EFFORT: Internal affairs minister Ruhakana Rugunda (second left) arrives for the peace talks in Juba

By Erin Baines and Boniface Ojok

As leaders meet in Juba this week in an historic effort to begin talks to bring an end to the 20-year-old conflict in northern Uganda, one issue jumps out: The potential contributions that traditional justice processes could make to the peace process.

The international media has focused on the legal and ethical quagmire facing the International Criminal Court (ICC) given the opportunities the peace talks present. However, they have ignored the range of other justice options available to victims.

The impunity of war criminals is not a real option but neither is the execution of the ICC indictments, if the talks are to succeed. This leaves a ‘middle ground’, which is in need of much closer attention.

Recognising that different groups affected by the conflict have different cultural beliefs, the Acholi justice system is one that has often been cited as a possible means of achieving peace and justice. Yet little is known about it, or how it could work in the context of the conflict.

Acholi traditional justice is based on the principles of truth, accountability and compensation. It employs a process geared to restore relationships within the communities affected by a crime. This process is communal, so the clans of the individuals affected are directly involved in the administration of justice.

For example, in the case of an intentional or accidental killing, traditional leaders continue, in some areas, to perform the traditional ritual of Mato Oput (drinking the bitter root) as a means of promoting justice between the clans of the victim and perpetrator.

The question remains as to whether Acholi traditional justice processes can be adapted to address the crimes that have occurred during the conflict. Currently, Acholi traditional justice practices are primarily being applied to cases involving ‘ordinary’ crimes, not the ‘extraordinary’ crimes committed during the conflict.

Take the example of Mato Oput, there are few known cases which involve a former
combatant, their clan, and the clan of a victim’s family.

At the same time, some aspects of traditional processes are being adapted at the grassroots level.

There are isolated cases of persons who, on their own volition, are quietly performing traditional cleansing ceremonies. These ceremonies involve aspects of a justice process, such as truth-telling, symbolic compensation and rituals to atone for conflict-related crimes.

At a communal level, traditional Acholi leaders have adapted simple traditional ceremonies to welcome home those returning from the Lord’s Resistance Army. This illustrates the potential to adapt traditional mechanisms.

There are certain challenges to adapting the traditional approach and more attention needs to be paid to these. Traditional authorities were severely weakened due to the conflict and displacement. Most of the crimes committed are outside the scope of Acholi traditions and traditional by-laws would need to be revised to address them.

Compensation would be difficult as the conflict has economically devastated the majority of the population. Many youth no longer know their own culture and many born-again Christians reject traditional practices. Furthermore, the Acholi traditional system is a male-dominated one, as such procedures to address gender crimes and promote gender equality need specific attention.

Another question is how Acholi customs resonate with neighbouring regions and ethnic groups. It is also necessary to consider whether or not traditional justice would satisfy either international standards or local needs.

Despite these challenges — any justice system designed to address the grave crimes committed in the course of the northern conflict will face serious challenges — the potential contribution of Acholi and/or other traditional mechanisms to peace and justice in northern Uganda demands closer attention.

Together with the assistance of local communities, JRP has been actively documenting traditional justice processes and practices that promote truth, accountability, compensation and restoration of relationships in the districts of Gulu, Kitgum and Pader. This documentation captures a number of cases that help set a precedent of traditional justice, and establish new measures for restoring and revising practices.

Some of the issues being considered include, the challenges of reintegration faced by young mothers, the position of former LRA commanders in society once they return, the justice needs of victims, including relatives of the missing, and so on.

The writers are researchers with Justice and reconciliation
Project (JRP), an initiative of the Gulu District NGO Forum and Liu Institute for Global Issues. With the assistance of local communities they have been documenting traditional justice processes in Gulu, Kitgum and Pader.