Manual for the adjudication of Traditional Justice in Uganda

The Manual for the Adjudication of Traditional Justice in Uganda is a significant project undertaken by the Uganda Law Reform Commission (ULRC) in collaboration with the Justice Law and Order Sector (JLOS). The manual aims to provide comprehensive operational guidelines for the use of Traditional Justice Mechanisms (TJMs) and Informal Justice Systems (IJS) in the context of Transitional Justice Law.

Drawing from the findings of a previous study on Traditional Justice and Truth Telling and National Reconciliation in 2013, the manual seeks to establish a framework that promotes the application of traditional and informal justice systems for dispute resolution while ensuring justice, peace, and reconciliation. By doing so, it addresses the need to reduce inconsistencies, unpredictability, and discrimination that sometimes characterize TJMs and IJS.

The study revealed the invaluable role played by traditional justice systems in resolving conflicts and disputes, particularly among disadvantaged populations in conflict and post-conflict environments where formal justice systems may be inaccessible or inoperative. Consequently, the manual advocates for the formal recognition of traditional justice as a complementary arm of administering justice to improve dispute resolution strategies.

Key areas addressed in the manual include the adherence to human rights values, ensuring that the use of rites, rituals, and ceremonies does not violate the rights of individuals and communities but instead contributes to peace, harmony, and restoration of society. Additionally, the manual will focus on issues of accountability in the dispensation of informal justice, confidentiality, gender considerations, record-keeping of proceedings, 'best interest of the child', non-discrimination, victim rights, and witness protection. It will also emphasize the importance of continuity in traditional justice mechanisms and the full involvement of women and children in decision-making concerning conflict prevention and resolution.

In the preparation of the manual, the project will involve documentary reviews, working group meetings, and stakeholder engagements, while strictly adhering to COVID-19 SOPs. The goal is to create a valuable resource that will ensure uniformity and acceptable standards in the adjudication of traditional justice during the implementation of Transitional Justice Law in Uganda.