Uganda has a reputation of having controlled its HIV/AIDS problem. Matthew Wilhelm-Solomon writes that the extent of the virus in Northern Uganda is perhaps more severe than figures indicate, “as the expansion of combination antiretroviral therapy – the treatment which can suppress the replication of the human immunodeficiency virus - to the camps has been severely limited due to dangerous access routes and impoverished resources.”

In Northern Uganda World Aids Day on December 1st comes at a time of uncertainty; in the fragile peace that has come to the region, HIV and AIDS is emerging as a problem of significant magnitude for communities who have suffered two decades of war and displacement.

At present talks between the Lords Resistance Army – the religiously inspired rebel group, who have woven together themes of Acholi and Christian mysticism as a legitimation to inflict a supposedly purgatory violence on the population – and the Ugandan government haltingly continue in Juba, Southern Sudan. Communities in Northern Uganda are coming to terms with years of neglect and violence, in which an estimated 1.6 million people have been displaced, most of whom live in congested camps, or ‘protected villages’ with little access to agriculture, income or health services. Yet, the spectre of AIDS haunts the calm that has come to the region.

Says Odoi Charles, counseling coordinator of The AIDS Support Organsation (TASO) in Gulu Town: “We are using World Aids Day to sensitize people and to commemorate the gallant fallen ones. It’s a day to remember those who have died because of AIDS”

AIDS is the second highest reported reason for death after malaria in the region according to the World Health Organisation. In spite of Uganda’s reputation of having controlled its HIV/AIDS problem, a 2004/2005 Uganda National Sero-Behavioural Survey indicates the prevalence rate for the North Central Region is 8%, significantly above the national rate of 6.4%. Antenatal data at St Mary’s Lacor Hospital – a Catholic hospital near Gulu Town – indicate a prevalence rate of 11.9%, though local organizations believe the rates may be far higher in some camps. No reliable data exists for many of the camps in the region.

The extent of the impact of HIV in the region may be more severe than figures indicate, as the expansion of combination antiretroviral therapy – the treatment which can suppress the replication of the human immunodeficiency virus - to the camps has been severely limited due to dangerous access routes and impoverished resources. However, the past two years have shown a significant scaling up of treatment access in the region through a combination of government and non-governmental programmes, the latter predominantly funded by the Presidents Emergency Plan for AIDS Relief (PEPFAR), a United States government fund. Certain Catholic programs under this funding can’t actively promote or distribute condoms, which places a bar on strong coordination between treatment organisations in the region with differing views on the use of contraceptives. The government programs are being funded in part by the World Health Organisation after the withdrawal of funds to Uganda by the Global Fund to fight AIDS, Tuberculosis and Malaria in late 2005 as a response to financial mismanagement. This caused temporary supply-line stockouts in Gulu National Hospital.

The treatment in the region has already had its successes in areas where it has been available. Ilama Charles is a counselor with Comboni Samaritan a local Catholic HIV/AIDS care organization providing support to clients of St Mary’s Lacor, which was one of the frontier treatment providers in the region starting a treatment program in 2004 and which now provides over 1500 treatment slots in the Gulu district. Ilama has witnessed the changes it has brought in the area: “You saw people who were brought on wheelchair, starting riding bicycles, lifting Jerry cans of water on their head. If you are to go to the medical ward you would find the hospital filled with patients, even some are sleeping on the floors. Medical staff were really stressed. With the advent of ARVs there were many changes. Before patients were coming with three, four opportunistic infections, but others would have ten, eleven. Now these have disappeared, they now go once a month for the ARV for their drugs”. The program which has many clients from surrounding camps has shown high rates of drug adherence, a key concern for antiretroviral treatment programs, as low adherence rates effect both the efficacy of treatment and risk the spread of drug resistant viral strains.

The inception of treatment in the region has also led to a dramatic rise in numbers seeking testing HIV and news has spread quickly about the drugs. Numerous clients have returned to strength and been able to cultivate what land is available around outskirts of the camps; the return to digging is symbolic of both health and peace.

Yet, for many treatment is still out of reach. Even where antiretroviral treatment may be available, many cannot afford to get to treatment sites or even to be tested. In Pabbo, the largest camp in the North with an estimated population of 60 000 people, there is still no access to antiretrovirals other than for the few who can afford the 90km monthly trip to Gulu Town. The route is one in which, until this year, ambushes were common. In Pabbo a vast dusty field outside the health centre has become a nursery and playground – boys kicking balls made from plastic bags, children following and peering through the windows of aid vehicles, desperate for entertainment. It is places like these where the destitution of war is most apparent. In seems that here there are two worlds and times: one in which children live and die, with their own daily rhythms, cycles and wanderings - often ended by malaria, fire, or diarrhea - and the world of adults which requires a fierce resilience and patience to survive. Child morbidity rates in the area are, according to the WHO, of ‘emergency proportions’.

Treatment for children provides a particular difficulty: they are often left unattended or with elderly caregivers, who cannot monitor their adherence properly. Health Alert is a local NGO trying to expand care and treatment follow up for children and pregnant mothers in the Gulu district. Says Achero Joyce Stella, a counselor at Health Alert: “In the camps, the issue of child neglect is a problem. For instance in Awach, the father had neglected the child. The child died, from opportunistic infections. Because of lack of money, distance from the treatment centre, the child died.” In some camps, the return to health of parents and the peace has been a mixed blessing: the parents go to garden during the days, leaving their children alone to wander unattended. For other young men and women a return to health is an opportunity to marry and have children, which raises concerns about mother to child transmission and the spread of drug resistance.

In spite of the fragile peace, the toll of violence and daily suffering on the population has been remains severe. Almost everybody has suffered direct violence on themselves or their families. Alcoholism is rife. Disillusionment with the prospect of peace is widespread; many believe that the army has no interest in ending the war and have benefited from it through stealing cattle and land. A thirty five year old women in the St Thomas camp near Gulu Town, was left looking after seven children after her husband, who was a soldier, was killed by the LRA. She says: “I hear people talking about peace talks, but I am never interested because I know it may happen the way it has been happening since they tried to talk peace; it never succeeds, no change ever occurs” She began taking antiretroviral in 2005. The treatment process has helped not only her physical but mental health. “When I started using the medicine, it brought about change in my life, in terms of health, because before I started using the medicine I was almost running mad. There is my last born whom I wanted to kill because I knew I was going to die so she could not remain to suffer on earth, but when I started using this drug all the bad thoughts went out of my mind…the problem has affected everyone, but for us women it is very painful, because you will be the house head, responsible for everything in the home.” With many men dead from the war and disease, the burden for household and community cohesion is increasingly being placed on widows, and it is predominantly widows who are enrolled in treatment programmes. This places an adverse burden on women in supporting their families with meager resources. Many men still fear the shame and perceived guilt of being tested for HIV and seeking treatment, though the situation is improving.

Yet, the peace is creating new possibilities for the expansion of treatment into areas that were previously inaccessible. TASO are presently adding a further 600 antiretroviral slots to their present 500 introduced in 2005. They are celebrating World Aids in Awach, one of the camps to which antiretroviral treatment has become available in recent months.

“The whole region has been very calm. We have very high hopes,” says Odoi Charles, counseling coordinator at The Aids Support Organisation (TASO), Gulu. Comboni Samaritan are presently expanding their services from a 40km radius from St Mary’s Lacor Hospital to 70km because of the peace in the area.

The material and logistical obstacles to scaling up treatment in the region remain, however, daunting. There are major shortages of medical staff and diagnostic equipment, particularly at government health facilities. At some of these health facilities there is poor treatment follow up which could lead to poor adherence. This raises the possibility of the spread of drug resistant strains of the virus – a threat which could undermine the treatment effort in years to come. The problem of transportation for many in the North is huge; many simply cannot afford to get to treatment and testing facilities or they arrive when it is too late to be helped.

At present, the camps are being ‘decongested’: residents of the larger camps are being allowed by the army to move to smaller camps closer to their land. Patients are becoming more increasingly scattered, making monitoring more difficult. If the peace talks fail, renewed conflict could undermine attempts at treatment expansion. Yet, there is hope among caregivers and patients that these obstacles are not impassable and community based strategies are being developed to overcome them. In uncertain times, the healing of those suffering from HIV/AIDS could be an analogue for social healing. World Aids Day provides a moment to recollect past losses and look forward towards the prospect of a difficult peace.

Odoi Charles of TASO claims “We are now going to begin another war: the HIV/AIDS war.”

* Matthew Wilhelm-Solomon is a South African Rhodes Scholar and MPhil Candidate in Development Studies at Oxford University. He is also a committee member of Student Stop Aids at Oxford University, and ahas worked as a freelance journalist in South Africa while studying Political Science at the University of Witwatersrand publishing mainly in the Mail & Guardian.

• Please send comments to or comment online at www.pambazuka.org

The International Criminal Court (ICC) has indicted LRA leader Joseph Kony and four of his lieutenants for crimes against humanity and war crimes committed during their 20-year-old rebellion. The government has proposed a traditional form of justice, Mato Oput, to replace the ICC indictments. Dieu-Donné WEDI DJAMBA explores the implications such a move will have for the post-conflict Democratic Republic of Congo, where the national judicial system is in collapse, and the only alternative left for victims of war to seek justice from is the ICC. This article is the last installment of a two-part series. The first article, entitled “The Ugandan Peace Process in Perspective” was published last week.

The ICC determines whether a State’s criminal procedure, including non-party States’ criminal procedures, conforms with the principles of “due process” or not. The standard adopted by the ICC for its determination is “the minimum guarantees” provided by the International Covenant on Civil and Political Rights (ICCPR).[1] And, Mato Oput may not conform to this principle of “due processes”.

Furthermore, there is need to improve Mato Oput for it to be suitable as an alternative to the ICC. This raises the question whether still it remains a possibility to see Kony and his senior commanders standing trial under Mato Oput, because the ICC’s Rome Statute provision article 17(admissibility principle) [2] provides that a case being investigated or prosecuted by a State member can be admissible to ICC(art.17,(1)a and b) but not reversed.

Indeed, there is jurisprudence for the ICC to prosecute Kony and his senior commanders because the Ugandan government itself referred the case to the international criminal court.

It must be noted that in order for the ICC to drop a case already at the investigation, prosecution or trial phase, and for a State to continue with the same case, this will create an judicial unsafe (delay of process). It would also be important to find out what happens if once again the same case became admissible to the ICC under articles 17(1)a and b after being handed over to a concerned State by ICC under the Complementarity principle.

Therefore, if Mato Oput will apply the international law standard, it will be helpful for the future case. Secondly, Acholi people are asking for Kony and his senior commanders to be prosecuted through Mato Oput. [3] But do they (Kony and other) ask for any prosecution by Mato Oput applying an international law standard? The possibility is they may ask for amnesty in order to avoid prosecutions. I am also of the argument that even if the Mato Oput has an international law standard it would not be the best option for Kony and his senior commanders.

The withdrawal of the warrants of arrest

Another threat faced by the ICC in the Ugandan peace process is the demand to withdraw warrants of arrest against the LRA leaders, which could set an unfortunate precedent for other ICC cases.

