tradition in transition revised edition may 2010

8/6/2019 Tradition in Transition Revised Edition May 2010

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Working Paper No. 1

Revised Edition May 2010

Building Consensus onSustainable Peace in Uganda

Beyond Juba

Drawing on The Old to Develop a New Jurisprudence

for Dealing with Ugandas Legacy of Violence


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Beyond Juba i

w w w . b e y o n d j u b a . o r g

Acronyms

ADF Allied Democrac Forces

DRC Democrac Republic of Congo

NRM Naonal Resistance Movement

NRA Naonal Resistance Army

LRA Lords Resistance Army

LRM Lords Resistance Movement

ICG Internaonal Crisis Group

FEDEMO Federal Democrac Movement

UNLA Uganda Naonal Liberaon Front

UPDM Uganda Peoples Democrac Movement

UPDA Uganda Peoples Democrac ArmyUPDF Uganda Peoples Defence Force

ICC Internaonal Criminal Court

PRDP Peace Recovery and Development Plan for Northern Uganda

GoU Government of Uganda

UNOCHA United Naons Oce for the Coordinaon of Humanitarian Aairs


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Contents

Acronyms ........................................................................................................................ ...........i

Execuve Summary ..................................................................................................................iii

Key Findings ...............................................................................................................................v

Key recommendaons ..............................................................................................................vi

To the government: ..................................................................................................................vi

General recommendaons ......................................................................................................vii

1.0 Introducon ........................................................................................................................ 1

1.1 Methodology ...................................................................................................................... 3

1.2 Background: The Legacy of Conicts .................................................................................. 3

1. 3 Policy Context .................................................................................................................... 7

2. A Jurisprudence of Tradional Jusce ................................................................................. 8

2.1 Cleansing, Cooling and Welcoming .................................................................................... 9

2.2 Punishment and Retribuve Aspects of Tradional Jusce .............................................. 11

2.3 Truth-Telling, Dialogue and Responsibility ....................................................................... 13

2.4 Material Compensaon as Reparaons ........................................................................... 15

2.5 Reconciliaon and Forgiveness ........................................................................................ 19

3.0 Tradional Jusce Today ................................................................................................... 22

3.1 The Contemporary Role and Status of Tradional Leaders .............................................. 22

3.2 The Relaonship between Religion and Tradion ............................................................ 24

3.3 The Role and Treatment of Women and Children in the Pracces ................................... 25

3.4. The Relaonship of Tradional Jusce to Formal Jusce Structures ............................... 26

3.5 The Relevance of Tradional Pracces to Abuses Commied as part of Mass Conicts...28

4. Codicaon of Tradional Jusce: A Three Track Approach ............................................. 30

Conclusion .............................................................................................................................. 34

Bibliography............................................................................................................................ 35


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Beyond Juba iii


Execuve Summary

This paper explores the potenal role of tradional jusce pracces from across several communies in

northern Uganda in a naonal transional jusce process. To understand its importance to this process

requires an acknowledgment of the unique and unusual transion in which Uganda nds itself. This

paper aims to complement Ugandas Jusce Law and Order Sectors (JLOS) on-going transional jusce

iniaves and in parcular aempts to demonstrate how local tradional jusce perspecves may beinjected into the on-going debate on naonal transional jusce mechanisms. The paper examines the

mulple legacies le by the interlocking conicts that have plagued the Acholi, Lango and Teso regions

since independence, and makes recommendaons about how to include principles of tradional jusce

into established law.

In Teso, the Uganda Peoples Army (UPA) rebellion, Karimojong cale raids, and the LRA conict le a legacy

of resentment toward the Naonal Resistance Movement (NRM) government, the Karimojong and the

Acholi people. The longest running episodes of violence remain with the Karimojong, who consistently

conduct cale raids in the region. The UPA rebellion from 1986 to 1992, and the LRA incursion which

occurred in 2003, also caused devastaon in the region. The legacies of conict were slightly dierent inLango than they were in Teso. There was less overt bierness toward the NRM government; however,

there was a striking resentment toward Idi Amin and the damage his regime inicted. In addion, there

was a lingering bierness toward the Acholi as a result of the LRA conict. In the Acholi region, the legacy

of conict pertained almost exclusively to the conict between the NRM government and the LRA, with

feelings of resentment divided evenly between the NRM government and the LRA. The overlapping and

interrelated nature of this mulplicity of conicts and their legacies indicated a need to ulise jusce

pracces that could be relevant and resonate with a wide range of communies to address conicts both

within and between them.

From the research, there is evidence that tradional pracces connue to enjoy a degree of grass-roots

support and correspond to local noons of jusce. However, it remains unclear to what extent these

pracces could address abuses perpetrated in the course of conict, how (if at all) they could be adapted

for contemporary applicaon, whether or not formal codicaon of tradional principles into naonal

law is desirable, and to what extent such pracces must be allowed to remain exible. Ulmately, the

eecve integraon of tradional jusce principles could make an important contribuon to what

Agenda Item 3 of the Juba Peace Agreement suggests should be the widest naonal ownership of the

accountability and reconciliaon process.

This policy debate is part of a broader narrave currently underway in Uganda as the country struggles to

confront its history of conicts and moves towards a shared naonal identy. While the role that tradional

jusce pracces will play in the transional jusce process and in potenally broader legal reforms hasbeen widely researched and discussed within both academic and policy circles, the paper nds that there

is no consensus regarding its relevance. Applying tradional pracces from dierent regions aected by

war, as well as, harmonising their relaons with one another remains far from complete.

The specic nature of the tradional jusce pracces from the Acholi, Lango and Teso regions varied a

great deal. Yet, drawing on accounts of past and present use of the pracces, as well as, descripons

from all three of the dierent regions, this research suggested ve fundamental principles or elements at

the centre of such pracces in the three regions. The ve elements were 1) cleansing and welcoming, 2)

punishment, 3) truth-telling and responsibility, 4) reparaons (which includes material compensaon),

and 5) reconciliaon and forgiveness. Tradional jusce also had retribuve aspects that have not beenfocused on by previous research. The ve common elements were expressed in a variety of pracces

intended to address dierent abuses ranging from intenonal killings, to adultery, and prolonged absence


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Key Findings

The ndings from this study suggest that tradional jusce pracces have both naonal and local

relevance, and could contribute immensely toward addressing both the legacies of the major conicts in

the region and day-to-day social infracons. Tradional jusce pracces, though pracced with variable

frequency, are widely respected in principle, and their value highlighted the shortcomings of the formal

jusce process in its ability to deliver in an accessible fashion. From the research, there was both adesire for increased applicaon of the pracces at a local level, and an implicit desire for the principles

of this system to be reected in naonal transional jusce and potenal reforms in Ugandas basic

legal structures. While a local accountability and reconciliaon mechanism on its own would struggle

to address the abuses commied by the Ugandan government forces during the conicts in Acholi,

Lango and Teso, naonal mechanisms which have no local roots are unlikely to be suciently accessible

or responsive to the needs of the aected communies. This therefore suggests that a mul-ered

approach to transional jusce with naonal, regional and local mechanisms will be necessary if the

legacy of conicts in the three regions is to be appropriately addressed and indeed if the naonal legal

system were to reect communal values. The queson then becomes how the ve principles idened

by this research could be integrated into a naonal transional jusce process


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Key recommendaons

To the government:

The implementaon of post-conict transional jusce, as well as, return to civilian administraon is

conngent on an end to conict. On 14 December 2008, the allied forces of the UPDF, the Democrac

Republic of the Congo (DRC) and Government of Southern Sudan (GoSS), launched a military campaigncodenamed, Operaon Lightning Thunder, against the LRA. The failure of that operaon to achieve its

stated military objecve and its sudden withdrawal on the 15th March, 2009 should be a clear signal that

a negoated selement oers the best hope to ending the conict in northern Uganda.

Given the widespread scepcism of the Ugandan Government throughout the three regions coupled

with the value that many respondents placed on the hands-on nature of tradional jusce indicated that

it should have a prominent place in the naonal transional jusce process. Indeed following the GoU

commitment and readiness to implement elements of the Juba Peace agreements relang to it, polical

leadersin parcular those in parliament and the presidency need to lend support and give backing to a

comprehensive transional jusce process by ensuring that JLOS, has the necessary nancial and human

resources to not only design a naonal transional jusce policy but to also implement such a policy in

earnest and without undue interference. Current naonal jusce structures appeared unresponsive to

local needs and values, and the void le by shortcomings of these structures were being lled by locally

pracced tradional mechanisms. From the research, therefore, both rural communies and members

of the formal jusce process voiced scepcism regarding the degree to which jusce was accessible,

voicing frustraon with corrupon in the system, confusion regarding the process and the legal expenses

required to navigate the court system, overall leaving percepons of a juvenile legal system. Access to

jusce should be enhanced by increasing funding for legal reform.

