modern challenges to traditional justice: the struggle to deliver remedy and reparation in...

7/28/2019 Modern Challenges to Traditional Justice: The Struggle to Deliver Remedy and Reparation in War-Affected Lango

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Strengthening the humanity and dignity of people in crisis through knowledge and practice

Modern Challenges to raditional Justice:Te Struggle to Deliver Remedy and

Reparation in War-Aected Lango

June 2013

eddy Atim and Keith Proctor


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2013 Feinstein International Center. All Rights Reserved.

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Feinstein International Center

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USA

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Suggested Citation

Atim, eddy, and Keith Proctor (2013).Modern Challenges to raditional Justice: Te

Struggle to Deliver Remedy and Reparation in War-Afected Lango. Feinstein Interna-

tional Center, uts University: Medord, USA.

Acknowledgements

Te author grateully acknowledges organizations that supported the work: Comp-

ton Foundation, and Rights and Democracy. I would also like to Tank Pro. DyanMazurana who supported the research and report process to its nality. Tank you

or your tireless yet supportive role. I also thank Ariane Brunet or her support dur-

ing eld research and analyses o the ndings. Te eld research would not have

been possible without Howard Onyok who, as a research assistant to the project,

helped in interviews and daily interaction in two study sites.

Lastly, I would like to thank the people o the study sites or their openness and or

giving time to interact with the research team during the eld study.

Photo Credit

Cover photo by Lily Korhonen


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Contents

Executive Summary 3

I. Introduction 4

Study Methods 5

II. raditional Justice in Lango 5

Overview o the Langi 6

Te Institution o the Paramount Chie 7

Cultural and raditional Leadership Structure in Lango 8

raditional Justice Systems in Lango Culture 8

raditional Practices or Cases o a Grievous Nature 9

III. Response by Lango raditional Justice Mechanisms 10

IV. Victims and the Lango raditional Justice Systems 12

Limitations in the Capacity o raditional Justice Mechanisms 12

V. Conclusion 15

Endnotes 17


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6/22Feinstein International Center4

in a weakened orm to bridge social ssures in the

atermath o harm. As their purpose is not simply

to punish an individual perpetrator, but to restore

severed social ties, their continued existence, in

whatever orm, provides an important process or

helping mend damaged communities.

During eld research, however, we ound that thereexists very little knowledge among victims and

victims communities about the role o traditional

justice mechanisms in addressing serious crimes

and violations. Very ew people knew that theJuba

Peace Agreementenvisioned such a role or tradi-

tional leaders and justice mechanisms in Lango.

Similarly, during eldwork, we were repeatedly

told by inormants in Lango that people are not

reerring any cases o serious crimes and violations

committed by parties to the confict to traditional

justice mechanisms or redress and remedy. Te

community members who reported cases with their

traditional leaders did so to obtain letters o recom-

mendation or acknowledgement to bring the case

orward to higher level governmental authorities,

particularly at the district level. Our study ound

that there are ve main actors that explain this

reality, including:

(1) raditionally, the Lango did not have any cen-

tral tribal authority;

(2) Most respondents reported that traditional

leaders do not have the competence, skills,

capacity and resources to handle cases o seri-

ous crimes committed during the GoU/LRA

confict and their resulting harms;

(3) Te lack o well-codied procedures to handle

cases o serious crimes and their eects makes

claims or redress and remedy almost impossi-

ble or victims who may wish to bring orward

a claim;

(4) Women respondents especially mentioned that

most traditional justice mechanisms as they ex-

ist in the past and present in Lango are biased

and avour males and promote male domi-

nance; and

(5) Provisions under theJuba Peace Agreementpro-hibit bringing to account state actors alleged to

have committed serious human rights viola-

tions through traditional justice systems.

Endorsing international standards, theJuba Peace

Agreement, under Agenda Item Tree, conrms

right to remedy and reparation or victims o seri-

ous crimes and violations committed in the LRA/

GoU confict. Te idea under Agenda Item Treewas that traditional justice mechanisms would play

an important role in partially helping victims o

serious crimes and violations realize their rights to

remedy and reparation. However, our study nds

that currently, traditional justice mechanisms in

Lango sub-region are unable to provide any remedy

or reparation or such victims, with an even more

complicated situation or emale victims who su-

ered gender-related crimes such as sexual violence.

We conclude that i traditional justice mechanisms

are to have any meaningul impact on helping vic-

tims o the GoU/LRA hostilities, and particularly

victims o serious crimes to realize their rights to

remedy and reparation, eorts need to be made to

determine what traditional justice systems are actu-

ally capable o doing.

I. Introduction

Tis report contributes to the existing discourse

around the capacity o traditional justice mecha-

nisms to deal with serious crimes and harms su-

ered during the GoU/LRA hostilities in northern

Uganda. It specically looks to provide more nuance

and understanding o the capacity o existing tradi-

tional justice mechanisms to address serious crimes

and harms suered during the GoU/LRA hostilities,

as envisaged under theJuba Peace Agreement.

Te research leading to this report explored the

knowledge, strengths and limitations o Lango tra-

ditional justice mechanisms in dealing with serious

crimes and violations and the capacity o these sys-

tems to provide remedy and redress. In particular,

the study ocused on: (a) traditional justice systems

and mechanisms in Lango, taking into account

historical perspectives and use; (b) the extent o the

eects (past and present) o serious crimes and vio-

lations committed during the GoU/LRA hostilitiesand local responses to serious crimes and violations

by victims and their amilies; and (c) the response


7/22Modern Challenges to raditional Justice 5

by traditional justice mechanisms to serious crimes

and harms suered as a result o the GoU/LRA

hostilities in Lango sub-region. Gender and genera-

tional analyses were used throughout the study.

Te report aims to contribute to the discourse

around the role o traditional justice mechanisms

in dealing with cases o serious crimes and viola-tions committed during the LRA/GoU hostilities

or two primary reasons. First, within theJuba

Peace Agreementunder Agenda Item Tree on Ac-

countability and Reconciliation, there is emphasis

on the role and unctions o traditional justice

mechanisms to deal with serious crimes and harms

suered by victims.5 Second, there is repeated

mention and recognition o the role o traditional

justice mechanisms in dealing with serious crimes

and the resulting harms o the GoU/LRA hostilitiesin high-level policy meetings, warranting the need

to explore and provide a grounded perspective to

inorm the basis or such discourses.

Study Methods

Te report presents evidence primarily gathered

rom interviews with 103 people rom 2009 to

2011. In our initial study design, to determine the

study site and methods, investigations were madewithin the Lango sub-region to see where tradition-

al justice mechanisms were being used to address

cases o serious crimes and harms suered in the

GoU/LRA confict; surprisingly, we could not nd

a single site. We then revised the study design and

decided to select some o the heavily war-aected

communities to see what, i any, response utilized

Lango traditional justice mechanisms to deal with

cases o serious crimes and harms perpetrated byparties to the confict.