The wanted LRA leaders want the warrants of arrest withdrawn before they will emerge from the bush to sign the peace agreement. “The ICC warrants of arrest against the LRA leaders should be dropped, so that a peaceful conclusion to talk can be reach”, said the LRA spokesman Obonyo Olweny. [4] Otti Vincent, one of the wanted LRA leaders, said in a call to a Gulu-based radio station that “Kony and I can not attend the peace talks although they wanted one of the top leaders of the LRA to attend. We are afraid of the ICC indictment on us. If you can convince the Uganda government to withdraw the case at the ICC, we are ready to come out of the bush freely”.[5] And he warned “there will be no peace deal unless international indictment for the top rebels are dropped”.[6]

Uganda has offered the five rebels leaders a blanket amnesty if they agree to a peace deal, and hinted at a possible negotiation with the ICC over the indictment. [7] The Uganda peace talks mediator, Dr Riek Machar, has taken a middle position to the LRA’s demand that warrants of arrest be withdrawn, saying “we are not telling the ICC to stop what they are doing….We are just asking them to give the peace process a chance.”[8]

Contrary to Machar’s view, the ICC’s Prosecutor, Luis Moreno Ocampo urged that the best way to finally stop the conflict is to arrest the top leaders. And he added that “Kony will eventually face the trial.”[9]

The ICC involvement in northern Uganda is viewed as a complication by all sides. While the ICC prosecutions have been an important factor in bringing the LRA and the government to the table, they now limit the options available to mediation because they and the broad international community are unlikely to accept a deal providing a broad amnesty and lacking strong justice and accountability mechanisms. At the same time, the commanders indicted by the ICC will not be interested in any deal that fails to protect them from ICC prosecution and fails to guarantee their personal safety.[10]

If the warrants of arrest are withdrawn, the question remains: who shall be blamed? Interviewed in February, senior ICC official Phakiso Mochockoko said that “The situation in northern Uganda was referred to the ICC prosecutor (Argentina lawyer Luis Moreno Ocampo) by the government of Uganda. And as a result of that, the ICC is obliged to exercise its mandate in accordance with the statute”.[11] As such it seems that cracks in the Rome Statute would need to be found before any warrants of arrest could be withdrawn.

Under article 53 of the Rome Statute, the prosecutor has the discretion to stop prosecutions that no longer serve ‘the interest of justice’. Article 53 can only be used to end, not suspend, a case. An option of last resort subject to serious constraints, it calls for the prosecutor to consider the ‘interest of justice’, not peace. This is in line with the ICC’s stated purpose articulated in the statute’s preamble, which is to end impunity and ensure prosecution of those most responsible for the gravest crimes. As such, any decision to stop a case prior to prosecution, except on the most compelling grounds, is contrary to the court’s core principles.[12]

Therefore, if for some Ugandan people (including Kony and his senior commanders) the ICC is an obstacle towards peace, the way “to give peace a chance” as Machar says, is to leave any decision to put the prosecutions on hold to the Security Council, as provided by article 16 of the Rome Statute.

This article permits the Security Council to determine that an agreement would be in the interest of peace and to require the ICC by a chapter VII resolution to defer action for renewable one-year periods, thereby suspending and not halting prosecutions.[13]

The time limitation of one year placed on the Security Council by the Rome Statute was both a recognition that article 16 should not become a back door to impunity, and a realization that the threat of not renewing a deferral gives the Security Council a tool for ensuring compliance with an agreement. Thus, even if the Council does intervene, the LRA may not be satisfied.[14]

But the Crisis Group argues that in theory, the Security Council could give de facto amnesty by promising to renew the yearly deferrals for the lives of the indicted, though such a pledge should at least be accompanied by a clear understanding that any violations by the LRA would mean a resumption of prosecutions.[15]

Article 16 of the Rome Statute does not provide any limit in terms of how many times the Security Council should renew a deferral action. This omission is a threat for the ICC as an anti impunity symbol. And any unlimited renewal one-year period in LRA leaders’ case will set a precedent for the future ICC case and for international justice.

The Blanket Amnesty

Tina Rosenberg argues that a country’s decisions about how to deal with its past should depend on many things: the type of dictatorship or war endured, the type of crimes committed, the level of societal complicity, the national political culture and history, the conditions necessary for dictatorship to occur, the abruptness of the transition, and the new democratic government’s power and resources. She added that different countries have chosen widely different strategies to deal with the past.[16]

Among these strategies, is the granting of amnesty. This strategy is used by different countries in order to end conflict or dictatorship regimes. Samuel P. Huntington [17] distinguishes three types of democratization transitions: transformations, replacements and transplacements.

In transformations, those in power in the authoritarian regime take the lead and play the decisive role in ending that regime and changing it into a democratic system. In replacements however, democratization results from the opposition gaining strength and the government losing strength until the government collapses or is overthrown. In transplacements, democratization is produced by the combined actions of government and opposition.

In recent past, many dictatorship regimes used the amnesty strategy during transition to democracy to grant themselves a blanket amnesty such as in Chile with the Pinochet regime.[18] Others used the National Conference Forum such as in Togo with the Etienne Gnassingbé Eyadéma regime [19] , and in the DRC (former Zaire) with the Mobutu regime.[20]

However, in transplacements, the granting of amnesty has also been chosen in many countries. This amnesty could be a broader one, such in Sierra Leone [21] or conditional such as in South Africa.[22]

Thus in order to end a war conflict or a dictatorship and to establish a real democracy, many countries have chosen to grant a amnesty. Uganda is among them.

Indeed, the Ugandan president Yoweri Museveni has offered a blanket amnesty to LRA leaders in order the end the over 19 year long deadly civil war in his country. As noticed the BBC News: “Mr. Museveni clearly feels that for now, the most important thing to achieve is peace. And, in the interest of that peace, the widespread crimes of Joseph Kony’s Lord’s Resistance Army should be put to one side.’’[23]

The ICC at The Hague may disagree. The court was founded on the basis that there can be no durable peace without justice, which to some extent satisfies victims that wrong have been addressed.[24]

At a 2002 meeting to mark the fourth anniversary of the adoption of the Rome Statute, Kofi Annan, the Secretary General of the United Nation, said “The date of 17 July 1998 will long be remembered as the world finally united to bring an end to the culture of impunity”.[25] But challenging impunity does not only mean ferreting out former dictators from wherever they may be hiding in order to have them stand trial for the crimes they committed. It also means not extending amnesties to people accused of committing crimes against humanity.[26]

However, this point of view is not shared by all Ugandan people. Indeed, as noted IRIN, Ugandans are “…tired of war, most people want the rebels forgiven”. According to them, maintaining a tough stance against the rebels and fighting them has only prolonged their suffering. “We are in a mood of forgiveness. Let the International Criminal Court not spoil our party preparations”, some Ugandans have said.[27]

The ICC’s aim to close “the gap of impunity” is felt by some Ugandan people to be a threat to the peace in Uganda. Some of them do not hesitate to criticize the presence of the ICC in the Uganda peace process. An internally displaced person, Nikson Owinyi, told Jan Egeland that “The international community should tell the ICC that the Acholi people don’t like ICC in these affairs because it is holding back the peace process.”[28]

Again Peter Onega, has claimed that the decision by the international court has left their work in “total confusion”. He stated further, that “the statute establishing the ICC overrides the national laws and the court may decide to issue other warrants of arrest for people they have even issued amnesty to. …..The warrant would scare away willing rebels and frustrate the commission’s effort to negotiate for ex-rebels return”, he added.[29]

Indeed, in a bid to bring about a cessation of violence, the UAC was set up to offer a blanket amnesty to militia and soldiers. It was hoped that this amnesty would encourage them to lay down their weapons without fear of reprisal. Then in October, 2005, the ICC issued warrants of arrest against five members of the LRA in Uganda and this move effectively undid the work of the UAC.[30]

But Luis Moreno Ocampo, the Chief Prosecutor for the ICC, made himself clear on this issue when he told IRIN, “Domestic amnesties are strictly a matter for national authorities and do not act as bar to an investigation by the ICC”. Thus, the message was that at a national level, amnesties may be granted, but they will not be guaranteed at an international level.[31]

The rejection of amnesty for perpetrators of human rights abuses on the basis that such amnesties are incompatible with the principle of international law has been steadily involving the whole world. The International Criminal Tribunal for the Former Yugoslavia observed in 1998 that amnesties covering certain crimes’ “would not be accorded international legal recognition” despite having legal force in that country. Spanish and French courts have also lent their backing to this interpretation, and the inter-American court of Human Rights in 2001 stated “All amnesty provisions are inadmissible, because they are intended to prevent the investigation and punishment of those responsible for serious human rights violations, which are non-derogable rights recognized by international human rights law.”[32]

The UN holds the understanding that the amnesty provisions of the agreement shall not apply to the “international crimes of genocide, crimes against humanity, war crimes and other serious violations of international humanitarian law.”[33]

Indeed, the amnesty issue facing the ICC in the Ugandan peace process is an opportunity for the international justice system to show the international community as a whole that the impunity gap is closed.

Far from spoiling the peace process in Uganda, the ICC could boost it. Its deterrent effect is one of the main explanations for the sudden willingness for the LRA leaders to negotiate. They no longer have anywhere to hide. They have lost support - the southern Sudan is no longer a threat for the government of Khartoum, and they are wanted in DRC by the MONUC, the UN mission in DRC after killing eight Guatemalan peacekeepers in Eastern DRC.[34]

Often, people like Kony and other LRA leaders need to be backed against the wall before one can expect any agreement from them for a negotiated solution. Mobutu, the DRC former president accepted negotiations with Laurant Desiré Kabila, the other former DRC President, (then rebel leader) when almost ¾ of the country was controlled by the rebel group in 1997 . ‘The rebels Lords Resistance Army has called for the resumption of peace talks with the Ugandan government’ noted IRIN.[35]

As noted by the Citizens for Global solutions (CGS), Kony is exactly the type of person for whom the ICC was created. [36] Therefore, the blanket amnesty through a peace agreement becomes the last chance for a way out.

The implications of the Ugandan peace process in the Ituri District

As has been said before, DRC is affected by a deadly war which has resulted in over three million deaths and widespread displacement. The killing and other atrocities committed against the population by the national army, foreigners armies, rebel groups, and militias raises the issue of accountability of the perpetrators and reparation for the victims.

But in the DRC, the national judicial system is in collapse. According to Human Rights Watch, the DRC’s national justice system is in a state of disarray. It will likely take years to establish a functioning, independent, impartial and fair judiciary.[37] And the Commission Vérité Reconciliation (CVR) - the Congolese truth commission - established by the Pretoria Agreement with the mandate to address reparation has failed to do its work.[38]

Therefore, the ICC becomes the alternative for the thousands of victims wanting to see justice done by holding their perpetrator accountable and getting reparations owed to them.

