Friday 18 August 2006

Juba talks: A cat and Mouse game

From my old blog-Friday, August 18, 2006

The peace talks currently underway between the Government of Uganda (GoU) and Lord’s Resistance Army (LRA) are the best opportunity in over a decade to end the twenty-year war in northern Uganda.

The involvement of South Sudan government as a mediator in this process, gives this process serious potential to succeed in both ending active violence and providing a framework to address deeper social and political grievances

However, what we are seeing now is an apparent end to the evident openness of the LRA and GoU to end the conflict that was exhibit at the beginning of talks.

It is over a month since the talks started and no serious issues have been arrived at and it is to that end that we undertake this analysis, to ask the government of Uganda and the LRA to refocus priority.

In the current GoU-LRA peace talks in Juba, we do not even know the issues of contention. For example, we do not know the government position on economic empowering of the north and its rehabilitation plans.

All we hear of is a “soft landing for LRA.” And the rebels prioritising post-conflict security and livelihood guarantees. The two parties seem not ready to address the multifaceted root causes underpinning the conflict in East and Northern Uganda.

The LRA support networks, scattered in small groups in the Diaspora, should not use the growing media attention, to expose what they believe are the injustices of the present government and gain reparations for past ills.

Coupled with this has been little public attempt to date to interrogate the interests and stakes of those involved in these peace talks. Such analysis is crucial to unpack the potentiality of this peace process and to clarify the short and long term needs for lasting peace in northern Uganda.

It is high time the government must consider several possible outcomes. First, the government must reflect on the needs of people in the north for peace.

President Museveni made it clear both in his campaign manifesto that restoration of peace in the north would be his priority and we think this is a chance for him to do just that.

Government should also consider whether it is willing to facilitate national dialogue and truth-telling mechanisms.

Lasting peace in northern Uganda will require not only disbanding LRA structure, but also addressing northern grievances of social, political and economic marginalisation.

Tuesday 15 August 2006

Juba Talks-what is at stake

From my old blog-Tuesday,August 15, 2006

On-going Juba talks are the best opportunity in over a decade to end one of Africa’s longest running wars. Yet, the stance of each team is threatening to undermine opportunities to help end one of the world’s worst humanitarian nightmares.

Talks between Ugandan negotiators and representatives of Lord’s Resistance Army (LRA) rebels in Juba, southern Sudan came to a halt last week as the LRA delegation stormed out of the talks protesting government refusal to declare a cessation of hostilities.

The first round of talks ended without much progress after the LRA delegation demanded a ceasefire and also accused government of human-rights violation in the north.

Joseph Kony, LRA leader declare a unilateral ceasefire last week, however, Ugandan government has not reciprocated on the ceasefire declaration, insisting that it will agree to one only after a comprehensive peace agreement is singed.

Because of this mistrust, the LRA is said to have relocated its headquarters for fear of attack by Ugandan army, especially since its location is now well known to Kampala following recent confidence building visits by various government functionaries.

The greatest weakness of the Juba talks is now seen as the failure of the Chief mediator, Riek Machar, to insist on ceasefire declaration by both parties, this is the fourth item on the table that is yet to be agreed upon.

By its own initiative, the Government of South Sudan (GoSS) agreed to mediate and host peace talks between the warring parties in May this year. The involvement of such a strategic third party mediator, combined with apparent openness of both parties to end the war gives this process serious potential to succeed.

However there is a lot at stake in this peace process and the might be missed opportunity in this talks begins with the GoSS.

The GoSS has much to gain from peacefully expelling the LRA from within its borders. Elements of the northern-based National Islamic Front regime could easily resume using the LRA as a proxy militia to destabilise the South and derail the Comprehensive Peace Agreement.

The Khartoum government has been quiet about the ongoing peace talks since it started on July 14th.

Further, the LRA is embedded within networks in southern Sudan that have not yet joined the Southern Sudanese government coalition. The GoSS is thus keen to ameliorate the threat and demobilise the LRA through diplomatic means.

The LRA recognises the stakes for its top five lieutenants and also wants to avoid military confrontation with regional forces, the African Union (AU) and the UN to an extent that its cultic leader Joseph Kony and his Deputy Vincent Otti avoided peace talks’ venue for fear of being arrested and whisk off to the Hague.

International Criminal Court (ICC) indictments issued last October for top five LRA commanders have generated new pressure, though not enough will to actually execute warrants. Indicted LRA leadership want guarantees for their post-conflict security and livelihood.

As talks get underway, elevated attention by the United States and donor countries could be decisive to their success. However, The US State Department who announced two months ago that ending the war by end of 2006 was a priority of the Bush Administration has been unclear about its position on the Juba talks.

