Danida-Human Rights and Good Governance Programme (HUGGO)

and the Legal Aid Basket Fund (LABF)

OPTIONS FOR ENHANCING ACCESS TO JUSTICE, AND

IMPROVING ADMINISTRATION OF LAW AND ORDER IN
KARAMOJA

A study Report prepared

by

Frank Emmanuel Muhereza (Social Science Consultant and Team Leader)

Deborah Ossiya (Legal Consultant)
Irene Ovonji-Odida (CSO Consultant)

22 December 2008
(REVISED FINAL REPORT)
Submitted to Danida-Human Rights and Good Governance Programme (HUGGO),
P.O. Box 8772, Kampala

ii
 Com mu nitie s Con s ulte d d u ring the Le g a l Aid Ba s ke t Fun d (LABF) s tu d y on
SUDAN "Optio ns for En ha n c ing Ac c e s s to J u s tic e in Ka ra m oja "
Ma rc h-April 2008

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iii
 TABLE OF CONTENTS

MAP OF KARAMOJA SHOWING LOCATION OF COMMUNITIES CONSULTED…………….. I

ABBREVIATIONS AND ACRONYMS ………………..……………………………………………. VIII
EXECUTIVE SUMMARY ………...
……………………………………………………………………..XI
1 INTRODUCTION...................................................................................................................1
2 METHODOLOGY................................................................. 2
2.1 SECONDARY DATA SOURCES................................................................................................3
2.1.1 PUBLISHED AND UNPUBLISHED LITERATURE SOURCES.......................................3
2.1.2 CASE MATERIALS FROM THE HIGH COURTS IN MBALE AND SOROTI....................3
2.2 PRIMARY SOURCES OF DATA...............................................................................................4
2.2.1 KEY INFORMANT INTERVIEWS............................................................................4
2.2.2 COMMUNITY FOCUSSED GROUPS DISCUSSIONS..................................................7
2.2.3 PARTICIPATION IN AKIRIKET (COUNCIL OF ELDERS MEETING)............................7
2.2.4 PEER REVIEWS...................................................................................................8
2.3 VALIDATION/FEEDBACK WORKSHOPS..............................................................................8
2.4 CHALLENGES............................................................................................................................8

3 ACCESS TO JUSTICE AND THE ADMINISTRATION OF LAW AND

ORDER IN KARAMOJA - A CONTEXT ANALYSIS...............................9
3.1 JUSTICE ADMINISTRATION IN KARAMOJA: A HISTORICAL BACKGROUND...........9
3.2 THE JUSTICE, LAW AND ORDER SECTOR (JLOS) IN UGANDA...................................13
3.3 ACCESS TO JUSTICE: SOME THEORETICAL PERSPECTIVES....................................15
3.3.1 DEFINING JUSTICE, INJUSTICE AND ACCESS TO JUSTICE..................................15
3.3.2 INTEGRATING FORMAL AND TRADITIONAL JUSTICE SYSTEMS...........................17
3.4 LINKING ‘ACCESS TO JUSTICE’ AND DEVELOPMENT IN KARAMOJA....................18
3.4.1 ACCESS TO JUSTICE AND POVERTY IN KARAMOJA.............................................19
3.4.2 ACCESS TO JUSTICE AND SUSTAINABLE LIVELIHOODS......................................20
3.4.3 SECURITY AND ACCESS TO JUSTICE..................................................................21
3.5 ACCESS TO JUSTICE AND LEGAL AID IN KARAMOJA..................................................22

4 THE CURRENT DYNAMICS OF THE TRADITIONAL JUSTICE SYSTEM

IN KARAMOJA..................................................................... 23
4.1 THE SOCIAL ORGANISATION OF THE KARAMOJONG.................................................23
4.1.1 THE HOUSEHOLD/FAMILY UNIT........................................................................24
4.1.2 THE CLANS AND SUB-CLANS.............................................................................25
4.1.3 THE GENERATION-SET AND AGE-SET SYSTEM IN KARAMOJA.............................26
4.2 STRUCTURES AND INSTITUTIONS INVOLVED IN TRADITIONAL JUSTICE
ADMINISTRATION................................................................................................................................29
4.2.1 THE COUNCIL OF ELDERS’ (‘AKIRIKET’).............................................................30
4.2.2 THE SENIOR ELDERS ANNUAL RETREAT (AKILILING).........................................34
4.2.3 THE SMALL MORNING GATHERING (ETEM)........................................................35
4.2.4 THE COMMUNITY COURT (EKOKWA).................................................................35
4.2.5 THE DISCIPLINARY FORA (AMETO)...................................................................38
4.2.6 THE GOVERNMENT REPRESENTATIVES’ MEETING (‘EIKIIKO’).............................39
4.2.7 THE FIRE PLACE GATHERING OF CLOSE FAMILY (‘APERIT’)................................39
4.2.8 RITUALS PERFORMED FOR RAIN (‘AKILAL AKIRU’).............................................39
4.3 THE FUNCTIONING OF THE TRADITIONAL JUSTICE SYSTEMS...............................40
4.3.1 UNDERLYING PRINCIPLES OF KARAMOJONG TRADITIONAL JUSTICE SYSTEM.....40

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 4.3.1.1 INVIOLABILITY OF THE WISDOM OF THE KARAMOJONG SENIOR ELDERS...............40
4.3.1.2 PUNISHING THE CRIME AND NOT THE PERSON......................................................42
4.3.1.3 LOOKING OUT TO EACH OTHER FOR THE COMMON GOOD OF ALL.........................43
4.3.1.4 THE PROMOTION OF RECONCILIATION AND ‘WIN-WIN’ SITUATIONS.....................44
4.3.1.5 FOCUSING ON CRIME PREVENTION AND DETERRENCE...........................................45
4.3.2 COLLATING EVIDENCE IN THE TRADITIONAL JUSTICE SYSTEM..........................46
4.3.3 COMMON OFFENCES CONSIDERED UNDER THE TRADITIONAL JUSTICE SYSTEM 48
4.3.4 SENTENCES EXECUTED BY COMMUNITY COURTS: SELECTED CASE STUDIES......52
4.3.4.1 DEATH BY HANGING OF LOKIRU AT NAKORISAT VILLAGE, KOKUWAN PARISH........52
4.3.4.2 UNLAWFUL CONFINEMENT OF AMEI AT NACELE VILLAGE, NAPIANANYA PARISH.....53
4.3.5 DRAWING LESSONS FROM THE TRADITIONAL JUSTICE SYSTEM........................54
4.3.5.1 THE VISIBILITY OF TRADITIONAL JUSTICE............................................................54
4.3.5.2 THE IMMEDIACY AND EXPEDIENCY IN TRADITIONAL JUSTICE................................55
4.3.5.3 FLEXIBILITY AND PRAGMATISM OF THE TRADITIONAL JUSTICE DISCOURSE..........55
4.3.5.4 POLITICAL CONTROL AND THE POWER OF ‘CULTURE’/’TRADITION’........................56
4.4 COMMUNITY PERCEPTIONS OF COMMON CAUSES OF INJUSTICES IN
KARAMOJA.............................................................................................................................................57
4.4.1 INJUSTICES AS PERCEIVED BY DIFFERENT KARAMOJONG GROUPS....................57
4.4.1.1 PERCEPTIONS OF INJUSTICES...............................................................................57
4.4.1.2 INTRA-COMMUNITY DISPUTES AND INJUSTICES....................................................58
4.4.1.3 GROUPS THAT DEFINE THE LACK OF ACCESS TO JUSTICE AS A PROBLEM...............59
4.4.1.4 TARGET GROUPS DIRECTLY AFFECTED BY LACK OF ACCESS TO JUSTICE................60
4.4.1.5 THE CAUSES AND FACTORS EXACERBATING CONFLICT AND INJUSTICES................61
4.4.2 LIVESTOCK THEFT AND RAIDING/RUSTLING.....................................................62
4.4.3 INTERVENTIONS THAT UNDERMINE SUSTAINABILITY OF PASTORALISM............65
4.4.4 CONFLICTS OVER OWNERSHIP AND USE OF NATURAL RESOURCES....................66
4.4.4.1 NATURAL RESOURCE OWNERSHIP AND NATURAL RESOURCE USE CONFLICTS........66
4.4.4.2 LAND DISPUTES AND CONFLICTS..........................................................................67
4.4.5 INTENSIFICATION OF INTRA AND INTER-ETHNIC DIFFERENCES........................67
4.4.6 INEQUITY AND INEQUALITY IN THE TRADITIONAL JUSTICE SYSTEM.................69
4.4.6.1 DEMOCRACY LIMITATIONS IN TRADITIONAL GOVERNANCE INSTITUTIONS............69
4.4.6.2 THE EXCESSES OF THE TRADITIONAL JUSTICE SYSTEMS.......................................70
4.4.6.3 ARTICULATION OF RELATIONS OF POWER IN TRADITIONAL JUSTICE SYSTEMS......71
4.4.6.4 MINORITY SUB-ETHNIC GROUP RIGHTS UNDER TRADITIONAL JUSTICE SYSTEMS. .71
4.4.7 INJUSTICES ASSOCIATED WITH DISARMAMENT BY THE UPDF...........................72
4.4.7.1 CRUEL, INHUMAN AND DEGRADING TREATMENT (CIDT) DURING DISARMAMENT. . .72
4.4.7.2 THE IMPOVERISHMENT OF THE KARAMOJONG.......................................................74
4.4.7.3 THE CONFISCATION OF STOCK BY THE UPDF.........................................................74
4.4.7.4 GENDER OUTCOMES OF DISARMAMENT.................................................................75
4.4.8 INJUSTICES ASSOCIATED WITH AN INEFFECTIVE JLOS IN KARAMOJA................75
4.4.8.1 LIMITATIONS OF THE FORMAL JUSTICE SYSTEM....................................................75
4.4.8.2 HOW POLICE FUNCTIONALITY UNDERMINES ACCESS TO JUSTICE IN KARAMOJA....75
4.4.8.3 THE PREVALENCE OF ‘FEAR’, ‘INTIMIDATION’ AND ‘BLACKMAIL’.............................76
4.4.9 GENDER AND GENERATIONAL INJUSTICES UNDER THE TRADITIONAL SYSTEM. .77
4.4.9.1 INJUSTICES SUFFERED BY KARAMOJONG WOMEN..................................................77
4.4.9.2 INJUSTICES AFFECTING KARAMOJONG YOUTH AND CHILDREN..............................82
4.4.9.3 INJUSTICES SUFFERED BY THE ELDERLY IN KARAMOJA.........................................83
4.5 CHALLENGES ENCOUNTERED IN THE TRADITIONAL JUSTICE SYSTEM..............83
4.5.1 DEFINITION, CONCEPTUALISATION AND AWARENESS OF RIGHTS.....................83
4.5.2 CHIPPING AWAY AT THE AUTHORITY OF THE SENIOR ELDERS..........................83
4.5.3 DOUBLE JEOPARDY IN DUAL JUSTICE SYSTEM..................................................87
4.5.4 STANDARD OF PROOF IN TRADITIONAL JUSTICE SYSTEMS................................87
4.5.5 VICARIOUS LIABILITY AND COLLECTIVE PUNISHMENT......................................88
4.5.6 BURDEN OF PROOF IN TRADITIONAL JUSTICE SYSTEMS....................................89
4.5.7 PREFERENCE FOR BLOOD COMPENSATION........................................................89
4.5.8 THE OUTBREAK OF MOB JUSTICE......................................................................93

