UGANDA

econstituted. 670
TJ MECHANISMS
Perceptions of Traditional Justice
Despite the predominance of the formal justice system in Uganda, participants
overwhelmingly favoured the reinstitution and strengthening of traditional justice
systems. The reasons for this position include traditional justice’s resonance with cultural
values, its incompatibility with corruption, and its capacity to promote reconciliation.
Consistency with Cultural Values
Notably, participants spoke highly of traditional justice because it is a source of law
based on local values, as opposed to the “formal law” which was perceived to be an
imposition of foreign customs. 671 Relying on the wisdom and depth of knowledge
of traditional leaders was cited as another advantage. 672 Similarly, focus group
discussions revealed that traditional justice was more accepted and trusted by the
general population despite its weaker position vis-à-vis the formal justice system. 673
Less Corruption
Another reason for the preference of traditional justice was widespread mistrust
of national justice institutions, which participants perceived to be unreliable. 674
Some attributed problems like discrimination, bias, corruption and understaffing to
formal justice systems, all of which lead people to favour traditional justice. 675 Several
participants stated that traditional courts were generally more trustworthy and free
of corruption because they allow many voices from the affected clans to be heard. 676
More Reconciliation
Lastly, traditional justice maintains popularity because it is less punitive than formal justice
systems, and instead promotes conciliation, apology, peace building and reconciliation. 677
Youth in Bundibugyo stated that “formal law has little regard for our values, customs and
norms. They emphasize vengeance, while we emphasize reconciliation.” 678 Participants
in other districts observed that traditional justice served more “realistic” punishments, 679
and that it operated on “conflict sensitive” principles that avoided death sentences. 680
Dissenting Voices
Though perceptions of traditional justice mechanisms were overwhelmingly positive,
one notable exception came from Bulambuli, where women rejected traditional justice
670 Research conducted in Nakapiripirit District
671 Research conducted in Pader District
672 Research conducted in Gulu District
673 Research conducted in Hoima and Mbarara Districts
674 Research conducted in Bundibugyo and Tororo Districts
675 Research conducted in Arua District
676 Research conducted in Gulu and Hoima Districts
677 Research conducted in Adjumani District
678 Research conducted in Hoima District
679 Research conducted in Mukono, Tororo and Bundibugyo Districts
680 Research conducted in Bundibugyo, Tororo and Soroti Districts
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