Among the most affected by the war is the population of Ituri District in northeast DRC bordering with Uganda. This population expects prosecution of the likes of Combra Matata, leader of the Ituri Patriotic Resistence Front (FRPI), one of the active militia groups and responsible for several atrocities including rape, burning houses and killing.[39]

The Ituri people also expect prosecution of Kawa Mandro of PUSIC, an Ituri militia [40], Peter Karim of Front des nationalistes et Integrationnistes (FNI) and Mathieu Ngudjolo of Mouvement des Révolutionnaires Congolais (MRC) [41]. Already there is a concern among the population in Ituri after the government appointed two ex-militia leaders, Peter Karim (FNI) and Mathieu Ngudjolo (MRC) as colonels in the national army [42], in the name of peace.[43]

But for the victims of war in the DRC, especially in Ituri, ‘peace’ means positive peace, one in which justice is addressed, human rights are respected and people live without any fear (as opposed to a negative peace such as a ceasefire, which is negative because it stops the war but does not address other issues). [44] And this ‘peace’ has to be based on the concept of justice. There is no peace without justice. But this justice has to be taken into the transitional justice perspective.[45]

Indeed, transitional justice offers a deeper, richer and broader vision which seeks to confront perpetrators, address the need of victims and assists in the start of a process of reconciliation and transformation.[46] Therefore, the Uganda peace process is very important for the people of that country.

The ongoing peace process in Uganda is being followed with interest by both the victims and perpetrators in Ituri District. The success or failure of the ICC in the LRA leaders case will have many implications. Successful prosecution will create an expectation for several victims of similar atrocities in Ituri to see their own perpetrators held accountable for their crimes and to expect reparations. It will produce a deterrent effect to other militias who are still active in the same area. [47] Indeed, the arrest of Thomas Lubanga, one of the militia leaders in Ituri by the ICC in April this year produced a strong deterrent effect. “Many here in the East are afraid the court will come…we all now are thinking twice . We do not what this court can and will do”, confessed Xavier Ciribanya, former rebel leader of the RCD-goma and suspected of a range of crimes against civilians in both Kivus and Ituri.[48] Therefore, the ICC remains key in ending the violence and the last hope for the victims to see their perpetrators prosecuted, and to receive reparation after the complete failure of the CVR to address the issue. [49]

But, on other hand, failure will encourage the culture of impunity in Ituri District.

Indeed, the three conditions raised in the Ugandan peace process can be used by the different perpetrators in Ituri: firstly the Mato Oput option will gives people like Combra Matata who still has weapons the opportunity to escape a real trial. Secondly, the withdrawal of the warrants of arrest will give future perpetrators the chance to claim the Ugandan ICC case as jurisprudence. Finally, the blanket amnesty will be an opportunity for those prosecutable in Ituri District to extend the content of the law adopted by the DRC National Assembly which gives the CVR the power to propose amnesty for acts of war, political crimes and crimes of opinion.[50]

Conclusion

The ongoing peace process in Uganda is critical for the Ugandan people. This peace process can finally end the 19 year long deadly war which deeply affected the northern Ugandan people. But at the same time, the peace process in Uganda is critical for the ICC which faces its first test as the symbol to impunity. Furthermore the Ugandan peace process has implications for the Ituri District.

As a symbol for the ending of impunity or the closing of the impunity gap, the ICC has to stand behind its warrants of arrests. Justice has to be done. Not only for the victims in northern Uganda, but for others, including the Ituri.

The ICC is established not only for Uganda and its future will depend on what decision it takes today in order to secure tomorrow in its fight against the impunity. ‘Justice for today’s crimes supplies the legal foundation needed to deter tomorrow’s atrocities. Without justice, there is no peace’.[51]

• Dieu-Donné WEDI DJAMBA is a lawyer (Advocate)at the Lubumbashi Bar association/DRC; Consultant; Assistant lecturer in the College of Law in Lubumbashi/ DRC; Human Rights Activist and Writer. Tel:+243812485222;+27738362921 ; Fax:+18016727206 Email: [email][email protected];[email protected]
• Please send comments to [email protected] or comment online at www.pambazuka.org

References:

[1] Lijun Yang, “On the Principle of Complementarity in the Rome Statute of the International Criminal Court”,Chinese Journal of International Law (2005),vol 4,Nº1 (accessed 11October 2006)
[2] Rome Statute,]http://www.un.org/law/icc/statute/99_corr/preamble.htm> (accessed,10 September2006)
[3] IRIN,op.cit.
[4] BBC News.op.cit
[5] IRIN op.cit.
[6] BBC News.op.cit.
[7] IRIN.op.cit
[8] International Crisis Group.op.cit
[9] ibid
[10] IRIN.op.cit
[11] ibid
[12] Internatinal Crisis Group,op.cit
[13] International crisis Group.op.cit
[14] Ibid
[15] Ibid
[16] Tina Rosenberg “After word: Confronting the Painful Past”, in: Martin MEREDITH,COMING TERMS: South Africa for Truth,1999,pp328
[17] Samuel P. Huntington,“The Third Wave: Democractization in the late Twentieth Century”, ed,Nail.J.Kurty, Transition Justice,vol 1, 1995,pp65
[18] BBC News, “Pinochet profile: Saviour or Tyrant”, ,(accessed 1 November 2006)
[19] Wikipedia: The Historic of Togo 6 November 2006)
[20] Tyrone Savage,“The democratic Republic of Congo: Inchoate Transition, Interlocking Conflicts”,in: Erik Doxtader abd Charles Villa-Vicencio ,op.cit pp142
[21] The Lome Peace Accord.(accessed]http://www.sierra-leone.org/lomeaccord.html>(accessed 23 Octoberd 2006)
[22] Alex Boraine, “A COUNTRY UNMASKED”, Oxford University Press,2000,pp270.
[23] BBC News “Afrca’s mixed amnesty
[24] BBC News,op.cit
[25] IRIN.op.cit.
[26] IRIN.op.cit
[27] News.op.cit
[28] IRIN,op.cit
[29] Joseph Yav Katshung, op.cit
[30] IRIN,op.cit
[31] ibid
[32] ibid
[33] ibid
[34] ibid
[35] ibid
[36] ibid
[37] William W.Burke-White, “International Criminal Court, Complementarity in practice:The International Criminal Court as Part of a System of Multi-level Global Governance in the Democratic Republic of Congo”,Leiden Journal of international Law 18( 2005),pp576
[38] William W.Burke-White,op.cit
[39] IRIN : “DRC: Recently Demobilised militiamen re-arming in volatile Ituri Distict” (accessed 20 September 2006)
[40] Radio Okapi, “George Bush ordonne le blocage des avoirs des seigneurs de guerre de la RD Congo” ,(accessed 1November 2006)
[41] The DRC Defence Minister has publicly stated that the government is determined to work with the ICC to help bring war criminal to book ,after appointing the two ex-mititia, colonel in national army, in IRIN,DRC:Two militia leaders appointed army colonels,(accessed,13 October 2006)
[42] IRIN,op.cit
[43] Dieu-Donné Wedi Djamba,“Congo-Kinshasa:A strategy for Peace And Reconciliation in the DRC?”,in Pambazuka News.http://allafrica.com/stories/200610260875.html >( accessed 26 October 2006)
[44] Professor Jannie Malan used the terms “negative and positive peace” during the course session for the fellowship in Transitional Justice(2006) in Cape town/South Africa
[45] Dieu-Donné Wedi Djamba,op.cit,
[46] Alex Boraine, in: Alex Boraine and Sue Valentine, op.cit,pp25
[47] Alert.net, “More than three million Congolese dead and no one notice,say Is IRC”(accessed 2November 2006)
[48] William W. Burke-White,op.cit.pp588
[49] William W.Burke-White ,op.cit
[50] William W.Burke-White,op.cit
[51] Kathryn Schiele “U.S RATIFICATION OF THE INTERNATIONAL CRIMINAL COURT”,in Journal of International Relations, James Madison University, Spring 2004,pp59

The first time I heard of Rwanda it was not as a separate country. It was as hyphenation: Ruanda-Urundi. That knowledge came from a Sociology class taught by a German Lecturer, in a pre-degree class at Bayero University, Kano, Nigeria’. In those days Sociology was heavily dominated by Anthropology and its preoccupations with ‘the tribe’, ‘the clan’ and ‘the native’. Sociology was a discipline introduced out of protest at the uses and abuses of anthropology.

Anthropology has always had a bad name because of its close association with the colonial enterprise. European colonialists captured Africa through an unholy trinity: Christianity, the Maxim Guns and the Trade. The Anthropologists acted as the civilian contingent of the imperialist enterprise by providing what intelligence officers today provide for the modern state.

This is the same kind of far-reaching specialized local knowledge that ubiquitous Western NGOs can still provide (though a lot of information and knowledge are easily available today) to their sponsors today. The anthropologists were not necessarily ( like many of the missionaries) conscious agents but their knowledge, studies, ‘participatory research’ and activities among ‘the native’ directly and indirectly helped the colonialist project.

For Ruanda-Urundi what we know was that these were countries divided between ‘two tribes’, Hutu and Tutsi. The former looked more like us: Negroid, broad nose, short and stocky while the latter does not look like us: they are lighter skinned, taller, with long noses. With that, our racist focus on Rwanda and Burundi was constructed and the template put in place.

When you then consider the colonial imprint of indirect Tutsi rule in cahoots with the colonial rulers as the traditional aristocratic overlords, the anti-Tutsi prejudice became complete and got given a kind of respectable ideological justification.

Later in Political Science classes one was presented with another set of truisms that did not square with the tribal angle. Rwanda and Burundi, this time joined together with Somalia, we were taught, were the only countries in Africa where ‘tribalism’ was not an issue as in many post colonial African states, because the people of those countries were the same ‘tribe’, same faith. In the case of Rwanda and Burundi they did not even have significant dialect differences.

So if the people of those countries are not of different tribes how come they are killing each other? The answer lies in politics and power, not in ‘tribe’.

It took me moving to Uganda in the early 1990s to complete my education about Rwanda. Most Africans’ understanding or misunderstanding of Rwanda and Burundi was shaped by racist anthropological understandings. The ambiguities of some of the most radial scholars on this continent about the 1994 Genocide, and in understanding Rwanda since then, are rooted in this.

Many Africans believe themselves to be Hutus and by definition are apologetic about Hutu extremism. People who are usually critical of colonial constructs of ‘tribalism’ and ‘ethnicity’ in Africa, lose their critical faculties when it comes to Rwanda and Burundi. Because Genocide was carried out in the name of the majority, against a minority, does not make it ‘democratic’ or excusable. One’s opposition to minority rule should not condone genocide or atrocities against ethnic or racial minorities or minorities’ of any kinds.

The role of past colonial and neocolonial powers, especially Belgium and later France, in manufacturing these tribes and playing them against each other in order to perpetrate foreign domination in that part of Africa, cannot be separated from the successive Genocide that has engulfed the two countries (though with different victims and villains) since the late 1950s.

Without France and Belgium, the Genocidiare regime of Habyarimana and MRND could not have held on to power for so long. Without France and its ‘operation turquoise’ after the defeat of genocide in 1994 the Genocidiare regime, its army and clergy could not have forced genuine refugees behind fugitives in camps in Goma and other parts of Eastern Congo that eventually led to forceful closure of those camps, prolonged wars in the Congo and instability that continues until today.