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 4.6 ADDRESSING CHALLENGES ENCOUNTERED IN TRADITIONAL JUSTICE
SYSTEMS.................................................................................................................................................93
4.6.1 SECONDARY LEGAL AID FOR HUMAN RIGHTS AWARENESS AND EDUCATION......93
4.6.2 IMPROVING THE FUNCTIONING OF TRADITIONAL JUSTICE STRUCTURES..........93
4.6.3 MITIGATING THE EXCESS IN THE TRADITIONAL JUSTICE SYSTEMS...................94
4.6.4 IMPROVING THE PERFORMANCE OF THE FORMAL JUSTICE SYSTEM...................95

5 THE CURRENT DYNAMICS OF THE FORMAL JUSTICE, LAW AND

ORDER SECTOR (JLOS) IN KARAMOJA.........................................95
5.1 THE POLICE.............................................................................................................................96
5.1.1 THE ROLE OF THE POLICE IN ENHANCING ACCESS TO JUSTICE.........................96
5.1.2 THE DIRECTOR OF PUBLIC PROSECUTIONS’ OFFICE..........................................98
5.2 THE JUDICIARY......................................................................................................................98
5.2.1 THE ROLE OF THE JUDICIARY IN ENHANCING ACCESS TO JUSTICE....................98
5.2.2 THE NATURE OF COURTS OPERATING IN KARAMOJA.........................................99
5.2.3 THE NATURE OF CASES BROUGHT TO FORMAL COURTS IN KARAMOJA..............99
5.2.4 THE UGANDA LAW COUNCIL...........................................................................100
5.2.5 STRENGTHENING THE FUNCTIONING OF THE JUDICIARY................................101
5.3 THE PRISONS........................................................................................................................101
5.3.1 THE MANDATE OF PRISONS............................................................................101
5.3.2 THE ROLE OF THE PRISONS IN ENHANCING ACCESS TO JUSTICE.....................102
5.3.3 THE POTENTIAL FOR A COMMUNITY SERVICE PROGRAMME IN KARAMOJA.......103
5.4 CHILDREN’S ISSUES AND PROBATION ACTIVITIES IN KARAMOJA......................104
5.4.1 THE PROBATION OFFICE IN KARAMOJA...........................................................104
5.4.2 MAIN INJUSTICES AFFECTING CHILDREN........................................................104
5.4.3 BLENDING FORMAL AND TRADITIONAL JUSTICE SYSTEMS IN PROBATION.......105
5.5 THE ROLE OF LOCAL COUNCILS AND CHIEFS...........................................................105
5.5.1 THE MANDATE OF LOCAL COUNCILS...............................................................105
5.5.2 LOCAL COUNCILS AND ACCESS TO JUSTICE IN KARAMOJA...............................106
5.6 CHALLENGES FACED BY JLOS ACTORS IN JUSTICE ADMINISTRATION.............109
5.7 OTHER KEY ACTORS WHOSE WORK IS CRITICAL FOR ENHANCING ACCESS TO
JUSTICE IN KARAMOJA....................................................................................................................113
5.7.1 MEDICAL PRACTITIONERS...............................................................................113
5.7.2 THE UGANDA HUMAN RIGHTS COMMISSION (UHRC)........................................114
5.7.3 THE UGANDA PEOPLE’S DEFENCE FORCES (UPDF)...........................................114
5.7.4 THE MILITARY COURT MARTIAL (MCM)...........................................................117
5.7.5 THE CIVIL-MILITARY COORDINATION CENTRES (CMCC)..................................118
5.7.6 DISTRICT AND SUB-COUNTY LOCAL GOVERNMENTS........................................121
5.7.7 DISTRICT LAND OFFICES AND LAND BOARDS..................................................121
5.8 ACCESSING JUSTICE FROM MBALE AND SOROTI HIGH COURTS: EMERGING
ISSUES 121
5.8.1 THE STATUTORY LAWS UTILIZED IN HANDLING CASES FROM KARAMOJA........121
5.8.2 CASES FROM KARAMOJA HANDLED BY HIGH COURTS IN MBALE AND SOROTI. .122
5.8.3 AVAILABILITY AND ACCESSIBILITY OF SERVICES.............................................124
5.8.4 QUALITY OF JUSTICE AVAILABLE TO THE PEOPLE FROM KARAMOJA................125
5.8.5 ANALYSIS OF THE VARIOUS LEGISLATION BEING APPLIED IN KARAMOJA.........126

6 THE ROLE CIVIL SOCIETY ORGANISATIONS IN ENHANCING ACCESS

TO JUSTICE IN KARAMOJA....................................................136
6.1 THE NATURE AND CONTRIBUTION OF CIVIL SOCIETY IN KARAMOJA................136
6.1.1 EXISTING CSO PROGRAMS RELATED TO ACCESS TO JUSTICE..........................136
6.1.2 CHARACTERISTICS OF CIVIL SOCIETY ORGANIZATIONS IN KARAMOJA............137
6.1.3 MANAGEMENT AND GOVERNANCE ISSUES IN CSOS ENCOUNTERED.................139

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 6.2 CSO PROGRAMS AND LINKS ESTABLISHED TO ENHANCE ACCESS TO JUSTICE
141
6.2.1 GRASSROOTS COMMUNITIES..........................................................................141
6.2.1.1 THE NATURE OF COMMUNITY STRUCTURES ESTABLISHED BY CSOS.....................141
6.2.1.2 STRUCTURE OF BUSINESS ORGANISATIONS........................................................143
6.2.2 LINKS ESTABLISHED WITH ACTORS IN THE JLOS............................................143
6.2.3 LINKS ESTABLISHED WITH POLITICAL AND ADMINISTRATIVE STATE ACTORS..144
6.3 LEGAL AID PROGRAMMES BY CIVIL SOCIETY ORGANISATIONS...........................146
6.3.1 ANALYSING CSO LEGAL AID ACTIVITIES..........................................................146
6.3.2 CHARACTERISTICS OF A GOOD LASP FOR KARAMOJA......................................147

7 PROPOSALS FOR A SUSTAINABLE MODEL FOR ENHANCING ACCESS

TO JUSTICE IN KARAMOJA....................................................155
7.1 A RECAP OF KEY ACCESS TO JUSTICE ISSUES IN KARAMOJA................................155
7.1.1 INEFFECTIVENESS OF THE FORMAL JUSTICE, LAW AND ORDER SYSTEM AND
GAPS IN THE TRADITIONAL........................................................................................155
7.1.2 MARGINALIZATION OF KARAMOJONG LIVELIHOODS........................................157
7.1.3 LACK OF GOOD GOVERNANCE.........................................................................158
7.1.4 ENDEMIC ARMED CONFLICT AND INSECURITY.................................................158
7.1.5 FAILURE OF CSOS TO PRIORITIZE ACCESS TO JUSTICE NEEDS OF KARAMOJA..159
7.2 A COMPARISON OF STRUCTURES WITHIN THE FORMAL AND INFORMAL
CRIMINAL JUSTICE SYSTEMS.........................................................................................................160
7.2.1 THE DUALISTIC NATURE OF THE JUSTICE SYSTEM IN KARAMOJA....................160
7.2.2 KEY PRINCIPLES FOR BRIDGING FORMAL AND INFORMAL JUSTICE SYSTEMS.. .162
7.2.3 RECOMMENDATIONS ON HOW TO INTEGRATE THE FORMAL AND INFORMAL
JUSTICE SYSTEMS......................................................................................................162
7.3 ENTRY POINTS FOR A MODEL TO ENHANCE ACCESS TO JUSTICE IN KARAMOJA
165
7.3.1 STRENGTHENING LEGAL AID...........................................................................165
7.3.2 STRENGTHENING CAPACITY OF JLOS INSTITUTIONS.......................................168
7.3.3 HOW CSOS CAN INFLUENCE ACCESS TO JUSTICE AND LEGAL AID....................168
7.3.4 STRENGTHENING THE CAPACITY OF LOCAL GOVERNMENTS............................170
7.3.5 ENGAGEMENT AND BUILDING SYNERGIES BETWEEN THE FORMAL AND
TRADITIONAL JUSTICE SYSTEMS................................................................................170
7.3.6 PROMOTING SUSTAINABLE LIVELIHOODS INTERVENTIONS.............................172
7.3.7 COMMUNITY MOBILISATION, SENSITISATION AND EDUCATION.......................172
7.4 POSSIBLE OPTIONS FOR ENHANCING ACCESS TO JUSTICE IN KARAMOJA.......173
7.4.1 PRINCIPLES OF A GOOD MODEL FOR ENHANCING ACCESS TO JUSTICE............173
7.4.2 ANALYSIS OF AVAILABLE OPTIONS FOR ENHANCING ACCESS TO JUSTICE........176
7.4.3 RECOMMENDED MODEL FOR ENHANCING ACCESS TO JUSTICE IN KARAMOJA. .180
7.5 THE MONITORING AND EVALUATION FRAMEWORK................................................185
7.5.1 WHAT WILL BE MONITORED?..........................................................................185
7.5.2 HOW WILL THE MONITORING BE DONE?.........................................................187

