
of the national character, gender and social diversity of the country.
c) Every effort shall be made to integrate all the peoples of Uganda
in governance while at the same time recognizing the existence of
their ethnic, religious, ideological, political and cultural diversities.
d) The Government shall take necessary measures to bring about
balanced development of different areas of Uganda and between the
rural and urban areas.
e) The Government shall take special measures in favor of development
of the least developed areas.
f) The Government shall take affirmative action in favor of groups
marginalized on the basis of gender, age, disability or any other
reason created by history, tradition or custom, for the purpose
of redressing imbalances, which may exist against them.
g) All persons are equal before and under the law in all spheres
of political, social and cultural life, and in every other respect
and shall enjoy equal protection of the law.
h) The Parties affirm that there shall be no arbitrary detentions.
2.2 In the conduct of public affairs, leaders shall use constructive
and unifying language.
2.3 The Parties also agree that implementation of this agreement
shall be guided by relevant principles embodied in international
treaties and conventions ratified by the Government of Uganda.
3.0 System of Government.
3.1 All power belongs to the people who shall exercise their sovereignty
in accordance with the Constitution.
3.2 The Parties reaffirm the freedom of Ugandans to choose, advocate
and promote democratically a system for their governance.
3.3 The Parties recognize the right of any Ugandan or group of
Ugandans to promote any system of governance, including federalism,
through constitutional means.
3.4 The parties also recognize the constitutional duty of parliament
to enact a law providing for the right of the citizens to request
the Electoral Commission to hold a referendum on any issue.
4.0 Inclusiveness in Participation in Government.
The parties recognize that the Constitution of Uganda makes it
incumbent that the Government of Uganda shall be structured so as
to ensure that all Ugandans are represented in and by it, and have
access to government services.
5.0 Ensuring equal opportunities.
The Parties agree that the recently enacted Equal Opportunities
Law, shall be used to ensure equal treatment of all groups within
Uganda; specifically, the elimination of inequalities and discrimination
against any individual or group of persons on the ground of ethnic
origin, social or economic standing, gender, disability, or political
opinion.
6.0 Participation in State Institutions.
6.1 The Parties agree that the Government shall, through the Equal
Opportunities Commission, review and assess the nature and extent
of any regional or ethnic imbalances and disparities in participation
in Central Government institutions and shall take all necessary
steps to remedy any anomalies.
6.2 The Government, on advice of the Equal Opportunities Commission,
shall develop and support special programmes to remedy any imbalances
or disparities for the north and north eastern parts of the country.
7.0 The Judiciary.
7.1 The Parties recognize the duty of all Ugandans to respect the
independence of the judiciary in accordance with the Constitution
of Uganda.
7.1 The Parties agree that the Government shall restore and strengthen
the institutions of the rule of law in the conflict affected areas
of Uganda where such institutions have been disrupted.
7.2 The Government shall promote access to justice in the affected
areas.
8 Institutional Arrangements for Security Organs.
8.1 The Parties affirm 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.
8.2 The Parties agree that members of the LRA who are willing and
qualify shall be integrated into the national armed forces and other
security agencies in accordance with subsequent agreements between
the Parties.
8.3 The Parties affirm that the children of the departed LRA combatants
shall benefit alongside other conflict-affected children from the
policies of Universal Primary Education (UPE) and Universal Post-Primary
Education and Training (UPPET).
8.4 The Parties agree that the Uganda Police shall fully take over
its constitutional responsibilities in the affected districts.
D: RETURN, RESETTLEMENT AND REHABILITATION OF INTERNALLY DISPLACED
PERSONS
9.0 Humanitarian Interventions on Impact of the Conflict.
9.1 The Parties commit themselves to ending the conflict and thereby
ensuring the conditions for the voluntary, dignified and secure
return of all IDPs in accordance with the principles adopted in
the IDP Policy.
9.2 The Parties agree that the Government shall avail resources
to facilitate the process of return of IDPs.
9.3 The Parties call upon the international community to continue
and increase its assistance to the people of the affected areas
in ameliorating the impact of the conflict.
E: ECONOMIC AND SOCIAL DEVELOPMENT OF NORTH AND NORTH EASTERN UGANDA
10 Strategy for Recovery.
10.1 The Parties recognize the vital need for adopting an overarching
framework for delivering sound and comprehensive programmes for
the recovery of conflict-affected areas of north and north eastern
Uganda, and agree that the Government shall:
10.1.1 Facilitate the further development and adoption of the
Northern Uganda Peace, Recovery and Development Plan (PRDP).