Of parcular relevance to conict aected areas, the level of inter-ethnic tensions which lingered just

below the surface of seemingly placid relaons indicates that further dialogue and interacon is vital forachieving a lasng peace in the region. Meengs between Lango and Acholi cultural leaders have already

had some success in migang such tension but further eorts are required. In designing a transional

jusce process, deliberate eort should focus on community-to-community dialogues, clearly delineang

and taking into account the cultural jurisdiconal issues that exist between the dierent communies

aected by conict.

The issue of how women and youths are involved (or not) in tradional jusce poses one of the greatest

challenges to any contemporary use of the pracces themselves as part of a broader transional

jusce strategy. In parcular, womens roles in the administraon of tradional jusce processes are

minimal, and while changing, such changes have been slow. Predominantly, women were not allowed toadminister the pracces, though there were some excepons regarding welcoming pracces which could

be conducted by women. To this end, tradional instuons need to be adapted by removing repugnant

elements and allowing for a much more inclusive process.

From the research, most respondents strongly supported reparaons, parcularly material compensaon

for vicms of abuses. Views regarding who should be responsible for paying compensaon varied

among respondents, who aributed responsibility to both LRA and the government. A comprehensive

reparaons policy was seen as providing closure and clearly understood to be dierent from general post

conict reconstrucon arrangements such as the PRDP. While post-conict reconstrucon was seen as

necessary, it was also perceived to be an indicator of governmental failure in its obligaon to protect andtherefore reecve of ordinary governmental dues.


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General Recommendaons

Given the colossal nature of the above undertaking, there is no doubt that the GoUs meagre resources

will be inadequate to pay reparaons. It is therefore recommended that bilateral and mullateral donor

agencies scale up their assistance to the government ring-fencing resources for a naonal transional

jusce process.


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1.0 Introducon

To date, all Ugandas aempts at a transional jusce process have been iniated by the regimes in

power and have not been accompanied by a polical transformaon or by wide-ranging systemic reforms

in governance. The rst aempt, in 1974, took the form of a commission charged with invesgang

disappearances throughout the country.1 This eort focused on the Idi Amin regime, itself notorious for

human rights abuses. The second signicant aempt began in 1987, when the new regime put in place

another commission to invesgate human rights violaons commied in the country since independence.2

While this laer process has since been dubbed as an example of victors jusce (Hayner, 2002), it is

signicant since the commission recommended amnesty for acts of genocide and rape. This was certainly

progressive for the me, and ancipated more recent addions to internaonal jurisprudence.

The Juba peace talks between the Government of Uganda and the LRA, which began in 2006, and by late

2008 resulted in the signing of a number of agreements including an agreement entled Agenda Item 2

on Comprehensive Soluons3 to the Conict and Agenda Item 3 on Accountability and Reconciliaon (and

its Annexure). These set out a broad framework for a transional jusce policy.4 While the full import of

Juba needs claricaon, parcularly with respect to the relaonship between tradional jusce pracces

and formal criminal law, it is indicave of strong commitment by the signatories to a comprehensivetransional jusce process. Juba, in eect, started the transional jusce discussion in the country.

The transional jusce processes now under discussion in Uganda have the potenal to signicantly alter

the countrys polical framework with respect to transparency, jusce for vicms, and an understanding

this governments role in the current northern conict and that of previous governments since

independence. There has been no regime change since 1986, yet the country is at mes described as

being in an as yet incomplete transion from a one-party state to a mul-party democracy. This in itself

has numerous ramicaons for the stability of the country.5 Added to this is a precedent-seng amnesty

for all armed groups who renounce rebellion, including perpetrators of internaonal crimes. Some would

argue that a transion of sorts is underway, in terms of eorts and policies aimed at ending the conict inthe north and shiing relaons between the Museveni administraon and rebel forces, parcularly the

Lords Resistance Army (LRA), and the severely marginalised communies of northern Uganda from where

the majority of its members are drawn. Yet, a complete transion process could not be implemented yet

since the conict in the northern part of the country is connuing.6 This already precarious situaon

is further complicated by the Internaonal Criminal Courts involvement in northern Uganda, which in

turn has sparked a heightened debate regarding the appropriate sequencing of peace and jusce, and

renewed interest in domesc soluons to naonal problems, including the use of tradional jusce

processes in addressing human rights abuses.

1 See Commission of Inquiry into the Disappearances of Persons in Uganda Since 25th January, 1971 (operated from 1st July 1974 to

2nd January 1975) under the Chairmanship of Mr. Justice Mohammed Saeid. For additional information, refer also to Estates of Miss-

ing Persons (Management) Decree, 1973 (Decree NO.20 of 1973)

2 Refer to Legal Notice No. 5 of 1986 made under the Commission of Inquiry Act, Cap 56 of the Laws of Uganda, establishing a Com-mission of Inquiry into Violations of Human Rights in Uganda from the time of Independence on the 9 th of October 1962 to the time

of takeover by the National Resistance Movement (NRM) Government on 26th January 1986. The full report of the commission can

be accessed at www.beyondjuba.org

3 Refer to Agreement on Comprehensive Solutions Between the Government of the Republic of Uganda and Lords Resistance Army/

Movement, Juba May 2,2007

4 Refer to the Agreement on Accountability and Reconciliation between the Government of the Republic of Uganda and the Lords

Resistance Army/Movement, Juba, 2007.

5 For a detailed discussion of the nature of Ugandas transition please see Okello, Moses C. Amnesty, Conict and International Law:

the Compatibility of Ugandas Amnesty Law with International Standards for the Protection of International Rights, MA Disserta-

tion, American University, Cairo, 2004.6 While many Ugandans continue to mistakenly conceptualise the north as being the only part of the country in need of transitionaljustice, and there is a corresponding inability to recognize the many different conicts that have plagued the country since independ-

ence, and that have remained unacknowledged to date, the mechanisms currently being contemplated by the Government are national

in scope.


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The government has charged its Jusce Law and Order Sector (JLOS) with designing a ng transional

jusce policy for the country. In line with that, a JLOS forum organised in mid 2008 raised several

quesons regarding the types of transional jusce pracces that need claricaon, relaons between

formal and informal accountability mechanisms, and whether or not the laer should undergo integraon

into naonal jusce structures or be implemented at a local level.7 Indeed, JLOS has demonstrated its

commitment to this imperave by coordinang the eorts to establishing a War Crimes Court to try

persons alleged to have commied internaonal crimes in the course of the conict. In the most recentnaonal budget, the government has commied at least UGX 10.7 billion (approximately, US $5,000,000)

for the recruitment of judges and facilitang other related logiscal issues,8 yet the process of adapng

and integrang the proposed transional jusce mechanisms remains daunng.

Unfortunately the burgeoning transional jusce process suered a signicant setback in April 2008 when

the LRA leader, Joseph Kony, failed to sign a nal peace agreement and retreated with his forces deep

into the Democrac Republic of Congo (DRC), thereby shiing the polical dynamics of the conict. What

followed was a transnaonal military adventure by the governments of Uganda, DRC and Sudan. This was

with support from the American military, and aimed at eradicang the LRA force within the DRC.9 To date,

their combined eorts have failed to eliminate Joseph Kony and the LRA, contribung, in the minds of allUgandans, to an uncertain humanitarian situaon, including further massive aacks against civilians in

the Congo and elsewhere in the region.10 This concern is parcularly felt by Ugandan Internally Displaced

Persons (IDPs) who recall prior lulls in the ghng that were followed by brutal aacks. Irrespecve of

these setbacks, the need for a comprehensive transional jusce process in Uganda connues. Among

other things, this process should acknowledge the cyclical nature of conict in Uganda--parcularly the

north-south11 divide--as a factor in the most recent round of polical violence, a concern reected in

Agenda Item Number 2.