8 SELECTED REFERENCES...............................................................................................188

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 ABBREVIATIONS AND ACRONYMS

ABEK : Alternative Basic Education for Karamoja

ADOL : Action for Development of Local Communities
ADRA : Adventists Development Relief Agency
AIDS : Acquire Immune Deficiency Syndrome
ASTU : Anti-Stock Theft Unit
C&D : Italian Co-operation and Development
CAO : Chief Administrative Officer
CBO : Community-based Organisation
CDO : Community Development Officers
CFPU : Child and Family protection Unit
CID : Criminal Investigations Department
CIDT : Cruel, Inhuman and Degrading Treatment
CLA : Centre for Legal Assistance
CLO : Community Liaison Officer
CMCC : Civil-military Coordination Centres
COU : Church of Uganda
CRB : Criminal Record Books
CSO : Civil Society Organisations
CUAMM : University College for Aspiring Missionary Doctors (or ‘Doctors with
Africa’)
CWA : Community Wildlife Area
DADO : Dodoth Agro-Pastoral Development Office
DANIDA : Danish Agency for International Development
DCA : Dan Church Aid
DFID : Department for International Development
DISO : District Internal Security Officer
DLB : District Land Boards
DLO : District Land Offices
DLT : District Land Tribunals
DPC : District Police Commander
DPP : Directorate of Public Prosecution
EALA : East African Legislative Assembly
FBOs : Faith-based organisations
FGD : Focus Group Discussions
FHRI : Foundation for Human Right Initiatives
FIDA : Association of Women Lawyers in Uganda
GISO : Gombolola Internal Security Officer
HIV : Hormone Immune Virus
IDP : Internally Displaced People’s
IGAs : Income Generating Activities
IGP : Inspector General of Police
INGO : International Non-Governmental Organizations
IRC : International Rescue Committee
ISO : Internal Security Officer
JLOS : Justice, Law and Order Sector
JSC : Judicial Services Commission
KACHEP : Karamoja Christian Ethno-Veterinary Project
KADP : Karamoja Agro-pastoral Development Program
KAPDA : Kaabong Pastoral Development Association

viii
KIDDP : Karamoja Integrated Disarmament and Programme
KISP : Karamoja Initiative for Sustainable Peace
KITENEP : Karamoja Integrated Education Program
KOPEIN : Kotido Peace Initiative
KOTA : Kotido Traders Association
LABF : Legal Aid Basket Fund
LAC : Legal Aid Clinic
LAP : Local Administration Police
LASP : Legal Aid Service Provider
LASP-NET : Legal Aid Service Providers’ Network, Uganda
LC : Local Council
MADEFO : Matheniko Development Forum
MCB : Minor Crime Board
MCM : Military Court Martial
MJCA : Ministry of Justice and Constitutional Affairs
MoES : Ministry of Education and Sports
MoGLSD : Ministry of Gender, Labour and Social Development
MoH : Ministry of Health
MoJCA : Ministry of Justice and Constitutional Affairs
MoLG : Ministry of Local Government
MONARLIP : Moroto-Nakapiripirit Religious Leaders Peace Initiative
MP : Members of Parliament
NAADS : National Agricultural Advisory Services
NGO : Non-Governmental Organisation
NUSAF : Northern Uganda Social Action Fund
OPM : Office of the Prime Minister
PDAU : Public Defender Association of Uganda
PEAP : Poverty Eradication Action Plan
PF3 : Police Form 3
PISO : Parish Internal Security Officer
POZIDEP : Pokot Zonal Integrated Development Programme
PRDP : Peace, Recovery and Development Plan for Northern Uganda
RBAD : Rights-based Approach to Development
RDC : Resident District Commissioner
RELOKA : Restoration of Law and Order in Karamoja
RIAMIRIAM : Moroto-Nakapiripirit Districts NGO Forum
RISO : Regional Internal Security Officer
RISO : Regional Internal Security Officer
SALDO : Semi-Arid Land Development Options
SALWs : Small Arms and Light Weapons
SCU : Save the Children in Uganda
SD : Station Dairies
SIP : Strategic Investment Plan
SPC : Special Police Constables
SSD : Social Service Department of the Catholic Diocese
UBOS : Uganda Bureau of Statistics
UHRC : Uganda Human Rights Commission
ULRC : Uganda Law Reform Commission
UNDP : United Nations Development Programme
UNFPA : United Nations Fund for Population Activities
UNICEF : The United Nations Children's Fund

ix
UNICEF : The United Nations Children's Fund
UNOCHA : United Nations Office for the Coordination of Humanitarian Affairs
UNOHCHR : United Nations Office of the High Commissioner for Human Rights
UPDF : Uganda People’s Defence Forces
UPF : Uganda Police Force
UPS : Uganda Prison Service
UWA : Uganda Wildlife Authority
WFP : World Food Program
WFP : World Food Programme
WHO : World Health Organisation

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 EXECUTIVE SUMMARY
INTRODUCTION

This is an Executive Summary of a report for a study on ‘Options for enhancing

access to justice, and improving the administration of law and order in Karamoja’, which
was carried out by a team of selected consultants, comprising Frank Emmanuel Muhereza
(Social Science Consultant and Team Leader; Deborah Ossiya, Legal Consultant and
Irene Ovonji-Odida, Civil Society Organisations Consultant). The overall objective of
this study, which was funded by the Legal Aid Basket Fund (LABF) supported by
Austria, Denmark, Ireland, Netherlands, Norway and Sweden, was to contribute towards
the improvement of the administration of justice, law and order in Karamoja. The specific
objectives of the study, which was carried out in all the five districts of Karamoja,
namely; Nakapiripirit, Kaabong, Kotido, Moroto and Abim, were to:

1. Carry out a needs analysis of issues affecting people in Karamoja that are linked to
access to justice;
2. Establish linkages between justice, law and order and development;
3. Assess the extent of need for legal aid in the region;
4. Identify and document possible sustainable models for enhanced access to justice;
5. Cost the proposed models and provide for a gradual approach to implementation;
6. Identify potential partners and collaborations between CSOs, social welfare agencies
and government institutions;
7. Identify linkages between traditional and formal justice systems and how they may be
used to enhance justice law and order within the region.

This study was concerned broadly about issues of enhancing access to justice and
improvement of the administration of law and order in Karamoja. Access to justice is a
broad concept and fundamental human right closely linked to the development and
livelihoods of the Karamojong communities. The challenges to access to justice in
Karamoja sub-region are immense. The injustices are widespread, and include not only
inter-personal and inter-community injustices, but also injustices that occur at many
levels - household, intra-community, inter-community and state. These injustices are
perpetrated by both private and state actors. There are strong gender and generational
aspects to the injustices suffered by the people of Karamoja. It is possible to identify
groups primarily affected by injustices in the sub-region and the factors increasing
conflict and injustice at household and community level. Injustices are shaped by the
physical, political, social and economic context of the sub-region.
The predominant and most enduring perceptions of injustice are rooted not only in
tradition but also in the pastoralists’ livelihoods. These perceptions have been changing
largely as a result of modernity as exemplified by the ‘gun culture’ and monetization, but
also due to education. There is low political support in the community for positive change
as groups directly affected by lack of access to justice have less power than beneficiaries
of the status quo. However, the changing power dynamics (weakening of elders’
authority) and high cost of the current situation (disarmament and its excesses, natural
disaster and hunger) have potential to generate impetus for change.

xi
 Injustices stem from the two parallel justice systems operating in Karamoja,
namely, the traditional justice system and formal JLOS. Karamoja has a history of
marginalization that has affected the livelihoods of pastoralists over generations. There is
also a general governance failure due to poorly functioning institutions of the state, which
coupled with endemic armed conflict and the attendant ills like disarmament abuses, and
weaknesses of CSO actors, have made access to justice difficult to achieve in Karamoja.
In proposing any interventions intended to improve access to justice (especially
through new access to justice delivery model), emphasis has to be placed on how to
overcome the weaknesses in the functioning of existing JLOS institutions and structures,
as well as building on the positive aspects of other existing actors whose interventions
influence justice administration in the region. Options for enhancing access to justice in
Karamoja have to be based on two justice systems, namely: the (pervasive) traditional
justice institutions, and the modern JLOS agencies and CSOs.

THE DYNAMICS OF THE TRADITIONAL JUSTICE SYSTEM IN KARAMOJA

In the administration of justice in Karamoja, there is a combination of the

institutions and structures from the formal Justice, Law and Order Sector (JLOS) and the
traditional (non-formal) systems including the traditional councils of elders and
community courts. The justice needs of the people of Karamoja are not fully served by
both the formal and traditional justice systems. Institutions and actors in the formal
justice system are faced with significant structural, financial and logistical constraints,
which have been compounded by insecurity caused by widespread armed conflicts. The
resulting inadequacy in the functioning of the formal justice system had led to the
emergence of the traditional justice system to fill an apparent void.
Wherever the formal system was constrained, the traditional system was robust.
Many times, there were excesses associated with the traditional justice system. While the
traditional justice systems provide a fall-back to, for most people of Karamoja (outside
the urban areas) due to the absence of functional formal justice institutions, sometimes,
the functioning of the traditional justice system borders on criminality, for upholding
actions inimical to the fundamental liberties, freedoms and human rights principles
enshrined in the laws of Uganda.
This means that in the efforts to enhance access to justice and improve the
administration of law and order in Karamoja, lessons need to be learnt from those
positive aspects of the traditional justice system, especially the manner in which they
have over the years succeeded in ensuring collective social harmony in Karamojong
communities, the challenges that have been encountered, and how these have been dealt
with. The negative aspects of the traditional systems also need to be examined concretely
in order to understand their manifestations. The lessons that will be learnt will help to
address prevailing weaknesses in the underlying tenets in the functioning of the formal
justice and political administration systems in Karamoja.
One of main propositions in this study is that rather than seek to criminalize or
find ways of integrating (and consequently subsuming) aspects of the traditional into the
formal, which in itself could significantly weaken the formal system and/or drive the
traditional system underground, it has increasingly become necessary to creatively

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explore ways in which the two systems can work together to enhance access to justice
and improve the administration of law and order.
The starting point is doing so is to understand the structures and institutions that
influence the administration of justice in the traditional Karamojong setting. Among
others, the following were considered as being critical:

The social organisation of the Karamojong:

The household or family is the first point of reference for justice administration in
Karamoja because this is where good and bad, right or wrong is defined during
socialization. Beyond the family, the Karamojong are organized in sub-clans, clans,
divisions and territorial sections (ekitela) that are likely to be occupied by determinable
ethnic groups. Social stratification on the basis of which seniority is defined is based on
two criteria, namely generation (nŋanyameta – or those who sit and eat together) and age-
sets (nŋazapanasia – or those who were initiated together). To join an age-set, adult men
have to be initiated, which automatically qualifies one to become a member of the
Akiriket, and hence earn a voice to deliberate at the akiriket. Seniority at the akiriket
depends on when one was initiated. In an Akiriket of a clan or sub-clan, the one who
becomes the senior-most elder is that who was first to be initiated in the generation age-
sets of the senior elders.
Power and authority in Karamoja are wielded by senior elders, who exercise their
powers by making collective decisions, and are implemented by the junior elders. Power
is exercised both horizontally (first, not only within the same generation-set, but also
secondly, within the same age-sets) and vertically (first, not only between the different
generation-sets, but also secondly, between the age-sets).
The Council of Elders’ Fora (Akiriket) , which is also the sacred assembly
site is attended only male members of the community, although it is only the initiated
elders who occupy the front row in the arc-like formation. The akiriket is the sacred
assembly place for the elders in a community, where functions such as initiations,
offering sacrifices; thanksgiving rites; and prayers for divine intervention from the god of
the Karamojong (called Akujů) are held. The akiriket is a deliberative political institution
in which decision-making is undertaken by the ‘council of elders’. All public action is
debated and a consensus reached in this sacred assembly. At the akiriket, only major
issues affecting the community are discussed. The words of the senior elders are
considered to be wisdom and divine. The elders are the channels of communicating and
communing with Akujů. The prayers that elders perform in communion with Akujů
during an akiriket are revered by all. The prayers, by and large, constitute the most
significant discourse of not only public policy making in the traditional setting. The
women have their own Akiriket.
Apart from the Akiriket, the ekokwa (community court) is also important in
justice administration. The ekokwa is the court of first instance, and many times when
convened, acts as a tribunal and trial court. When a matter is before the ekokwa, the
elders investigate the facts surrounding the matter (eripiripiyo). Youth are sent to a scene
of crime to investigate (‘Akimimaun ŋakiro’). The elders also investigate to corroborate
facts at hand (ekaripiripan). If the case involves theft of livestock, experts in tracking
foot marks are sent to investigate (nŋikakebak). Anyone before an ekokwa is allowed to
produce witnesses (nŋisudai) as part of their defence. A suspect whose case is before the

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ekokwa is referred to as ekasecan. An accused person cannot leave the community until
his/her case is disposed off, a condition referred to as akimim or akimimaun. Someone in
the community is assigned responsibility to watch over suspects (nŋekeiwok). If a suspect
runs away from the community where he/she is under investigation for committing a
crime, spies (nŋikeminu) are dispatched to locate the suspect. Once the suspect has been
located, their age-mates are sent to apprehend the suspects (ajore-pei), and will carry
with them canes of ekaliye.