We chose two rural sites within Lango sub-region

or the study. Te rural sites were those villages that

had been the locations o large-scale atrocities and

attacks and were located in Ogur and Okwang sub-

counties.6 In all locations there were hundreds o

cases o war-related killings, people intentionally set

on re, torture, cruel and inhuman treatment, mu-

tilation, abduction, orced recruitment, enorced

disappearance, sexual violence, and widespread,

wanton destruction and pillaging o property. We

interviewed victims, victims groups, local ocials,

clan leaders, grassroots cultural leaders, and CSOs

on their use o traditional justice mechanisms in

order to seek remedy and redress or serious crimes

and harms perpetrated by parties to the confict.

Te data presented in this report draws principally

rom the primary data collected between 2009 and

2011. Where relevant, the authors cite secondaryliterature.

Te research team then analysed the data to gener-

ate the ndings presented in this report. Te team

explored: (a) Lango traditional justice practices

that deal with cases o a grievous nature; (b) the

serious crimes and violations interviewees alleged

were committed during the GoU/LRA hostilities

and the impacts on victims in the past and present;

(c) interviewees views on the ability o traditionaljustice system in Lango to deal with serious crimes

committed and harms suered; and (d) inter-

viewees views on the strengths and limitations

o Lango traditional justice mechanisms to deal

with serious crimes and violations rom a gender

perspective.

Te validation o ndings was assessed by (a)

triangulation; (b) comparing ndings rom second-

ary literature; and (c) eedback rom secondaryinterviews with key inormants within the Lango

Cultural Foundation (LCF.)

II. raditional Justice in Lango

As part o theJuba Peace Agreement, under the

Agreement on Accountability and Reconciliation

and itsAnnexure, traditional justice mechanisms

were envisioned as one o the mechanisms to help

address serious crimes and their resulting harmssuered by civilians in northern Uganda during the

confict between the GoU and the LRA. 7 radi-

tional justice mechanisms were envisaged to work

alongside other transitional justice mechanisms

within the larger justice and reconciliation rame-

work. TeAnnexure to the Agreement on Account-

ability and Reconciliation specically states:

Te Government shall, in consultation with

relevant interlocutors, examine the practice o tra-ditional justice mechanisms in the aected areas,with a view to identiying the most appropriateroles or such mechanisms. In particular, it shall



consider the role and impact o the processes onwomen and children.

Tis section o the report seeks to contribute to an

understanding o the parameters and practices o

traditional justice mechanisms within Lango sub-

region and seeks to identiy eorts by Langi tradi-


and violations committed during the confict in

Lango sub-region and their resulting harms.8

Te section rst provides a brie background o the

people o Lango sub-region, and Lango traditional

culture, structure and systems. It then outlines

which traditional justice mechanisms are being

used, i any, to address serious crimes and violations

committed by parties to the LRA-GoU confict and

the resulting harms.

Overview of the Langi

Te Langi provide a problematic case or ethno-

graphic classication.9 Driberg amously identied

the Langi as a Nilotic tribe who originated east o

Bahr al Jabal and were related to the Shilluks. Due

to water scarcity and incursions by Hamitic invad-

ers in the early sixteenth century, several Nilotic

peoples including the Acholi emigrated south.

Te Langi ollowed, but later, in the latter hal o

the seventeenth century. Te migration o the Lan-

gi continued over a long period punctuated by con-

fict with the Madi, the Acholi, and the Alira. Tey

began to arrive in present-day northern Uganda

around two hundred years ago, overrunning their

present location by the end o the nineteenth cen-

tury.10 osh oered a somewhat dierent account

o Langi origins, identiying them as an amalgam.

Te Langi have traits typically identied with bothNilotes and Para-Nilotes. In terms o their Nilotic

roots, the Langi language is classied as a South-

ern Lwo tongue and is closely related to Acholi.

Also, the Langi social organization more closely

resembles the hereditary clan chiedoms common

to the Lwo rather than the more variegated social

structures ound among the Para-Nilotes. However,

Langi cultural traditions suggest strong ties to the

Para-Nilotes; indeed, there is linguistic evidence

that the Langi once spoke a Para-Nilotic tongue.Signicantly, other Lwo groups tend not to regard

the Langi as Lwo at all, and Lwo traditions have

little or no place in Langi olklore. 11 According to

osh, this is all to suggest that the Langi represent a

usion o both Nilotes and Para-Nilotes.12

Perhaps as a consequence, the identity o the Lango

has been a matter o some contestation. A period o

long migration, possibly including the amalgama-

tion o dierent groups, resulted in a people with-out centralized institutions o authority. Te norm

was constant intra-tribal bickering only occasion-

ally arrested by the rise o a powerul war leader.

According to osh, the Langi owed their collec-

tive identity not to internal consistency, but to a

historical experience that set them apart rom their

neighbours.13 In act, the Langi did not identiy

collectively as Langi beore the nineteenth century.

Even then, the term Lango had been invented by

neighbouring Nilotes to describe someone who wasnot Lwo. Nevertheless, with the end o migration,

Lango identity began to crystallize, a process that

was perhaps accelerated by colonial administra-

tors responsible or registering tribes and drawing

administrative boundaries. Whatever the exact

character o their long migration, where the Langi

nally stopped approximately aligns today with the

Lango sub-region.

Source: GIS Research and Map Collection, Ball State Uni-versity Libraries, bsumaps.blogspot.com/2011/10/ball-state-university-libraries-maps-in.html

Ethnic Groups o Uganda



While their origins are somewhat mysterious, the

Langi have long been an agro-pastoral people.

Teir traditional mechanisms and practices are thus

tied to land and livestock. Historically, the cultiva-

tion o crops was carried out in conjunction with

raising cattle. Cattle ownership had important so-

cial and cultural implications or the Langi in ad-

dition to being a ood supply and serving as ploughanimals, herd size correlated to social status.14 Te

impoverishment o the war, and specically the cat-

tle raiding by the Karamajong, has depleted Langi

herds so dramatically that cattles centrality in the

Langi livelihood system is now much diminished.

Agriculture in Lango has operated on a subsis-

tence basis characterized by a number o limiting

eatures. First, their millet-based agriculture is ar

more labour intensive than plantain agriculture. Asa consequence, both men and women have histori-

cally worked in the elds, in contrast to the neigh-

bouring Bantu, who depend much more on banana

crops historically harvested by women. A second

challenge is the uneven distribution o annual

rainall. Similar to other Nilotic regions, there are

two seasons rather than our, the rainall coming to

a single peak, rather than two. Te dry season lasts

rom December to March, and the rainy season

rom April to November. Tis two-season pattern

limits harvests and increases the chance o shortage,

particularly in dry years.15

raditionally, the lie and work o the Langi were

organized around numerous patrilineal clans that

mediated birth and marriage, property and inheri-

tance. Clan leaders and village elders oversaw tra-

ditional rites, many o which were associated with

the sacrice or transer o livestock, and enorced

customary law provisions. Broadly speaking, iden-tity was rooted in kinship, ancestry, and obligations

to ones village.

raditional practices have eroded with the rise o

Christianity, where missionaries made deeper in-

roads than they have among, or example, the more

traditional Acholi. Te breakdown o traditional

orms o authority has been urther exacerbated by

years o internal strie. Te impoverishment and

dislocations resulting rom Ugandas post-colonialconficts has had the collateral eect o drastically

undermining the clan system and institutions that

underwrote customary practices.