From a policy perspecve, the complexies of Ugandas present situaon, while fraught with uncertaines,

also present excing opportunies for breaking new ground in current understandings of transional

jusce and its role in addressing complex conicts, parcularly within Africa. The meaning of transion,

itself is part of an evolving debate within the eld of transional jusce and what Uganda does with

respect to tradional pracces and its emphasis on retribuve and restorave pracces could inform

transional jusce pracces elsewhere in Africa.

This paper aims to complement JLOS on-going transional jusce work. It considers how local tradional

jusce perspecves may be injected into the on-going debate on naonal transional jusce mechanisms.

Specically, it examines the mulple legacies le by the interlocking conicts that have plagued the

Acholi, Lango and Teso sub-regions since independence, and makes some recommendaons for including

principles of tradional jusce into the countrys formal law system.

There is evidence that tradional pracces connue to enjoy a degree of grassroots support and correspond

to local noons of jusce. However, it remains unclear to what extent these pracces could address

abuses perpetrated in the course of conict; how (if at all) they could be adapted for contemporary

applicaon; whether or not formal codicaon of tradional principles into naonal law is desirable, and

to what extent such pracces must be allowed to remain exible. Ulmately, the eecve integraon

of tradional jusce principles could make an important contribuon to the Juba Peace Agreement;

7 Minutes of the Third National Justice Law and Order Sector Forum held July 30-31, 2008 (on le with the Beyond Juba Project)

8 Republic of Uganda, Enhancing Strategic Interventions to improve Business Climate and Revitalize Production to achieve Prosperity

for All, The Budget Speech, Financial Year 2009/2010. Delivered at the Meeting of the Fourth Session of the 8th Parliament of Uganda,

11 June, 2009 by Hon. Syda N. M., Bbumba (MP), Minister of Finance, Planning and Economic Development.

9 This effort was backed by the US government which sent 17 military advisors to assist the UPDF in its planning efforts and furthersubsidized the operation with one million dollars worth of fuel and satellite phones.10 Ibid

11 Socioeconomic divisions between the north and south contribute to the perpetuation of violence in Uganda, further engendering fears

of domination by one or more regions and ethnic groups, and putting up barriers to national unity and reconciliation.


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Clause 2.4 of Agenda Item 3 suggests that the, widest naonal ownership of the accountability and

reconciliaon process.12

This policy debate is part of a broader narrave currently underway as the country struggles to confront

its history of conicts and moves towards a shared naonal identy. While the role that tradional

jusce pracces will play in the transional jusce process and in potenally broader legal reforms has

been widely researched and discussed within both academic and policy circles,13

there is no consensuson how it should look and work in Uganda. The debate about how to operaonalise tradional pracces

from dierent regions aected by war, as well as, how to integrate their relaons with one another

will be one of the major challenges in making tradional jusce relevant to the transional period. An

equally important discussion will surround how what is done in the transional phase will compliment

and hopefully beer compliment the formal jusce system.

This paper is divided into four secons. The rst is the introducon. The second secon idenes ve

fundamental principles underlying the tradional jusce pracces across the three sub-regions, as well

as, highlighng some variaon in their regional interpretaon. A third secon discusses the status and

relevance of tradional jusce pracces today including the role of tradional clan leaders and therelaonship between formal jusce and tradional jusce. A fourth secon highlights some issues that

emerge within current pracce, including the role of women and youth in the various processes. Finally,

the paper considers how tradional jusce could be operaonalised for the purposes of a naonal

transional jusce process and what challenges are likely to emerge in the course of such an exercise.

1.1 Methodology

The paper is based on research conducted between February 3rd-18 th 2008 in the Acholi and Lango

regions, August 10th-28th in the Teso region, September 10th-27th in the Acholi region, and November 20th-

29th in the Lango region. A workshop outlining the progress of the research was conducted on 10th July

2009 in Kampala. Researchers used qualitave techniques, employing interview maps as a tool to guide

conversaons with respondents. A total of 171 interviews and 34 focus group discussions were recorded

throughout the districts of Amuria, Katakwi, Kumi, Pallisa and Soro in the Teso sub-region, the districts

of Gulu, Amuru, Pader and Kitgum in the Acholi sub-region, and in Lira district in the Lango sub-region.

Interviews of key people were conducted with cultural leaders, community elders, government ocials

(local councillors, members of the Jusce Law and Order Sector, regional and district police ocers, and

district magistrates), as well as, public defenders, humanitarian and other workers from various NGOs.

Focus group discussions were also held with other cizens found in villages, towns and IDP camps.

The paper also incorporates key comments made during a presentaon of its major ndings at the

Imperial Royale Hotel on July 10, 2009. One important limitaon to the paper which was pointed out at

that event was that, while it seeks to address the importance of tradion in transion for the country as

a whole, it is only able to draw on case studies from the northern areas of the country, and would benetby being enriched with further case studies.

1.2 Background: The Legacy of Conicts

Crical to any understanding of the role that tradional jusce pracces might play in a transional jusce

process is a comprehension of the conicts legacies that communies feel requires redress. Uganda as

a whole, and parcularly the north, lived through a cyclical history of conicts related to naonal regime

changes and local rebel movements arising in response. The roots of Ugandas conicts lie, in part, within

ethnic cleavages aggravated by the Brish colonial regime, which intenonally set dierent ethnic groups

against each other and supercially divided the country into a North and a South. As a result, the

people of Uganda have, in the post-colonial era, experienced a variety of conicts stemming partly fromthe consequences of colonisaon and state formaon, as well as, histories arising from ethnic tensions.

12 Juba Peace Agreement, Agenda Item 3 (2007): Agreement on Accountability and Reconciliation, clause 2.4.

13 Ibid


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These conicts included tensions around the Bunyoro lost counes, the constuonal crises of 1965-

66, the war in Toro/Kasese, the war in Teso district under the Uganda Peoples Army (UPA), the war in

the west of the country organised by the Allied Defence Forces (ADF) straddling the border into eastern

Democrac Republic of Congo, and the war in the Luwero Triangle.

The northern Ugandan conict, lasng now for over 22 years, remains the longest insurgency on the

African connent, one which various peace processes aempted with lile success to resolve. It

has increasingly come to be seen as not only a local concern but a naonal and internaonal one that

aected the countries of southern Sudan, eastern DRC, and the Central African Republic (CAR). The

latest peace process the talks held in Juba from July 2006 onwards saw itself mired in controversy

as the LRA demanded that the Internaonal Criminal Court (ICC) li indictments issued against their top

commanders as a precondion for signing the Final Peace Agreement. Although some believe the ICC

indictments were only an excuse to disavow the peace process, the ICCs indictments raise fundamental

quesons on maers relang to the achievement of jusce in Uganda today, and centre current debates

on the northern conict around whether the Final Peace Agreement needs signing, and how, if at all, the

new wave of military acons will resolve the conict.

This history of conicts and failed peace agreements has le a mulplicity of legacies that are far fromuniform in Uganda, and even vary between the Acholi, Lango, and Teso sub-regions in the North. What

they all have in common, however, is a trail of human rights violaons that remain unacknowledged in

any comprehensive way. At the core of these legacies lies a complicated and muldimensional set of

resentments, all of which need some redress if full reconciliaon is to be achieved.

In Teso, the Uganda Peoples Army (UPA) rebellion, Karimojong cale raids, and the LRA conict le a

legacy of resentment towards the Museveni government, the Karimojong, and the Acholi people. The

longest running episodes of violence remain with the Karimojong, who consistently conduct cale raids

in the region. But the rebellion of UPA (1986 to 1992) and the LRA incursion in 2003 have also contributed

to the devastaon in the region.

Aer the fall of Idi Amin in 1979, a group of Karimojong raided the arms store of Moroto Barracks.

This event is widely seen as a key marker in the transion from the use of tradional weaponry to the

current predominance of small arms and a corresponding aggravaon in levels and types of violence,

which in turn prompted numerous military intervenons in the name of disarmament. This militarizaon

resulted in intractable violence and internal displacement within both Karamoja and Teso, accompanied

by a loss of property, psycho-social insecurity, and an ongoing humanitarian crisis. The Karimojong issue

was not only long standing but also highly relevant in the region. To ignore the need for reconciliaon

between the Karamojong and neighbouring Teso communies would disregard one of the most pressing

challenges to peace in the region.