It is therefore very rich, insulting and most mischievous and mendacious that a French judge sitting in some obscure province, and an even more obscure kangaroo court, can start issuing indictments against the President of Rwanda, Paul Kagame and nine of his officers.

Was the Genocide really caused by the shooting down of the plane of Habyarimana? If it had not been planned well in advance, with weapons being put into place how could it have been carried out and executed so swiftly and with such clinical precision?

Africans too readily accept Westerners sitting in judgment over us, without us doing the same for their many atrocities against us. Very often we allow our disagreements or opposition to particular regimes or leaders to cloud our better judgment and this gets non-Africans off the hook and even inflates their pomposity towards us. For many of us, as long as we are opposed to the person, people or governments being attacked, we think it is alright regardless of the principles that may be at stake.

How many African judges have issued indictments against Western leaders for their complicities in the many tragedies that continue to take place on this continent? Why can’t our judges, governments or institutions and even our human rights organizations who are quick to accept donor funds to campaign (rightly in many cases) against abuses by our governments also put some energy into prosecuting and campaigning against non-African excesses against Africa?

France and Belgium in particular and their successive leaders, ministers, corporations, diplomats, bureaucrats are guilty of aiding and abetting Genocide and should hang their heads in shame instead of looking for Africans -leaders or the led - to prosecute. They are only trying to ease the burden on their own consciences about their moral, political and legal complicity in murdering the innocent in Rwanda. 1994 may be the worst expression of these excesses but there are too many similar cases across this continent. Where do we even start when counting these cases? Is it Genocide by the Germans against the Hereros in Namibia? Or King Leopold’s Genocide in the Congo? Is it the assassination of Patrice Lumumba, coordinated by the Belgians and the CIA? Is it the overthrow of patriotic regimes including that of Nkrumah, Ben Bella, and so many more by agents of the West? Or do we cite the testing of nuclear weapons on innocent people of the Cameroon by the British in the 1960s?

We do not have to look far back in history to find evidence of Western conspiracies and wrongs against Africa. Most western countries will stand indicted without too much research. France will be in a special class of its own as both a brutal colonial power and neocolonialist on this continent.

There is more than enough for many western countries, and their leaders - political, religious and corporate -to be hauled before the ICC. That they are not is because they are the ones making the rules and then breaking them. That they get away with it is because we let them. International law should not only be for the poorer countries to obey, used to threaten current leaders, or enforce on leaders who have fallen out of favour (like Taylor, Milosevic, and others). It should apply equally. In a just world, how many western leaders, current and past, would be sitting comfortably in their mansions?

The responsibility for Genocide is not about who shot Habyarimana, it is about those who aided and abetted Genocide in that country ending with the delivery of their final script in April 1994. That responsibility, Monsieur Judge, is on France and their Belgian cousins.

• Dr Tajudeen Abdul-Raheem is General-Secretary of the Pan African Movement, Kampala (Uganda) and Co-Director of Justice Africa

• Please send comments to or comment online at www.pambazuka.org

Fahamu, Networks for Social Justice, is seeking a dynamic, entrepreneurial and socially committed educator to join us as Programme Director of Fahamu’s Education for Social Justice programme. Based in Nairobi, you will have national, continental and international responsibilities for developing, managing and expanding distance-learning and other capacity building initiatives

Children are sometimes being packed in two to a bed in the dark, airless wards of Conakry’s only children’s hospital as the facility copes with double the number of starving children now than three years ago. There were 623 malnourished children admitted to the Donka Hospital Institute of Nutrition and Child Health between January and the end of September, the last time the quarterly records were compiled.

Government troops backed by the French army have retaken the northern town of Birao a month after it was captured by forces of the Union des forces démocratiques pour le rassemblement (UFDR), presidential press director Lord Esaie Nganamokoi said on Tuesday (28 November 2006).

Southern Europe is all-too familiar with irregular migration from North African countries such as Morocco, Algeria, and Tunisia. But, as the migration crises in Morocco's Spanish enclaves in 2005 and Spain's Canary Islands in 2006 made clear, sub-Saharan Africans are increasingly migrating to North African countries, with some using the region as a point of transit to Europe and some remaining in North Africa.

A clampdown on lone children who come to Britain seeking asylum is being drawn up by the Home Office, which will argue that a large proportion are economic migrants seeking a better life. The move has alarmed refugee groups, who say the thousands of unaccompanied teenagers arriving in the UK every year should be treated as children first and suspects second.

This week in the review of African blogs, I am going to focus solely on blogs by African women. The number of women blogging has quadrupled over the past year and each week more and more African women in the homeland and the Diaspora are blogging. The majority could be described as journals – postings on thoughts and daily experiences - but there are also a number of blogs that, for example, specifically deal with politics, social justice, sexuality and literature.

'Adaure' - Adaure *href="http://according2adaure.blogspot.com/2006/11/celebrating-nigerian-women-...) guest posts on Bella Naija - Bella Naija (http://bellanaija.blogspot.com/2006/11/pen-ladies-by-adaure.html) in which she “celebrates Nigerian women writers” from Flora Nwapa through to today’s gifted writers such as Sefi Atta.

“Nigerian women have proven themselves to be great story tellers. You see and hear them in action every day. From the kitchen to the office and school, the market place to the river bank, the beer parlor-canteen to the hair and nail salon. They are telling all sorts of stories be it about love, money, sex, religion or tradition. It is no wonder there are more Nigerian women blogging, and that number keeps growing daily. We have even coined a distinctly Nigerian hobby called gisting, not to be confused with gossiping. While men have dominated the literary and publishing field, some women have certainly made their mark, both in the past and present. The 21 century has also seen a new wave of Nigerian women writers many of whom are young, possess a freshness that had been lacking and are fearless in the approach.”

This is an excellent post. The only disappointment is that Diane Evans who wrote 26a was not included and in that respect a particular comment stood out.

“Diane is half Nigerian so she might be worth adding to your list”. I take issue with the statement as I don’t see people as being half this or half that. Particularly offensive is the “she MIGHT BE WORTH adding to the list” – or maybe she might not! Who is to decide? I do not know Ms Evans but I do know she has visited Nigeria recently and has arranged with Nigerian publishers to have her book published locally. Her father is Nigerian so as far as I am concerned there is no problem about her being included in a list of Nigerian women writers. She is one.

'Kameelah Writes' Kameelah Writes (http://kameelahwrites.blogspot.com/2006/11/mugabe-and-ahmadinejad-oh-my-...) comments on the emerging alliance between Robert Mugabe and his Iranian counterpart, Mahmoud Ahmadinejad. Kameelah, although definitely no apologist for Mugabe, sees the economic sanctions on Zimbabwe by the West as influencing Mugabe’s search for alternative alliances such as China and now Iran.

“Mugabe’s land reform program (seizing white-owned farms for redistribution to new black farmers), matched with allegations of election fraud in 2000 & 2002 (which without being an apologist for Mugabe, America has no moral upper hand in critiquing) and political repression have earned Zimbabwe coveted membership in Condoleezza rice’s illustrious ‘outpost of the tyranny’ club.

Joining such stars as Iran, North Korea, Cuba, Belarus and Myanmar, Zimbabwe became officially ‘evil’ and has been subject to a the host of diplomatic pressures to surgically remove Mugabe from office. It seems as if this club has the ability to bring together kindred spirits as Zimbabwe and Iran are joining forces to challenge Western hegemony. During Mugabe’s four day visit to Iran this week, Iran and Zimbabwe signed five memoranda of understanding to boost agricultural, energy, development aid, economic, technical and education cooperation.”

The truth is that Mugabe has lost all credibility and whilst he looks to the East for economic and moral support whilst condemning the West, he is destroying the lives of his own people and his country.

'Kenyan blogger and poet Mshairi' - Mshairi - (http://www.mshairi.com/blog/2006/11/26/a-change-is-gonna-come/) pays tribute to her sister, Dr. Wanjiru Kihoro who passed away on October 12th after nearly 4 years in a coma.

“A distinguished economist, Dr. Wanjiru Kihoro graduated from Columbia University and went on to earn an MA in Development Studies and a PhD at Leeds University. Over the years she gained the respect and admiration of many for her dedication to matters of gender, equality, justice and democracy.

“A long time London resident, Dr. Kihoro was one of the founders of the Committee for the Release of Political Prisoners in Kenya formed in 1982. The Committee fought to highlight the plight of university lecturers, students and other so-called “dissidents” incarcerated in various Kenyan maximum security prisons. Largely as a result of the Committee’s pressure, most of the prisoners were adopted by Amnesty International and other international human rights organisations as prisoners of conscience.”

'Rosemary Ekosso' - Rosemary Ekosso (http://www.ekosso.com/2006/11/dr_george_ayitt.html) points to an article by Dr George Ayittey on China (France) and Africa. Ayittey discusses what China wants in Africa and how Africans should view this new pragmatic "friendship".

"The real problem was the retinue of clueless African clods, who attended Chopsticks Conference at Beijing in October. ‘Clueless’ because that was no Berlin Conference for sure. No European powers were present; only one Asian power, China. And no Maxim gun was needed. But lying prostrate at China's feet were 40 African heads of state, offering themselves for voluntary economic enslavement. Disgusting.

“Elementary principles of demand and supply suggest that that was a buyer's market. When 40 desperate suppliers are competing for one buyer's attention, the buyer calls the shots. With chopsticks dexterity, China can pick platinum from Zimbabwe; oil from Angola, Nigeria and Sudan; cocoa from Ghana; diamonds from Sierra Leone; etc. – all on its own terms because of its strong bargaining position. Few radical intellectuals and African heads of state see nothing wrong with this huge imbalance because China is perceived to be a ‘friend of Africa’ since it is ‘anti-West.’

"'The enemy of my enemy is my friend' has been the seductive fallacy. Those who don't learn from history are bound to repeat it."

What a breath of fresh air to hear someone actually look both East and West in the face and speak the truth of their interest in Africa in the past, now and in the future.

'Nigerian blogger', Reflections 2 - Reflections 2 (http://bettyboopu.blogspot.com/2006/11/repost-made-in-nigeria.html) has a hilarious post commenting on the Nigerian government’s drive to improve exports. The blog renames a host of Nigeria’s favourite foods so we end up with these (just a selection and am sorry the names just don’t hold up for me):

“Kilishi - Beef Crackers; Roasted Corn - Corn Aflame; Ogi/Akamu - Corn Caramel; Garri - Grain O Fibers; Ikokore -Continental Yam Casserole; Kunnu - Grain Alive.”

'Freedom for Egyptians' - Freedom For Egyptians (http://freedomforegyptians.blogspot.com/2006/11/cairo-international-film...) comments on the Cairo International Film Festival where this year’s guests of honour are Latin American films.

“Believe it or not, Cairo Film Festival is hosting for the first time movies from Saudi Arabia and Oman. Yes, Saudi Arabia... It is the first movie production for Oman. And, the Saudi movie is starring Saudi actors and actresses and is written by Egyptian script writer Belal Fadel…Late Egyptian Writer Naguib Mahfouz will be honored in the 30th round for the festival. Mahfouz passed away this year at the age of 95.”