The US role is most desired as a non-signatory to the ICC, the United States may be able to impact the talks in ways that European countries cannot. The European countries, for their part, can urge the ICC to show restraint and to employ Article 53 of the Rome Statute. Under Article 53(4), the Prosecutor can reconsider a decision at any time “based on new facts or information.”

The GoSS, Kampala government and LRA leadership say that ICC continued disapproval of talks could derail the process when discussions shift to post-conflict security guarantees.

The unknown position of the international community and US also cast a shadow on source of finances resources that will be needed for implementation of peace agreements. The return of displaced peoples, compensation of victims and reintegration of rebel fighters will require extensive international support.

However, for President Yoweri Museveni’s government, the crisis has become an increasing liability for the reputation of the Ugandan government. With Museveni’s repeal of term limits to win a third term in elections, his regime has suffered a significant fall from grace.

Ending the war would not only redeem Museveni’s image abroad, but deal with the rejection his government has met in north for last 20 years. Success of the talks before the 2007 Commonwealth meetings to be held in Uganda would also be an accomplished for the Kampala government.

Museveni has made clear that he will offer amnesty to all rebels if the peace talks succeed within the stipulated period that ends September 12.

While Humanitarian bodies have criticised this as undermining the ICC, northern Ugandan leaders have expressed full support, conveying that long-term issues of justice can be addressed after the cessation of violence.

Acholi Paramount Chief senior aid told The EastAfrican that once the basic rights to their people have been restored, local leaders will help set the agenda for long-term restoration, using traditional restorative justice mechanisms.

The Acholi culture already has a built in mechanism, Mato Oput, to deal with reconciliation. Mato Oput is a process usually facilitated by Rwodi (clan leaders) in which the person who has wronged another or others gives a truthful account of the wrongs, accepts responsibility for what they have done, and makes a gesture of restitution in the form of something physical.

After this gesture is accepted by the aggrieved party, the two share a drink made of bitter herbs in front of witnesses to seal that reconciliation has occurred.

In the ongoing negotiations, the government and LRA will have to consider issues of reconciliation, truth telling and even some form of power sharing. While structural change is unlikely, Northern leaders say all parties should be supportive of the processes that build trust and relationships between segments of society that have been polarized and separated for several generations.

According to parliamentarians from the north and cultural leaders, lasting peace in northern Uganda will require addressing northern marginalization.

The war in northern Uganda has persisted for twenty years and has been described by U.N. Emergency Relief Coordinator Jan Egeland as “One of the worst forgotten conflicts in the world, and worse in magnitude than that of Darfur or Iraq.”

As a result, any form of economic activity has been brought to a grinding halt. A whole culture, people, and their environment are being systematically destroyed by Uganda’s government counter-insurgency policy.

Human development indicators in the north have gone into a free fall: 95percent of population lives below poverty line, 70% of them in absolute poverty. This is a contrast with the situation in the Southern and Western Uganda where 37 percent live below poverty line.

“This situation cannot continue without serious action being taken to reverse the fortunes of Northern Uganda for the better. It is also a threat to peace and stability in Great Lakes region” said Betty Amongin, a legislator from the North

However in the 20 years of conflict there have been opportunities for resolution. Even greater opportunities have existed for conflict management, which could reduce the destructiveness of this confrontation.

One could even go as far as to say that the continuation of this conflict is the legacy of missed opportunities. The peace talks of 1988, Operation North in 1991, the Bigombe talks of 1994 are all examples of missed opportunities that had the potential to end this conflict.

The Government undertook a number of operations to end this insurgency in its initial phase including mobilisation of civilian population to form defense units. Lack of technical competence in the armed forces to deal with insurgency is said to have prevented complete victory.

The LRA, now based in Garamba, DR Congo have terrorised the northern population to challenge the Ugandan government and sustain its existence. It has abducted more than 25,000 children, using them as cannon fodder and sexual slaves and displaced 1.6million.

Wednesday 8 March 2006

When words summarise events

The Rape Case

It was interesting reading the ruling of Justice John Bosco Katutsi in the rape case against Ugandan opposition leader Dr Kizza Besigye.

The High Court Judge said in his ruling that the prosecution had “dismally failed” to prove its case against the opposition leader. He is accordingly acquitted and set free forthwith,” he said.

But those were not exciting words anymore for Ugandans who had been following the case. Just as a friend wrote in an SMS to me,-“we knew Museveni and click would lose”

As I read the story in Daily Monitor, one of Uganda’s local daily newspaper. I decided to pick these quotes and I believe, even those who have been following this case will know what it was right from the beginning.

By citing a 300-year old ruling by an English judge, Justice Katutsi said yesterday, “The evidence before this court is inadequate even to prove a debt, impotent to deprive of a civil right, ridiculous for convicting of the pettiest offence, scandalous if brought forward to support a charge of any grave character, monstrous if to ruin the honour of a man who offered himself as a candidate for the highest office of this country.”