Te Institution of the Paramount Chief

Te Won Nyaci (paramount chie) is, in theory,

the dominant Langi cultural leader. However, in

its current incarnation as a permanent position overy limited authority, the oce is ar dierent in

character than its historical antecedent.

Prior to colonization, the Langi did not have any

central tribal authority.16 Any cooperation among

the dierent clans was primarily or discrete goals,

such as raiding or ghting an enemy, and in such

cases the various clan leaders (Owitong) might se-

lect a paramount chie to organize or a common

purpose. In the anarchic Lango tribal system, then,the Won Nyaci was a temporary martial leader, not

a permanent administrator.

Te notion o the Won Nyaci as a provisional

leader changed ater the arrival o the British. Langi

clan leaders, operating as local administrators

within the Protectorate, sought to ampliy their

authority by proposing the institution o the Won

Nyaci as a permanent administrator responsible

or all o Lango. A Langi clan chie would, it wasthought, ll the role. Te British, however, had res-

ervations about centralizing local authority under

the auspices o a native chie. Instead, in the post-

war period, a series o political reorms reduced the

authority o the clan chies in avour o a district

council.17 Nevertheless, the vision o a permanent

Won Nyaci, as a counterbalance to centralized po-

litical authority, had been articulated. In the years

ollowing independence, the oce o the Won

Nyaci was eventually established as a permanentoce to advocate on behal o the Langi tribe, to

represent the Langi culture, and to advance tribal

solidarity.

However, rather than serving as a counterbalance

to the centralized authority o the state, the Won

Nyaci was integrated into the political scheme o

Kampala. In 1993 the NRM government acted to

reinstate traditional leaders. President Museveni

convinced parliament to amend the 1967 constitu-tion to restore tribal kingships, but only as cultural

leaders.18 Te reinstatement o cultural leaders was



ollowed shortly in 2006 by the adoption o the

policy on culture known as Te Uganda National

Culture Policy.19 Te current Won Nyaci, Adwong

Yosam Odur, is the third to hold this modern posi-

tion, and was inaugurated on December 10, 1995.

Te restoration o cultural leaders is largely viewed

by local people, as well as some national and inter-national analysts, as a political tool or the NRM

government to gain political capital and patron-

age in particular areas o the country with strong

cultural institutions; most notably in the central

region among the Baganda.20

Cultural and raditional LeadershipStructure in Lango

Te traditional system in Lango is largely struc-tured along the clan systems. Tere are 126 clans

spread throughout Lango headed by a clan leader

called Awitong (or Owitong or plural.) Each o the

Owitong is in charge o the members o their clans.

Te collective clan heads (Owitong; sing. Awitong)

nominates one o them to ll the position o Won

Nyaci. Te Owitong is assisted and supported in

their work by the various clan heads at the lower

level o the hierarchy, which ranges rom the

district, sub-county, parish, village and homestead

levels.21 Despite the existence o the dierent clans

and their leadership, the Won Nyaci is seen as the

head o the Langi people and deender o their

traditional practices.22 Te Won Nyaci relies on the

Awitong o a particular clan to reach the grassroots

and vice versa.

Te Won Nyaci is assisted by a governing council

comprised o selected Owitong. Te council is

composed o cabinet ministers and representativesrom other institutions and special interest groups

making a total o 31 members.23 Te cabinet

is composed o nine dierent sectors: Finance,

Health, Education, Gender, Culture and Security,

Agriculture, Lands, Works and echnical Services,

Ministry o the Palace and the Prime Ministers

oce o the Lango Cultural Foundation (LCF).

Te governing council has technocrats in respective

ministries to advise the ministers/committee chair-

persons on appropriate technical matters to ensure

they are on par with GoU policy and interests. Te

council is assisted by the oce o the Prime Minis-

ter who is the ocial head o the LCF.

raditional Justice Systems inLango Culture

Tere is little up-to-date literature on Langogenerally and Lango traditional justice system and

cultural practices particularly. Most o the inorma-

tion available has been drawn interviews and oral

traditions. Given the dynamics o cultural change

in evidence in Lango, it is very dicult to nd

uniorm inormation on Lango traditions, and

many practices have undergone dramatic change.24

Furthermore, local variation is evident.25 Neverthe-

less, there are large areas o general continuity, and

explicit cross-regional modalities and mechanisms.Generally speaking, traditional justice systems in

Lango exist primarily or the purpose o resolving

Structure o Lango Cultural Foundation(LCF)

Won Nyaci

Governing Council

(Te technocrats and committee members ovarious sectors headed by a Chairperson and

advised by a technocrat or each sector.)

Owitong

(Te clan heads spread throughout Lango.Tey elect the Won Nyaci,

who is drawn rom their ranks.)

Rwode

Jagi

Janjagi

Owi-Otema

(Tis is at the homestead or village level andis the lowest level o clan leadership.)



conficts within the community. Within the tradi-

tional justice system o the Lango people,

a crime committed by any member o a clan, isattributed to the whole clan and all the memberso that clan are responsible or the crime and haveto share the punishment or responsibility or thecrime. On the other hand, the person who has

been killed is also taken as a loss to the whole clanand the grie is jointly shared by the clan.26

raditional Practices for Cases ofa Grievous Nature

Driberg writes that no permanent judicial or

administrative body existed among the Lango. Te

dierence in treatment o complaints within the

system paid more attention to the communal con-

sequences and less to the actual oence suered bythe direct victim. Tus there were dierent types

o crimes and responsibility: the amily and com-

munal level and the civil and criminal level. Te

ormer related more to individual consequences

and was addressed through compensation, while

the latter had communal consequences and thus

was an oence against the entire society and, as

such, could be punishable by death. Such crimes

included incest, witchcrat, and sexual aberrations,

among others.27

Te main traditional justice mechanisms practiced

in Lango relating to cases o a grievous nature, such

as killing, are the complementary practices o Kayo

Cuk and Culo Kwor.

Culo Kworliterally means compensation or the

dead. When a crime has been committed, the

guilty one is required to make restitution. ra-

ditionally, this restitution came in the orm olivestock. For instance, someone accused o murder

would, upon the judgment o the community

elders, provide cows rom his herd or, lacking

a herd, rom his amilys to satisy the demands

o the victims amily. Up to six head would be

provided to the deceaseds next-o-kin. Culo Kwor

compensated the amily or the loss o the dead.