'Black Looks' - Black Looks (http://www.blacklooks.org/2006/11/1189.html) has expanded by inviting three African women to contribute to Black Looks as often as possible, a move she hopes will broaden the base of the blog. This week, she comments on the response from various African governments and media to the passing of the “Same Sex Marriage Bill” in South Africa earlier this month. A number of countries that had never previously discussed the issue of homosexuality in public are now doing so, such as Burkina Faso and Mozambique. The Kenyan Times came out publicly stating that:

“I am not sure that homosexuality has a European lineage otherwise the holy book would not have mentioned and discussed about it. I think it is very true and probably so that homosexuality is practiced (but not spoken openly about) in Africa by African peoples. I stand to be corrected to the contrary with empirical evidence.”

Other countries such as Nigeria and Uganda remain intransigent in their views, refusing even to discuss the matter as a human rights issue.

• Sokari Ekine produces the blog Black Looks,

• Please send comments to [email protected] or comment online at www.pambazuka.org

The African Studies Centre, University of Oxford, is offering an Oxford Nigeria Scholarship in African Studies for the academic year 2006-7. This scholarship is sponsored by Oxford and Cambridge society of Nigeria. The award is available only for study on the MSc in African Studies, and is open to citizens of Nigeria.

What will future health and agricultural systems look like? Who will benefit from genetically modified crops or new vaccines? With climate change, will there be enough water for people to survive the 21st century? What are the implications of global pandemics of HIV/AIDS or bird flu? What does a global knowledge economy and society mean?

The ideas of economists and political philosophers, both when they are right and when they are wrong, are more powerful than is commonly understood. Indeed the world is ruled by little else.’ (Keynes) As the famous quote by Keynes reflects, breakthrough ideas in economics and political philosophy can change history, but what are the processes that shape their spread?

EASSI is specifically seeking for four young women aged 20 - 30 years from Burundi, Ethiopia, Rwanda and Uganda to join the 2007 Internship Programme. The Internship Programme is an innovative and exciting Programme for young women from the Eastern Africa Sub-region held every year from April to December.

How many hours a day do you spend using some kind of ICT tool? Have you ever wondered how it connects with violence against women? Can things like mobile phones, webcams, blogs and videogames transform power relations between women and men?

The World Social Forum will be here in January next year. Kenya has no idea what is about to hit it — thousands upon thousands of activists from different social movements all around the world. This is a good time to reflect on the nature of contemporary social movements in Africa. We live in the age of externally funded non-governmental organisations.

Scientists say a drug-resistant strain of the bacterium that causes typhoid fever may be heading from Asia for Africa, suggesting the need for a shake-up in ways of combating the lethal disease. The research, published in the journal Science today (24 November), examined the genetic diversity of over 100 strains of the bacterium Salmonella enterica Typhi, revealing its evolutionary history.

Thanks to the mobile phone, telecommunications is the leading area of infrastructure in Africa, but the mobile's success has caused other problems. Between 2000 and 2005, the number of mobile phone lines in Africa rose from 15.6 to 135 million, according to the Geneva-based International Telecommunication Union.

The National Media Institute of Southern Africa (Namisa) - also known as MISA Malawi - petitioned Malawi's President Bingu wa Mutharika on the conduct of the State House Press Officer, Chikumbutso Mtumodzi. The petition is in response to a letter that Mtumodzi wrote to Blantyre Newspapers Limited (BNL) on November 13, 2006, barring its reporter Maxwell Ng'ambi from interviewing the President or attending any State function because, according to Mtumodzi, he is a convict.

The Students Loan Trust Fund, which is expected to replace the SSNIT loan scheme, would begin its operations in the next academic year. According to the trustees, the fund intends to issue loans amounting to ¢875.6 billion to students within the next three years. It will be financed through the Ghana Education Trust Fund (GETFund).

Reporters Without Borders has voiced dismay over the decision by the Chadian National Assembly to extend a 10-day-old state of emergency for six months, thereby maintaining prior censorship of the print media and permanent monitoring of independent radio stations.

The Federal Government and the Joint National Public Service Negotiating Council (JPSNC) yesterday, reached an agreement to suspend the over one month old strike in the 102 Unity Schools with immediate effect and the teachers asked to return to their duty post.

The Supreme Court yesterday (22 November 2006) said it would decide, in two weeks, the appeal filed by 18 lawmakers from Oyo State House of Assembly, challenging the Court of Appeal's ruling, which nullified the proceedings that led to the removal of Governor Rashidi Ladoja from office.

Africa must develop a cost-effective integrated infrastructure to allow landlocked countries access to the sea and must press ahead with creating a single market to enhance trade, Vice President Joice Mujuru said yesterday (22 November 2006).

Hewlett Packard (HP) and UN Educational, Scientific and Cultural Organisation (UNESCO) on Monday (20 November 2006) announced the launch of a new project "Piloting Solutions for Reversing Brain Drain into Brain Gain for Africa", which aims to help to reduce brain drain in Africa by providing grid computing technology to universities in Algeria, Ghana, Nigeria, Senegal and Zimbabwe.

The status of sign language usage, inclusive in deaf students' education package in Ethiopian, is very poor, according to a research presented at a workshop on Friday (17 November 2006) under the theme 'Inclusive education and educational problems of the deaf.'

Rough note prior 8th Ordinary Assembly of the African Union, January 2007, Addis Ababa, Ethiopia: These comments are un-attributable but offer an accurate briefing of some of the key issues prior to the Summit.

Business & Human Rights Resource Centre, the international charity tracking the social & environmental conduct (positive & negative) of over 3200 companies worldwide, is seeking a highly-motivated person to be its Africa Researcher & Coordinator.

Agenda Feminist Media in collaboration with Heinrich Boll Stiftung and Open Society Foundation invite you to the launch of its TRAFFICKING Journal. Visit the website for more information.

On the annual Thanksgiving holiday, commemorated this Thursday (23 November 2006), millions of U.S. families gather to eat turkey and sweet potatoes. Another crowd, distinctly less festive, assembles in the state of Massachusetts to mourn. This gathering overlooks Plymouth Rock, where European settlers landed in 1620, and is called yearly to condemn continuing violence and discrimination against Native American people.

My beloved Congo,
The joke of the African continent
The world’s gold, diamond, and coltan mine
Rwanda’s concubine

This country of mine,
Poisoned with the swine that is Western policy
Westerners and Asians exploit the riches
But live behind gated communities
With underpaid Congolese security

So they’re closing the door
On fractured Congolese faces with one hand,
While robbing her of her resources with the other
And no province is safe
Because some of our own,
Corrupted Congolese leaders,
Are involved in this race

But even they can’t keep pace
In the face of our Rwandan aggressors,
Annexing our spirit
To their sickened, stricken, sinister soul
To such an extent that to now call eastern Congo,
You must dial Rwandan area codes
While they toy with the possibility
Of introducing Rwandan currency in the east

The United Nations talks of peace
Knowing full well
That peace can only be attained
Through violence

Jean Pierre Bemba
Becoming the Congolese Prime Minister
Can only happen through violence

Child soldiers
Fighting in fear
Of retribution on their families,
Join in the spread of violence

Raping my mother country
And spilling her black coltan blood
Only continues through VIOLENCE

But when I talk to you
About Congolese genocide
With Western compliance
Your response - silence!

I know
Because I used to be just like you,
Sittin’ there smilin’
While other folks lie dyin’
Even bought my wife-to-be a diamond
And probably spilled the blood
Of a distant cousin for it
And chose to ignore it

But now I’ve visited Congolese refugee camps
To find that
There’s not even any refuge for refugees
Abandoned Congolese mothers and children
Living in tents
Made out of empty rice bags
While lice drags through their hair

And their daughters
Living in despair,
Start having babies
At 12-years-old
With 50-year-old married men
With no humility
Who pay them $.25
For their virginity
And the possibility of exchange for AIDS
While the World Bank
Gives this absentee father of a government aid

But I’m searching for a cure for both diseases
Because 4,000,000 have died in 4 years
And too many orphans are shedding tears

As they start dying in the street
At 11 years old
Because even though it’s hot on the outside,
Their inner spirits are cold
From walking around starving in a capital city
That barely has paved roads

And eating ½ a meal a day
Can’t heal that
Living on less than $1 a month
Won’t heal that
And since you only see
Israel and Palestine on the news
Y’all can’t feel that

So I’m hoping that a thousand words
Can be worth a picture
Because this image of the Congo
May not fit your stomach
But it’ll fit your fingers with diamonds,
Your ears with gold,
Your cell phones with coltan,
While newly discovered Congolese oil
Heats your house when it’s cold

But y’all still don’t give a damn
Even when I talk to you
About Congolese with polio,
Walking as if their left knee
Was glued to their left hand

See there may be a cure for measles and malaria
But there’s no medicine for misery
In a country being steered
In the wrong direction
With children dying
From all types of infection
And 12-year-old girls condemned to death
Because rich married men,
Don’t use protection
And all of their relationships
End in rejection
It’s like the entire country’s suffering
From a lethal injection

A second genocide in less than 100 years
That’s gone without mention
Along with the fact that we’ve gone 12 years
Without an election
On the Congolese street
Called the “Avenue of the Future”,
…That’s where my father was tortured
And nearly died in detention
So you’ll have to forgive me
When I say that our future looks bent in
The eyes of the people

And I’m also pissed off because,
They say, “Long live an independent Congo”,
But I don’t remember when it ever was

The international community correctly condemns Congolese corruption
By questioning where the ministers bought their cars from
But the world’s ears become deaf
When I ask where our invaders got their arms from?

This is the Congo damn it!
And ain’t none of it funny
Americans who work here
Say it’s a great place to make money
Folks with connections from Bush to Bin Laden
Steady robbin’ this country of her resources
Through Lebanese liaisons
Living in the land of internationally sanctioned genocide
Where
Pathetic US
+ Putrid UN policies
= Pesticide

Claiming that they’ve finally brokered peace
But don’t let them fool ya
’Cause up ‘til today
We’re still diggin’ up body bags in Bunia

Because their role in the Congo
Supports nothing but violence
Our continual purchase of Congolese riches
That never benefit the masses—compliance
Possible experiments with untested AIDS drugs
On unsuspecting Congolese—in the name of science
Poems like this to try to wake us all up—a simple act of defiance
All I’m asking for my beloved Congolese people—self-reliance
But when I ask you to help me heal the hurting heart of Africa,
Your response—SILENCE!

