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 61

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