Amnesty Group Rejects
ICC Trial of Kony Rebels
SPECIAL CORRESPONDENT
THE AMNESTY Commission, which was charged with encouraging rebels of the Lord's Resistance Army (LRA) to give up arms, has criticised President Yoweri Museveni and the International Criminal Court of Justice over the planned prosecution of the rebel organisation's top leadership.
The commission, which was set up by the president three years ago, has warned that the amnesty process will be badly damaged if the International Criminal Court of Justice (ICC) prosecutes leaders of the LRA. Such an action could even lead to another rebellion, says the commission.
Justice Peter Onega, the head of the Amnesty Commission, told The EastAfrican that if the rebels � who come from the Acholi community � are prosecuted, it would send the wrong signal to the people of the region as they are still campaigning for a blanket amnesty.
"This is because most of the people forming the LRA were taken against their will and these are their own children. If you have these people prosecuted, there is going to be an outcry from the population and it will create bitterness," said Justice Onega.
But ICC Special Prosecutor Luis Moreno Ocampo announced at a joint press conference with President Museveni in London last month that investigations into LRA's crimes against humanity could start as early as June. International arrest warrants for the rebel leaders could be issued in September, for prosecutions to start in 2005.
This is the first case the court will be dealing with at the request of a sovereign state since it was formed in 1998. Uganda referred the matter to the ICC in December 2003.
The government is gathering evidence in northern Uganda, which may be used to indict the top rebel leaders at the Permanent Crimes Tribunal in The Hague, Netherlands. Uganda is a signatory to the Rome Convention and is therefore obliged to hand over any of its citizens who are accused of committing crimes against humanity to the ICC.
However, Acholi politicians have warned that calls for LRA leader Joseph Kony's prosecution could trigger fresh violence. "The debate is not healthy as it could scare Kony into killing innocent people. He should be arrested first before any prosecution can take place," said Reagan Okumu, an MP from Gulu.
Justice Onega supports him. "But would that be in the best interests of the country, given the prevailing circumstances?" he asks. The issue of insecurity in the country should be addressed, he added, instead of going for prosecution.
"Given the history of Uganda, which has been mainly involved in rebellions, killings, wars and tribal mistrust, I would say reconciliation is the best option for us at the moment," said Justice Onega.
The calls for amnesty also received a boost recently from the Refugee Law Project, which said in a report that people living in the conflict zone were against any prosecutions.
The report, titled "Behind the Violence: Causes, Consequences and the Search for Solutions to the War in Northern Uganda," was released early this month in Kampala. It recommends that the amnesty be extended for the duration of the conflict.
"In addition, attempts at amending the amnesty to exclude top LRA commanders are counterproductive to peaceful endeavours to end the conflict," the project, which is based at the Makerere Faculty of Law and studies human-rights issues, said.
"The possible arrest warrants for the LRA leadership will undermine the entire amnesty and peace process," said its director, Zachary Lomo.
"The human-rights activists will be happy, but the predominant sentiment among the affected population is to forgive the LRA leadership. They believe there are traditional means of handling Kony so long as the conflict ends," Mr Lomo said.
But the ICC has already appointed Christine Chung, a Harvard-trained lawyer, to investigate Kony over allegations of crimes against humanity, The Wall Street Journal reported recently.
The LRA is accused of committing mass killings, rapes, forced conscription into its forces and abductions in the 18-year conflict.
"They should also answer for kidnapping children and conscripting them into the LRA and for raping young girls and infecting them with HIV/Aids," said President Museveni recently.
But he also gave the rebels the option of surrendering and being saved from prosecution. "We will speak to the ICC to see if they can withdraw," he said. They, however, have only until July before the ICC issues warrants for their arrest.
"We are tired of the war, let the government and international community go ahead with anything that will end this conflict," Betty Pacutcho, vice chairperson of the parliamentary committee on defence and internal affairs, said.
"If Kony can be arrested and confined somewhere, I will be happy because we have tried peace talks and the LRA is not responding," she said.
The conflict has killed over 500,000 people and displaced more than a million in both northern and eastern Uganda.
There are 305,899 internally displaced persons (IDPs) from the districts of Kumi, Soroti, Katakwi and Kaberamaido in the eastern region. The northern districts of Gulu, Lira, Pader and Kitgum have 928,215 IDPs living in makeshift camps that lack basic social services like water and sanitation.
The conflict began in 1986 when former soldiers of the Uganda National Liberation Army regrouped and started a guerilla movement called the Uganda People's Democratic Army (UPDA) against the Movement government for alleged excesses committed when they captured northern Uganda.
Several rebel groups emerged during the same period. Following the 1988 peace accord between a UPDA faction and the government, the LRA became the main armed opposition group in the region.
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