You think that was hard,
“While I did not go to the length of imputing fraud on prosecution, I would like to point out to you that the circumstances of this case seem to me to indicate an attempt to secure evidence-using methods that seem to amount to abuse of process,” Waaoooo!!!!!

So, how do you describe the investigation my Lord?
“The best way to describe the way the investigations were conducted and carried out is that it was ‘crude and amateurish’ and betrays the intentions behind this case.”

But the Victim testified and was a credible witness.
“No she is no ordinary and rustic girl”.

And... “I wondered how a woman who claims to have been sexually assaulted was quite ignorant of the date, let alone the month during which she claims to have been sexually assaulted”.

But rape is too traumatizing to remember all that…
“Surely could an undergraduate offering BA in Arts forget the date and let alone the month on which she experienced the trauma that she claims to have affected her mental stability?”

So how do you describe that my Lord?
“Here, a quick answer would be that Judas Iscariot betrayed his master with a kiss and for a mere 30 pieces of silver.” OOooopppppss!!!
But my Lord…
“Talk of valentine day; to them every weekend is made to appear to have been valentine day. I invite female activists to tell us whether that is the behaviour of a girl who has been raped. I need more education in that area.”

Now, do you doubt the Competence of the investigation institution?
“Here we have a situation where the CID boss has read something from a mere publication, she has not interviewed any would-be complainant, to say the least, to authenticate the publication, is directing a junior officer to open a file against a newspaper-created suspect.
All I can say here is, ‘May God bless this Pearl of Africa! It would appear to me in all fairness to the CID boss that she is gifted with extra sensory perception,” he said. “This surely must be good news for the Pearl of Africa! Suffice it to say that there was no scintilla of evidence suggesting that either Dr Besigye or Kyakuwa were HIV positive, and indeed that if they were, they had the same HIV strain!”

Sorry, My Lord what was the case before you agian?
“The so-called first information for whatever it is worth was not on rape”.

Mr Simon Byabakama Mugenyi, you are the deputy DPP who prosecuted the case, what do you have to say?
“I am not surprised. The judgment was concluded long ago on the judge’s advice to the assessors.”

Mr David Mpanga, you were the defence lawyer, what do you think?
“This sad case was born in the deluded mind of Ms Joanita Kyakuwa, it was nurtured and developed in State House, and cooked to imperfection in the Criminal Investigations Directorate of the Uganda Police. It was presented in full inadequacy by the Deputy Director of Public Prosecutions”.

Dr Besigye, any comment on this ruling?
“I am very happy that another case of abuse of the legal process has been successfully disposed of. The role of especially President Museveni himself and the director of CID in originating, building up and prosecuting this abuse of the legal process is crystal clear and unprecedented.”

And my dear President Museveni, your last word on this?
“Dr Kizza Besigye would not be tried for terrorism and illegal possession of firearms in the General Court Martial”.

Thursday 2 March 2006

Redefining the boundaries of free speech


The publication of cartoons depicting Prophet Muhammad in the European media that provoked reactions across the world has threatened the world press.

The event not only raises the questions of fundamental rights but also that of civic obligation.

Not only is the Islamic world asking journalists to define where the boundaries of free speech lie but the entire world.

The cartoons published in the Danish Paper were meant to illustrate the difficulty encountered by the writer Kare Bluitgen, in finding an illustrator for his children’s book on the life of Mohammed.

The newspapers had the right to publish them and I agree with my colleagues in the profession who urge that our’s is an era marked by growth of religious belief, politicisation and all religion must be open to a full range of opinion and analysis

But I do not believe it is not the duty of a journalist to criticize any religion as such or to make fun of other people’s deeply held beliefs. It is one thing to lambaste exaggerated radical fringes of a belief system, and quite another to attack that belief system as a whole

Satire is a form of analysis, but freedom of speech is not absolute and does not give a journalist the right to cry ‘fire’ in a crowed theater

And this takes us back to one of the most debated topics at journalism school- “Social Responsibility”- where should the lines be drawn. There are three issues here that the journalist world needs to put in mind.

First it is against Islamic principle to represent in imagery not only Muhammed but all the prophets of Islam. This is a clear prohibition in Islam.

Secondly in the Muslim world, no jokes or laughter is made at religion and there are hardly any jokes both in the Quran and the Bible. For that reason, these cartoons are seen by average Muslim as a transgression against something sacred, a provocation against Islam.

My colleagues need to understand that; this is not a legal issue or an issue of rights. Free speech is a right and protected. No one should contest that. But at the same time we are working in a complex dynamic society with diverse cultures and there should be sensitivity to this.

There are no legal limits to speeches but there are civic limits. In any society there is a civic understanding that free speech should be exercised responsibly so as not to provoke sensitivities.