In addion to armed cale raids by the Karimojong, the UPA rebellion against the then new NRA government

(a response to perceived or real marginalisaon of the region) also had detrimental consequences for the

Teso people. The rebellion was rooted in both a fear of retribuon for the role that many from the Teso

region played in ghng against Museveni in Luwero, and a belief that the new Museveni government

was not suciently protecng the region from the Karimojong.14 As one respondent recounted, the

conict resulted in, a law and order breakdown with criminal elements leaders of the rebellion stole

and took peoples cale to feed the combatants.15 This, along with abuses and perhaps even addional

cale the by the Museveni government forces, contributed to the depleon of the regions resources.16

The LRA incursion into Teso and Karamoja, which began in June of 2003, was only the most recent conict

to a long history of violence.

The prolonged insecurity has le a complicated legacy in Teso, involving a trail of human rights violaons,which remain unacknowledged in any comprehensive fashion. Rather than develop a policy to deal with14 Interview with Church Leader Soroti 17/08/08

15 Interview with an Elder Pallisa.

16 Interview with an Elder Pallisa Town 14/08/08


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Beyond Juba 5


this legacy and the associated governance decits, the Ugandan government brought an end to the overt

violence by negoang with and co-opng key members of the UPA in 1992. The negave peace that was

achieved le no place for the voices of vicms, and no proper process of accountability, reconciliaon,

and reparaons with which to achieve closure. Parts of the populaon therefore remain deeply bier

over the abuses they suered during the UPA rebellion, and peace in Teso is correspondingly more fragile

than is generally acknowledged. Indicators of this fragility include the reluctance of some secons of the

populaon to cooperate with the on-going disarmament process,17

the incomplete demobilisaon andreintegraon of the UPA combatants, and the swiness with which the Arrow Boys milia was mobilised

in response to the LRA incursion in 2003. Furthermore, the LRA incursion has le residual tensions

between Teso and Acholi. The Acholi people in Teso were oen idened with the LRA, and responsibility

for the LRA incursion is frequently projected onto the Acholi as a whole. Because the Karimojong conict

is sll ongoing, Teso communies on the border live in a state of constant insecurity. 18

The legacies of conict were slightly dierent in Lango than they were in Teso. There was less overt

bierness toward the Museveni government; however, there was a striking resentment toward Amin

and the damage his regime inicted on the region. One respondent from the Lango region arculated

this senment in his descripon of the Amin period, explaining that under Amin, things changed.Corrupon got stronger, Amins soldiers would stop to arrest you, then say you can get o if you pay

them. No commodies like salt were available under Amins me.19 The respondent later referenced

Amin specically when describing problems such as sexual oences, recounng that even during [his]

me, [he] hadnt heard of much adultery taking place, but it increased during Amins me, and that he

used to receive cases of domesc violence [at the hospital] because the Army was everywhere. 20 Yet

again, the same respondent who had worked in a hospital explained there were Bangladeshis selling

drugs from the hospital, and when I complained, I was targeted for arrest, but managed to escape.21

Such negave accounts of the period of Amins rule were common among respondents who had lived

through that me, and several individuals recounted stories in which they evaded arrest by self exile

during the period.22 Thus, the narraves from the region tend to pin greater responsibility for trouble in

the region on Amins rule than on the current Museveni government.

In addion, there was a lingering bierness in Lango toward the Acholi as a result of the LRA conict. While

many respondents believed that the two tribes now lived like brothers, others admied a resentment

that persisted below the surface.23 In the course of the research, disagreements were common; focus

group discussions and exchanges at mes became heated over the queson of whether or not tensions

persisted. One respondent put it simply, explaining that Langi might feel that against Acholi because

Kony was Acholi.24 Another respondent shared his belief that the conict brought a lot of tension

between Langi and Acholi. The war was started by Acholi, but I am ready to forgive, but only if the elders

come and apologise.25 Reecng on the previous talks between the Lango and Acholi cultural leaders,

he explained that more dialogue with a greater degree of transparency was needed because while theinstuons have met... we have never goen any clear feedback. They didnt even consult us or our

clan leaders and they should have.26 Another respondent from a rural trading centre and former IDP

camp argued that the Acholi should be held accountable because Kony is their son.27 Whether fair or

17 Joseph Malinga, UPDF recovers 57 guns in Teso The Daily Monitor, 26 November 2008. pg 7. This article quotes an army spokesman

saying that some residents are adamant in refusing to respond to the disarmament process.

18 The previous two paragraphs draw on Brieng Note No. 1 (2008): Conict, Justice and Reconciliation in Teso: Obstacles and Op-portunities.

19 Interview with an Elde Lira 09/11/08

20 Interview with an Elder Lira Town 09/11/08



23 Focus Group Discussion with 7 women, Aleb-Tong Parish Lira 11/11/0824 Interview with woman Lira Town 09/11/0825 Focus Group Discussion with 7 women Aleb-Tong Parish, Lira 12/11/08

26 Focus Group Discussion with 4 women Aleb-Tong Parish Lira 1211/08

27 Focus Group Discussion with 15 people, Ogur Sub-County, Dokolo 13/11/08


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Beyond Juba6


jused, the belief that the Acholi people were somewhat responsible for the acons of Kony speaks to a

sense of collecve responsibility with deep roots in the regions cultures and tradional jusce systems.

One shop owner from Lira town described a period during the conict when Acholis who resided in Lira

town were forced to go into hiding to avoid mob jusce, as Lango residents vowed to kill any Acholis they

found in town.28 It is important to note that these tensions were the result of events beyond the LRA

incursion into the region. The scale of the tension that lay just below the surface of supposed peace, and

the long running roots of this tension, both indicate that reconciling the two ethnic groups will require aprocess that is more than supercial.

In the Acholi region, the legacy of conict pertained almost exclusively to the conict between the

Museveni government and the LRA, with both pares provoking similar levels of resentment. A common

refrain was that the UPDF forces had commied as many abuses as the LRA. One young man from an

IDP camp believed that the government [had] killed a lot of people. They have raped so many ladies,

removed peoples property. Out of people that died in this war, half were killed by government, half by

LRA. Burning homes, loong peoples properes, this was done mostly by the government.29 Another

respondent described her feelings regarding the parity of wrong-doing.

I dont see why I should forgive Kony, when I am a vicm on both sides. My brother and

his son were both killed, my brother by the LRA and his son was taken and burnt by the

UPDF. My own sisters son was taken. The sister and husband followed the following day.

They were digging a pit latrine. He heard their voices and they went to talk to him and

they were chased and they were going to be killed. That boy dug his own grave and they

were killed and buried there... So who should I forgive and who should I not forgive?30

In addion there is a sense that the original intenons of the rebel movement had been rightly founded

on a percepon of marginalisaon of the region by the Museveni government. Moreover, abuses by the

new NRM government against suspected rebel forces in Acholiland contributed to the growing support

for rebel movements. As Sverker Finnstrm noted, soon aer the Museveni and NRM/A takeover,

killings, rape and other forms of physical abuse aimed at non-combatants became the order of the day in

Acholiland, which was foreign territory to the NRM/A soldiers.31 In addion, cale loongs were rampant,

and Finnstrm explains that while others did not explicitly support the uprising... [they] claimed that

they saw no other way of surviving than to join the insurgency groups in one way or another.32 As one

young man put it, partly the Government and partly the rebels are responsible for the war... why would

they go to the bush if the Government wasnt doing bad things? The LRA are partly to blame, but partly

they were defending the people of the North.33 One respondent went so far as to explain the LRAs

acons as an imitaon of Museveni himself. He explained that Kony was trying to imitate power like

Museveni, just jumps into the bush to get the State House.34 Kony was also viewed as highly responsible,

parcularly because his acons were not sanconed by the elders.35 The sanconing of the insurgency,however, remains contested in some quarters. This was also important because it indicated that elders

could not bring an end to the conict by calling the LRA out of the bush. As a result of these percepons

both the Museveni Government and the LRA were seen as equally responsible for the conict and the

devastaon which it produced. This noon of parity between the abuses commied by the government

and those commied by the LRA has vital implicaons for any reconciliaon process which would have

to include the vicms along with both LRA and Ugandan government perpetrators.

