Country Case Studies
reconciliation in the rest of Africa. Guilt in most conflicts where mass atrocities
have been committed is attached to whole groups identified by their ethnicity or
race. A penal system anchored on individual guilt and punishment is, by nature,
out of sync with community perceptions of guilt, responsibility and fair outcome.
There is a disconnection between the juridical outcome (e.g. imprisonment) and
social relevance (reparations/healing, etc.).
Most Africans are deeply spiritual, and issues of mass atrocities are processed
by communities within the context of their belief systems. Forgiveness based
on biblical principles or outright amnesty often falls short of the community
expectation that great loss requires reparations as a necessary outflow of
repentance. Memorialization characterized by the construction of statues and
structures does not address memorialization in most African traditions, which
involves bringing the souls of the dead to a place of rest in the homestead through
specific rituals. International prosecutions such as those witnessed in Sierra
Leone and Rwanda have not had the desired impact. They are too expensive and
elitist in nature. They have attracted very little African media attention and little
public participation.
Traditional justice is grounded in how communities seek assistance to
facilitate, account for and resolve conflicts arising from violations or abuses or
in support of healing. They also play important roles related to conflict legacies
that communities feel require redress. Traditional justice also provides support
to community leaders to facilitate, acknowledge and resolve conflicts arising from
violations or abuses or in support of healing processes.
The ultimate goal of traditional justice systems in African communities
is to seek assistance from the community leaders to facilitate, acknowledge
(account for) and resolve (reconcile) conflicts arising from violations or abuses
or in support of healing. The process creates a socio-cultural context that allows
individuals and communities to refrain from violence and re-establish broken
relationships.
Particular procedures of traditional justice practices differ considerably, e.g.
our recent research findings show that from the Acholi, Lango and Teso these
practices do exist, and they include Tolu Koka (Madi), Kayo Cuk (Lango), Ailuc
(Teso), Mato-oput and Gomo Tong (Acholi).
The contextual reality of traditional justice in Uganda
Traditional justice mechanisms from the Acholi, Lango and Teso sub-regions of
greater northern Uganda differ considerably. However, five fundamental principles
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International Conference on Transitional Justice, Zimbabwe
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