Kayo Cukollows. Where Culo Kworis the act o

compensation, Kayo Cukis the ritual o reconcili-

ation. It is a rite also mediated by livestock. In a

case o homicide, in addition to the six head o

cattle provided or Culo Kwor, an additional cow

normally a bull is provided by the murderer (or,

again, his amily). Te bull is ritualistically slaugh-

tered and eaten. By bringing together the amilies

o perpetrator and victim, Kayo Cukis a rite o rec-

onciliation necessary to rearm communal bonds

and avoid a harmul eud.28 Notably, the ceremony

oKayo Cukis only perormed and attended byelders; young women and children as well as the

oender are considered unt to take part.29

Both Culo Kworand Kayo Cukhave transormed

over the years, mainly due to widespread and

increased poverty. As a result, in recent times,

practices oKayo Cukare oten not perormed even

ater the ullment oCulo Kwor. Even in the case

oCulo Kwor, the recommended numbers o cattle

are sometimes not ullled and people can eitherpay less or more cattle depending on the social

status, gender and age o the victim.30 In some

cases, because o the widespread and signicant loss

o livestock due to armed raiding and the wars, and

the resulting high level o impoverishment in most

parts o Lango, Culo Kworis made using money

and not cattle. oday, it is normally the responsibil-

ity o the oenders household to make the required

payment (in terms o money or material objects)

and, in contrast to the past, clans rarely contribute.

Incidents such as death or injuries by accident

on the road and during employment by govern-

ment bodies and private companies have also

been treated under the traditional mechanisms o

Culo Kwor. Such institutions are subjected by the

deceaseds clan to pay compensation or the loss o

their member who was an employee and died due

to the employers negligence.31

Te practices oCulo Kworand Kayo Cukonly hap-

pen ater the acknowledgement and acceptance o

responsibility or the harm caused by the oender

and his/her clan. Te oender or the perpetrator is

known and accepts or takes responsibility or the

harm. His or her clan may also take responsibility

on his/her behal and thus also jointly contribute

to pay the compensation or harm caused by their

member. raditionally the process was consultative

and mediated by an approved clan mediator. Underthe practice oCulo Kwor, the Rwot Kwor (clan o-

cial responsible or compensation) was mandated



to oversee the process to nality. All the aected

clans (usually only two) agree on the appropriate

traditional justice mechanisms, which was normally

compensation (Culo Kwor) as payment or the dead

and the perormance o reconciliatory rituals (Kayo

Cuk) to mark a resh start without any bitterness

and confict.

Tus, the underlying purpose o the practices o

Kayo Cukand Culo Kwor, which are noted and

most oten reerred to as Lango traditional jus-

tice mechanisms, were primarily used to restore

individual and community ties and relationship

ater cases o a grievous nature. Remedy is limited

to compensation and usually decided and agreed

upon by the clan regardless o the magnitude and

eects o the harms on the aected amily/house-

hold. Te practices were limited mainly to cases oharms involving two clans and where a perpetrator

is known and takes responsibility or the crime/

harm caused.

Other traditional justice mechanisms, rituals or

ceremonies practiced in Lango relating to dealing

with cases o a grievous nature include:

umo Kirr A practice to stop a bad omen rombealling a person, amily or community resulting

in physical or psychological harms due to the badbehaviour or breaking o a taboo by a membero the clan/amily. Such acts may include incest,

walking naked, among others.

Wetto Piior Onyo Pii Te practice o coolingor pouring water which is perormed to restorerelationships between two or more confictingpeople who wished each other bad ortune or didsomething evil to the other.

Gatto Cen or sending away the evil spirits A

ritual perormed to drive away evil spirits in orderto ensure normalcy in the person ater they com-mitted bad acts against someone or against highlyheld belies/values o the people.

Nyonno ong Gweno A practice whose nameliterally means stepping on an egg. Tis ritualis perormed when one had been away rom theamily/community over a long period o time,usually in unknown places such as in the case o

ormerly abducted persons.32 Beore re-enteringthe amily compound or house, the returning

person is made to step on an egg with one ootand the other egg with the other oot and latercleanse with some herbs and rituals perormed on

him/her and in the house beore he/she is allowed

to enter.33 Tis practice is intended to cleanse theperson o all evil spirits or bad omens that couldbeall him/her such as sicknesses, etc. in case he/she committed some bad acts while they were

away rom the amily.34

As described above, the practices o justice within

Lango traditional justice mechanisms are gearedmore towards accountability, reconciliation and

cleansing, rather than punitive measures.

III. Response by Lango raditionalJustice Mechanisms

Te serious crimes and violations that people were

subjected to by parties to the GoU/LRA confict

were numerous, multiple and recurring. Tesecrimes and violations are well documented, well

known to those who ollow Uganda, and have been

the subject o dozens o reports and studies. A large

scale, multi-year study by OHCHR, Uganda and

the Uganda Human Rights Commission (2012)

recently ound that:

Civilian populations suered serious violationsat the hands o both the LRA and the UgandaPeoples Deense Force (UPDF) . . . including

killing, torture or cruel, inhuman or degradingtreatment, abduction, slavery, orced marriage,orced recruitment, mutilation, sexual violence,serious psychological harm, orced displacement,and pillaging, looting and destruction o prop-erty. Attacks that resulted in these violations weregenerally indiscriminate, showing no respect or

traditional or international legal norms.35

Tis section explores the ability or Lango tradi-

tional and local justice mechanisms to respond to

serious crimes committed and harms suered as aresult o GoU/LRA hostilities.

Te Local Council Courts Act Section 10 denes

the Local Council legal jurisdiction:

(1) Subject to the provisions o this Act and o anyother written law, every local council Courtshall have jurisdiction or the trial and determi-nation o

(a) causes and matters o a civil nature specied

in the Second Schedule to this Act;



(b) causes and matters o a civil nature gov-erned only by customary law specied inthe Tird Schedule;

(c) causes and matters arising out o inringe-ment o bye-laws and Ordinances dulymade under the Local Governments Act;

(d) matters specied under the Children Act;

(e) matters relating to land.