28 Focus Group Discussion with 6 men in Lira Town 15/11/08.

29 Interview with an Elder Koch-Ongako Sub-County, Gulu 18/09/08

30 Interview with an opinion leader, Gulu Town 17/09/08

31 Finnstrm, Sverker 2006, wars of the past and War in the present: The Lorsd Resistance Army/Movement,(Africa Journal of the

International African Institute) Volume 7632 Ibid33 Interview with a man Amuru Township 20/09/08

34 Interview with a woman Gulu Municipality 22/09/08

35 Interview with Human rights Acvtivist Gulu Town 22/09/08


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Beyond Juba 7


Many Acholis also recognised the bierness that Teso and Lango communies felt toward them, and how

other communies might nd it dicult to separate the acons of the LRA from those of the Acholi as a

people. Some respondents felt that this resentment was unfair because, as one respondent put it, when

[the LRA] went [to Teso,] it was to ght the government, not to ght with the tribe of Teso. The government

recruited people of Teso to join the forces.36 Nonetheless, Acholi cultural leaders had reached out and

sent leers to surrounding regions to pursue meengs that could bring about reconciliaon. While leersthat were sent to both the Lango and Bunyoro led to producve meengs, which enabled the discussion

of a range of issues from interethnic marriages to the reality of killings within families, the Teso did not

respond to calls for dialogue, and instead emphasised military soluons, connuing to sll [hold] their

ground that the Acholi had sent LRA to Teso.37 Despite these connuing challenges, the mere awareness

on the part of the Acholi people and noted early aempts at reconciliaon between the ethnic groups

remains a posive sign that raises the possibility of further eorts toward reconciliaon.

The Acholi, Lango and Teso regions exemplify the legacies of unacknowledged conict and human rights

violaons which have in the pastand may again in the futureproduce cyclical paerns of violence.

These unaddressed legacies leave open the potenal for future violence and unrest throughout theregion and foster an environment rich in daily civil and criminal disputes. The violent atmosphere is

fed by the remaining stockpile of weapons in some places like Teso, and haphazard demobilisaon and

demilitarisaon processes across the region. One respondent from JLOS in Soro town arculated the

linkage between the history of violent conict and contemporary criminal acvity, explaining that, all

of these conicts led to displacement, and thus increases in poverty, which in turn led to an increase

in delement, delinquency by children, adultery by wives, the breaking up of families, and land

wrangles.38

These legacies in parcular are the result of a post-conict environment in which eorts to address

accountability, reconciliaon, reparaons and even the legimacy of the current government have been

sorely wanng. The mulplicity of these diering legacies of conict and their corresponding resentments

in the three regions indicate just how complex a comprehensive naonal reconciliaon process would

have to be if eecvely constructed. It would be insucient to limit the scope of the transional jusce

process to the abuses commied in the conict between the Ugandan Government and the LRA. A

limited process would not begin to address the residual tensions between the districts or between them

and the Museveni government. At present Ugandas legal regime emphasises formal jusce mechanisms

directly derived from the Brish colonial common law model. Given the complex history of Uganda, its

mulple legacies of violence, and the manifest incapacity of the exisng legal system to address these

legacies, there is a compelling need to explore opportunies for a comprehensive legal framework that

can address and reect peoples sense of jusce in Uganda. The countrys rich and numerous cultural

heritages provide a number of entry points

1. 3 Policy Context

This secon speaks to the policy debate that has emerged since peace talks between the Ugandan

government and LRA began in July 2006; a debate in which it is assumed that tradional jusce pracces

should play a role in accounng for violaons commied in the course of the conict. Thus far, the

ve items signed in Juba aim to address the LRA conict in northern Uganda. 39 Agenda Item No. 3 and

the Annexure propose a framework for accountability and reconciliaon that carves out a potenally

36 Interview with an Elder Gulu Town 16/09/08

37 Interview with a woman Gulu Town 22/09/08

38 Interview with a Judicial ofcial Soroti Town 28/08/0839 Juba Peace Agreement, Agenda Item 1 (2006): Agreement on Cessation of Hostilities, Agenda Item 2 (2007): Agreement on Com-prehensive Solutions, Agenda Item 3 (2007): Agreement on Accountability and Reconciliation, Agenda Item 4 (2008): Agreement

on a Permanent Ceasere, Agenda Item 5 (2008): Agreement on Disarmament, Demobilization and Reintegration, Agenda Item 6

(2008): Agreement on Implementation and Monitoring Mechanisms.


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Beyond Juba8


vital role for tradional jusce pracces. Clause 3.1 of the Agenda Item states that, tradional jusce

mechanisms such as Culo Kwor, mato oput, kayo cuk, ailuc,Tonu ci Koka and others as pracced in the

communies aected by the conict shall be promoted, with necessary modicaons, as a central part of

the framework for accountability and reconciliaon. In addion to Agenda Item 3, The Peace, Recovery,

and Development Plans (PRDP) Strategic Objecve 4 states:

Peace Building and Reconciliaon broadly proposes a place for tradional juscepracces, calling for a focus on building informal leadership among men and women to

engage with local authories and civilians in the reconciliaon process through localized

conict management mechanisms.40

The call for an appraisal of tradional jusce may in part relate to the limited responsiveness of exisng

naonal and internaonal formal jusce mechanisms in addressing Ugandas numerous legacies of

conict, and to the way in which the broader colonial legacy of Ugandan law alienates much of the

country from the exisng jusce system.41

Although both Juba and the PRDP acknowledge that tradional jusce pracces have a role to play, the

nuances of their operaon and applicability remain unclear. Moreover, the ability of these mechanisms

to address injusces commied in the course of decades of violence is increasingly challenged by the

conicts own state of ux. These issues are heatedly debated in JLOS, tasked as it is with the responsibility

to design a ng transional jusce policy for the country.

Although these policy documents acknowledge that tradional jusce pracces have a role to play, the

ability of these mechanisms to address injusces arising from the conict are unknown These issues are

heatedly debated in JLOS tasked as it is with the responsibility to design a ng transional jusce policy

for the country. In JLOSs 2009 annual forum, several quesons were raised as they regard the types of

transional jusce pracces that need claricaon, relaons between formal and informal accountability

mechanisms, and whether or not the laer should undergo integraon into naonal jusce structures

or implementaon at a local level.42 The discussion focused on which abuses tradional jusce praccescould address, the extent to which (if at all) they could be adapted for contemporary applicaon, whether

or not formal codicaon of tradional principles into naonal law is desirable, and to which extent they

must be allowed exible implementaon at the local level.

This policy debate is part of a broader narrave currently being charted in Uganda as the country struggles

to confront a history of conicts and moves toward naonal reconciliaon. While the whole enterprise of

tradional pracces in addressing modern injusces may go unresolved, there is evidence that tradion

sll enjoys a degree of local applicaon in areas aected by conict and that the values and principles

embodied in these pracces have a future role to play in naonal transional jusce mechanisms.

This said, the manner in which draers framed Agenda Item 3 limits their scope and presupposes thatancipated policy shis will box in conict aected areas, despite the fact that the eecve integraon

of tradional jusce principles could make an important contribuon to what Clause 2.4 of Agenda Item

3 suggests should be the widest naonal ownership of the accountability and reconciliaon process.43

2. A Jurisprudence of Tradional Jusce

The tradional jusce pracces from the Acholi, Lango and Teso vary considerably. For all, ve fundamental

principles seem to be at the centre of each of them. These were material compensaon, reconciliaon

and forgiveness, truth-telling and responsibility, cleansing and welcoming, and punishment. While the

relaonship between abuses that arose from wars and related conicts from those that do not remains

40 Peace Recovery and Development Plan (PRDP) (2007): Strategic Objective 4: Peace Building and Reconciliation, Article 4.4.1:Public Information, Education and Communication (IEC) and Counselling Program.

41 This and the following paragraph draws on Brieng Note No. 1 (2008): Conict, Justice and Reconciliation in Teso: Obstacles and

Opportunities.

42 Minutes of the Third National Justice Law and Order Sector Forum held July 30-31, 2008 ( on le with the Beyond Juba Project43 Juba Peace Agreement, Agenda Item 3 (2007): Agreement on Accountability and Reconciliation, clause 2.4.


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Beyond Juba 9


unclear, the overall tradional jusce principles are similar in both situaons and express the values of

each of these groups.44

The principles found expression in a sequence of pracces which are designed to result in reconciliaon

between the pares and their clans. The process normally begins with one of two principles. If the

individual who commied the abuse had been absent from the community for an extended period of

me, it begins with a welcoming or cleansing ceremony. Otherwise, the rst step is to idenfy theresponsible party and learn the damage caused. The next step would begin with retribuve acon such

as caning. Truth-telling in the form of a dialogue to discuss the events and to ask the oending party to

accept responsibility would follow. This dialogue would help establish the reparaons due the vicm.