Principles underlying the functioning of the traditional justice system:

The Karamojong traditional justice system is built upon a number of principles,
including the following among others:

1. The principle of the inviolability of the wisdom of the senior elders: The oldest
initiated person in the community provides spiritual and religious leadership. For
being old, and therefore near to death, old people mediate between those who are still
alive and the spiritual world. They are closer to the Karamojong god. The sacred
authority of the society is collectively invested in them. They perform prayers on
behalf of the community to bring down divine blessing onto the community.
2. Punishing the crime and not the person: The intention of punishment under the
traditional system is usually to reform people. The nature of the punishment is
intended to deter people from commitment of any such crimes in future. The
Karamojong therefore punish the crime, and not the individual that commits the
crime. And because of the latter, if a crime is committed and a suspect cannot be
identified, the punishment can be meted to anyone in the community.
3. Looking out for each other for the common good of all: Everyone in Karamoja has at
one point or the other been the beneficiary of a social system that seeks to collective
survival of all, especially the weaker ones. In an ideal setting, it is the responsibility
of everyone to ensure that all people survive. The being of an individual is premised
on the wellbeing of the community. Actions of an individual are judged to be good
only if they enhance the social wellbeing of the entire community.
4. Promotion of reconciliation and ‘win-win’ situations: Underlying systems of
punishment is an inherent desire for ‘win-win’ situations. No punishment is complete
without a sacrifice. Through the functions associated with offering a sacrifice, an
offender ‘truth-tells’, through confession, and asks for forgiveness. Once forgiveness
is requested, the person from whom it is sought has obligation to grant it. No
punishment is complete without forgiveness and reconciliation. In case of a murder,
the family of the murdered person is given compensation, which makes it possible for
two families to rebuild their lives, rather than letting the culprit end in prison, which
punishes two families.
5. Focusing on crime prevention and deterrence: All forms of punishment in Karamoja
are intended to deter further commitment of crime.

Lessons from the Traditional Karamojong Justice systems:

 Visibility of traditional justice: In the formal system, after a sentence, convicted
persons are taken away for incarceration, with some, coming back to their community
looking much better than those who remained behind. The punishment in not visible.

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 In the traditional system, justice is always seen to be done. Sentences are quickly and
physically.
 Immediacy (closeness and nearness of the justice being done) and expediency: The
prosecution, sentencing of offenders and execution of the sentence in the traditional
justice system is as close as possible to where the crime is committed. The
accompanying embarrassment of the process of executing traditional justice in itself
is deterrence to the further commitment of the same crime. The process is also an end
in itself.
 Flexibility and pragmatism of the traditional justice discourse: The traditional justice
system evolved following years of neglect and abandonment. It is strongest where the
formal system is weakest, implying an element of pragmatism embedded within the
system that makes it possible for it to adjust to concrete realities.
 Political control and the power of ‘culture’/‘tradition’: Through the generational sets
and age-set systems, tradition in Karamoja had maintained a stranglehold on all
Karamojong elites. The symbolic as well as real power and authority derived from
being an initiated Karamojong has ensured that all elites maintain respect of the
system, and strive to generate approval. Whatever the level of education, many still
look forward to becoming initiated as elders. The stranglehold is also maintained by
cultivating fear executed by occasioning serious negative consequences either on the
actual person or his relatives.

Shortcomings of the traditional justice system:

 Democracy limitations in traditional governance institutions: In every generation set,
decision making is consensual among those from the same age-set. But across
generation sets and age-sets within every generation set, there are hierarchies. The
uninitiated do not directly participate in decision making, and therefore have limited
opportunity to influence the decisions made at the Akiriket.
 Excesses of the traditional justice system: The immediate and speedy meting out of
the maximum sentences for serious crimes leaves limited consideration for reprieve
and clemency in case of human error. Rituals, sacrifices and local brew, associated
with traditional justice systems are extremely wasteful of scarce food resources.
Tradition justice sometimes works in favour of those who have the means. If actions
of an individual jeopardize the survival of a family repeatedly, it is the responsibility
of the family to end his life. Families kill their own through hitting them at the back
of the head (‘Enŋoliyo Emokorat’) or forcing them to drink acaricides (‘Cattle Dip’).
Without any regulatory mechanisms, proceedings of ekokwa often easily degenerate
into mob violence.
 Articulation of relations of power in the traditional system: The administration of
justice in traditional setting is not entirely value-free because it mainly favours the
strong and powerful and wealthy, with cattle. One who can afford compensation can
easily walk scot-free, even for serious crimes committed.
 Minorities: Even within the broader marginalisation of Karamoja as a region, there
were also minority ethnic groups in Karamoja such as the Kadam and Ik. Within
dominant ethnic groups such as the Dodoth in Kaabong, there are also internal
minorities (the Ngiporein whose rights are less robust compared to the Ngimerith).
This internal marginalization affects equity of access to justice for all.

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 Gender and generational injustices: Karamojong communities are essentially
patriarchal. Male dominance over females clearly manifested in form of gender
inequality with regards to the gender and generational division of labour, as well as
exercise of powers over various resources. The property rights of women are greatly
curtailed. Polygamy and widow inheritance are widespread, as well as several other
inimical practices such as female genital mutilation and gender-based forms of
violence. The children are exposed to child labour and suffer neglect. Their rights to
inherit property are very limited. Majority are orphaned. The elderly in Karamoja also
suffer injustices. The last days of uninitiated elderly men are usually extremely
disgraceful.

Challenges for enhancing access to justice in the traditional Karamojong setting:

 Definition, conceptualisation and awareness of rights: The perception and awareness
of rights in the traditional system is sometimes at odds with the reality pertaining to
what exists in the formal Justice. In the traditional systems, individual rights are
upheld only to the extent to which they do not contradict the pursuance of social
justice. Social justice is defined by the common needs of furthering the survival of the
community. Conflict prevention, management and resolution are achieved at the
expense of individual rights and liberties. The ‘interests’ and ‘rights’ that do not
contribute to the collective social harmony are not permissible. Individual rights are
upheld only to the extent they do not contradict pursuance of social justice.
 Chipping away at the authority of senior elders: In the past, senior elders’ generation-
set exercised control over the junior elders and the rest of society because they had
the monopoly over instruments of violence. As guns became easy to acquire, the
youth no longer needed the authority or permission of their elders to raid. Curses
administered on the youth had failed to generate compliance.
 The pervasiveness of the use of ‘fear’ as a weapon to blackmail people into
compliance: Those who commit crimes anywhere in Karamoja are often known, or
will become known with the tracking system in Karamoja. However, culprits even
when they are known are never reported because of ‘fear’ both perceived and real.
 Double jeopardy in dual justice systems: the conviction and sentencing of a person
for commitment of crime in the formal JLOS does not preclude serving sentence for
the same crime in the traditional setting. It is the norm for those who serve their
sentences under the formal system to still be subjected to Karamojong traditional
forms of justice. When one is committed to serve a sentence in prison, when s/he gets
out, s/he will still have to pay some sort of compensation for the crime he committed
after he gets out of prison.
 Standard of proof in traditional Justice contradicts formal justice practice: Elaborate
procedures for adducing and assessing evidence in the formal system, in order to
prove guilt beyond reasonable doubt increases the pain and anguish of those who
have been aggrieved by a crime committed. Ignorance about the significance of
formal justice system procedures undermines the confidence by the Karamojong in
the ability of the formal system to deliver justice.
 Vicarious liability and collective punishment: In the traditional system, vicarious
liability obtains as both the actual person who commits a crime and his relatives are
culpable. Because the Karamojong punish the crime and not the person, it means the

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 punishment can be served on anyone who is related to a convicted person. Many
times, people are collectively punished for crimes of individual persons.
 Absence of minimum standards for justice administration in traditional system: The
reliance on collective wisdom of elders makes it difficult to deal with internal
contradictions in the traditional justice administration. It makes the traditional system
prone to manipulation as society continues to change.
 Burden of proof in the traditional justice systems: The burden associated with
establishing guilt places a huge responsibility on the prosecution and complainant.
The adversarial nature of the formal justice system is, to most Karamojong, a burden
to witnesses and plaintiffs, in so far as it places obligation on them to give evidence to
courts of law in order to prove a case in the formal JLOS. The Karamojong traditional
system has an expeditious process of establishing guilt and once it is done, a
conviction is secured and a sentence quickly passed and executed. Guilt is already
established in the traditional system before suspects are handed to Police. The
traditional justice system places the burden of proving someone’s guilt in the
community while in the formal system it is placed on the police, with or without
credible evidence being made available to the police.
 Preference for Blood Compensation: When a crime is committed, demands for
compensation and thereafter rituals of reconciliation are preferred rather engage in
long, tedious and protracted battles of litigation in the formal justice system.
Compensatory relief for crimes committed enables benefits to radiate to many people
because the livestock provided is shared, and whoever benefits has a responsibility to
ensure the happiness of the aggrieved. Karamojong expect compensation for both
criminal and civil cases. Even after compensation is paid, reconciliation can’t be
achieved without a sacrifice. Demands for compensation are enforced to acquire
wealth and usually the community does not wait to prove adultery claims.
Compensation favours the rich. Those with cows can get away with capital offences
such as murder. Sometimes raids are committed to extract compensation.