(2) In any suit relating to causes and matters speci-ed in the Second and Tird Schedules

(a) the jurisdiction o the local council courtshall, in respect o causes and matters speci-ed in the Second Schedule be restricted tocauses and matters where the value o thesubject matter in dispute does not exceedone hundred currency points;

(b) the jurisdiction o the court in respect ocauses and matters specied in the TirdSchedule shall not be restricted by the mon-etary value o the subject matter in dispute;

(3) In any suit relating to causes and matters speci-ed in the Second Schedule and in the TirdSchedule, where the court awards compensa-tion exceeding twenty ve currency points, thecourt shall reer the case to the Chie Magis-trate o the area or the purposes o executiono the order and the Chie Magistrate may,

i he or she nds that the judgment award isgrossly excessive; reduce the amount o theaward taking into account awards in similar

cases.36

As noted above, the Local Council Courts Act o

2006 prohibits local councils rom handling any

cases o criminal nature that involve crimes o a

violent nature. Any cases o criminal nature that

are brought beore LCs or traditional leaders are

expected to be reerred to a competent body withthe jurisdiction to handle such cases. I LCs and

traditional leaders were to go ahead to attempt to

handle such cases, then they would be in contra-

vention o the existing provision.

During our research, we were repeatedly told by in-

ormants in Lango that people are not reerring any

cases o serious crimes and violations committed by

parties to the confict to traditional justice mecha-

nisms within their clans or redress and remedy.

Te LCF are the custodians o the Lango tradition-

al justice system. Members o LCF we interviewed

said that any cases related to the confict that they

handled were mainly to do with reintegration needs

o ormerly abducted persons and land disputes as a

result o displacement during the confict (the latter

which comprised the vast majority o cases brought

beore the LCF).37

LCF inormants noted that ater sta rom theInternational Criminal Court brieed them on the

work o the Court, at one point, they tried to regis-

ter cases o serious crimes and violations committed

during the confict in Lango sub-region. Tey were

not able to proceed since they did not know how

to handle the issues related to required evidence.

Te LCF said that a handul o people did come

orward to register cases o alleged serious crimes

and violations, but most only had verbal accounts

and did not produce evidence such as photographs,medical reports, police reports, and LC 1 letters to

reinorce their verbal claims. Te combination o

the LCFs own lack o clarity on what to do with

the cases and the lack o documented evidence

rendered it extremely hard or traditional leaders to

register any o the cases. As a result, the LCF has

not been able to go orward to reer to the criminal

justice system cases related to serious crimes and

violations committed by parties to the LRA/GoU

confict.

We also interviewed victims, victims groups and

clan leaders on their use o traditional justice

mechanisms in order to seek remedy and redress

or serious crimes and violations by parties to the

confict and the resulting harms in our eld sites,

villages in Ogur and Okwang sub-counties. Very

ew people we interviewed in these sites reported

that they had brought any case beore traditional

justice mechanisms regarding serious crimes orviolations they suered as a result o the GoU/

LRA confict. O the ew who did bring orward

a case, all mentioned that they reerred cases with

their traditional leaders at the lower level only to

report the violations experienced and not to seek

or any orm o remedy or the crimes or viola-

tions suered.

Almost all clan leaders we interviewed acknowl-

edged that they have some records o cases o seri-ous crimes and violations suered by their mem-

bers during the confict. Te records that do exist



are primarily on deaths, abductions and persons

seriously wounded. Tis was especially the case

or sites o large-scale violence as occurred during

the massacre o hundreds o people at Barlonyo.

raditional leaders, local leaders and victims noted

that there is nothing that has been done with the

records in terms o taking any measures to address

the crimes and violations suered.

At other sites where we carried out interviews in

which the crimes and violations were more isolated

and prevalence was lower, traditional leaders said

there were no existing records o reported cases.

Te community members who reported cases with

their traditional leaders did so to obtain letters o

recommendation or acknowledgement to bring the

case orward to higher level governmental authori-

ties, particularly at the district level. Most respon-

dents mentioned receiving such letters, especially

rom their LC I (and not traditional leaders), who

are the lowest level o government representation

at the village level. Te letters served to introduce

them as residents o the areas under the particu-

lar LC I and are normally intended to help the

victim seek immediate assistance, such as medical

assistance rom NGOs. Other needs that victims

sought letters or, again rom their LC 1, were oreducation o war orphans and ormerly abducted

children, and or widows o the confict acing land

disputes.

IV. Victims and the Langoraditional Justice Systems

In this section o the report, we examine and ex-

plore victims and victims groups knowledge o the

role o traditional justice mechanisms in addressing

serious crimes and violations committed during the

confict and the resulting harms.

Tere exists very little knowledge among victims

and victims communities about the role o tra-

ditional justice mechanisms in addressing serious

crimes and violations and their eects. Very ew

people knew that theJuba Peace Agreementenvi-

sioned such a role or traditional leaders and justice

mechanisms in Lango. As a result, ew people haveseen the use in reporting any cases o serious crimes

committed during the confict and their resulting

eects to traditional leaders. O those who have

reported, they said the purpose was to make sure

that traditional leaders and local leaders such as LC

I have records o such cases that happened in their

jurisdiction during the confict, while in other cases

victims sought letters o recommendations rom

these leaders to reer their cases orward to NGOs

or assistance to try and deal with the eects o thecrimes and violations.

Te ew people who reported that they had knowl-

edge about the role o traditional leaders in deal-

ing with cases o serious crimes mainly heard the

inormation via radio programs that were broadcast

during the Juba Peace Process. Even those respon-

dents with some knowledge o the role o tradi-


and their eects said that they thought this waslimited to traditional justice mechanisms in Acholi

sub-region, and did not apply to the entire Greater

North. Tese respondents did not know that tradi-

tional justice mechanisms in Lango were included

in the provision and that Langi traditional justice

mechanisms were envisioned to be able to deal with

such cases and their atermath.

Limitations on the Capacity ofraditional Justice Mechanisms

From our studys ndings, it is clear that traditional

justice mechanisms in Lango are not in any way

handling crimes committed during the GoU/LRA

confict and their harmul eects, as envisioned in

theJuba Peace Agreementunder theAgreement on

Accountability and Reconciliation and itsAnnexure.

Our study ound that there are ve main actors

that explain this reality.

1. Politicization and Centralization oraditional Justice Mechanisms

raditionally Lango did not have any central tribal

authority. However, on occasions when the Langis

needed to act in concert i.e., to ght o a com-

mon enemy they elected a Won Nyaci (Para-

mount Chie) to unite them or a discrete time

and purpose.38 oday the oce o the Won Nyaci

is a permanent one. It was rst ormalized dur-ing the British colonial administration, and later

revitalized by the NRM government, as part o a



policy to restore traditional leaders in most parts

o Uganda, while limiting them to their cultural

roles.39 Because the Won Nyaci is a recent innova-

tion, and one promoted by a central government

that many Langis view with some suspicion, it is

not surprising that traditional authority in Lango

resides not with the paramount chie, but with the

clans and local chies. Indeed, this research suggest-ed a disconnect between the Won Nyaci and local

leaders.40 Local people in the community that were

interviewed said that the oce o the Won Nyaci is

rarely in contact with lower level traditional leaders

in the community. Others said bluntly, We have

never seen the Won Nyaci, he has never been here

and we know little about him and the work he

does. 41 However, that is not to say that local lead-

ers are necessarily viewed more generously. Someo the respondents said the same is true or their

Owitong, who are viewed as oreign to local people

and without an understanding o what people

experienced during the confict. Some respondents

said that local leaders only were elected because o

their status, wealth, and education. Some o the

Owitong are reported to live in the capital city

ar rom the sites o violence and thus are viewed

as having no capacity to appreciate and understand

what happened to people during hostilities.

