Tag Archives: Mark Kersten

“The End of Amnesty: Whither “Peace Versus Justice” in Northern Uganda?” Justice in Conflict blog, 12 June 2012

“The End of Amnesty: Whither “Peace Versus Justice” in Northern Uganda?” Justice in Conflict blog, 12 June 2012
http://justiceinconflict.org/2012/06/12/the-end-of-amnesty-whither-peace-versus-justice-in-northern-uganda/

By Mark Kersten

I couldn’t resist contributing to the discussion that Mark Schenkel has begun with his fantastic post on the expiration of northern Uganda’s Amnesty Act. Readers shouldn’t let the fact that the story hasn’t been widely covered fool them into believing it isn’t of tremendous importance or that its implications aren’t significant. As Mark has shown, it is and they are.

I wanted to highlight just how remarkable it is that not only has the expiration of Part 2 of the Amnesty Act come as a surprise to many observers, but it has subsequently been met with barely a murmur – almost as if it wasn’t all that important. This is noteworthy in its own right. When the ICC intervened in northern Uganda in 2004 and subsequently issued arrest warrants for LRA leader Joseph Kony and four other senior rebel commanders, the “peace versus justice” floodgates opened. The debate was pervasive and polarizing. Much of it revolved around the over-simplified but potent question of whether rebels should be forgiven via amnesty or punished via the ICC. A legion of local and international voices declared that peace could only be achieved if LRA rebels could be guaranteed that they would not be prosecuted if they left the bush. This view was premised on fears that the threat of prosecuting rebels would leave them with no option but to continue fighting. They consequently called on the ICC to back off and give peace through forgiveness a chance. Of course, the ICC warrants stayed in place. However, thousands of LRA combatants received amnesty certificates following their defection from the rebel ranks.

Just years later, the “peace versus justice” debate has virtually disappeared. Take, for example, the prosecution of Thomas Kwoyelo, the former senior LRA commander who was detained by the Ugandan forces (UPDF) in 2009. True, the controversy around Kwoyelo’s prosecution  has concerned whether he should be issued an amnesty. But the debate has almost exclusively been a legal debate, centering around whether or not he is eligible to receive an amnesty under Ugandan law (answer: absolutely) and whether receiving an amnesty is in contravention of Uganda’s international obligations (answer: I don’t think so). What the debate hasn’t been about is whether granting Kwoyelo amnesty would risk undermining the progress northern Uganda has made towards order and stability.

Consider too the example of Caesar Achellam, the LRA rebel commander who was recently “captured” by Ugandan military forces. Again, there exists no palpable concern that arresting Achellam and possibly putting him on trial jeopardizes peace in northern Uganda. Interestingly, the Achellam story has received significantly more international coverage than the Kwoyelo trial. But it received attention primarily because of Invisible Children’s ‘KONY2012′ campaign. As I noted previously, virtually every story about Achellam’s “capture” cited KONY2012 and the now world-famous “hunt for Joseph Kony”.

Moreover, in my experience interviewing individuals involved in the northern Ugandan peace process, including government ministers, religious and civil society leaders, as well as delegates from the peace talks, there remains almost little to no concern that the ICC or any form of trial justice risks undermining peace. In short, it really does appear that northern Uganda has moved beyond the “peace versus justice” debate.

To those who study the region, this will come as little surprise. Northern Uganda is currently enjoying the longest period of ‘negative peace’, or what many call a “silence of the guns”, in decades. During and following the Juba Peace Talks (2006-2008) the LRA, and the conflict between the LRA and the Government of Uganda more generally, was exported out of northern Uganda to the Democratic Republic of Congo, South Sudan, Central African Republic and Sudan. Sure, the LRA had been operating in these areas long before the Juba negotiations, but no large-scale LRA attacks have occurred in northern Uganda since the talks began. Today, it is not fear of LRA offensives or abductions that dominate public discourse in northern Uganda. Instead, it is critical issues such as nodding disease, low education standards and land grabs.

I find this development particularly interesting as it fits within the context of the history of ‘transitional justice’. Other states too have only sought trial justice after a period of impunity when amnesties were granted to perpetrators. I have previously argued (see here and here) the record suggests that it is only when fear that prosecution will destabilize or undermine a transition to peace dissipates that societies stop opposing prosecutions.

Of course, this does not mean that a policy recommendation for transitional states should be to issue amnesties and then to revoke them when they’re good and ready. In the northern Ugandan case, no amnesties will be revoked; amnesty certificates simply won’t be issued any longer. More importantly, sequencing peace and justice through the use of amnesties may be a fallacy – no combatant or perpetrator would ever trust the use of amnesties that they knew would subsequently expire or be revoked.

None of this is to say that there is no longer any reason to continue granting amnesties. Some continue to believe amnesty remains an integral ingredient in helping to promote peace in northern Ugandan – and they might be right. For example, Michael Poffenberger, of Resolve, recently argued that the Amnesty Act can still play an important role in diminishing the LRA as a rebel force.

