Uganda
and Tonu ci Koka and others as practised in the communities affected by the
conflict shall be promoted, with necessary modifications, as a central part of the
framework for accountability and reconciliation.’ The PRDP’s Strategic Objective
4, ‘Peace Building and Reconciliation’, broadly proposes a place for traditional
justice practices, calling for a focus on ‘building informal leadership among men
and women to engage with local authorities and civilians in the reconciliation
process’ through ‘localized conflict management mechanisms’.3
The call for an appraisal of traditional justice may in part relate to the limited
responsiveness of existing national and international formal justice mechanisms
in addressing Uganda’s numerous legacies of conflict, and to the way in which
the broader colonial legacy of Ugandan law alienates much of the country from
the existing justice system.4 Although both Juba and the PRDP acknowledge that
traditional justice practices have a role to play, the nuances of their operation
and applicability remain unclear. Moreover, the ability of these mechanisms to
address injustices committed in the course of decades of violence is increasingly
challenged by the conflict’s own state of flux. These issues are heatedly debated in
the Justice, Law and Order Society, tasked as it is with the responsibility to design
a fitting transitional justice policy for the country. This policy debate is part of a
broader narrative currently being charted in Uganda as the country struggles to
confront a history of conflicts and moves towards national reconciliation. While
the whole enterprise of traditional practices in addressing ‘modern’ injustices
may go unresolved, there is evidence that tradition still enjoys a degree of
local application in areas affected by conflict and that the values and principles
embodied in these practices have a future role to play in national transitional
justice mechanisms.
Jurisprudence of traditional justice mechanism: A new common sense
over an old idea?
There is a growing trend internationally of integrating traditional justice
mechanisms into the mainstream of the administration of justice in transitional
justice processes. Truth-telling exercises, such as the one instituted in South
Africa, cannot address the largely rural communities’ sense of restoration and
Uganda, Peace, Recovery and Development Plan, Article 4.4.1.
This and the following paragraph draws on Conflict, Justice and Reconciliation in Teso:
Obstacles and Opportunities – Briefing Note No. 1 (2008). See <http://www.static.reliefweb.
int/report/uganda/uganda-conflict-justice-and-reconciliation-teso-obstacles-and-opportunitiesbriefing>. Accessed 15 Apr. 2013.
3
4
International Conference on Transitional Justice, Zimbabwe
59
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