Proposals for enhancing access to justice in the traditional setting:

 JLOS institutions should be supported to provide both primary and secondary legal
aid in Karamoja. Efforts should also be geared at supporting human rights awareness
and education for all Karamojong. The provision of free legal aid should be supported
through a community volunteers’ programme. To enhance the understanding of the
realities of traditional justice administration, studies all actors in the formal JLOS
who encounter these institutions need to document their experiences and any lessons
learnt.
 Support should be extended to both the traditional and modern justice systems in
order to build appropriate synergies between both justice systems. First, ways need to
be found to harmonize the contradictory conceptualization of rights in the traditional
and formal systems. Secondly, areas need to be identified where roles can be shared
and to support ways in which this sharing of roles can be enhanced. Initiated elders in
Karamoja should be trained on the basics of functioning of the formal system; and
those in the formal sector on the traditional system. The formal system should be
encouraged to refer certain cases to elders’ councils for arbitration. The formal courts
should also be supported to recruit selected elders as court assessors. JLOS actors in

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 Karamoja should also be encouraged and supported to learn the local language and its
ramifications, for efficiency communication and delivery.
 Government and its development partners should support the improvement of the
functioning of traditional justice systems and structures. Those where functioning
leads to human rights abuses need to be identified and targeted for secondary legal
aid. Further research needs to be supported in understanding how best the excesses
that have been associated with the current functioning of the traditional justice
systems can be mitigated. Those where there exists a clear potential for positive
outcomes (such as the akiriket) should be supported, for example through regular
communication and dialogue. Efforts should also be made to take advantage of
elders’ corporate social responsibility in harnessing their support to the functioning of
the modern JLOS institutions.
 Areas for legal reform in the formal JLOS also need to be identified. For example,
ways need to be found to support the adoption within the formal system of the
principle of truth telling, accepting guilt, seeking forgiveness and reconciliation for
wrongs, which underlie the functioning of the traditional justice administration
system.

THE CURRENT DYNAMICS OF THE FORMAL JUSTICE, LAW AND ORDER

SECTOR (JLOS) IN KARAMOJA

Common Challenges and constraints faced by JLOS actors:

Insecurity: The conditions of insecurity caused by the widespread possession of
illegal arms and ammunition make the operating environment for the formal JLOS
institutions extremely difficult. It makes it difficult for the Police and the judiciary to
exercise their constitutional mandates. The Police is unable to undertake crime scene
investigations, getting witnesses from the manyattas for interrogation and apprehending
suspects. Courts in Karamoja are only found at the district headquarter towns. Even in the
towns, judicial officers encounter threats that undermine the sanctity of the courts.
Police Investigations: Police encounter significant constraints in undertaking
investigations of crimes allegedly committed to generate evidence on the basis of which
suspects are prosecuted to secure a conviction and a sentence. Any failure by Police
prosecution to secure a conviction usually generates negative sentiments from the
communities. When suspects handed to Police are released either on Police Bond, or due
to expiry of mandatory period of stay on remand; or are acquitted due to lack of evidence
or because witnesses are not willing to come forward to testify against the suspect, the
local communities loose faith in the formal justice system. The capacity of the Police in
Karamoja to investigate crime, extract evidence necessary to secure a conviction is
seriously constrained. The Police in Karamoja lacks appropriate tools for investigation.
The entire sub region has neither a ballistics nor handwriting expert. There are no scene
of crime Police Officers and scene of crime investigation kits such as finger printing kits
and cameras. The Police sometimes is forced to borrow cameras to use at the scene of
crime.
Witnesses in Courts: The formal courts also encounter challenges in securing
witnesses to testify. Schedules of courts are not determinate. Sometimes, the
complainants turn up, and the court fails to convene. If the complainants are poor, it

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becomes very difficult for them to pursue cases that may drag on for a very long time. All
capital cases from Kaabong are usually transferred to Kotido the same is true for cases
originating from Nakapiripirit. Sometimes it is also difficult for witness to appear in court
because of distance. Witnesses have been known to appear in court more than three
times without testifying. Travelling to court attracts expenses related to upkeep, feeding
and lodging for the witnesses. Many of the witness just end up declining. When court
summons are issued, sometimes both parties to a case may never turn up.
Manpower: Deployment to Karamoja by any JLOS actor is viewed as a form of
punishment. The Police in Karamoja has no Police Surgeon to carry out post-mortems,
examine victims of rape, defilement and assault. The shortage of manpower means that
the Police in Karamoja has mainly relied on ill trained and many times de-motivated
Local Administration Police (LAPs) to command outposts. Most of the LAPs in outposts
have very low education, and exhibited poor recording of statements from suspects and
complainants, and also lacked basic knowledge of the law. There were no women police
officers at sub-county in the entire Karamoja. The few who are on the force are based at
the Districts. There is a manpower shortage not only in Police but also in Prisons and the
judiciary. In the whole of Karamoja, there were only two Resident State Prosecutors
based in Moroto and Kotido. There is only one Grade I Magistrate for Moroto and Kotido
District, who some times are not available at the stations, leading to a huge backlog of
cases.
When cases are referred to Police, the communities do so after the traditional
system has established that the suspect is guilty and therefore require the Police to act and
secure a conviction. Due to unavailability of magistrates, the Police is usually compelled
to release suspects after the maximum 48 hours on remand.
There are few practicing private lawyers in the region, most of them coming from
as far as Kampala, Mbale Lira or Soroti. Even then, few are ready to take on cases on
state brief as legal fees provided by government is not commensurate with the travel,
lodging expenses and amount of work the lawyer has to do.
Logistical challenges: The effectiveness of the Police, Prisons, Public Prosecution
and Judiciary is hampered by several logistical challenges. Transportation across the vast
precincts is especially difficult. Often, the police cannot deploy fast enough or even
patrol due to the limited capacity of their transportation fleet. Public transport means
would have been an option but even these are either non-existent or limited within the
sub region. The lack of adequate transportation for the Police officers had also hampered
ability of the Police to move to the communities (and kraals) to undertake not only
patrols but also conduct sensitisation about crime, crime prevention and the role of the
Police. The Magistrates in Kotido, Abim, Nakapiripirit, and Kaabong did not have
vehicles. Moroto had a dilapidated vehicle which was more in the garage than on the
road.
The Grade I Magistrate’s and their staff are also not adequately facilitated to
move to all their designated districts. Operational funds are very limited that they are
unable to pay allowances at government rates. To resolve this, magistrates use their own
money when travelling to Nakapiripirit or Abim and Kaabong. The junior staff are even
disproportionately affected as allowances do not cover or cater for transport and
accommodation. The Grade I Magistrates use their own money when travelling to
Nakapiripirit or Abim and Kaabong.

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 Monthly imprest: Monthly imprest for all JLOS institutions was very low. The
DPC’s received a monthly imprest of Ushs. 170,000/=. The Grade I Magistrates’ offices
are allocated a paltry Ushs. 160,000/= only per month for fuel, and this amount is not
regularly provided. The fuel is not enough to take a magistrate from Moroto to
Nakapiripirit and back, or from Kotido to Kaabong and back, which require at the
minimum, Ushs. 150,000/= worth of fuel.
Housing and accommodation: There is a lack of decent housing and
accommodation for the Police, Prisons and magistrates. In the Judiciary, apart from
Moroto court which is newly built state of the art facility, Kotido, Abim and Kaabong
courts were improvising court houses and were being accommodated in the district
community halls. These structures are open, not fenced off, and therefore inappropriate to
serve as court houses. The structures are also dilapidated. Kaabong and Abim courts
lacked reference materials and libraries.
Detention facilities: Suspect cells at Police stations, as well as prison facilities are
in very poor conditions. There are no remand homes for juveniles. Juveniles on capital
offences are remanded in police cells and are mixed up with adults.
The chain linked programme: The most effective coordination tool, nationwide,
for the institutions involved in criminal justice is the chain linked programme or
initiative. In Karamoja, the chain link programme has largely been ineffective as
stakeholders did not hold regular meetings. The challenges faced by one JLOS institution
greatly impacted on service delivery by the others e.g. the lack of a resident Chief
Magistrates and High Court Judge impacts on the operations of the police and
prosecutors, which affects the efficiency of the Prisons.
In conclusion, it was clear to the study team that most of the murder cases and
other capital offences did not reach court, they are handled within the traditional system
because people would rather opt for an option that would allow them obtain
compensation. The criminal cases that were mostly handled included: assault occasioning
grievous harm; theft (stealing cattle, household property, etc.); threatening violence;
murder and manslaughter; defilement; malicious damage; obtaining goods by false
pretence; recovery of debts; land disputes; maintenance and custody of children; idleness
and disorderliness; recovery of dowry; adultery mainly handled by traditional system
people prefer the compensation of 60 cows. Civil cases that were mostly handled
included: recovery of debt; recovery of dowry; land disputes; maintenance and custody of
children. Notwithstanding the weaknesses in the courts, they had demonstrated
proficiency in keeping their returns which were sent to their headquarters on a monthly
basis.
With regards to the prisons service, their broad emphasis on custody (safety and
security) as opposed to rehabilitation (corrections) had created apprehension in the local
communities towards the prisons. This had isolated the entire institution from the
communities they were meant to work with and serve to enhance justice law and order.

Accessing justice from Mbale and Soroti High Courts:

From a desk review of the records of the High Courts in Mbale and Soroti, the
study found contrary to popularly held views in and outside Karamoja, that in dispensing
justice, a lot of effort are made in the formal justice system to apply the Laws of Uganda
to offences committed by people of and from Karamoja. In order to improve the quality

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of justice provided in Karamoja, there is a great need for courts to be properly equipped
with adequate reference materials (as elsewhere in other parts of the country where the
judiciary is properly functioning). Access to justice in Karamoja is seriously constrained
by several factors, one major one being the absence of the High Court services in
Karamoja. The last High Court session in Karamoja was held in 2004.

OTHER KEY ACTORS WHO PLAY AN IMPORTANT ROLE IN ENHANCING

ACCESS TO JUSTICE IN KARAMOJA

The Medical Practitioners:

Medical doctors assist court on specialist or technical matters within their
expertise, which are relevant for enhancing administration of justice. Doctors provide
expert opinions when cause of death has to be proved. Their expertise is required in all
instances of sexual offences and in assault cases where it necessitates the prosecution to
quantify and qualify injuries in an attempt to evaluate the magnitude of damage and or
disability. Apart from the general ignorance of the role of medical doctors in
administration of justice, the doctors also inadequately facilitated to perform their
responsibilities. Protracted court proceedings and frequent court adjournments are a
major deterrent to many doctors, who would rather not fill out police forms or conduct
examinations in order to avoid receiving summons to appear in court.