Moreover, the expiry of the amnesty was clearly done without much concern for the democratic process. The issue wasn’t discussed in Uganda’s Parliament. Troublingly, local citizens and groups weren’t properly or sufficiently consulted. The opinion in northern Uganda, as assessed by Justice and Reconciliation Project, clearly indicates a majority support for the continuation of the Act.

There remains a desperate need for a comprehensive and cohesive transitional justice strategy in Uganda. Amnesties for low-level LRA rebels outside of northern Uganda should probably be included. But it remains remarkable just how far northern Uganda has come since the days when the “peace versus justice” debate dominated the headlines. It is increasingly unfeasible to argue that unless the Amnesty Act is continued, the very peace that northern Uganda enjoys is itself at risk. In other words, the very boundaries of the amnesty debate have changed. Amnesty or not, the people of northern Uganda will continue on their path towards peace and justice.

“Taking ‘Kony 2012′ Down A Notch,” Justice in Conflict blog, 7 March 2012

“Taking ‘Kony 2012′ Down A Notch,” Justice in Conflict blog, 7 March 2012
http://justiceinconflict.org/2012/03/07/taking-kony-2012-down-a-notch/

JRP is cited (below: “majority of Acholi people”) in reference to our December situational analysis on amnesty.

By Mark Kersten

As we speak, one of the most pervasive and successful human rights based viral campaigns in recent memory is underway. Invisible Children’s ‘Kony 2012‘ campaign has taken Twitter, Youtube, Facebook and every other mainstream social media refuge by storm. In many ways, it is quite impressive. But there’s one glaring problem: the campaign reflects neither the realities of northern Ugandan nor the attitudes of its people. In this context, this post examines the explicit and implicit claims made by the ‘Kony 2012′ campaign and tests them against the empirical record on the ground.

Before jumping into the fray, however, I should preface the post by noting that, in many ways, Invisible Children have done a fantastic job in advocating for the rights of northern Ugandans, highlighting the conflict and providing tangible benefits to victims and survivors of LRA brutality. Indeed, this post is not intended to take aim at Invisible Children as an organization but rather to debunk some of the myths its ‘Kony 2012′ campaign is propagating.

The Problem is Popularity? 

Kony 2012 is about making Joseph Kony, the leader of the notorious LRA, famous because, the line of reasoning goes, if everyone knew him, no one would be able to stand idly by as he waged his brutal campaign of terror against the people of East Africa.

I am actually stupefied that any analysis of the ‘LRA question’ results in the identification of the problem being that “Kony isn’t popular enough”. The reality is that few don’t know who Joseph Kony is in East Africa and the Great Lakes Region, making it all-too-apparent that this isn’t about them, their views or their experiences. But even more puzzling is that Joseph Kony is one of the best known alleged war criminals in the world – including in the United States. This is the case in large part because of the advocacy of Western NGOs, including Invisible Children and the Enough Project as well as the ICC arrest warrants issued against Kony and his senior command.

I would understand if this were the 1990s or even the early 2000s when the misery plaguing northern Uganda flew completely under the radar. I would understand if this campaign was about the ongoing conflict in the Democratic Republic of Congo. But a campaign in 2012, premised on Joseph Kony not being famous enough is just folly.

'Kony 2012'

A poster from the ‘Kony 2012’ campaign. (Poster: Invisible Children)

Umm…what about northern Ugandans?

It is hard to respect any documentary on northern Uganda where a five year-old white boy features more prominently than any northern Ugandan victim or survivor. Incredibly, with the exception of the adolescent northern Ugandan victim, Jacob, the voices of northern Ugandans go almost completely unheard.

It isn’t hard to imagine why the views of northern Ugandans wouldn’t be considered: they don’t fit with the narrative produced and reproduced in the insulated echo chamber that produced the ‘Kony 2012′ film.

‘Kony 2012′, quite dubiously, avoids stepping into the ‘peace-justice’ question in northern Uganda precisely because it is a world of contesting and plural views, eloquently expressed by the northern Ugandans themselves. Some reports suggest that the majority of Acholi people continue to support the amnesty process whereby LRA combatants – including senior officials – return to the country in exchange for amnesty and entering a process of ‘traditional justice’. Many continue to support the Ugandan Amnesty law because of the reality that it is their own children who constitute the LRA. Once again, this issue is barely touched upon in the film. Yet the LRA poses a stark dilemma to the people of northern Uganda: it is now composed primarily of child soldiers, most of whom were abducted and forced to join the rebel ranks and commit atrocities. Labeling them “victims” or “perpetrators” becomes particularly problematic as they are often both.

Furthermore, the crisis in northern Uganda is not seen by its citizens as one that is the result of the LRA. Yes, you read that right. The conflict in the region is viewed as one wherein both the Government of Uganda and the LRA, as well as their regional supporters (primarily South Sudan and Khartoum, respectively) have perpetrated and benefited from nearly twenty-five years of systemic and structural violence and displacement. This pattern is what Chris Dolan has eloquently and persuasively termed ‘social torture‘ wherein both the Ugandan Government and the LRA’s treatment of the population has resulted in symptoms of collective torture and the blurring of the perpetrator-victim binary.

Kony and Egeland

Kony and his former second in command, Vincent Otti, with former UN Undersecretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Jan Egeland (Photo: New York Times)

The Solution?

