Turning a Blind Eye to Justice Undermines Durable Peace
(New York, July 28, 2006) - Genuine initiatives aimed at ending the
devastating armed conflict in northern Uganda are welcome, but amnesties for
war crimes and crimes against humanity must not be on offer, Human Rights
Watch said today.
On July 14 peace talks began between the Ugandan government and the rebel
Lord's Resistance Army (LRA) in Juba, the capital of the regional government
of Southern Sudan. As part of a peace package, the Ugandan government
delegation is offering amnesty to all LRA combatants, including five top LRA
leaders for whom the International Criminal Court (ICC) has issued arrest
warrants on charges of war crimes and crimes against humanity.
Human Rights Watch has documented human rights violations committed by the
LRA over the years, including torture, sexual abuse, mutilations,
recruitment of child soldiers, and forcing children to kill even members of
their own families.
"The LRA Five are accused of widespread sexual slavery, murder, and
brutalization of children over two decades," said Richard Dicker, director
of Human Rights Watch's International Justice Program. "Amnesty or similar
measures can not be on the table when it comes to these kinds of crimes."
International law rejects impunity for serious crimes, such as genocide, war
crimes, crimes against humanity and torture. International treaties,
including the U.N. Convention against Torture, the Geneva Conventions, and
the Rome Statute of the International Criminal Court, require parties to
ensure alleged perpetrators of serious crimes are prosecuted. Uganda has
ratified each of these in addition to numerous other human rights treaties.
According to U.N. Secretary-General Kofi Annan, amnesties cannot be granted
for serious crimes under international law, and peace agreements endorsed by
the United Nations can never provide such amnesties.
The creation of the International Criminal Court and other international
criminal tribunals to prosecute genocide, war crimes, crimes against
humanity or other serious violations of humanitarian law illustrates the
strong international commitment to justice for serious crimes.
"We have seen time and again that turning a blind eye to justice only
undercuts durable peace," said Dicker. "How long can a peace based on this
kind of deal last?"
The United Nations and key governments, particularly the United States and
the United Kingdom, should continue to speak out strongly against amnesty
for war crimes and crimes against humanity.
The devastating effect of amnesties for serious crimes can be seen in the
example of Sierra Leone. In 1999 the Revolutionary United Front leader Foday
Sankoh - allegedly responsible for brutal crimes including mutilations,
murder and rape - received an amnesty and was rewarded with control of a
government commission in exchange for signing the Lomé peace accord, which
was supposed to end Sierra Leone's brutal war. Sankoh soon went on to attack
both government forces and U.N. peacekeepers, taking hundreds of them
hostage. The revived conflict was not declared over until more than two
years later.
Notably, the peace agreement that settled the 21-year war in southern Sudan
in January 2005 did not include an amnesty. The government of Southern Sudan
(GoSS), composed of former southern Sudanese rebels, came to power through
this agreement, which was approved by the Security Council. The GoSS is now
sponsoring the peace talks between the LRA and the Ugandan government.
To supplement investigation and prosecutions by the International Criminal
Court, Uganda also should conduct meaningful prosecutions in its own courts,
Human Rights Watch said. In addition, the Ugandan government should
establish a truth commission or another truth-telling process that would
allow people in northern Uganda a forum to speak about the human rights
abuses that occurred during the war. This process could work alongside
traditional reconciliation measures in which those affected wish to
participate.
Background on Northern Uganda and the ICC's Arrest Warrants for LRA Members
The conflict in northern Uganda to depose President Yoweri Museveni began
immediately after he took power by force in 1986. The rebel Lord's
Resistance Army, based in northern Uganda, struck fear in the civilian
population by carrying out mutilations, killings and forced recruitment of
child soldiers mostly from the Acholi people of northern Uganda, although
LRA leader Joseph Kony is Acholi himself. Human Rights Watch has also
documented abuses by Ugandan government forces, including rape.
In December 2003 Museveni invited the International Criminal Court to
investigate the LRA. In July 2005 the court issued warrants for the arrest
of the top five LRA leaders - Vincent Otti, Okot Odhiambo, Raska Lukwiya and
Dominic Ongwen, as well as Joseph Kony - for crimes including widespread or
systematic murder, sexual enslavement, rape, and war crimes such as
intentionally attacking civilians and abducting and enlisting children under
the age of 15.