Uganda
stand out clearly from a previous study titled Tradition in Transition.5 These
were ‘material compensation, reconciliation and forgiveness, truth-telling and
responsibility, cleansing and welcoming, and punishment’ (retributive aspects).
While the relationship between abuses that arose from wars and related conflicts
and those that do not remains unclear, the overall traditional justice principles are
similar in both situations and express the values of each of these groups.
These principles mentioned above found expression in a sequence of practices
that are designed to result in reconciliation between the parties and their clans.
The process normally begins with one of two principles. If the individual who
committed the abuse had been absent from the community for an extended
period of time, it begins with a welcoming or cleansing ceremony. Otherwise, the
first step is to identify the responsible party and learn about the damage caused.
The next step would begin with retributive action, such as caning. Truth-telling
in the form of a dialogue to discuss the events and to ask the offending party
to accept responsibility would follow. This dialogue would help establish the
reparations due to the victim. Finally, an act which expressed reconciliation and
forgiveness would take place. These principles are based on collective community
responsibility and find relevant benchmark space with international standards.
The traditional justice landscape in Uganda
Traditional justice practices posit on the individual and society conscious engage
ment in processes through which the victims may come to terms with, emotionally
respond to, and actively remember and discuss the events of the past.
Traditional justice practices have specific features that include, among others:
• Reconciliation and restoring social harmony.
• Crime as a community problem, not an individual’s sole responsibility.
• Voluntary processes.
• Selected traditional arbitrators based on status and lineage.
• A high degree of public participation.
• Discussions confirmed through rituals aimed at reintegration.
• Flexible procedural and evidence rules as set by custom.
• Restorative penalties.
• Penal enforcement secured through social pressure.
5
Tradition in Transition: Drawing on The Old to Develop a New Jurisprudence for Dealing
with Uganda’s Legacy of Violence (Kampala: Makerere University, Faculty of Law, Beyond Juba
Project Working Paper No.1 Revised Edition, May 2009), <http://www.beyondjuba.org/BJP1/
working_papers/BJP.WP1.pdf>, accessed 15 Apr. 2013.
International Conference on Transitional Justice, Zimbabwe
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