Finally, an act which expressed reconciliaon and forgiveness would take place.

All ve of these fundamental elements concerning tradional jusce must be understood in the context

of a common overarching principle of collecve or community responsibility. This was most commonly

expressed at the clan level, where any crime commied by an individual was as much the responsibility

of that enre clan as it was that of the individual. The clan as a collecve structure would be obligated to

express responsibility for the crime before the oended clan. Everyone who is a member of the oendersclan, regardless of his or her nancial status would be required to contribute to any material compensaon

paid to the oended clan. The implicaon of this principle of collecve responsibility was a behavioural

modicaon process within each clan that used social pressure to discourage misbehaviour.

There were signicant dierences as to how each ethnic group applied these tradional jusce pracces.45

Generally, rural and camp populaons knew more about tradional pracces than town and urban

populaons, excepng NGO advocates and the cultural leadership within towns. Rural populaons had

a stronger link to cultural pracces overall, including those specically pertaining to jusce. The reasons

are not enrely clear, but two factors are likely to have been relevant. First, there is less access to formal

jusce in rural areas leading those cizens to turn to tradional jusce as a more immediate response

to abuses. The second reason was likely related to the forces of modernizaon, stronger within town

centres than in rural areas. Changes in educaon and income earning were dierent within towns and

they may have contributed to the erosion of cultural structures and values in these areas. Thus, while

the ve principle elements of tradional jusce were expressed by nearly all respondents, they found

themselves less well arculated by town populaons than those from rural areas.

2.1 Cleansing, Cooling and Welcoming

Cleansing pracces were an important element of tradional pracces throughout the Acholi, Lango, and

Teso regions. They were most commonly pracced as part of a process of welcoming, but also remained

integral to response mechanisms for a killing or other act properly understood in the community as an

abominaon. Cleansing also funconed as part of a nal reconciliaon process to normalise relaonsbetween an oended and oending party. The noon of cleansing was far more prominent in the Acholi

region than it was in either Lango or Teso.

Cleansing was most prominently connected with welcoming pracces for individuals who had been

absent from a community for a prolonged period of me. In the past this absence could have existed for

any number of reasons, but was oen linked to some quarrel with the community before leaving. Today

the procedure refers to the return of ex-combatants, or the return of someone who had spent me in

prison, as well as, any situaon in which a person might have simply travelled abroad, or spent a long

me away from a community. Regardless of the reasons for a persons absence, there was unanimous

agreement that there needed to be a cleansing upon their return to the community in order for them to

be fully welcomed. Acholis used it most oen, Lango less so with Teso communies the least likely toemploy them. Acholi and Lango communies referred to a pracce known as stepping on the egg as

44 See section on Traditional Justice and the Challenges o Mass Confict.

45 See following sections for the variations between districts


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Beyond Juba10


the primary mechanism for such a cleansing welcome, with some accounts of the sprinkling of water on

the returnee, while in Teso the sprinkling of water was the only pracce menoned.

The theme of cleansing was not restricted to inial welcoming pracces. Cleansing ceremonies also

remained integral to major reconciliaon pracces in the three regions. Community members oen

expressed cleansing as part of the reconciliaon process in the slaughtering of a bull, sheep or goat. In

Teso, a bull was slaughtered at the nal stage of reconciliaon, and in Acholiland, sheep, or at mes goats,were slaughtered as part of the reconciliaon pracce for a murder. A Lango woman explained that the

slaughtering of an animal, as part of reconciliaon, was important since, it is to symbolise a cleansing

process, otherwise things might keep coming back to haunt them.46 Another woman elaborated saying

that the, person would be haunted [if they speared someone to death], but if an animal is killed then

it washes away the memory.47 In order for reconciliaon to happen, cleansing was also necessary. The

two noons could not be easily extricated from one another. Thus, cleansings were necessary at both the

beginning and conclusion of the tradional jusce and reconciliaon process. They were part of an inial

preparaon as well as a symbol of the conclusion, a sign of the ulmate agreement or reconciliaon, and

an indicaon that the two clans had put the past behind them. Cleansing as a principle was, in essence,

used to bookend the jusce process.

Peoples percepons of the purpose of cleansings embraced several forms. First and foremost, cleansing

was intended to rid a person of any bad things - spiritual or otherwise - which may have accumulated

during their absence. As one Acholi elder explained in the context of returning ex-combatants, when

they were abducted, they did not say a word, and were clean like an egg, then they were deled so that

they were no longer clean. The (pobo) reed is the tradional soap for washing, so it is used to cleanse the

returnees when they are received back into communies.48 As one mass stepping-on-the-egg pracce

for returning ex-combatants commenced in Gulu, the elder performing the pracce explained that, this

is for welcoming our sons home. A clan egg before you will step on, it is clean inside and out, this branch

is from apobo tree, it is slippery, it will clean you of any short-comings while you were away.49 There was

a sense that a person may need to be rid of a burden both emoonally and mentally. A man from outside

Kitgum explained that, tradionally [you are] not mentally proper unl you step [on the egg].50

A young returned ex-combatant from Gulu district felt that it was important for him to perform the

pracce because, it removes something from the heart. If you step on that egg, it means that those things

remain there, and the water, that means to wash your heart, not to think of those things. 51 Parcularly

in Acholi, there was a spiritual element to such cleansings, where bad spirits responsible for haunng

a person, either because of things they have done or places they might have gone, would be cleansed

away. However, some did not feel that this spiritual aspect was appropriate. A youth from Amuru district

believed that he did not feel he needed to do the cleansing upon his return because he did not believe

there were any spirits that could harm him, though he did support the use of some tradional pracces.52There was also a preventave aspect to the cleansing as a woman from outside of Kitgum explained that,

the reason for stepping on an egg is that under Acholi, when someone stays a lot of years outside, that

thing is used so that any other types of diseases do not happen again.53

Cleansing was also closely associated with the idea of cooling ones temper aer becoming hot or

disturbed. As an elder respondent associated with the Iteso Cultural Union explained, if [you] went away

aer [a] ght with [your] family, but had not killed, before entering the house, you would nd a calabash,

sprinkle water with grass, somemes [the family would] wave a cock around [the] returnee saying the

46 Focus Group Discussion with 7 people Aleb-Tong parish, Lira Town 12/11/08

47 Focus Group Discussion with 10 women, Aleb-Tong, Lira Town 12/1108

48 Interview with woman Gulu Town 16/09/0849 Acholi traditional cleansing ceremony Gulu Town,23/09/08

50 Focus Group Discussion with 4 people, Lemule, Amuru Township 25/09/08

51 Interview with a man, Koch Ongako Sub-County, Gulu 18/09/08

52 Interview with a man, Alero Sub-County, Amuru Township, 20/09/08

53 Focus Group Discussion with 5 people, Lemule parish, Amuru Township, 25/09/08


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Beyond Juba 11


words oliwi moucit (let your body be cool) and wishing them health and peace of mind. 54 An elder

from Acholi also linked the cooling to the use of water in some of the cleansing and welcoming pracces,

nong that, cold water symbolises the cool heart that this person should have.55 The noon of cooling

was derived from the need to cool the body when someone is sick and runs a fever. In parcular this

pertained to the slaughter of sheep, which were thought to have cool blood because of their mild nature,

though this parcular associaon with sheep was specic to the Acholi region. A similar senment was

expressed by an Acholi man in his explanaon for why a sheep, and not a goat, was used for certaincrimes, for, a sheep has colder blood than goats, he explained. Goats have warm blood...things from

re [need] sheep, like food from re [needs] sheep. A goat is [needed] when you shut your wife outside

or when you are caught with a lady in the bush.56 Thus, the cleansing is an act of balance. That which

creates heat requires cooling to reset the equilibrium. The connecon between cooling and cleansing

was common across the three regions, and remains indicave of what would need to take place for

communies to fully heal from the legacies of conicts they have suered.

Cleansing and cooling were also important in restoring balance, both mentally and emoonally, and served

as a necessary preparatory step in readying both individuals and the community for a further process of

reconciliaon. Without such a step, it is likely that tempers could remain high, or that perpetrators of an

abuse might remain agitated, and any further steps of truth-telling through dialogue and reconciliaon

would be in vein, and could even lead to socially explosive incidents and eventually further conict. If

transional jusce is to lead to sustainable peace in Uganda, a naonal process would need to create

space for such preparatory steps so that communies feel ready to parcipate in the truth-telling and

reconciliatory acvies which would follow.

