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The Struggle for Who Will Write the Last Chapter of the Kony-Museveni War

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The Struggle for Who Will Write the Last Chapter of the Kony-Museveni War
Part II: Moving the Peace Process Forward
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Dr. Okot Nyormoi | July 13, 2008

The Struggle for Who Will Write the Last Chapter of the Kony-Museveni War

Part I

The Juba peace talks started on July 14, 2006 was expected to end in a peacefully negotiated end of the 22 year old war between the Government of Uganda and the Lord’s Resistance Army (LRA). After a series of negotiated peace agreements, the process was supposed to have been crowned by the signing of a comprehensive peace agreement by Joseph Kony, the leader of the LRA and President Museveni. However, after several attempts, Kony failed to show up at the scheduled time and place to sign the agreement. By now, it is clear that the Juba peace talks have stalled.

Many people are now wondering about what it means and what should be done about it. It is, therefore, urgent that the stakeholders in this war critically address these questions before new steps can be taken to move the peace process forward to avoid making the same mistakes.

To address this question, it will be helpful to summarize the critical stakeholders in this war. They include the following the National Resistance Movement/Army (NRM/A) regime, the LRA, Civil Society, Humanitarian Organizations, the Government of South Sudan (GOSS) and non-African Foreign Governments (Super power and secondary powers).

As always, there are many explanations ranging from a curse from God to sabotage. However, the most prominent of them has been the so-called peace spoilers. This explanation has been persistently used by various stakeholders, particularly against Acholis in the Diaspora. Some people have advised that we should not pay attention to it, but because the explanation persists, it is important that we should seriously try to understand it in order to put it in proper perspectives. To do so, we need to ask the following questions: 1) who among the critical stakeholders are making the accusation and 2) who are the so-called peace spoilers?

As far, it appears that the accusation is coming from many sides, but for different reasons. However, it can be said with confidence that most, if not all, the stakeholders agree that this war must come to an end. This is because the war has served its purposes and has reached a diminishing return. As such it has now become an embarrassment and a burden to most of the stakeholders. Therefore it must end.

Writing the Last Chapter of the War

While civil society, humanitarian organizations and donor counties may not care from a militaristic point of view, the LRA and the GOU are seriously contesting how the final chapter of the war should be written. The contention revolves around whether the end of the war will be recorded as a failure of President Museveni to defeat the rag tag LRA rebel outfit of mostly abducted child soldiers or whether Museveni won a military victory over the notorious LRA, read Acholi, Northern Ugandans and the Greater North? Likewise, should it be recorded that Kony surrendered to Museveni or Kony and Museveni fought to a draw? The question of who will write the last chapter of the war appears to be the most important explanation of why Kony so far has refused to sign the comprehensive agreement. It is for the same reason that Museveni wants to be the last one to sign the agreement.

This is critical for egotistical reasons. First, one of the goals of President Museveni was to destroy the myth or notion that militarism is a preserve of the people from northern and eastern Uganda. To do so, he sought to demystify the gun, meaning everyone, particularly from the south, should be taught how to fire a gun. Although he successfully demystify the gun, he has not been able to accomplish the ultimate goal of crushing any remnants of organized violence in the north and east that has so far survived in the form of the LRA. Therefore, the LRA as a symbol of the alleged northern and eastern military superiority is still to be destroyed.

While publicly Museveni pays lip service to a negotiated settlement, he keeps acting as though a negotiated peace settlement will deprive him of a military triumph. Additionally, a negotiated peace settlement will allow the LRA to claim that the people of the north and east were never defeated militarily, thus giving more mileage to the notion of northern military superiority.

To counterbalance such a perceived military failure, Museveni and his propaganda agents have been insisting that they have defeated the LRA. Recently, Museveni also evoked a concocted history, claiming that his ethnic group, the Bahima were the ones who defeated Nilotics, thus stopping them from advancing south into Ankole and beyond.