Given Invisible Children’s problematic identification of the issue, it becomes impossible for them to come up with an appropriate vision of resolving the crisis.

Invisible Children is, perhaps rightly, proud that it put the ‘LRA question’ on the Obama administration’s agenda. In this context, last year’s announcement that the administration would send 100 military ‘advisors’ to Uganda was widely celebrated. But this triumphalism occludes key realities.

The sending of 100 troops was not, in any sense, an altruistic move by the administration. First, it went unreported that many of the troops were already in Uganda. Second, the announcement was, at least in part, a tit-for-tat response for the Government of Uganda’s military engagement in Somalia – where the US refuses to deploy troops. As Matt Brown of the Enough Project conceded:

“The U.S. doesn’t have to fight al-Qaida-linked Shabab in Somalia, so we help Uganda take care of their domestic security problems, freeing them up to fight a more dangerous – or a more pressing, perhaps – issue in Somalia.

It is clear that the ‘Kony 2012′ campaign sees the 100 US troop allotment as inadequate. Here they are right – 100 US troops is not the solution. But their own answer is highly problematic.

We know what the makers of “Kony 2012″ believe should happen but they won’t say it explicitly, except to say that Kony must be “stopped”.

Obama’s orders for his 100 troops – presumably supported by those behind ‘Kony 2012′ – is to “kill or capture” Joseph Kony. I don’t think it is a stretch to suggest that many of the same individuals who will form the legion of participants in ‘Kony 2012′ were on the streets celebrating the killing of Osama bin Laden. It thus likely holds that they bought into the belief, proffered by Obama himself, that bin Laden’s killing amounted to justice and if you didn’t agree, you should get your head checked.

The solution then, is something similar: an American-led intervention into at least four countries where the LRA is or has been active (Uganda, the DRC, the Central African Republic and South Sudan) to hunt down Kony. Capturing him, after all, is secondary to “stopping” him.

The idea of “stopping Kony”, of course plays into the narrative created by the ‘Kony 2012′ campaign where what actually happens to Kony and the LRA is irrelevant. The unspecific aim of “stopping” him is sufficient. Who, after all, doesn’t want Kony “stopped”? But then what? If Kony is killed or captured, then what? What happens to the other members of the LRA? ‘Kony 2012′ offers no answers here.

In this context, it is worthwhile remembering that massive regional military solutions (Operations Iron Fist and Lightning Thunder most recently), with support from the US, have thus far failed to dismantle or “stop” the LRA. These failures have created serious and legitimate doubts that the ‘LRA question’ is one that can be resolved by military means.

Incredibly, there is no mention in the film or the campaign that northern Ugandans are currently enjoying the longest period of peace since the conflict began in 1986. Virtually every single northern Ugandan I spoke to during my own field research believes that there is peace in the region. While sporadic violence continues, particularly as a result of bitter land disputes, there have been no LRA attacks in years. In the mid 2000s, the ‘LRA problem’ was exported out of Uganda. The LRA is currently residing in the DRC, CAR, and perhaps parts of South Sudan and even Darfur. Today, land issues and the recent Walk to Work crisis are higher on the agenda than the LRA in northern Uganda.

Lastly, killing Kony cannot resolve the actual sources of the crisis which are far more structural than superficial (to put it lightly) analyses like ‘Kony 2012′ would like to admit. As respected scholars of northern Uganda, Mareike Schomerus, Tim Allen, and Koen Vlassenroot, recently argued,

“Until the underlying problem — the region’s poor governance — is adequately dealt with, there will be no sustainable peace.”

Kony (left) with Otti. (Photo: AFP)

The Need for a Sober Second Thought

In the end, ‘Kony 2012′ falls prey to the obfuscating, simplified and wildly erroneous narrative of a legitimate, terror-fighting, innocent partner of the West (the Government of Uganda) seeking to eliminate a band of lunatic, child-thieving, machine-gun wielding mystics (the LRA). The main beneficiary of this narrative is, once again, the Ugandan Government of Yoweri Museveni, whose legitimacy is bolstered and – if the ‘Kony 2012′ campaign is ‘successful’ – will receive more military funding and support from the US.

Of course, as a viral campaign launched through social media, ‘Kony 2012′ is impressive, if not unprecedented. It will, undoubtedly, mobilize and morph a horde of sincere American youths into proxy war criminal hunters. It will further succeed in increasing the ‘popularity’ of Joseph Kony and the LRA in the United States. But it will do so for many of – if not all – the wrong reasons.

I remember when I was in grade school and a teacher told the students that it was actually difficult to fail. “You have to try to fail,” he said. If ‘Kony 2012′ is to be judged by its reflection of the realities on the ground in northern Uganda and how it measures up against the empirical record, the makers of Kony 2012 tried – and succeeded.

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UPDATE: I’ve now published a response to the main criticisms that this post has inspired. See here: Taking ‘Kony2012′ Down a Notch – Responding to Criticism.

Check out this excellent account by Daniel Solomon over at his blog, Securing Rights.

Also, big thanks to my friend and colleague, Paul Kirby, for his insightful comments on a draft of this post.