Finally, there was an aspect to the cleansing framed as welcoming individuals back into the community.

One parcular indicaon of this purpose was expressed in the Acholi pracce of needing to step over the

sck that is used to open the community granary, a symbol that the community is allowing you back to

be fed by the granary that raised you.

It is this aspect of cleansing that has the most pressing contemporary implicaons. The awareness

that any prolonged absence, parcularly one related to a disagreement, could potenally lead to the

marginalisaon of the individual upon return shows a foresight greatly needed in the contemporary

project of building sustainable peace in Uganda. One of the leading factors seemingly responsible

for the cyclical violence that plagued the country is the marginalisaon of regions that spawned rebel

movements, even aer the conicts ceased. In order to break this cycle, it is necessary to bring these

regions back into the naonal fold, welcoming them into the naonal community. Thus, some reecon

of this principle of welcoming and cleansing should be part of the naonal transional jusce process to

facilitate the restoraon of a naonal community.

2.2 Punishment and Retribuve Aspects of Tradional Jusce

Tradional jusce has retribuve aspects that have not been focused on by previous research. Earlier

work focused on the reconciliaon component in tradional jusce pracces. It would be an error to

enrely ignore the role of punishment in the pracce of tradional jusce. Caning was the most common

form of punishment and was ubiquitous across the three regions. It is less commonly pracced today.

Punishment, including caning, has been more common in Lango and Teso than in Acholiland.

The retribuve aspects of tradional jusce were oen part of an inial community response to a given

abuse, then followed by mechanisms that embody the jusce systems other elements. As a woman

elder from Teso described: If [the elders] determined that so and so was the one that started the

problem, that [he] was the cause of this dispute, he would be caned unl he apologises to the elders

that he will never do it [again].57 Another respondent described a more specic situaon in which a boy

54 Interview with Cultural Leaders Teso, Soroti Town, 10/08/0855 Interview with a woman Gulu Town, 22/09/08

56 Interview with Human Rights expert, Gulu Town 22/09/08

57 Interview with an Elderly woman Atutur Parish, Kyoga Sub-County, Kumi, 14/08/08


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Beyond Juba12


caught in the act of adultery would be caned unl his father arrived and agreed to pay compensaon to

the womans husband or family. 58 In some instances, caning was parcularly relevant for misbehaving

youth. Many elder respondents felt that the contemporary problems they faced with young people were

exacerbated when caning became a less common method of punishment. Overall, caning and other

forms of punishment are always part of a larger jusce process; indeed a prelude to other pracces

aimed at resolving the situaon.

The intended purpose of punishment was straighorward: deterrence. Importantly, punishment was

a largely individualized element of tradional jusce, unlike the communal nature of much of its other

elements. The individual who commied an oence would be caned, not the clan as a whole. Yet the

limit on how severe caning could be was oen connected with community standards. Either elders would

ocially declare the number of canes a person may receive, or if the caning was more spontaneous, the

community reserved the right to intervene if it went too far. Public restraint balanced the public shaming

aached to the beang.

An important disncon is drawn between such types of restrained canings and incidents of mob jusce.59

Several respondents felt that mob jusce was a modern phenomenon, fuelled by social instability anddire economic circumstances leading to harsh responses to acvies such as the.60 Nonetheless, there

is reason for cauon regarding any contemporary re-emergence of corporal punishment as part of

tradional jusce pracces. The line between restrained retribuve punishment and mob jusce was

vague at best, and many respondents who spoke highly of the pracce of caning were elders who also

voiced disregard for formal noons of human rights that pertained to women and youths. The important

implicaon of these ndings is not that caning should be brought back as a pracce, but that there is

a need to further explore the belief that a lack of social discipline, parcularly as it relates to youths, is

parally responsible for social instability and the eagerness with which youths have been willing to take

up arms against the government.

While caning was the most commonly discussed form of retribuve jusce, other forms of punishment

included the aacking of another clans homestead prior to a meeng to reconcile the two pares61, as

well as, a pracce recounted in Lango for cases of incest, in which the man would be instructed to urinate

on the woman. The intended purpose of the incest punishment was not to cleanse the individuals, but

rather to deter them from repeang the behaviour.

Imprisonment a concept not fundamentally rooted in tradional jusce provoked mixed senments

in our respondents. Some felt it served no purpose because it neither beneted the vicm nor promoted

reconciliaon between the wronging and wronged party. Others felt imprisonment carried posive

aspects because it deterred reoccurrence. As one respondent from Lira explained, Prison gives some

sasfacon and stops [the wrongdoer] from coming back and comming [the crime] again.62 There

was evidence that imprisonment was not enrely absent from tradional jusce pracced in pre-colonialmes. One elder from Lira district explained that, for a case of adultery in which the perpetrator and

vicm are from dierent clans,

if the perpetrator is caught, before compensaon [is paid] a sharp sck is put

into the mans leg so he cant move, like a prisoner, it doesnt pierce him but

makes it so he cant move. He is made to be there in punishment like prison.

He can only move within the compound [where he was caught] and he must

stay unl his family comes to pay compensaon.63

58 Interview with an Opinion leader, Pallisa Town, 14/08/08

59 Interview with an Opinion Leader, Lira Town, 09/11/0860 Interview with Local Council Ofcial, 21/08/0861 Interview with an Elder, Lira, 09/11/08

62 Focus Group Discussion with 15 people, Ogur Sub County, Dokolo County, 13/11/08

63 Focus Group Discussion with 7 people Ogur Sub-County, Dokolo County, 13/11/08


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Thus, despite widely arculated shortcomings of imprisonment, it was moderately valued as a pracce

which was not necessarily as alien to tradional pracce as might have been expected. The fact that

many respondents were not enrely closed to imprisonment indicates a potenal openness toward

some form of formal court acon and imprisonment as part of the transional jusce process.

2.3 Truth-Telling, Dialogue and ResponsibilityTruth-telling was integral to achieving jusce in tradional communies in all three regions, but should

be understood more accurately as a process of interacve dialogue between the oended and oending

pares rather than a one-sided public declaraon. Chronologically a truth-telling dialogue would take

place aer both an inial welcoming or cleansing process and aer retribuve acon. It was fundamental

to tradional jusce pracces in the three regions that both the wronged and wronging party needed to

agree on an account of the events that transpired for a given oence. However, it appeared that truth-

telling by name was more avidly arculated by cultural leaders and other advocates of tradional jusce

methods, while ordinary community members tended to report that elders of the two clans needed to

sit with each other to sele on an account of what happened.

Truth-telling as such was raised less by respondents then many of the other fundamental elements of

tradional jusce; however, nearly all pracces had to begin with representaves from the two clans

meeng to discuss the oence. As one respondent described, the rst meeng is only to give informaon

that this one was killed. Then they come to an inial understandingKworcome to a compromise, a

mutual understanding of the death.64 This meeng was oen the rst step in negoang an appropriate

amount of material compensaon. Another respondent explained the process describing how the elders,

sit like judges to gure out what happened, what made [one] person kill the other. Like a judge they sit

and argue at what actually happened.65 The truth-telling was not one-sided. Both the oending and

oended pares were meant to share their concern, a noon further emphasised by an elder from the

Teso region who explained that, each side would be allowed to put his side of the story. They could

also ask for witnesses.66 The two pares were meant to be engaged in a dialogue, both adming theirresponsibilies and lisng their grievances. It was a process that required both the courage to admit

wrongdoing, but also the paence to listen to the views of the opposing side.

That truth-telling was understood as a dialogue is a posive indicaon that such pracces were at least

intended to produce a mutually acceptable historical account of the events in a given conict. An account

of the events was exactly what was seen as necessary before any compensaon could be awarded and

reconciliaon could be reached. There were understandably concerns regarding imparality in the truth-

telling process, though this was primarily the case for issues discussed within a clan rather than between

two clans, because within the clan there was a greater chance that the two pares might not stand on

equal foong with regard to the elders who would be arbitrang the discussion. This challenge should beunderstood as a potenal piall for a naonal truth-telling dialogue that should ensure that the various

pares to the discussion feel that they are voicing their opinions in a fair and unbiased environment.