(Written in Kinshasa, 2002)

• Urban Music Award winner Omékongo Dibinga, M.A., is a motivational speaker, rapper, and poet. He is the Founder & CEO of Free Your Mind Publishing. A first generation Congolese-American, Omékongo writes and performs in English, French, Swahili, and occasionally has used Wolof. He has released 4 CDs, 2 books, and 1 DVD. He is the host of “Flava,” an international satellite hip-hop radio show in Asia, Europe, and Africa. He has performed/lectured in the United States, South Africa, England, Congo-Kinshasa, Tanzania, France, Cuba, and Canada. His work has been televised in over 130 countries. For more information, please visit
• Please send comments to [email protected] or comment online at www.pambazuka.org

During the 16 days of activism campaign to end violence against women and children, some thought needs to be given to adult sex workers, who experience violence on a number of levels: from police, agency bosses, clients and on a domestic level like other women. Sex workers are isolated and stigmatised and this prevents them from being able to access the protection services of the police. It also means that law enforcement agencies often discriminate against sex workers, denying them assistance when they experience violence and crime.

Stigma can be defined as a brand, a mark of shame or a stain on one’s character. Social stigmatisation of an act entails severe disapproval from society for behaviour that is considered to be outside the bounds of social norms.

The normative message that society has traditionally given to women is that sex is only acceptable within marriage or at least within a significant relationship. [1] This message can be understood as part of society’s attempt to keep women’s sexuality controlled within the bounds of marriage. Sexual relationships that do not occur within marriage, or at least within a committed relationship, are seen as deviating from this social norm. The further a relationship is from the norm-setting nuclear family the more likely it is to be categorised as “abnormal”.

Thus, for example, unmarried heterosexual couples are still close enough to this norm to be considered nominally acceptable, while homosexual relationships fall further outside of the norm and are thus often seen as “suspect”. Sex with a stranger, as part of an economic transaction, is as far away from the norm as you can get.[2]

Selling sex is thus seen as “abnormal” and therefore morally wrong and sex workers as a group are stigmatised.[3] It is significant, however, that the resultant “whore” stigma does not only apply to sex workers and is often attached to any woman that is sexually assertive or seen as impure or unchaste.[4] Gail Pheterson speaks of the “whore” stigma as a stigma that aims to silence and degrade those that it targets, emphasising their “shameful differentness”.

This stigma also prevents women from “freely exploring, experiencing and naming their own sexuality for fear of being called a whore”.[5] The sex workers in this study spoke of their “shameful differentness” and of their own experience of feeling stigmatised.

“I don’t think anyone is born a prostitute, so I think at any given time, doesn’t matter whether she has been brought up ill treated or abused or whatever, she never actually has that image in her mind of her doing that you know... because society condemns it... you still look in the mirror and you still know that you are inevitably you are still selling your body for money... so you have got inner conflict already you know trying to lift your spirit and not breaking yourself down.”

“I know that people believe - that there’s that perception out there - that prostitutes are filthy.”

For one participant one of the main things that she finds difficult about her work is coming to understand what she does and justifying it to herself. Another participant spoke of her feelings of guilt after having been with a client and how it makes one question one’s worth as a person:

“You have all got a conscience and conscience means that you will, that after you have been with a client you obviously will feel dirty. You feel like am I worth this or whatever? Especially, especially when how the clients, some of the clients do treat you ..... You will finish a booking, sometimes when you have finished a booking you just have to get out.”

At the same time, one of the participants speaks articulately about how being involved in sex work allowed her to think more critically about this kind of stigma and how she has started to explore her own sexuality:

“I’ve come to terms with my own sexuality, I think. I’ve definitely sort of realised that it is just, well in my opinion, a physical act of pleasure. It’s OK for a woman to actually enjoy sex. There I’ve grown in leaps and bounds, but just coming from ... a conservative upbringing, you know as a woman you are brought up not to sleep around. And then you’re a slut and a whore and so on...”

Consequences of stigma

The way in which the participants quoted above speak about themselves illustrates how stigma can sometimes become internalised. Often the perceptions that others have of us can become the perceptions that we have of ourselves. Resisting the internalisation of these derogatory perceptions is difficult and it can be easier just to accept these insulting labels than to challenge them.[6]

Persons engaged in sex work are often blamed for social problems or perceived as victims.[7] Some of the myths and stereotypes that exist about sex workers are that they are dirty and spread disease, that they all come from dysfunctional families, that they all abuse drugs and alcohol, that sex work is always associated with or the cause of other crimes, or that sex workers are women that need a sexual outlet.

Participants in the study use some of these stereotypes to describe themselves when they talk about themselves as “dirty”, or when they make the assumption that sex workers come from families where they are ill treated and sexually abused. They also expressed their awareness of the condemnation of society, as well as their own feelings of guilt and self blame for doing the work they do:

“I think it’s sort of coming to understand or justifying what you do. And then sort of coming to terms with it. And forgiving yourself or you can sugarcoat it any which way you like, and justify it as much as you can, but it still is what it is, you know.”

“... many a times we feel down and... we feel broken because of the type of business we’re in...” “They just, we all just feel that we are not, we are not good enough, you know, and that makes you just let yourself go. I know I’ve let myself go... I just felt I wasn’t worthy of anybody...”

Participants in the study also spoke about experiencing feelings of guilt and self-judgment, particularly when they had just started doing sex work. A number of researchers describe this internalised stigma as one of the worst dangers that people engaged in sex work face and they assert that it is mainly stigma that causes psychological distress for sex workers.[8] One participant describes this experience as follows:

“What I really find difficult is the stigma, the stigma that gets attached to you, by society. They don’t understand why, and people... That’s the thing that I find the worst is the stigma of the work.”

Some of the psychological consequences of internalised stigma are difficulties with self-esteem, feelings of shame, despair and powerlessness.[9] A participant in the study spoke of people she works with who become depressed as a result of the stigma attached to the work and who then use drugs as a means of escape:

“Yes there is, self esteem, just because you’re in the industry, you don’t, yes this is probably the last thing that a lot of people will consider doing, okay... As we feel dirty when we have been with a client, some of my colleagues, or ex colleagues that actually went into a depression. Like in the sense of, this is not really for me and, and their way is also to cut it off, doing like abuse in order for you to escape from what you are doing...”

Research has shown that one of the main strategies employed by sex workers to cope with stigma is distancing. One of the distancing techniques used by some sex workers is to avoid referring to what they do directly, referring to it as “working” and never directly mentioning the sexual aspect of their work.[10]

This has also been our experience, with some sex workers preferring to speak of themselves as “working girls” rather than “sex workers”, thereby distancing themselves from the sexual nature of the work they do in the way that they speak about the work.

Most of the women we work with also use a pseudonym as their working name. Taking on a different name when working is another distancing strategy that allows sex workers to separate their identity when working from their private selves. A sex worker interviewed in Campbell’s study explains it in this way:

“My street name is not the name I take home with me. At home I am just an ordinary person like my name is...” [11]

Participants in this research also spoke of keeping their work identity and their home identity separate from each other.

“Ek is nie ‘n hoer nie. Hierbinne doen ek my werk. As ek buitekant toe gaan, is ek ‘n hele ‘different’ tipe mens. Ek vat nie eers ‘n man se nommer buite nie...”

[I am not a ‘whore’. I do my work here inside this place. When I go outside, I am a totally different person. I don’t even take a man’s number outside this place...]

When people are stigmatised for doing something, it is natural for them to attempt to hide the activity or the attribute for which they are being stigmatised and to attempt to pass as “normal”.[12] But hiding is not always effective as a strategy to cope with stigma. Passing for “normal” requires constant alertness to ensure that you don’t expose yourself and so can create additional anxiety and isolation. Although our experience at SWEAT shows that some sex workers are open about the work they do, many hide the nature of their work. Eleven of the seventeen participants in this research spoke about the difficulty of keeping the work they do a secret from family and friends as well as more generally in their everyday interactions. A participant in the study indicated that hiding the work she does is important to protect her children, who are still at school, from stigma.

“No one knows I do this work. First of all, it’s like, when I leave this house, it’s like I’ve got my own life outside.”

“Nobody knows in the community that I am doing this kind of a job...”

“Difficulties in my personal life, is basically the fact that we have to lie about this. And people do start asking questions. It gets a bit tough...”

“No. We don’t actually describe this work to people. You lie.”

“And some people say, what type of work do you do and then you feel a little afraid to say, no, I’m a sex worker and then you just say, I work under (name of an organisation)... Do you understand? And because you don’t want to have people looking down on you...”

Participants also spoke of their constant worry and anxiety that someone they know will find out about the work that they do:

“... hoping that your parents doesn’t find out, friends doesn’t find out, that kind of thing, you know.”

“Other things worrying me, is basically people coming in here that may know me or my family. Probably one of the main things...”

“So you’re always lying and making up excuses... ‘Where you going?’ ‘I’m going to work.’ ...especially with your friends as well, when they wanna drop you off at work. Now you have to let them drop you at the hotel. And then you have to walk, always check, not actually running yet. Hoping no one’s gonna see you.”

This was confirmed by participants in the study who spoke of their fear that a member of their family would drive past while they were standing in the road, working. Those working at agencies said that they worried about their boyfriend walking in at the agency where they work. This constant need for subterfuge can have an isolating effect on sex workers.

One participant indicated that she purposefully doesn’t initiate contact with people in order to avoid having to constantly lie or to deceive them about what she does.

“You don’t allow someone in your life. I cut most of my friends, most of my family. And of course it’s not something ... You can’t explain where you’re going, you can’t make friends when you’re in this business. There’s always lying, deceiving. And I don’t like that, that you can’t. So while you’re in this business you’re actually very cut off from the world and people. You don’t really actually make friends or allow people, as you would if you weren’t in the business. I love making friends, but you just don’t. You actually reflect being a bad friend or, but you’re not really, you just don’t know how to tell them, or you don’t want to tell them, or you think they won’t be able to handle it, so you don’t go there. You just avoid friendships at all costs.”

Participants spoke of the kinds of stresses that the hidden nature of their work also places on their personal relationships. Two participants spoke about difficulties with trust in their personal relationships:

“Yes. I guess because we’ve both been in the industry, and we know the emotional stress that it leaves behind, in the personal relationships, it kind of messes you around. Trusting-wise. That kind of thing.” “You struggle trusting men... As you should. Alsostanding behind the door as well you know... if you understand what I mean. You’re doing something that you don’t actually want other people to know. Therefore they can’t trust you 100% and therefore you won’t trust them 100% because you are deceiving them in the first place.”

Difficulties were also experienced by participants in hiding what they do from their intimate partner although, as one participant says, it is a difficult situation to cope with, whether your partner knows about the work you do or not:

“I think that every girl that works in this industry that has either families that know about it or has a partner, and if the partner knows about it, it makes it even worse. I think it makes it difficult if the partner doesn’t know about it. Because then you sort of, you’ve got to watch what you do, your times, you know the whole story. And I’ve got such empathy for them. I can imagine it’s like not easy at all. And if you have a partner that knows about it, there’s always, always little fights and tiffs and things like that.”

Sometimes hiding the work they do makes it very complicated for sex workers to manage their personal and social lives. For one participant this means planning her social life in order to keep the people in her life who know of the work she does completely separate from those who do not know:

“I don’t have any friends of the past that have stayed in my life that I’ve kept this from... Friends that don’t know are the friends that I’ve met while I’m in the industry. And that gets a bit tricky because then you have to start lying about what you do, your working hours, where you’re working, what do you do, that kind of stuff. So that’s a bit tricky. ... Try not to intermingle the friends because then everybody’s got to be on their toes and nobody really, everybody likes to relax. Say if I go out and have a braai or something I’ll only invite the friends that know, what each other do cause it’s ... more relaxed.”