The Uganda People’s Defence Forces (UPDF):

The limited presence of the formal justice, law and order institutions as well as
the civilian administration of justice and law enforcement structures in the region means
that the UPDF will continue to play an important role in the administration of justice in
Karamoja, in addition to ensuring the restoration of security to make it possible for all
other JLOS institutions to function effectively. There are a number of challenges to the
potential role that the UPDF can continue to play that need to be addressed. In order for
security interventions to promote access to justice, there has to be an overriding focus on
pursuing a people-centred approach to delivery of security and enhancement of access to
justice.
In undertaking to rid Karamoja of the remaining guns through disarmament, focus
also needs to be placed on how the social and political (formal and traditional)
institutions in Karamoja can be supported to play a more positive role in the delivery of a
‘guns-free’ society. Efforts to increase the presence and functioning of civilian
institutions responsible for administration of Justice and all the relevant JLOS structures
for justice administration and enforcement of law and order need to be stepped up. To
restore the confidence of the people of Karamoja in the ability of the state to protect
them, cases of indiscipline by the UPDF and the mainstream JLOS actors involved in the
administration of justice need to be appropriately handled. The UPDF has been more
responsive to dealing with impunity by its officers and men compared to the Police,
Prisons and Judiciary.

The Military Court Martials:

The Military Court Martial in Karamoja was supposed to enhance to access to
justice since formal courts were not properly functional. Many cases involving civilians

xxi
charged illegal possession of firearms had been handled by the military court martial,
although there was still a backlog. Many prisoners were taking longer than they would be
expected on remand. Some of prisoners thought they did not get a fair hearing in the
military court martial because they do not get support for legal representation in the court
martial from outside the UPDF. The court environment inside the barracks does not
provide a conducive environment for civilians to argue their cases.

The Civil Military Coordination Centre (CMCCs):

Civil-Military Coordination Centres (CMCC) in Karamoja, comprising
representatives from the Uganda Human Rights Commission (UHRC), the Police, the
UPDF and the Civil Society, have played an important role in safeguarding the human
rights of the population and mending the relationship between the community and the
UPDF. CMCC carry out community sensitization and human rights monitoring in UPDF
operational areas. Any human rights violations identified are documented. CMCC have
been useful information points for the population on matters of human rights.

ESTABLISHING LINKAGES BETWEEN THE FORMAL AND TRADITIONAL

JUSTICE SYSTEMS

In the functioning of the formal justice system, there are a number of

corresponding institutions and structures in the traditional justice system that undertake
almost similar task. On the basis of the functioning of these various institutions and
structures, the study examine various entry points for integrating the formal and
traditional justice systems in Karamoja. The following were recommended for possible
consideration:

 The LABF should be encouraged to explore further research areas that target
promoting further understanding the interactions or engagements between the formal
and traditional systems in Karamoja with a view to formulating a policy on the
matter. Any interventions in the JLOS seeking the integration of traditional and
formal justice systems require additional details which this study was not in a position
to generate.
 Initiatives geared at enhancing the integration of the formal and informal justice
systems should focus on views of the elders and users of the traditional systems and
information about those systems; analysis of history related to the use of these
systems and interaction with the state; analysis of legislation relating to traditional
justice in Uganda; understanding of how the various systems (LC Courts, traditional
fora, Police and State Courts) currently interact and possible entry points for
increased engagement; application of international experience and initiatives; data on
the number and type of cases in the various systems; and more information on the
processes of traditional justice systems, particularly in relation to civil cases.
 Relevant actors on the ground (magistrates, elders, LC courts, CSOs) should be
supported to document their engagements with the traditional justice system in order
to identify areas where synergies can be built for in this field. Incorporated with
modifications.

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THE ROLE OF CIVIL SOCIETY ORGANISATIONS IN ENHANCING ACCESS
TO JUSTICE IN KARAMOJA

The nature of CSOs in Karamoja:

There is a range of civil society organizations in Karamoja including NGOs,
CBOs, FBOs, INGOs, companies, business associations, networks and firms though
limited in number overall, as well as in range in the newer districts (Kaabong, Abim,
Nakapiripirit). Many CSOs are weak institutionally despite creating governance
structures like boards or general assemblies, have little capacity for rights based or legal
work, and lack financial independence and assets, being donor (bilateral or multilateral)
or government (central or local) funded. The common practice is to have community
links, structures and strategies from village to district level. A few CSOs operate in more
than one district of Karamoja or are national. Most typically have a small staff and
operations except for FBOs and INGOs which are larger in size.

Entry Points for Access to Justice in Karamoja through CSOs:

Private sector actors have begun to organize into firms or associations like trade
associations that focus on their own members’ needs. CSOs network among themselves
(mainly NGOs-CBOs-FBOs) and with communities. CSOs engage with local
government, politicians, UPDF and inter-governmental organizations (UN). The private
sector engages more with local government, politicians. There is one private media
organization. A few CSOs have wider networking in Eastern Africa or beyond.
Relationships with local and central government vary from conscious engagement and
partnering to hostility and fear strain due to the conflict context and corruption. There is
little structured liaison between CSOs and JLOS.
CSOs can provide an entry point for access to justice interventions in Karamoja
through the existing programs on peace, justice and development; their strong community
based approach using structures, volunteers, strategies, issues, tools, understanding and
social capital; linkages to state actors in local or central government, political leaders,
security agencies and for those who have, regional actors; CSO values and expertise –
many are committed to justice, RBA and legal aid and indicated interest to partner any
access to justice program. It will be important to address constraints, gaps and challenges
of CSOs if they are to be effective partners.

The Operational Context for Legal Aid in Karamoja:

Legal representation in Karamoja is very poor. There are only two law firms
operating in the sub-region. There is a demand especially for primary legal aid (both
criminal and civil) as one mechanism to improve access to justice in Karamoja.
Secondary legal aid is also sought especially to sensitize communities on rights. National
legal aid service providers are mainly donor funded, none currently operates in Karamoja
but some are willing to expand. Effective legal aid in Karamoja will require a strong
community based approach and entry to be accepted; should utilize existing national
LASPs, with a strong referral system linking to currently active Karamoja CSOs and
government agencies in JLOS and local government doing (minimal) legal advice;
investment in capacity building will be required; and the access to justice program should

xxiii
be built around and linked to rights issues to the local context, livelihoods and injustices
(i.e. justice and development).

The proposed Legal Aid Model:

A model for access to justice in Karamoja should be built on government agencies
(certain police units, probation, prisons) and CSO institutions currently doing legal aid
(mainly national LASPS) or justice work (many Karamoja based CSOs), and base itself
in the role of the state as primary duty bearer to guarantee rights of citizens such as
livelihoods. Characteristics of a good Karamoja LASP include: a structure that promotes
legitimacy, rights based-related mission and strategy, capacity for primary and secondary
legal aid and efficient systems for service delivery. Support needs of Karamoja CSOs
utilized in the model will be human rights legal capacity building, paralegal training,
PRA and legal tools and materials, and a referral system. The recommended structure is
to use the four main national LASPs as the core, Karamoja CSOs as local partners,
community members as volunteers, referral system linking to JLOS/ MGSLD, LG (e.g.
Probation, Police Family and Child Protection Unit and Community Policing Unit,
Prisons, Land office), security agencies (e.g. UPDF) and politicians.
As traditional justice practices are heavily pervasive, it should be sufficiently
flexible to take best practices from both it and the JLOS, and observe key principles for
bridging formal and informal justice systems including participation and empowerment.
Various options are suggested to enhance access to justice. In conclusion, there is a major
access to justice gap in Karamoja which is deep rooted, has a long history and is multi-
faceted. The solution will require a long term investment, with a community approved
strategy if it is to have an impact, and multiple local and other actors’ involvement.

xxiv
1 INTRODUCTION

This is a report for a study on ‘Options for enhancing access to justice, and
improving the administration of law and order in Karamoja’, which was carried out by a
team of selected consultants, comprising Frank Emmanuel Muhereza (Social Science
Consultant and Team Leader; Deborah Ossiya, Legal Consultant and Irene Ovonji-Odida,
Civil Society Organisations Consultant). Unlike in other parts of the country, institutions
and actors in the Justice, Law and Order Sector (JLOS) in Karamoja have received
limited support. As a result, there is no clear picture about the extent and nature of legal
aid needs in Karamoja. It is also not yet clear how other potential partners can collaborate
with the formal JLOS institutions and actors to achieve the overall objectives of the JLOS
Strategic Plan. Several studies that have been carried out on access to justice that have
attempted to map out of service providers targeting most parts of Uganda, including
northern Uganda and West Nile, have somewhat left out Karamoja.
While the security situation has greatly improved following the current
disarmament campaign, there is a general feeling that the current status quo in Karamoja
regarding access to justice and the administration of law and order needs to be improved.
It will be necessary to bring to an end the state of lawlessness, in which gun-wielding
male youth (karachunas) reign terror on the communities, including raiding animals at
will. Equally, the role of traditional institutions in the administration of justice also needs
to be streamlined within the formal justice administration system as prevails in other
parts of the country.
The system of conflict resolution in Uganda is a mix of formal and non-formal
systems. The formal include judicial, executive and legislative organizations, and
informal is largely characterised by the traditional councils of elders. From several
baseline surveys on access to justice in the sub-region and a 2006/7 rapid assessment by
the Access to Justice/Legal Aid Basket Fund (LABF) unit of DANIDA, it is clear that
Karamoja’s access to justice needs were not being fully served by both the formal and
traditional (informal) justice system. Perspective of the formal justice system and legal
aid services faced significant structural, financial and logistical constraints and insecurity
due to widespread armed conflicts. Yet the functioning of the traditional justice system,
which filled the void, especially in situations where the formal system was non-functional
bordered on criminality, as it upheld actions, which were inimical to, the fundamental
principles of the laws of Uganda.
With the launch of the Peace, Recovery and Development Plan (PRDP) for
Northern Uganda on 15th October 2007 and the Karamoja Integrated Disarmament and
Development Programme (KIDDP) on the 18th April 2008, coupled with professed
government commitment to undertake a sustained campaign to remove all illegal guns in
the hands of Karamojong warriors, the restoration of law and order in Karamoja has
become an underlying strategy for achieving government’s development objectives in the
region.
While considered as being contrary to the legal and human rights principles
enshrined in the laws of Uganda, the traditional justice systems provide a fall-back to, for
most people of Karamoja (outside the urban areas) due to the absence of functional
formal justice institutions. This means that lessons need to be learnt from the manner in

1
which they have over the years succeeded in ensuring collective social harmony in
Karamojong communities, and the challenges that they encountered. The lessons that will
be learnt will help to address prevailing weaknesses in the underlying tenets of the
functionality of the formal justice and political administration systems in Karamoja.
On one hand, the general ignorance of the law and confusion between the
traditional and formal systems of justice and political governance among the majority of
the Karamojong needs to be addressed, as a precursor to observance of basic human
rights of the people of Karamoja. On the other hand, entry points need to be identified
through which the formal justice system can be supported to play an effective role in
prosecution of habitual criminals forwarded by the community for ‘government’ justice
in order to actualize the mission of the JLOS in Karamoja.
The overall objective of this study, which was funded by the Legal Aid Basket
Fund (LABF) supported by Austria, Denmark, Ireland, Netherlands, Norway and
Sweden, was to contribute towards the improvement of the administration of justice, law
and order in Karamoja. The specific objectives of the study, which was carried out in all
the five districts of Karamoja, namely; Nakapiripirit, Kaabong, Kotido, Moroto and
Abim, were to:

1. Carry out a needs analysis of issues affecting people in Karamoja that are linked to
access to justice;
2. Establish linkages between justice, law and order and development;
3. Assess the extent of need for legal aid in the region;
4. Identify and document possible sustainable models for enhanced access to justice;
5. Cost the proposed models and provide for a gradual approach to implementation;
6. Identify potential partners and collaborations between CSOs, social welfare agencies
and government institutions;
7. Identify linkages between traditional and formal justice systems and how they may be
used to enhance justice law and order within the region.

