UGANDA

COMPENDIUM OF CONFLICTS IN UGANDA
because it reinforced patriarchal traditions that marginalized women; for this reason
they favoured the formal justice system, though they also cited negative implications of
these mechanisms. In one example, the women observed that when men are sentenced
to prison, they may divorce their wives after they are released. 681 Another challenge
related to traditional justice is the requirement of paying reparations, which has been an
obstacle in some post-conflict contexts. 682
Way Forward
Given the widespread legitimacy enjoyed by traditional justice mechanisms, several
interviewees and focus groups described how such systems should be promoted in
order to complement the formal justice system as well as other transitional justice
mechanisms.
Complementarity with Formal Justice System
In many cases, participants advocated for a complementary relationship between
traditional and formal justice systems. 683 They asserted that traditional justice is capable
of addressing certain categories of crimes, especially as family and clan elders work
together to adjudicate disputes and appeals. 684 Because of the advantages of traditional
justice, such as its independence and reliability 685 and its history of resolving conflicts,
promoting peace, and enabling development, 686 representatives from several districts
believed that the Government should support rather than undermine such institutions. 687
“Human rights institutions should know their boundaries, not popping their
noses in to the traditional setting and their time tested wisdom in resolving
disputes before these human rights institutions were formed.”
Elder from Nakapiripirit
A positive synergy could be created as traditional justice mechanisms balance the
punitive focus of formal justice processes. This could be achieved by drawing on
traditional reconciliation values, 688 while formal justice systems could provide a common
institutional framework in those situations where the parties involved do not adhere to
the same traditional system. 689 Both systems could contribute to settling land disputes,
especially if traditional leaders serve on land tribunals. 690
681 Research conducted in Bundibugyo District
682 Research conducted in Mukono District
683 Research conducted in Gulu and Tororo Districts
684 Research conducted in Bulambuli District
685 Research conducted in Lira District
686 Research conducted in Aura and Kasese Districts
687 Research conducted in Bundibugyo District
688 Research conducted in Adjumani District
689 Research conducted in Mukono District
690 Research conducted in Arua, Hoima and Mukono Districts
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