Truth-telling and dialogue were also directly linked to a need for the oending party or individual to

take responsibility for the abuse commied. The admission of what had transpired, and the ensuing

discussion between the pares was intended to culminate in an admission of responsibility and a request

for forgiveness. As one respondent simply put it, the one who has killed has to ask for forgiveness.67 It is

therefore vital to recognise that truth-telling and the acknowledgment of responsibility were necessarily

because they allowed a process of forgiveness to eventually take place. Without the admission of truth

and an acknowledgment of responsibility, the forgiveness and eventual reconciliaon between wronged

and wronging party cannot take place.64 Focus Group Discussion with 4 women, Otuke , Lira, 12/11/0865 Interview with an Amnesty Commission Ofcial, Gulu Town, 26/09/08

66 Interview with an Elder and Family, Kumi, 14/08/08

67 Focus Group Discussion with 7 people, Otuke County, Lira, 12/08/08


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Truth-telling and the acknowledgment of responsibility was at mes considered to be an act conducted

by an individual, while at other mes it was discussed as a communal process. Respondents opinions of

truth-telling varied as to whether it should pertain to the individual who commied the crime or merely

to that persons clan. While some respondents described the importance of an individual adming

what they had done, taking responsibility for it, apologising for it, and promising never to do it again,

others felt that this process could also be carried out at a clan level with the clan taking responsibility. In

parcular this was menoned in a contemporary context when an individual who commied an oencemight be sent to prison while tradional pracces between that persons clan and the clan of the vicm

might connue in his absence. Yet it was also a part of tradional jusce as pracced in pre-colonial

mes. During that period the perpetrator would be hidden while the clans conducted the reconciliaon

pracces because it was thought that the persons presence might ename the anger of the wronged

clan. This fear of igning discord was also the reason that the wronged clan would send a designated

representave that was not a member of the immediate family of the vicm to the rst meeng.

Truth-telling has been widely discussed as a potenal element in the post-conict transional jusce

process in Uganda. Opinions varied greatly over its use in that context. Many communies were deeply

hesitant to require returning abductees from the LRA conict to go through a truth-telling process. Thegeneral senment was that these individuals were not acng under their own will when comming

abuses and thus did not need to explain their acons or movaons. There seemed to be an underlying

apprehension about bringing up painful events that could trigger resentment from the community

against returnees. Many respondents, parcularly from Teso and Lango, argued that abductees were

automacally forgiven when they returned to the community. One man even felt that tradional

pracces, should not be applied, people should just be allowed back uncondionally, the pracces are

just a waste of me.68 Returnees themselves also seemed to feel that it would be most desirable just to

move on and think about the future. While a group of formerly abducted men from Amuria district cited

confession of wrongdoing as an important part of tradional jusce pracces, they did not wish publicly

to recount their acvies during their abducon to the community. An LC 3 councillor in the area who

had himself been abducted explained why he did not speak about his acvies during his abducon,

saying that he,

did not talk much about the killings, the atrocies the LRA did because [he]

knew that they would scare them. He just thanked them for praying for [him]

to come back, used [his] reasoning capacity, knowing that if [he] dwelled on

that, that Kony killed people like this, that he could cut your lips, could cut

your nose, people would get scared of that and [he] wanted to avoid that

situaon.69

This apprehension about publicly sharing their accounts, parcularly on the part of the returnees, fails

to surprise from a psychological perspecve; a desire to avoid potenal conict or resentment by pungthe past behind is a common coping mechanism. However, this desire should not be an indicaon that

truth-telling has no place in the transional jusce process. The fact that so many of the respondents who

disapproved of the prospect of truth-telling for former abductees could also idenfy it as an important

part of tradional jusce pracces from the past is a clear suggeson that it sll resonates today.

Furthermore, despite some apprehension regarding truth-telling for returning former abductees, there

was a widespread desire for more senior members of the LRA such as Kony and other top commanders

to make public appearances, to see the destrucon they caused and to ask for forgiveness. While the

LRA delegaon to the Juba Peace Talks did just this, there was a clear desire for further truth-telling. This

view was expressed by one man closely connected with the Arrow Boys milia who argued, If [we are]

going to get tradional pracces working, [we] need Kony to apologise... Abanja gave a public apology

68 Focus Group Discussion with 7 women, Otuke County, Lira. 12/08/08

69 Interview with Local Council Ofcial, Amuria,21/08/08


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which was ok.70 A group of women from the Teso region specically cited an acknowledgment of who

had been killed by the LRA as an important part of reconciling aer the conict: they should inform [us]

of the number of those who were killed, one woman bluntly explained.71

Noons of confession and forgiveness may have been connected to both tradional spiritual and Chrisan

religious beliefs as well. An Acholi man explicated the need for truth-telling and requests for forgiveness

by linking it to a spiritual need, saying that, Acholi tradional jusce depends largely on truth-tellingbecause there is a fear, that aer death, the soul sll lives. The soul sll has power over the living. This is

why truth-telling becomes the benchmark.72 Thus, the man expressed the idea that taking responsibility

publicly for the abuse commied came about by pressure from a spiritual realm. Strong as the tradional

spiritual elements of truth-telling and forgiveness were the complementarity between such pracces

and religious doctrine was even stronger. As a pastor from the Teso region explained, we encourage

truth-telling. If [the perpetrator] wont tell the truth, then there can be no reconciliaon. You have to be

careful in telling your story to be honest so people believe the apology.73 Thus, there is an element of

religious confession in the noon that the true movaons of the confessor are as important as his or her

outward expressions of truth and request of forgiveness.74

These dierent movaons for truth-telling are important indicaons of whether or not returning ex-

combatants, as well as, others implicated in the conicts will be willing to give full confessions of their

acvies. Inially, it is likely that many returnees would not have faith in tradional or Chrisan beliefs

that might lead them to confess, posing a challenge to holding truth-telling dialogues. Furthermore,

the deep scepcism toward the sharing of experiences by returning ex-combatants expressed by both

ex-combatants themselves and some communies, parcularly in the Lango and Teso regions, poses

addional barriers to this process. However, as was the case in pre-colonial mes, it may be up to the

community to convince them to confess for the good of the clan or community, and several respondents

suggested this was an important role for mothers in facilitang the homecoming of their sons who might

have spent me in the bush.75 This was more likely to take place in some communies than in others.

Many in Lango and Teso felt it was parcularly unnecessary for ex-combatants returning to those regions.

There also remained the queson of whether commanders from the various pares to the conicts

including the LRA, UPA, and UPDF would be willing to parcipate in any form of dialogue or truth-telling.

Respondents voiced cauous opmism toward such potenal acvies for LRA leaders but there exists

signicantly more scepcism regarding the parcipaon of UPDF leaders, no maer how strongly people

felt about the need for such parcipaon.

2.4 Material Compensaon as Reparaons

Compensaon for losses incurred was the most important issue when considering the enre subject of

reconciliaon. Whether the loss was suered due to war or through normal criminal behaviour (cale

the, as an example), compensaon for the loss must occur rst. For example, the military is seen asmostly responsible for the loss of cale in Teso and to a lesser extent in Acholiland. Villagers wanted to be

reimbursed for such losses before they would have an interest in discussing reconciliaon and forgiveness.

The only dierence between war and non war losses is the praccal recognion that compensaon as a

result of war will take longer.

Compensaon was oen spoken of in the case of killings, but also broadly cited as important to abuses

such as adultery, delement and stealing. Notably, compensaon was also discussed in the context

70 Interview with a man, Amuria, 13/08/08

71 Focus Group Discussion with 7 women, Lira Town, 21/08/08

72 Interview with a Human Rights expert, Gulu Town, 22/09/0973 Interview with a Religious leader, Soroti, 17/08/0874 For a full discussion of forgiveness see the section below, and for a full discussion of the relationship between traditional justice

practices and religion see the section of that title.

75 Interview with a Human Rights Activist, Gulu Town, 16/09/08


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of contemporary conicts, and parcularly the LRA conict, and the variety of intended purposes of

compensaon were invoked by respondents in explaining why this was the case. These range from

addressing the nancial cost of a given abuse to aiding the process of reconciliaon. In comparison to

other fundamental elements of tradional jusce, compensaon came up relavely more in Lango and

Teso than in Acholi. In all three regions compensaon was less oen discussed by cultural authories

than it was by other groups, such as rural communies or NGO representaves.

Having a clear standard of compensaon depending on the crime was an important issue. For instance,

an Acholi respondent noted that in the case of a death, the clan would demand six goats, four cows and

perhaps some addional money.76 However, an elder explained that in the contemporary environment,

in which one cow has been set to equal 500,000 sh

tradition in transition revised edition may 2010

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