In spite o the perceived shortcomings o the Won

Nyaci, and o some o the Owitong, many long

or a rejuvenation o traditional institutions. It has

been suggested that i the Won Nyaci could act to

uniy the Owitong and pursue a goal o advancing

traditional practices and rebuilding communities,

then the oce might do a great deal or re-energiz-

ing Langi culture.

2. Lack o Skills, Capacities andResources

Most respondents, including lower level traditional

leaders, reported that traditional leaders do not

have the competence, skills, capacity and resources

to handle cases o serious crimes committed during

the GoU/LRA confict and their resulting harms.

Te reasons or this are several.

First, Lango traditional justice practices are passedthrough oral knowledge and the perormance

o such ceremonies and practices is the work o

specialists within the clan. raditionally, these

people would be old men or women with vast

cultural knowledge or clan lineage heads.42 How-

ever, due to the war, impoverishment and squalid

living conditions in IDP camps, many o these

older people who were central to traditional justice

practices died, and as a result local knowledge and

resources to perorm these roles have diminishedin most rural communities in Lango. Tus, there

is a generational gap, with the younger generation

having little knowledge o local traditional justice

mechanisms, which combined with the infuences

o westernization, Christianity and modernization,

makes them even less likely to seek such measures.

Second, cases o serious crimes and their resulting

harms are subject to provisions within international

and national law, which traditional leaders saidthey have little to no understanding o, rendering

them incompetent to handle such cases even i

they were brought to their attention. Furthermore,

traditional leaders were noted as still using more

archaic methods to resolve conficts among clan

members which do not match national or interna-

tional human rights standards, such as extensive

beatings o those ound guilty.

Tird, the limitation in skills, competence andknowledge is largely attributed to traditional lead-

ers low level o education, especially among lower

level traditional leaders in the communities. A ew

Owitong are reported to be highly educated, but

most o them remain distant rom the actual victims

within their jurisdiction.43 Te selection process

to become a traditional leader does not put much

emphasis on ormal education; rather the ocus is

on local understanding and knowledge o clan his-

tory and culture. Te candidates age, gender andsometimes their position in the community also

actor strongly into being selected as a traditional

leader. Normally, older males and those regarded as

powerul (i.e., with resources to support clan work)

stand the greatest chance o being elected. Most

existing traditional leaders, especially at the lower

levels where most o the crimes were experienced

during the war, eel incapable to deal with such

cases because they see these cases as outside o theirlegitimate jurisdiction and knowledge base.



Fourth, some respondents mentioned that they eel

less inclined to report any cases o serious crimes

and their eects to the traditional leaders because

most o the leaders at the lower level are them-

selves a part o the community that was ravaged

by war. Tey too lost their children, wie, parents,

and property or were equally violated during the

war and also require someone to listen to them toprovide remedy and redress or what they suered

during the confict.44 Victims view traditional lead-

ers as lacking any additional means or capacity to

deal with the serious crimes and their atermath.

In other cases, some o the traditional leaders are

said to be so busy with their own rebuilding and

activities that they have no time to give to wider

community needs. o illustrate, some respondents

mentioned that no meeting has been called by theirtraditional leaders since they returned rom the

IDP camps to their traditional lands to either dis-

cuss issues related to the serious crimes committed

and harms suered during the confict or to address

wider community development concerns.

Fith, the involvement o traditional leaders is ur-

ther said to be complicated when it comes to pro-

viding reparation to victims o the confict. People

expect that i traditional leaders are to handle caseso serious crimes committed during the war and

their eects, then they and/or the accused and

their clan should be able to provide reparation in

the orm o compensation. Yet most respondents

acknowledge that this is impossible because o pov-

erty. However, victims maintain that eective and

prompt reparation remains important to help them

deal with the eects o the crimes and harms they

suered due to the confict.

Sixth, traditional justice mechanisms are at times

viewed by respondents as raught with ineciencies

due to corruption, biases, nepotism, and segrega-

tion. A case in point is where respondents noted

that some traditional leaders are mandated by the

people to provide inormation to access assistance,

such as educational support or those children ab-

ducted and abused during the confict. Yet a num-

ber o inormants alleged that traditional leaders

oten orward only the names o their own childrenand those o other close relatives, even i those chil-

dren did not suer the requisite crimes to qualiy

them or the assistance. Some traditional leaders

were also accused o avouring some individuals/

groups o victims over another depending on their

age, gender, status, infuence and resources. Most

oten in these cases, respondents alleged, actual

beneciaries or victims who should qualiy have

oten been let out, raising doubts on the credibility

o the traditional justice mechanisms to oer airand impartial treatment to all victims who would

come orward to seek redress and remedy rom the

system. In such cases, women and people who are

marginalized such as widows, children, orphans

and people o low social status tend to bear the

brunt o the discrimination and exclusion. Tus,

even i traditional justice systems have the capac-

ity, skills and resources to handle cases, they may

not necessarily provide the much-needed justiceand accountability that victims want and deserve.

Any support to increase their capacity to provide

remedy and reparation should keep this in mind.

3. No Codifed raditionalJustice Measures

Te lack o codied procedures to handle cases o

serious crimes and harms makes claims or redress

and remedy almost impossible or victims who may

wish to bring orward a claim.

In Lango, as noted earlier, most o the traditional

system is centred on the clan system and not the

paramount chie. Consequently, there is no central-

ized or generally codied traditional justice system

that people can use in the dierent clans across

Lango. What exists is oral knowledge known at di-

erent clan levels. Notably, there are eorts by the

LCF, Lango Cultural Heritage Project and other

NGOs/CSOs to build up a harmonized accounto the traditional practices o the Langi, but this is

still in the works and ar rom complete.45

4. Gender and Lango raditionalJustice Mechanisms

While we have highlighted key gender aspects

throughout the report, in this section we ocus on

the most important ndings related to gender in

the study. Victims o serious crimes and violations

oten hesitate to bring cases to authorities they do

not trust. Women respondents in particular men-



tioned that most traditional justice mechanisms are

biased, avouring men. For example, one woman

victim we spoke with said, Tey delay to attend

to me, maybe because I am a woman. Usually they

are aster to listen to men than women.46 Women

reported that traditional justice systems did not

accord them a air hearing or air treatment. Tey

said that their traditional justice systems were notsupportive o women who claimed to have been

harmed and who sought justice. Women com-

plained that the traditional leaders tend to avour

men whenever amily cases are brought beore

them. Tey consider men as more kin being their

brothers and relatives and they always buy beer/

alcohol or them thus compromising their ability

to remain air when handling such cases. When

women reer cases, they claim they are not giventhe same audience as men. o deter them rom

reerring cases, women are heavily ned i the case

is not ound in their avour, so oten they just give

up. Single mothers specically noted that it is even

more complicated or them to go through the sys-

tem that is oriented to patriarchy and the privilege

o men.