Managing a life where you hide the work you do is not only stressful, but it also makes it more difficult to use normal sources of social support like family or friends if you have a problem or something that you need to talk about.[13] A participant in this study spoke of not being able to share even day-to-day difficulties with family or friends:

“In sex work even the girls downstairs in the street, some of them don’t have some people to speak to... Because obviously their family doesn’t know what they’re doing, and you can’t actually go and speak to your mother regarding what happened at work, as if you’ve got sort of a normal job... So you can’t go to your mother, oh this happened on the streets today. I’m sure she will chuck you out of your, out of the house.”

• This is an extract from a report by Nicole Fick of the Sex Worker Education and Advocacy Taskforce entitled “Coping with stigma, discrimination and violence: Sex Workers talk about their experiences”. The full report is available on

• Please send comments to [email protected] or comment online at www.pambazuka.org

References

[1] Goffman, 1968; Pheterson, 1998)
[2] Augustin, 2001
[3] Alexander, 1998
[4] Pheterson, 1998
[5] Alexander, 1998: 184
[6] Erikson, Butters, McGillcuddy & Halgren, 2000
[7] Erikson et al, 2000; Pheterson, 1998
[8] Erikson et al, 2000; Vanwesenbeeck, 2001; Benoit & Millar, 2001
[9] Goffman, 1968; Moane, 2003
[10] Campbell, 2000
[11] Campbell, 2000
[12] Goffman, 1968
[13] El Bassel cited in Vanwesenbeeck, 2001

The proposition of a traditional form of justice, Mato Oput, as an alternative to the International Criminal Court (ICC) for the Ugandan peace process, raises many questions. Dieu-Donné WEDI DJAMBA points out that the use of Mato Oput, the withdrawal of ICC warrants of arrest against the LRA leaders, and the granting of a blanket amnesty to the LRA leaders have been raised as the conditions for peace in Uganda, yet are posing a threat to the existence of this and even the ICC, whose philosophy is: “There is no justification for worse crimes.” This article is the first part of a two-part series.

The international community is very interested in the ongoing peace process in Uganda between the Ugandan government and the Lord’s Resistance Army, (LRA), a rebel group active in northern Uganda for the past 19 years.

This process started in July 2006 in Northern Uganda and Juba in Southern Sudan. One of the key countries observing the peace process is the Democratic Republic of Congo (DRC).

Having many events in common with Uganda in the past, there are many factors linking the DRC to the ongoing Ugandan peace process, such as the shared Northeastern border between the DRC and Uganda. The LRA has one of its camps in the Karamba forest in Ituri District, northeast DRC, and many Ituri militia groups who have been involved in many human rights violations and other atrocities are still active there, with links with Uganda.

The end of the civil war in Uganda will be beneficial for the DRC as it will end any justification for the Ugandan government to violate the DRC border under the pretence of fighting the LRA rebellion. In particular, the end of the war will impact positively on the Ituri District, which has been deeply affected by the militia groups connected with Uganda.

The DRC is just emerging from a protracted war involving Angola, Zimbabwe, Namibia, Uganda, Rwanda, Chad, during which over three million people were killed, thousands displaced, thousands still becoming refugees, many atrocities committed, and the HIV/AIDS rate increased. Many issues are outstanding, not least the accountability of the perpetrators and the issue of reparation for the victims of those atrocities.

However, the proposition of a traditional form of justice, Mato Oput [1], as an alternative to the International Criminal Court (ICC) trial, the dropping off of the warrant of arrest against the LRA leaders, the blanket amnesty promised to the LRA leaders by the Ugandan government in exchange for a peace agreement despite the warrant of arrest from the ICC pending upon them, are areas of concern for the DRC. Any outcome on these three issues in Uganda - signatory to the Rome Statute as the DRC - will have implications for the DRC, and the Ituri District.

What impact can the Ugandan peace process have in Ituri (DRC) in the perspective of transitional justice? What other issues does the Ugandan peace process raise? These are the questions I will try to respond to through this paper.

The peace process in Uganda.

The current peace process in Uganda between the Ugandan government and the LRA began in July 2006. The peace talks are taking place in Juba in Southern Sudan and led by Dr Riek Machar, the Vice President of Southern Sudan. [2]

The LRA is a rebel group led by Joseph Kony, that has fought in northern Uganda for the past 19 years. Born in the early 1960’s in Odek, a village East of Gulu, Kony is thought to be the cousin of Alice Lakwena who founded the Holy Spirit Movement in 1986. This group represented the Acholi people in northern Uganda who felt excluded from power after the overthrow of the northern leader Milton Obote by Museveni. Lakwena promised her followers immunity from the bullets of the Ugandan army, but Museveni troops defeated her movement in 1988 and she fled to Kenya. After this defeat, Kony founded his own group which has operated through the abduction of thousands of children to become fighters or sex slaves. Kony himself is thought to have at least 60 wives as he and his senior commanders take the pick of the girls they capture. [3]

According to IRIN [4], nineteen years of the conflict has condemned some two million people in northern Uganda to live in appalling conditions in huge camps within their home districts. Thousands have died during this conflict. The Kony rebel group initially claimed to be fighting to topple a government that has “marginalized” the people of the region but they quickly turned against the same people when support was not forthcoming. [5]

Indeed, Kony appears to believe that his role is to cleanse the Acholi people. He uses biblical references to explain why it is necessary to kill his own people since they - in his view - failed to support his cause. “If the Acholi don’t support us, they must be finished”, he told one abducted person.[6]

Death was not the only one punishment that Kony has afflicted on his people. Mutilation, rape, abduction, slavery and burning of houses were also among the arsenal of weapons he employed against his people. [7]

As a leader, Kony sees himself as a spirit medium and he has created an aura of fear and mysticism around himself, thus his rebels follow strict rules and rituals.[8] His LRA movement demands that Uganda be ruled according to the biblical Ten Commandments. IRIN [9] has observed that over the past 19 years, Kony and his rebel group have not controlled any territory and have rarely tried to control strategic government assets. This made fighting and arresting perpetrators a nightmare for the government until the government petitioned the ICC in The Hague to investigate and indict rebel leaders for their crimes against humanity.[10] The ICC responded and last year issued warrants of arrest for five rebel leaders: Joseph Kony, Vince Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen.[11]

However, since these warrants were issued, peace talks between the LRA and Ugandan government began. A major breakthrough was made when the parties signed a ‘cessation of hostilities agreement’ whereby the LRA agreed to assemble within three weeks at designated points. Rebels in Uganda and Sudan were to go to Owiny-Ki-Bulm in Eastern Equatoria, and rebels in Congo to Ri-Kwangban in Western Equatoria.[12] The rebels would be protected by the Southern Sudanese and the Ugandan government undertook not to attack them. [13]

But the mediators who tried to broker negotiations in the war were not amused as they felt that the justice being sought by the ICC was not the immediate requirement, but a luxury that could be put aside for a while until peace was achieved. [14]

The Ugandan peace process versus the I CC

Very often, when a country wishes to move from war to peace, the search for justice may include trials in an national or international court of law as well as other non-punitive approaches. In recent years there has been a growing demand around the world for transitional mechanisms, such as truth commissions.[15] Juan E. Mendez argues that because accountability problems occur within a broad range of contexts, accountability for past abuses must be considered not only in transitions to democracy, but in seeking solutions to armed conflicts as well. [16]

However, after the ICC issued warrants of arrest against the LRA leaders, some analysts expressed concerns that these warrants effectively ended the peace efforts led by former Uganda minister Betty Bigombe. Once officially charged by the ICC with crimes against humanity, the LRA commanders cannot receive amnesty as part of any political settlement of the conflict. Bigombe herself complained that the court had “rushed too much” as a result of which “there is now no hope of getting (the LRA commanders) to surrender’’. The Roman Catholic Church, which had also helped facilitate the mediation effort, expressed fears too that a political settlement has now been made more difficult. [17]

On the other hand, Juan E. Mendez argues that the ICC warrants of arrest arehelpful for the Ugandan peace process. He told IRIN that, “when you have spoilers like the five people who have been indicted who are really not interested in peace, at some point it is important to remove them from the negotiating table so you can bargain with people who are more interested in peace. This removal, by the fact they are now under indictment, may initially be seen as an obstacle to peace, but farther down the road it may be exactly what is need to get a stable peace in northern Uganda”. [18]

History confirms the validity of Mendez’ argument. The indictment of Charles Taylor [19] was beneficial for the peace process in Liberia, and the death of Dr Jonas Savimbi [20], the ex-UNITA rebel leader, allowed the Angola government to embark on a successful peace process with another UNITA leader.

The road towards peace is sometimes very surprising indeed. A further more complicated proposal is that made by some Ugandans of using ‘Mato Oput’, the traditional form of justice, as an alternative to the ICC processes.

Still others are asking for the ICC warrants of arrest to be withdrawn and there are also those who believe the Ugandan Amnesty Commission (UAC) is good enough to deal with the case.

Thus, the three issues posited as the conditions for peace - the use of Mato Oput, the withdrawal of arrest warrants issued against LRA leaders, and the granting of a blanket amnesty to the LRA leaders, - are becoming a threat to the existence even of the ICC for which the philosophy is: “There is no justification for worse crimes.” [21]

Mato Oput

In reference to the principle of complementarity in the preamble of the ICC, which states that “The International Criminal Court shall be complementary to national criminal court jurisdiction” [22], some observers in Uganda are suggesting that the traditional Mato Oput process of reconciliation be implemented in order to deal with Kony and his commanders. [23]

To confirm this trend, one of the elders in the Internally Displaced People’s (IDPs) camp at Opit, Gulu, in northern Uganda said, “the amount of death in Acholi should not be equated to the pursuing of five LRA commanders’. The elder added that “the Acholi people have a system that is capable of delivering justice in region” [24], referring here to Mato Oput.

Indeed, in Acholi, Mato Oput means drinking the herb of the Oput tree, [25] a blinding-bitter tree [26]. The reconciliation process is called Mato Oput because it ends in a significant ceremony of reconciling the parties in conflict. Barney Afako, a Ugandan Human rights lawyer and consultant to the Amnesty Commission, argues that among the Acholi “many offenses including homicides” were traditionally resolved by reconciliation. [27] If one kills a person, the clan of the killer approaches the clan of victim for reconciliatory justice. [28]

Mato Oput is not a happy ceremony. The moods of all present express the seriousness of the occasion. The process involves the guilty acknowledging responsibility, repenting, asking for forgiveness, paying compensation and being reconciled with the victim’s family through sharing the bitter drink -Mato Oput. [29] The victim’s clan must accept the plea for forgiveness for the reconciliation to be complete. [30]

Mato Oput is to be distinguished from other ceremonies, particularly the nyono tong gweno (stepping of the egg) ceremony which is a cleansing ritual that has been adapted for the reintegration of returnees. The latter is not a reconciliation ceremony that involves any measure of accountability or admission of guilt. [31]

The accountability issue that Mato Oput addresses raises a couple of questions such as will Mato Oput apply to types of crimes such as mutilation, burning of houses, abduction, use of children soldiers and slavery, which are crimes against humanity? These are the crimes for which Kony and his senior commanders are wanted by the ICC. Similarly, will Mato Oput be a suitable alternative mechanism to the ICC? Can LRA leaders can be tried by Mato Oput after the ICC already issued warrants of arrest for them, since there is no provision allowing the ICC to drop this case?