The ICC is an Abused Legal Tool

Just for the record, the idea of the ICC itself for prosecuting people who commit crimes against humanity is wonderful. However, the problem with the ICC is with its implementation, particularly in the case of Uganda. First, the chief prosecutor, Ocampo, announced the indictment of the LRA at a press conference with President Museveni when President Museveni himself is a party to the conflict. Since then, it was reported that bribery might have been involved in securing the ICC indictment of the LRA commanders. It is in the context of how the last chapter of the war should be written that the LRA does not appear to want to submit its commanders to the ICC.

It is apparent that the LRA simply regards the ICC as just another clever tool Museveni is using against it. It is even more so when the ICC does not want to try UPDF commanders who are known to have committed equally gross crimes against humanity. It is well known that it was UPDF excesses that gave rise to the various rebel groups such as Uganda Peoples Defense Army (UPDA), Uganda Peoples Army (UPA), Allied Democratic Forces (ADF), Uganda National Rescue Front II (UNRFII), Lakwena Holy Spirit, LRA and others. It is in this sense that the ICC as it is being used has lost its values or credibility in the eyes of many people, particularly the victims of the crimes.

Often times, ICC critics have been accused of protecting the LRA. Therefore, a clear distinction needs to be made here that being critical of how the ICC is being used is not the same thing as protecting the LRA for its crimes. It is a matter of principle. If the ICC is really for true justice, it has to use the same yardstick for all alleged perpetrators of crimes against humanities and not exclude some for social convenience or political expediency. It is interesting that now that the ICC has indicted the President of Sudan, many of those who supported the indictment of the LRA are now up in arms against the ICC (World braces for ICC indictment of Sudan President, UN steps up security. Sudan Tribune, 12 July, 2008). We have to be consistent and not be selective.

The Special Court Under Museveni is Inappropriate to Try the LRA

There is no doubt that the Juba peace talks reached agreements on all five items on the agenda. On the basis of these agreements, many stakeholders argue that there should be no more negotiation. Kony should simply sign the agreement, which they argue should effectively end the war. However, given the current confusion about who is the true spokesperson (Matsanga, Obita or Olweny) for the LRA at the peace negotiation, many people are wondering about the authenticity of the LRA negotiators and thus the validity of some of the agreements they negotiated and signed by Dr. Matsanga in particular.

Even if the agreements were duly authorized by Kony, given the contention on how the final chapter of the war is to be written, it is doubtful if Kony can truly trust the special court to be created by Museveni to try him. In this sense, the special court simply appears to be as just another tool in Museveni's hands to lure the LRA into his grasp. Would Kony agree to disarm and basically surrender to Museveni? If the answer is yes, it should also be yes to the ICC. However, so far he has not budged on the ICC, suggesting that he will also not budge on the special court.

The whole decision hinges on whether Kony feels confident that Museveni will abide by the agreement. Historical records including the trashing of the 1995 Nairobi agreement, the scuttling of the Bigombe I and II peace initiatives have shaken the faith of a lot of people in Museveni's willingness and commitment to abide by agreements. Additionally, is Kony convinced about a recourse to turn to should Museveni not abide by the agreement, particularly since the persistence of the anti-Museveni rebellion is to a large measure a reaction to what Idi Amin and Museveni did to soldiers who surrendered?

Again, records show that in all the instances when Museveni betrayed the trust of the people, no individuals, national or international institutions or foreign governments lifted a finger. The question is, will Museveni do it again this time and get away with it? Honestly, it will require a leap of faith for all concerned to believe that Museveni will act differently this time. However, some people are not ready or willing to make that leap of faith. Instead, I think that both the ICC and the Uganda Special Court should be replaced with a system that inspires confidence in the possibility of achieving true justice and peace, not one that counts on the convenience of avoiding the awkwardness of having to confront a head of state and his commanders, an awkwardness that the ICC did not seem to face when indicting the President Al-Bashir of Sudan.

 

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