One o the biggest challenges acing people return-

ing rom IDP camps to their traditional lands is

conficts over land boundaries and ownership. Our

respondents noted that some traditional leaders are

conniving and participate in grabbing land rom

widows and orphans in the community. As a result,

many women we spoke with expressed little hope

that the traditional justice system would work or

issues o accountability and reconciliation in their

cases.

Violations and crimes o a sexual nature against

emales and males by parties to the confict carryheavy stigma, making such cases dicult i not

impossible to bring orward in the present set-

ting o most Lango traditional justice systems.

Normally, the hearing o cases occurs in the open,

oten under a tree, with no protection or privacy

or victims to come orward. Te traditional leaders

who comprise the body to hear the case are com-

prised o old men and, i one is lucky, a ew old

women as well. Tese elders tend to have no ormalpreparation, and shallow experience, or working in

a sensitive manner with victims o sexual violence.

Consequently, many respondents were sceptical o

the relevance and credibility o traditional justice

mechanisms to address these highly delicate cases.

5. Limitations on Holding StateActors Accountable

Provisions under theJuba Peace Agreementprohibit

bringing to account state actors alleged to have

committed serious human rights violations beore

traditional justice systems or the newly created

International Crimes Division o Ugandas High

Court stating: state actors shall be subjected to

existing criminal justice processes and not to special

justice processes under this agreement.47 Victims

o alleged violence at the hands o state ocials

may thereore (in theory) seek accountability,

redress and remedy through the national court sys-tem, while those alleging violence by the UPDF or

their associated militia are expected to bring their

cases beore the UPDF Military Courts. Te mili-

tary court, in particular, seems dicult or civilian

victims to access. Victims appear unclear about

how civilians can press cases in a military court

and i they did, they doubt the courts rigor and

objectivity, especially regarding cases o violence

allegedly perpetrated during the war, including

sexual violence. Furthermore, the military courtsare viewed by local civilians to lack transparency.

Tey are viewed as not readily accessible to civilians

and many civilians who have tried to use them to

seek justice report a climate o non-responsiveness,

hostility, intimidation and impunity or alleged

perpetrators.

V. Conclusion

Victims have a clearly established right to remedy

and reparation or serious violations o interna-

tional human rights law and international humani-

tarian law. Remedy encompasses the right to: equal

and eective access to justice; adequate, eective

and prompt reparation or harm suered; access

to relevant inormation concerning violations and

reparation mechanisms; and access to air and im-

partial proceedings. Reparation is a part o remedy.

Reparation has ve components: (1) restitution(seeking insoar as possible to restore victims to

their original state prior to the violations, including



ing cases o serious crimes committed by parties to

the confict and their resulting harms, how can the

present deciencies, gaps and challenges be ad-

dressed? And, perhaps more importantly, given that

it appears that the majority o victims seeking re-

dress and remedy were envisioned underJuba Peace

Agreementto use traditional justice mechanisms,

and we can see that in Lango this is unrealistic, andthe Amnesty Act has (seemingly) cut o the ormal

criminal courts as a site o justice or victims, what

avenues or real redress and remedy now exist or

victims?

I traditional justice mechanisms are to have any

meaningul impact on helping victims o the GoU/

LRA hostilities, and particularly victims o seri-

ous crimes to realize their rights to remedy and

reparation, eorts need to be made to determinewhat traditional justice systems can do based on

what they are actually capable o doing, not based

on what people wish they could do. Additionally,

serious consideration should be given to determine

i these systems are unable to provide remedy and

reparation, what systems will be put in place to en-

able victims o serious crimes to realize their rights

to redress under international and Ugandan law.

land restitution); (2) compensation or economi-

cally-assessable damage; (3) rehabilitation (ensuring

access to medical and psychological care and legal

and social services); (4) satisaction (measures such

as attested public disclosure o the acts around

disappearances, abductions and killings; identica-

tion and burial o the dead; and apologies rom and

sanctions against perpetrators); and (5) guaranteeso non-repetition.48

TeJuba Peace Agreement, under Agenda Item

Tree, conrms victims right to remedy and

reparation or victims o serious crimes and viola-

tions committed in the GoU/LRA confict. Te

idea under Agenda Item Tree was that traditional

justice mechanisms would play an important role

in partially helping victims o serious crimes and

violations realize their rights to remedy and repara-tion. However, our study o nds that currently,

traditional justice mechanisms in Lango sub-region

are unable to provide any remedy or reparation or

such victims, with an even more complicated situa-

tion or emale victims who suered gender-related

crimes such as sexual violence.

Te central questions thus remain, i traditional

justice mechanisms are to be eective in address-




Endnotes

raditional Justice mechanisms, such as Culo Kwor, Mato1.Oput, Kayo Cuk, Ailuc and onu ci Koka and others arepractices in the communities aected by confict, shall bepromoted, with necessary modications, as a central parto the ramework or accountability and reconciliation.

Agreement on Accountability and Reconciliation (Clause3.1).

2. Annexure to the Agreement on Accountability and Reconcili-ation (Clause 20).

Lango sub-region is made up o the districts o Alebtong,3.Amolatar, Apac, Dokolo, Kole, Lira, Oyam and Otuke.

J.H. Driberg4. Te Lango: A Nilotic ribe o Uganda(Lon-don: Adelphi errace, 1923), 204.

5. Agreement on Accountability and Reconciliation (Clause3.1) and itsAnnexurestates that traditional justice mecha-nisms such as Culo Kwor, Mato Oput, Kayo Cuk, Ailucand onu ci Koka and others a practiced in the com-

munities aected by the confict, shall be promoted, withnecessary modications, as a central part o the rameworkor accountability and reconciliation.

On 21 February 2004, the LRA attacked the camp at6.Barlonyo killing hundreds o people.

raditional Justice mechanisms, such as Culo Kwor, Mato7.Oput, Kayo Cuk, Ailuc and onu ci Koka and others arepractices in the communities aected by confict, shall bepromoted, with necessary modications, as a central part othe ramework or accountability and reconciliation.Agree-ment on Accountability and Reconciliation (Clause 3.1).

8. Annexure to the Agreement on Accountability and Reconcili-

ation (Clause 20).