From the above arguments, Mato Oput can be described as conciliatory justice dealing with less serious crimesresponsibility. [32]

The gross violations of human rights, such as abduction, slavery, children, and mass killing are out of its jurisdiction as is confirmed by George Omona from Koc Goma in southwestern Gulu. Omona states that “the Mato Oput did not envisage monstrous crimes against a community, like killing of hundreds of people by Kony rebels”. [33] Therefore, Mato Oput will not be appropriate way to deal with Kony and his senior commanders.

Furthermore, to be suitable as an alternative mechanism to the ICC, Mato Oput has to comply with international law standards. Indeed, Joseph Yav Katshung argues that there is a need to ‘test if this Mato Oput mechanism implies good faith. Is this effort designed to generate more truth, more justice, reparation, and genuine institutional reform? If so, it is welcome. If the objective is to evade the state and society’s legal, ethical and political obligations to their people, it should be rejected. If not, someone could say that the purpose of this Mato Oput mechanism is just to shield certain perpetrators (Kony and others). In this hypothesis, the process will violate international law and will not be in the interest of justice and society as whole.” [34]

Indeed, Alex Boraine argues that the rule of law is fundamental to the existence of a free society. It separates us from anarchy. He adds that legal prosecutions have at least three additional advantages: firstly, prosecutions in most case prevent high-ranking perpetrators from returning to positions of authority; secondly, tribunals and special courts aim to punish those who bear the greatest responsibility for human rights violations and thus assist in breaking the cycle of collective reprisals; thirdly, due process avoids summary justice.[35] Charles Villa Vincencio [36] argues that organized systems of justice based on international standards of human rights include the entrenchment of the right of all persons to a legal defense and access to courts that administer the law in an even-handed and efficient manner - even in the face of the most hideous gross violations of human rights and ruthless manifestations of crime.

However, Mato Oput as a court raises similar concerns to those expressed about the Gacaca community courts established on 30 August 1996 by the Rwandese authority in order to deal with the alleged genocidaires.[37] These concerns relate to expertise and competence. The elders in charge of Mato Oput would be expected to understand complex legal issues without the benefit of legal training or legal arguments, and they would be expected to distinguish between genuine and false testimonies. They would have to deal with the problem of evidence and witness statements despite their lack of expertise in legal matters. They would be expected to hand down heavy sentences, including life imprisonment. In addition Mato Oput would be expected to set a framework for prosecuting and sentencing people suspected of having committed crimes against humanity. If Mato Oput could not provide for fair trials, reparations, appeals, witness and victim protection and for theaccused to be allowed to be represented by defence counsel, this system would not conform to international standards of fairness. [38]

Indeed, the Dakar Declaration adopted in September 1999, following the seminar on the Right to Fair Trial in Africa organized by the Africa Commission on Human and People’s Rights stated clearly that ‘it is recognized that traditional courts are capable of playing a role in the achievement of peaceful societies and exercise authority over a significant proportion of African countries. Traditional courts are not exempted from the provisions of the African Charter relating to fair trial. [39] And Mato Oput is not an exception to this statement.

• Dieu-Donné WEDI DJAMBA is a lawyer (Advocate)at the Lubumbashi Bar association/DRC; Consultant; Assistant lecturer in the College of Law in Lubumbashi/ DRC; Human Rights Activist and Writer. Tel:+243812485222;+27738362921 ; Fax:+18016727206 Email: [email][email protected];[email protected]
• Please send comments to [email protected] or comment online at www.pambazuka.org

References:

[1] Birgit brock-Utne, “Indigenous conflict resolution in Africa”, University of Oslo,,(accessed]http://www,africavenir,org/publicasioal-papers/BrockUtneTradconflictResolution.pdf>,(accessed 31 October2006)
[2] IRIN, “UGANDA-SUDAN:Govt,LRA to star talks on Friday,says Machar”, (accessed 14 September 2006)
[3] BBC News,“Uganda rebel Joseph Kony”,(accessed 7 October2005) RIN, “Uganda:Beginning of the end of northern
[4] IRIN, “Uganda:Beginning of the end of northern conflict”,(accessed 10 September 2006)
[5] IRIN ,“Justice for a lawless world?Reconciliation in a new era of international law”,,(Accessed:19 September 2006)
[6] BBC News.op.cit.
[7] CICC: “SUMMARY” >( accessed 9 September 2006)
[8] BCC New.ibid
[9] BBC news.op.cit
[10] IRIN.op.cit
[11] ICC, “Situation and Cases: Uganda”, 9(accessed 8 September 2006).
[12] BBC News.op.cit.
[13] International Crisis Group; “Peace in northern Uganda?”, Africa Briefing Nº
[14] Naibi/Brussel,13October 2006, BBC News/Africa/Ugandan rebels assemble in sudan.(accessed 11October 2006).
[15] Joseph Yav Katshung,“Justice At A Glance In Uganda:Mato Oput versus ICC”, African Security Analysis Programme,ISS Pretoria .(acessed 15 September 2006 )
[16] Juan E.Mandez, ‘Accountability for Past Abuses’ in HUMAN RIGHTS QUARTERLY,Vol.19(1997),.pp256
[17] Marlise Simmons, “Court in The Hague issues Arrest Warrant for Uganda Rebels”,in the News york Times(accessed 14 october 2006
[18] IRIN.op.cit.
[19] HUMAN RIGHTS NEWS: “West Africa:Taylor adictment avances justice”(accessed]http://hrw.org/english/docs/2003/06/04/liberi6126.htm,>(accessed 20 October 2006)
[20] Infonplease: “Jonas Savimbi”,,accessed]http://www.infoplease.com/ipa/A0901288.html>,accessed 25 October)
[21] News .(accessed 9 September 2006)
[22] Rome Statute.,(accessed,10]http://www.un.org/law/icc/statute/99_corr/preamble.htm>,(accessed,10 September2006)
[23] IRIN, “UGANDA :Security has improved in the north”,(accessed 12 September 2006)
[24] IRIN.op.cit
[25] Birgit Brock-Utne, op.cit
[26] Richar M.Kavuma, “Endangere species:live on the edge”,in The Monitor, (accesed 23 October 2006)
[27] Eric Blumenson, ‘THE CHALLENGE OF A GLOBAL STANDARD OF JUSTICE:Peace,Pluralism,and Punishment at the International Criminal Court”,.(accessed 2 October .2006)
[28] Richar M.Kavuma,op.cit,
[29] Birgit Brock-Utne,op.cit
[30] International Crisis Group.op.cit
[31] Ibid
[32] Minitor,’ ‘op.cit.
[33] Minitor, ‘ib id
[34] Joseph Yav Katshung,op.cit
[35] Alex Boraine, “Definiting Transitional Justice: Tolerance in the search for justice and peace”,in: Alex Boraine and Sue Valentine, transitional Justice and human Security, 2006,pp25-26
[36] Charles Villa-Vicencio , “Restorative justice: dealing with the past differently” in: Charles villa Vicencio&Wilhelm Verwoerd, Looking Back, Reaching Forward: Reflections on the Truth and Reconciliation Commission of South Africa, University of Cape Town Press,2000,pp70-71
[37] S’fiso Ngesi and Charles Villa Vicencio, “Rwanda: Balancing the Weight of History” in : Erik Doxtader and Charles Villa Vicencio ,Through Fire with Water: The Roots of Division and the Potential for Reconciliation in Africa,ABC Press Cape Town ,2003,pp20
[38] S’fiso Ngesi and Charles Villa Vicencion; in :Erik Doxtader and Charles Villa-Vicencio, op.cit.22-22
[39] Ibid.

Prominent African academic and political theorist Professor Ernest Wamba dia Wamba gives his analysis of the recent elections in the Democratic Republic of Congo and takes the political temperature of the mood in DRC today. The text of this interview is shown above in the Comments and Analysis section.

Pambazuka News will be at the World Social Forum in Kenya next January training women in grassroots African movements to make their own audio and video reports. But we need your help with equipment. So if you have cameras, minidisc recorders, microphones or headphones you're not using, and are willing to donate, please let us know. Your old equipment will make it possible for African women's voices to be heard. If you can help, please contact us at

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The prime minister of Chad has announced plans to send troops to its southern neighbour Central African Republic to fight rebels allegedly backed by Sudan. Pascal Yoadimnadji, the prime minister, on Friday (17 November 2006)also called for the "general mobilisation" of Chad's people against what he called "a generalised war imposed by the Sudanese government".

Africa's infant mortality rate of 1,16-million per year placed it on a par with England's figures in the early 20th century, according to a study released on Wednesday (22 November 2006). "Opportunities for Africa's Newborns" said that half of these deaths occurred in Nigeria, the Democratic Republic of Congo, Ethiopia, Tanzania and Uganda. Nigeria alone had over 255 000 newborn deaths a year.

The Open Society Justice Initiative, an operational program of the Open Society Institute (OSI), joins with Central European University (CEU) to announce the Justice Initiative Fellows Program for 2007-2009. The aim of the program is to support and further develop a network of lawyers and activists working on human rights related issues internationally.

In its upcoming presidential statement on the Juba peace talks, the United Nations Security Council should call on Uganda’s government, the rebel Lord’s Resistance Army and the international community to continue to work toward a peace agreement that respects human rights, and includes prosecutions of those responsible for war crimes and crimes against humanity in accordance with international standards, Human Rights Watch said today (16 November 2006).

As Angolans prepare to vote next year in the country’s first elections since 1992, the government’s new press law promises much-needed reforms but still fails to protect freedom of the press adequately, Human Rights Watch said in a report released today (16 November 2006).

On 12 November 2006, Basile Kokwalet and John Kintendu, Kinshasa correspondents and cameramen for Radio France's overseas division, RFO, were attacked by guards of the minister of the interior and security, General Denis Kalume Numbi, as they attempted to interview a local pastor.

As rapidly as news filtered through of their interest in buying out MTN, the cellular phone company, the Chinese telecommunications giant, China Telecom over the weekend denied news reports that it might buy the sub-Saharan Africa's cellphone operator MTN.

The Extraordinary Conference for the African Ministers Council on Science and Technology (AMCOST) will be held on 22-23 November 2006 in Cairo, Egypt, AU said on Friday (17 November 2006). The extra ordinary conference will consider recommendations to be made to the Heads of State and Government Summit in January 2007 in Ethiopia, Addis Ababa.

On 30 July, voters in the Democratic Republic of the Congo went to the polls in the country's first multiparty elections in 45 years. This special page provides you with an insight into one of Africa's largest countries; a place of poverty amid natural riches, haunted by conflicts but filled with life and hope.