Country Case Studies
and reconciliation through a variety of means/mechanisms that include formal
criminal trials, traditional justice, truth-telling, reparations and amnesty. The
policy further seeks to address cross-cutting issues such as the protection of
special groups (women and children) and other vulnerable groups, as well as
witness protection. The challenge in policy development is how to adopt multiple
mechanisms in a mutually reinforcing and complementary fashion so that there
is no conflict or overlap between their mandate, functions and overall goals. The
transitional justice policy in Uganda should aim at breaking the cycle of violence
and promoting sustainable peace.
Legacies of conflict in Uganda
The role that traditional justice practices could play in a transitional justice process
is related to the conflict’s legacies that communities feel require redress. A history
of multiple conflicts and failed peace agreements has left a multiplicity of legacies
that are far from uniform in Uganda and even vary between the Acholi, Lango and
Teso sub-regions in the north. A common trend among these legacies is the trail
of human rights violations that remain unacknowledged in any comprehensive
way. At the core of these legacies lies a complicated and multidimensional set
of mutual resentments, all of which need to be addressed in some way if full
reconciliation is to be achieved. Efforts to address accountability, reconciliation,
reparations and even the legitimacy of the current government have been sorely
wanting. Uganda’s current legal regime emphasizes formal justice mechanisms
derived directly from the British colonial common law model. Given the complex
history of Uganda and its rich and numerous cultural heritages, there is a
compelling need to explore opportunities for a comprehensive legal framework
that addresses and reflects the people of Uganda’s sense of justice. Widespread
perceptions that there is some kind of parity between the abuses committed by
the government and those committed by the LRA have vital implications for any
reconciliation process. Any such process will have to include the victims along
with both LRA and Ugandan government perpetrators.
Policy options at play
Policy debate has emerged since peace talks between the Ugandan government
and LRA began in July 2006. Agenda Item No. 3 and the Annexure propose a
framework for Accountability and Reconciliation that carves out a potentially
vital role for traditional justice practices. Clause 3.1 of the Agenda Item states that
‘traditional justice mechanisms such as Culo Kwor, Mato Oput, Kayo Cuk, Ailuc,
58
International Conference on Transitional Justice, Zimbabwe
Select target paragraph3
Add to table of contents