Prosecuting International Crimes in Africa - PULP - University of ...

Prosecuting international crimes by the LRA in Uganda 211
will be seen below, the drinking of the bitter drink comes at the end of the
processes, after protracted engagement between the victim’s family or clan
and the perpetrator’s family or clan.
By description, Mato Oput is an Acholi ritual performed for the
purposes of bringing reconciliation and justice after a conflict. It involves
the perpetrator acknowledging responsibility, repenting, asking for
forgiveness and paying compensation to the victim. 88 Traditionally, Mato
Oput takes place after an accidental or intentional killing. 89 Although an
offence may be committed by an individual perpetrator, Acholi culture
dictates that his/her family, clan or tribe as a whole bears collective
responsibility. 90 Procedurally, the whole of the perpetrator’s family, clan
or tribe would be expected to begin by accepting responsibility, being
repentant and seeking forgiveness from the victim and his/her family, tribe
or clan. 91 Compensation is conceived as an indicator of repentance. Some
of the historical modalities of compensation in cases involving murder are
summarised by John Baptist Odama: 92
Traditionally, the offender’s community was required to pay 10 heads of cattle
if the murder was not deliberately committed. However, if it was proved to
have been a deliberate murder or crime, the offender’s community was
required to give one of their young daughters to the victim’s community. The
girl child given at the age of 6 to 10 years would become, by adoption, a
daughter of the victim’s community. Compensation was not a punitive
imposition but it was deemed as a process of healing, affirmation of
personhood and for the enhancement of life within the community.
Compensation, therefore, opened the gateway of reconciliation so both sides
can walk through each other (reconciled with one another).
It is only after compensation is agreed upon that the two parties are
brought together. Prior to this, the family or clan of the victim and that of
the perpetrator are not allowed to meet, which is intended to prevent
revenge killings. 93 The initial processes, including acknowledging
88 P Bako ‘Does traditional conflict resolution lead to justice? – The Mato Oput in
Northern Uganda’ (2009) 3 Pretoria Student Law Review 103.
89 Mato Oput Project Community perspectives on the Mato Oput process: A research study by the
Mato Oput Project (October 2009) Collaborative Transitions Africa, The Institute for
Global Leadership (Tufts University) and Institute for Peace and Strategic Studies
(Gulu University) 10.
90 JB Odama ‘Reconciliation process (Mato oput) among the Acholi tribe of Northern
Uganda’ Commemorative address made during the ceremony for 21 st Niwano Peace
Prize Award Japan www.npf.or.jp/peace_prize_f/21/speech_e.pdf (accessed 8 July
2010).
91 As above.
92 Odama (n 90 above). Odama argues that the willingness and readiness of the offender’s
community to sacrifice one of their daughters to the victim’s community affirm the
genuineness of their commitment to peace and co-existence following the
reconciliation.
93 Mato Oput Project (n 89 above).