Te bulk o northern Ugandas population is made up o9.either the Nilotes or the Para-Nilotes (also called Nilo-Hamites). Tere are a number o linguistic subdivisions

within each o the two groups. In northern Uganda theNilotic Southern Lwo includes the Alur, Acholi, and theKenyan Luo. Tey are now ully separate rom NorthernLwo o South Sudan, which include the Shilluk. Te Para-Nilotic peoples o Uganda include the Iteso, Karimojong,Dodos, Jie, and urkana. Proximity and cultural exchangemake it dicult to isolate traits specic to either theNilotic or Para-Nilotic peoples, but generally speakingthe Southern Lwo (Nilotic) social organization is basedon segmentary systems o descent groups, whereas thePara-Nilotes depend more on age or generation groups,and tend more to pastoralism than their Nilotic peers. Seeosh (1978).

Driberg (1923), 25.10.

John osh,11. Clan Leaders and Colonial Chies in Lango(Oxord: Clarendon Press, 1978), 2526.

Driberg (1923), 31.12.

osh (1978), 33.13.

Richard Curley,14. Elders, Shades, and Women (Berkeley:University o Caliornia Press, 1973), 19.

osh (1978), 22.15.

Driberg (1923), 204.16.

osh (1978), Cherry Gertzel,17. Party and Locality inNorthern Uganda, 19451962(London: Athlone Press,University o London, 1974).

See International Crisis Group (ICG) Arica Report No.18.187, Uganda: No Resolution to the Growing ensions(Nai-robi, 5 April 2012), 8.

Ministry o Gender Labour and Social Development19.(MoGLSD), Te Uganda National Culture Policy(Kam-pala, December 2006)

International Crisis Group (ICG), 8.20.

See the structure o Lango Cultural Foundation.21.

Driberg (1923), 204.22.

Tere is one emale representation in the cabinet o LCF23.and she is the current Minister or Education.

In the past, in case o murder o one member o the clan,24.the victims clan would revenge by committing anotherkilling in the oending clan. Over time, the practice

changed to a situation where a killing/murder wasrevenged/compensated by abducting a young lady (nearpuberty) rom the oending clan with the hope that she

would produce a boy to replace the one who was killed.See Concerned Parents Association in conjunction withLango Cultural Foundation,A Book on Lango raditional

Justice Mechanisms(Kampala, 2008), 15. See also theMoGLSD, Te Uganda Culture Policy(Kampala, 2006), 6.

Concerned Parents Association in conjunction with Lango25.Cultural Foundation, 2.


Driberg (1923), 208.27.

Nearly a century ago, Driberg (1923) observed similar28.processes o compensation and reconciliation. He sug-gested that blood payments were likely adopted to avoidthe drawn-out confict that would ensue i amends werenot quickly made. He wrote: Originally, killing, whetheraccidental or deliberate, immediate or protracted, wasconsidered an act o war and not o arbitrament, and therelatives o the deceased would raid the murderers village,taking blood or blood and as much more as they could.Frequently a eud o this nature would last several genera-tions, and many years might elapse beore vengeance istake or want o a good opportunity. It is not clear whenor how the custom o making a blood payment origi-nated, but it is very ancient, and probably arose rom themurderers amily with the intention o staving o a raid(210).


When the dead person is a child, compensation may be30.lower. In the case o death o a person o low social statusin the community, the compensation is normally lesstoo. In the case or the death o a woman where marriage

was not concluded, the clan o the husband may only bedemanded to complete marrying the dead woman (i.e.,paying the amily the ull bride price). Concerned Parents



Association in conjunction with Lango Cultural Founda-tion, 1516.





United Nations Oce o the High Commissioner or35.Human Rights (UN OHCHR), Uganda and the UgandanHuman Rights Commission (UHRC), Te Dust Has NotYet Settled: Victims Views on Remedy and Reparation inthe Greater North, Uganda(Geneva and Kampala, 2011).

Available at http://www.ohchr.org/Documents/Press/Web-Stories/DustHasNotYetSettled.pd

See36. Te Local Council Courts Act, 2006(Kampala, 2006),8. Under Schedule One oTe Local Council Courts Act,

2006a currency point is equivalent to twenty thousandshillings (Te Local Council Courts Act, 2006, 20). UnderSchedule wo oTe Local Council Courts Act, 2006(p.21); cases and matters o a civil nature which may be tri-able by Local Council Courts are (1) debts, (2) contracts,(3) assaults or assault and battery, (4) conversion, (5) dam-age to property and (6) trespass. Under Schedule Tree oTe Local Council Courts Act, 2006(p. 22); Civil Disputesgoverned by Customary Law, triable by Local CouncilCourts are; (1) disputes in respect o land held under cus-tomary tenure; (2) disputes concerning marriage, maritalstatus, separation, divorce or the parentage o children; (3)

disputes relating to the identity o a customary heir; and(4) customary bailment.

Te LCF is collaborating with government organs such37.as Local Councils at all levels, the Local Council TreeCourts and in some cases with the ormal courts to handleland related cases as a result o escalating land disputes inmost rural community ater the war. In handling land cas-es, the traditional justice mechanisms are oten aced withthe challenges o corruption, bribery, biases among othersor some cases are too complex or the mechanisms to deal

with thus the LCF reers them to ormal mechanisms.

Driberg (1923), 204.38.

International Crisis Group.39.

Tis disconnect is urther borne out by unding. In con-40.trast to other traditional institutions in Uganda, the WonNyacis budget is supported not by local (i.e., Langi) con-tributions, but by the central government. Consequently,the Won Nyaci is seen as a servant o the President, not ohis own people.

Field interview with the LC I Committee (7 members; 241.emales and ve makes) Oyiramyem Village, Okwang SubCounty, 14 July 2009. See also eld interview with the LCIII Chairperson o Okwang Sub County, 15 July 2009.


Respondents mentioned that most Owitong (clan leaders/43.heads) who are well educated or relatively well placed livevery ar away rom them, some stay in the Capital in Kam-pala with little to no understanding o what their subjectsencountered during the war. Some victims mentioned

that the act that some o their traditional leaders neverexperienced the war with them renders them incompetentto handle the cases o grave crimes which they experi-enced. Te lower level clan leaders who live with them inthe villages also are not able to handle the cases or manyactors already noted, even though they lived with theircommunities during the war.

Field Interview in Barlonyo village, 11 April 2009.44.

Te clan used to handle cases o grave nature such as45.those o un-wilul killings especially within the clan andsometimes between two clans and the perpetuator

would be known and not more complex cases as those

witnessed during the LRA/GoU where the perpetuatorsare unknown.

Field Interview in Barlonyo Village, emale victim, 6 April46.2009.

47. Agreement on Accountability and Reconciliation (Clause4.1).

48. Basic Principles and Guidelines on the Right to a Remedyand Reparation or Victims o serious Violations o Interna-tional Human Rights Law and International HumanitarianLaw,A/RES/60/147.



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114 Curtis Street

Somerville, MA 02144

USAtel: +1 617.627.3423

fax: +1 617.627.3428