It was unwise to publish these cartoons as a way to raise or start a debate, such a move inflames emotions, and it does not court reasons. It is useless provocation.

Indeed, cartoonist Lars Refin has not understood how to use his undeniable freedom of expression wisely.


The Law in Africa



Yoweri Museveni’s election victory did not take the World by surprise; he is a strong man on this part of the earth. I took much interest in the electioneering in mu country-Uganda largely due to the fragile East African Community and the belief that Africa is noted to have become full of fresh democratic air. I received a text message that made me get very angry with Africa during the voter counting in Uganda. It read in part… “Pray for us. Preliminary results in 49 counting points show that Bisigye is leading. Some people are scared and most offices are locked.” Why on earth should a country that claims to be a democracy create a scenario where ones victory can be synonymous to chaos?

Note; my fellow country man wanted prayers not because he didn’t vote for Besigye, but because he was scared that a Bisigye victory will unleash the old bush Museveni on Ugandans. East Africans have witnessed increased democratic space ever since Julius Nyerere relinquished power followed by Daniel Arap Moi. This however does not mean that citizens in these three countries breathe freely; they are constantly harassed by the thought police.

Please allow me to digress a bit… a text message just landed from my Kenyan editor,where government has stomped the East African Standard Newspaper offices. It reads in part, “The Law. It is a great book. I now see clearly how the state protects the interests of the powerful under the guise of enforcing the law…” a Kenyan Managing Editor is being held by the police for publishing a story that alleged that a former ‘rebel’ minister, now an opposition luminary held secret talks with the Kenyan president! May those up and high left with some space for reason release him in one piece.

Just incase you are not familiar with the World of books, get hold of the book ‘The Law’ by Frederic Bastiat and you need not get surprised when you read about leaders claiming to be helping the masses. And so stated Bastiat, ‘The state is that great fiction by which everyone tries to live at the expense of everyone else.’ I hope the Kenyan government operatives will buy past newspaper issues where they have advertised extensively about freedom of _expression…all Kenyans of goodwill need it.

Back to my story, Ugandans had to weigh between sustaining tranquility at the expense of popular vote. The Ugandan case, just as it is in the Kenyan media freedom scenario, point at the need to stop individuals from turning into institutions unto themselves. People in Africa must be wary of any one who attends to them in the name of saving or helping them. So Museveni, as you take up your final term (that is, if you don’t change your mind again) note that Ugandans respect the fact that you stabilized the country, but they too know that a savior can turn to a devil if he overstays his calling.oops!! hope my minister for Information does not read it

Friday 20 January 2006

At the Heart of Germany



In Deucthland-Berlin-at the Heart of Germany where I was based and clouded most of my experiences, during my four months stay International Institute for Journalism.

At the heart of Germany's old-new capital, Berlin, a heady mixture of symbols confronts the visitor, start with the Reichstag, restored as the unified nation’s parliament: a ponderous Prussian hulk of a building with an awkward history, renovated and now capped with a delicate glass dome, proclaims a peculiar yet suitably mixed message of old solidity and adventurous novelty.

Then look across to the Brandenburg Gate, a mocking reminder of Germany's division that until 1989 stood gloomily alone in the border wasteland near the site of Hitler’s old bunker. Now that it has been restored, the horse-drawn chariot on top of the majestic gate seems poised to take off eastwards into territories soon again to fall within Germany’s economic embrace.

And the bunker itself, a place that most Germans would rather expunge from their capital, if not from their historical memory. The country’s leaders have courageously decided to erect, close to the site of the bunker, a massive and eerie memorial to a crime that must not be forgotten, however normal Germany has now become and however blameless today’s Germans are for the appalling crimes committed by their grandparents.

On the face of things, Germany has finally come out of its post-war shell. Twelve years ago it emerged united, suddenly much more populous and with a far bigger economy than its chief counterparts in Europe—although, by taking in the poor east, it became less wealthy.

It now has 82million people which make it the undisputed giant at the heart of one of the two richest continents in the world-Britain and France.

The European Union has 370 million people against America's 270m, and a combined annual GDP of $7.9 trillion against America's $10.1 trillion.

In little more than a year’s time, if the 15-country EU expands as expected to take in another ten countries, mainly in Central Europe, the Union’s population will rise to 460million.

Hence the symbolism, once again, of moving Germany’s capital in 1999 from the sleepy little Rhineland town of Bonn, just 55km from the border with Belgium, to raucous, once-imperial Berlin, just 80km from the frontier with Poland.

Victory Statute


Victory Statute
The victory statute standing at the entrance to Berlin city

Bamong at Holocust sit


Bamong at the sit where over 6million Jews where killed in what is called the Holocuts.
it was quiet a thrilling experience. sad this things happen in a world that people cliam God exist. i wonder where he was.