10.1.2 Ensure that recovery programmes are implemented expeditiously
and where necessary “fast tracked” in order to respond
effectively to the post-conflict needs in affected areas.
10.1.3 Ensure an enabling environment for pursuing private economic
activity in affected areas and shall take steps to support the access
of communities and individuals to micro finance institutions that
offer credit.
10.2 The Government of Uganda shall take affirmative action to
revamp the institutions of learning, health and other social services
in the conflict affected areas.
11 Institutional Framework.
The Parties agree that:
11.1 The comprehensive programmes for the recovery of the affected
areas of northern and north eastern Uganda shall be implemented
through:
a) A mechanism that ensures easy access to funds by the targeted
communities for resettlement and enhancement of productive capacities.
b) A national and self-accounting body to be established by an
Act of Parliament, shall be the implementing agency for the institutional
and infrastructural development of the areas affected by the conflict.
12 Vulnerable Groups.
12.1 The Parties agree that the Government of Uganda shall develop
and implement in the affected areas a policy for the support and
rehabilitation of victims of the conflict.
12.2 The Parties agree that the Government of Uganda shall in accordance
with existing policies and through special assistance programmes
in the affected areas make appropriate provision for vulnerable
groups and in particular shall protect, resettle and promote the
advancement of child-headed households, orphans, street children,
unaccompanied minors, traumatized children, widows, female-headed
households, persons with disabilities (PWDs), persons living with
HIV/AIDS and the elderly.
13 Livestock.
13.1 The parties recognize the substantial loss of livestock, in
the north and northeastern parts of Uganda which loss has had severe
social and economic implications.
13.2 The Government shall strengthen and fast track re-stocking
programmes in the affected areas by committing additional resources
to mitigate the effect of losses of livestock taking into account
individual losses and the need to improve on the quality of livestock
in the affected areas.
14 Issues Relating To Land.
14.1 The Parties affirm that land in Uganda belongs to the citizens
of Uganda, and shall vest in them in accordance with the land tenure
systems provided for in the Constitution. The Parties further recognize
that land is central in the lives of communities and individuals.
14.2 The District Land Boards, which are mandated by law, among
other things, to coordinate and monitor land use in the country
may explore and adopt additional mechanisms for protection of land
rights.
14.3 The Parties affirm that in accordance with the Constitution
and the Land Act of 1998, fair and equitable compensation shall
be payable in case of expropriation of land. No expropriation shall
be allowed except in the public interest and in accordance with
the law.
14.4 The Parties agree that no customary or communal land in north
and north eastern Uganda shall be sold or purchased without the
express consent of the concerned community.
14.5 Land owners whose lands have been used for settlement of internally
displaced persons or establishment of barracks and detaches, shall
be entitled to repossess their land or to receive fair and just
compensation.
14.6 The conflict in north and north eastern Uganda has caused
significant environmental degradation. In this regard, measures
shall be taken to restore and manage the environment sustainably.
F: TRANSITIONAL SECURITY ARRANGEMENTS
15 The Parties recognize the need to provide protection to the
LRA leaders, combatants and personnel during the transition from
conflict to peace, and hereby agree to adopt security measures in
subsequent agreements.
16 The Parties shall promote and engender trust between each other
and undertake appropriate confidence-building measures.
17 Stakeholders’ Conference.
After the final Peace Agreement has been signed, the mediator in
consultation with the parties shall convene a meeting in Uganda
comprised of political, Civic, Religious, Traditional leaders etc.
to sensitize them on the provisions of the agreement, their role
in its implementation and to disseminate the information to the
grassroots.
18 Implementation
18.1 Implementation modalities of this agreement shall be contained
in a protocol signed by the Parties.
18.2 The protocol shall form an integral part of the final Agreement.
In witness of the above, the duly authorized representatives of
the Parties have signed this Agreement on the …2… day
of …May… 2007.
____________________________ ________________________
Hon. Okello Henry Oryem Mr. Martin Ojul
Minister of State for International Leader of the LRA/M Relations;
Deputy Head of GOU Delegation
Delegation and Acting Head of GoU
Delegation
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Witnessed by:
H.E. Dr. Samson L. Kwaje
Minister for Information and Broadcasting, Government of Southern
Sudan and
Acting Mediator of the Peace Talks.
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