This report is divided into nine sections: This section 1 is the introduction. Section
two elaborates the methodology that was used. In section three, the contextual issues that
have informed the analysis of access to justice and administration of law and order issues
in Karamoja are discussed. The current dynamics of the traditional justice system are
examined in section four. The current dynamics of the formal justice law and order sector
in Karamoja are examined in section five. Section six examines the role of Civil Society
Organisations (CSOs) in enhancing access to justice in Karamoja. Proposals for a
sustainable model for enhancing access to justice in Karamoja are contained in section
seven. In section eight, the report presents a proposed programme for enhancing access to
justice with options and costs, as well as the monitoring and evaluation framework for the
proposed programme. Selected references are listed in section nine.

2 METHODOLOGY

Both qualitative and quantitative methods were used to collect both primary and
secondary data from the field in the five districts of Karamoja. The various sources of the

2
data that were used in the design of options for models for enhancing access to justice,
law and order in Karamoja included the following:

2.1 SECONDARY DATA SOURCES

2.1.1 PUBLISHED AND UNPUBLISHED LITERATURE SOURCES

This study drew analytical data from both published and unpublished secondary
literature sources. Published literature included books, journal articles and magazines.
The various documents relevant to the subject matter of the study that were reviewed by
the study team are included in the selected references. The study team also reviewed
some relevant CSO strategies for legal aid to draw lessons and experiences and contribute
to the formulation of appropriate legal aid models. These included legal aid strategies for
FIDA, the Legal Aid Project (LAP), and Public Defender Association of Uganda
(PDAU). The study team also reviewed various Acts and Policies that govern the
functioning of the various JLOS actors including the Courts; Uganda Police; Uganda
Prisons; probation services and the Local Councils. Also reviewed were legal documents,
including the Uganda Constitution of 1995; the Magistrates’ Courts Act; the Evidence
Act; and the Penal Code of Uganda; the Judicature Act; the Local Government Act; the
TID Act, and; the Criminal Procedures Act.
Several studies on the challenges facing legal aid service delivery in Karamoja
were also reviewed. Sector Strategic Plans from the various actors under the JLOS whose
activities are critical for enhancing access to justice and the administration of law and
order in Karamoja, such as the Police Strategic Plan for Karamoja and the Uganda
Prisons Strategic Plan for interventions in Karamoja were examined to identify relevant
interventions for enhancing access to justice.
Secondary information was also sourced from unpublished sources from the JLOS
actors as well as the various stakeholders that were interviewed. From the Police Stations,
the following secondary information were obtained: Compendium of police laws; CID
records (annual returns); Records from the prosecutors office; Records from the Minor
Crime Board (MCB) and the Child and Family protection Unit (CFPU); Case Files
(especially of those cases that highlighted the existing linkages between the traditional
and formal justice systems; Police Annual report 2007. The study team, in collaboration
with the various actors in the JLOS institutions obtained summaries of crime statistics
and entries in Station Diaries (SD) and Criminal Record Books (CRB) Registers as well
as entries from the Minor crime book.
Secondary data was also obtained from the Prisons and Magistrates’ Courts in all
the districts of Karamoja. From the Magistrates’ Courts, secondary information obtained
included the following: Monthly/annual returns and Judgments on selected cases that
were considered to be of interest. The study team visited Prisons in Kotido, Moroto,
Amita in Abim and Amalere in Namalu, Nakapiripirit, from which, the following
secondary information was obtained: Records from admission books; Prison Annual
reports.

2.1.2 CASE MATERIALS FROM THE HIGH COURTS IN MBALE AND SOROTI

3
 The study team sought and analysed case materials from the High Courts in
Mbale and Soroti in order to understand and capture the dynamics of how the local
people in Karamoja were involved in justice administration, claiming their rights and
exercising their responsibilities. This was undertaken in order to establish the relevance,
accessibility and availability of JLOS institutions in the region. Issues of the quality of
the services provided that were also extensively probed. In line with this, and in a bid to
critically examine the role of courts in facilitating and/or perverting the administration of
justice, a Legal Assistant was hired to profile cases from Karamoja involving issues or
people from Karamoja that had been either handled or referred to the High Courts in
Mbale and Soroti. Depending on the nature of cases handled, as well as how they were
disposed (managed), the study team was able to draw inferences on the extent to which
the people of Karamoja access justice from these institutions.

2.2 PRIMARY SOURCES OF DATA

Primary data used in the analysis of access to justice issues in Karamoja was
obtained from the following sources:

2.2.1 KEY INFORMANT INTERVIEWS

Key Informant Interviews were carried out with the following stakeholders in and
outside Karamoja:

Key Informant Interviews with Kampala stakeholders:

Apart from the JLOS actors at the national level, (Police; Judiciary; Prisons;
Uganda Law Reform Commission), interviews in Kampala were carried out with other
related governmental agencies (such as the Ministry of Local Government, the Ministry
of Justice and Constitutional Affairs, the DPP, the Uganda Law Council, the Ministry of
Gender, Labour and Social Affairs); Development partners and Non-government
Organisations (NGOs), including Legal Aid Service Providers such as Uganda Law
Society (Legal Aid Project); Law Development Centre (Legal Aid Clinic); Uganda
Women Lawyers Association (FIDA-Uganda); Public Defender Association of Uganda;
and Human Rights Organisations such as Foundation for Human Right Initiatives
(FHRI). UN agencies currently with an active presence in Karamoja were also
interviewed, including the following: UNOHCHR; UNICEF; UNOCHA; UNFPA.

Key Informant Interviews with key stakeholders in Karamoja:

Apart from the JLOS actors in the districts, interviews in Karamoja were carried
out with District Officials, including the following: District Chairpersons; Chief
Administrative Officers (CAOs); District Land Office/Land Boards; District Internal
Security Officers (DISO); Resident District Commissioners (RDCs); Private sector actors
(e.g. Moroto Private Sector Association; Kotido Traders Association (KOTA); the
Business Skills Trust); NGOs and CBOs in Karamoja such as: Matheniko Development
Forum (MADEFO); Kotido Peace Initiative (KOPEIN); Karamoja Agro-pastoral
Development Program (KADP); Karamoja Initiative for Sustainable Peace (KISP);
Moroto-Nakapiripirit Religious Leaders Peace Initiative (MONARLIP); Centre for Legal

4
Assistance (CLA); Dodoth Agro-Pastoral Development Office (DADO); Kaabong
Pastoral Development Association (KAPDA).
Others included Faith-based Organisations in Karamoja (such as Caritas Kotido;
Caritas Moroto; Caritas Abim; Church of Uganda in Abim, Moroto and Kotido;
Karamoja Christian Ethno-Veterinary Project (KACHEP); Adventists Development
Relief Agency (ADRA); Civil Society Networks in Karamoja (e.g. RIAMIRIAM; NGO
Forum Kotido); the Media (Radio Karamoja FM); INGOs operating in Karamoja (e.g.
IRC; Oxfam; Save the Children in Uganda). The Medical Officers, Abim and Moroto
Hospital were also interviewed to generate perspectives about crime scene investigation
in cases involving murder, assault and sexual offences as well Police Forms (PF3, PF 24
etc).

Follow up of land mark cases linked to injustices suffered by people:

To get insights into the functioning of the traditional justice systems, and the
contextual factors that make it possible for them to remain robust, and the possible
pointers to linkages that could be built with the formal justice system, the study team
followed-up on two land-mark events in the administration of justice, law and order in
the history of Karamoja, and interviewed several local people who were involved in these
cases, including local councils and elders, as well as those who were victims of these
cases.
Specifically, for the case in Kokuwan Parish, Namalu sub-county, Nakapiripirit
District, a Community Court (ekokwa) sentenced three men to death by hanging after
they were convicted of having been involved in a gruesome murder. The study team
sought the LCs who were earlier involved in adjudicating the case. The team interviewed
the relatives of the man who was allegedly killed by the three accused who were
sentenced to death. The study team also interviewed the relatives of the man who was
actually hanged to death to understand the perception regarding access to justice by the
different parties to the events. The study team visited the venue of the ekokwa and the
scene of the hanging to speak to eye-witness accounts for validation of our information.
The Police was interviewed to understand how they followed up on these cases, to
understand the nature of charges that were preferred, and whether the case files were
closed or still open, and why.
A second case was followed up in Napiananya parish, Namalu sub-county,
Nakapiripirit District. The study team interviewed a man who was rescued by the UPDF
after he had been unlawfully confined for more than 5½ months. The sentence of
confinement had been passed by a Community court which was presided over by an area
LC1 chairman in the village of Nacele village, Napiananya Parish. It was not possible to
visit the venue of the Prison where the man was said to have been imprisoned.
Eyewitness accounts were very difficult to obtain for validation of information from other
sources. The Police was interviewed to gain insights on how they followed up on this
cases, and understand the nature of charges that were preferred against the man who was
rescued and to the LC1 Chairperson who was the perpetuator of the crime, and whether
the case files were closed or still open, and why.

Key Informant Interviews with stakeholders in the Judiciary:

5
 The following stakeholders in the Judiciary were interviewed as Key Informants
for the Access to Justice Study in Karamoja: the Chief Justice; the Registrar of Courts in
charge of inspection; the Chief Magistrate Soroti caretaking Karamoja; Grade I and
Grade II Magistrates in all the districts of Karamoja, as well as Court Clerks; Court
Assessors and Court Prosecutors.

Key Informant Interviews in Government ministries:

0 In the Ministry of Local Government, the following Key Informants were
interviewed: The Commissioner in charge of Local Councils and the Deputy
Commissioner in charge of Local Councils. The following stakeholders in the Ministry of
Justice and Constitutional Affairs were interviewed: The Secretary of the Law Council;
The Minister of State for Justice; officials from the JLOS secretariat. In the Judicial
Service Commission. Interviews were conducted with the secretary to the Judiciary and
the deputy DPP. In the Ministry of Gender, Labour and Social Development, the
following were interviewed: the Commissioner in charge of Probation Services; the
District Community Development Officers (CDOs); the District Probation Officers.
Interviews were also conducted with members of the Executive Committees of the sub-
county Local Councils in all the areas where the Community Focused Group Discussions
were conducted. In these meetings, attempts were made to bring on board chiefs and
opinion leaders.

Key Informant Interviews with stakeholders in the Police:

The following Key Informants were interviewed in the Police: The Commissioner
of Police, Mr. Grace Turyagumanawe, who was deployed in December 2007 as head of
the ‘Restoration of Law and Order in Karamoja’ (RELOKA) programme; Regional
Police Commander (RPC); Regional CID Officer; the District Police Commanders
(DPCs); District Prosecutors; Police Family Child and Protection Unit in all Districts;
Police Community Liaison Officers; the Officer’s in-charge of Local Administration
Police (LAP); the Officer’s in-charge of Police Outposts; Commissioner in charge of
Planning and Research; Commissioner in charge of LAPs.

Key Informant Interviews with stakeholders in the Prisons:

The following Key Informants were interviewed in the Prisons: the Commissioner
General, Uganda Prisons Service, Kampala; the Commissioner in charge of Planning,
Uganda Prisons, Kampala; the Officer’s in-charge District Prison stations; the Regional
Prisons Commander, Moroto; Prisons Warders. Interviews were conducted in the
following Prisons: Kotido Prisons, Kotido Town, Kotido District; Amita Prisons Farm,
Abim District; Moroto Prisons, Moroto Municipality, Moroto District; Amaler Prisons
Farm, Namalu sub-county, Nakapiripirit District. There were no Prisons facilities in
Kaabong. In the Prisons department, apart from the Uganda Prisons staff at the
Headquarters in Kampala; and at the Regional level in Moroto, and at the District level,
interviews were also extended to the primary consumers of the prisons services.
During visits to the Prisons, interviews were conducted with the following
categories of Prisoners, including those on remand; those already committed for trial;
those serving various types of sentence (ranging from 1-5 years; 5-10 years; 10-15 years;
and others. Some relatives visiting some of the inmates were interviewed to get an

6
understating of some of the issues they faced as a result of the incarceration of their
family members.

Key Informant Interviews with stakeholders in the UPDF:

The Director of Human Rights in the UPDF; Members of the 3 rd Infantry Division
Court Martial, which sat at the 3rd Infantry Division Headquarter, Moroto for 3 days to
hear a few of the cases in May 2008. Key Informant interviews were also conducted with
the 3rd Division Commander Brigadier Patrick Kankiriho while in Kotido at the
Nakapelimoru Brigade Headquarters in Nakapelimoru. Interviews were also conducted
with the Counter-Intelligence Officer and Political Commissar of the 407 Brigade of the
3rd Infantry Division at Moruita in Nakapiripirit District.

Key Informant Interviews with Civil Military Coordination Centres (CMCC):

Interviews were conducted with members of the Civil Military Coordination
Centres (CMCC) in the respective districts of Karamoja, who included representatives of
the Police, the Military, UHRC and the Civil Society.

2.2.2 COMMUNITY FOCUSSED GROUPS DISCUSSIONS

Primary data was collected from Community Focus Group Discussions in the
different ethnic groups in Karamoja to obtain the perceptions relating to access to justice
issues. In each community, FGDs were conducted with the following social categories:
(i) elders and opinion leaders in the permanent settlement areas; (ii) women and female
youth in the permanent settlement areas, and (iii) karachunas in the permanent settlement
areas. In the selection of youth for the focus group discussions, an attempt was made to
include those who bring on board experiences from the grazing areas, as it was not
possible to reach grazing kraals to generate perspectives from respondents. Grazing
kraals during the dry season are normally in areas where there is water and pasture for the
animals - which can be anything from 50 km plus from the settled areas. In communities
where it was possible, FGDs were also held with Local Council officials and chiefs.
In some communities, the FGDs in the permanent settlements also included elders
from the grazing areas although due to the then on-going forceful disarmament, the latter
category of respondents, together with the actual karachunas from the grazing areas were
usually difficult to identify. As much as possible, community meetings convened during
community focus groups in the permanent settlement areas included elders, women,
karachunas and female youth who had ever lived in the kraals in the grazing areas. In the
communities selected, the study tried to balance between urban and rural areas within the
region and compare models of justice and conflict resolution that are operating in these
various settings.
The study team tried as much as possible to avoid undertaking community focus
group discussions in areas where the UPDF was involved in forceful disarmament
operations, so as not to have the objectives of the study misunderstood by both the UPDF
and the local communities. Some selected community sites that had been recently
condoned and searched such as Aramtorit’s kraal in Katikekile sub-county were
intentionally left out and Kodonyo instead selected to capture the issues of access to

7
justice among the Tepeth community. The study team held Focused Group Discussions in
the following communities:

Table 1: Communities where Community Focus Group Discussions were conducted

District Sub-county Target Site for Community Date for

Community FGDs Community FGDs
Abim Alerek Ethur Lolem West Village 12 March 2008
Kaabong Kalapata Ik Moruatap village, Kamion 3 March 2008
Dodoth Dodoth Kaabong Town Council 4 March 2008
Kotido Rengen Jie Rengen Primary School 7 March 2008
Moroto Lotome Bokora Lomosingo Village 19 March 2008
Katikekile Tepeth Kodonyo Village 15 March 2008
Nakapiripirit Amudat Pokot Lochengenge Village 31 March 2008
Moruita Kadam Karinga Village 1 April 2008

2.2.3 PARTICIPATION IN AKIRIKET (COUNCIL OF ELDERS MEETING)

The study team witnessed an Akiriket that was held on Sunday 16 March 2008 at
Lomosingo, in Lotome sub-county. This Akiriket enable the study team to witness first
hand the constitution, composition and functioning of the Akiriket. It enabled the study to
understand the importance of the traditional institution, and possible synergies for
enhancement of access to justice and improvement of administration of Law and Order.
The proceedings of the Akiriket were recorded on video, and will be available for future
reference.

2.2.4 PEER REVIEWS

Various drafts of the report benefited from several reviews, some of them by
peers, who made significant comments that informed the subsequent preparation for the
final report. Among others, written comments on drafts of the report were received from:
two peer reviewers (Hon. Remegio Achia and Mr. Sam Aisu) and several organisations
including: Irish Aid; Office of the UN High Commissioner for Human Rights (OHCHR),
Uganda; Saferworld Uganda Country Office; Land Equity Movement of Uganda
(LEMU).

2.3 VALIDATION/FEEDBACK WORKSHOPS

Two validation/feedback workshops were held in Kotido and in Moroto as a

mechanism of sharing with the district stakeholders some of the issues emerging from the
study that would inform the design of the proposed models for enhancing access to
justice through the provision of legal aid services in Karamoja. In each of these
validation/feedback workshops, at least 30 district-based stakeholders interviewed during
the fieldwork in the respective districts attended. A national Validation Workshop was
also held at the Imperial Royale Hotel Kampala on 20 November 2008.
While the regional validation workshops were used as an opportunity for testing
the acceptability of tentative recommendations towards options for models for legal aid

8
for enhancing access to justice in Karamoja, the national validation workshop provided
an opportunity for the consultants to share with the wider audience some of the key
proposals made to enhance access to justice in Karamoja, including aspects of a proposed
model for enhancing access to justice. This approach helped to deflect any resentment
that occurred due to the rather sensitive nature of some findings within the mainstream
JLOS actors such as the Courts, Police and Prisons, as well as other primary stakeholders
such as the Army. The validation workshops also provided opportunity for much needed
buy-ins for the study from the initial stages as participants were given a chance to
evaluate the entire justice value chain beyond their specific individual organizations.

2.4 CHALLENGES

The Terms of reference required the study team to collect views from people in
districts neighbouring Karamoja about their views and perception on issues of access to
Justice and improvement of administration of Law and Order in Karamoja. To
operationalise this task would have required the study team to spend some time in the
districts of Acholi, Lango, Teso, Bugishu and Sebei, which share a border with
Karamoja. This did not happen due to the manner in which the study was eventually
designed. However, as an improvisation, the study team collected views of the
stakeholders interviewed in Karamoja, some of whom were originally from the districts
listed above.
Other challenges that the study team encountered included time constraints in the
field. A number of the respondents especially JLOS and CSO actors were not easily
accessible both in Kampala and in Karamoja. The sensitive nature of some of the
institutions like the police also made it extremely difficult to readily obtain information.
Insecurity also rendered some difficulties in travelling or staying on for additional hours
in a community in order to capture more information. The cost of doing business was also
highlighted as the team had to travel with an escort vehicle from one location to another.
Fuel costs in the region are usually higher compared to other places. The poor
road infrastructure contributed in quickly depleting what ever fuel was budgeted hence
necessitating adjustments to the budget
Karamoja is not a homogenous region as thought by many. The variances in
language and culture also posed a challenge to the team. The Ik for example speak a
totally different language and therefore it was difficult to quickly tease out certain key
aspects from the Ik communities. Moreover, illiteracy levels were so high, which
rendered their capacity to understand the objectives of the study rather difficult.

3 ACCESS TO JUSTICE AND THE ADMINISTRATION OF LAW AND

ORDER IN KARAMOJA - A CONTEXT ANALYSIS

3.1 JUSTICE ADMINISTRATION IN KARAMOJA: A HISTORICAL BACKGROUND

The struggle to identify the most appropriate justice administration system

suitable for Karamoja is as old as the coming into contact between the Karamojong and
the British Colonial Administrators. The major concerns for the dispensation of justice at
the time were not only the adjudication of conflicts but also the indulgence in conflict

9
prevention, management and resolution. After Uganda became a British Protectorate, it
was only Karamoja that posed a serious security and governance problem to the colonial
administrators. By the late 1890’s, Karamoja was already awash with private armies
belonging to long-distance traders competing for ivory, which they acquired by arming
Karamojong through exchanging their guns with ivory. First, were the Egyptian and
Abyssinian Ivory traffickers, and later Arab and the Swahili traders.
Unlike in other parts of the protectorate, the colonial administrators found it
extremely hard to maintain law and order. To counter the challenge on their effective
control over the territory, its people and their resources, posed by the presence of ivory
traders with their Karamojong private armies, the British declared Karamoja to be a
closed district in 1911. Entry by anyone was allowed by permit secured from the outlying
districts. A permanent military post was established in 1916. Although the British
Colonial Administrators sought to exert a monopoly over the factors of coercion in
Karamoja, it was not until 1921 that the first civil District Commissioner took charge.
When a colonial appointed chief was murdered in 1923, the British decided to
adopt a hands-off approach with regards to Karamoja, until it became difficult for them to
collect taxes and court fines (in form of cattle). The Karamojong pastoral lifestyle that
entailed high levels of mobility were considered untenable. The British Colonial
Administrator therefore sought to restrict the mobility of the people and their herds
through the creation of administrative boundaries (sub-counties, counties, districts and
provinces), which would also make it easy for structures of ‘modern’ administration to be
established.
Chiefs were appointed to enforce administration in the newly established
administrative structures, and exercised both executive and judicial functions. While
government created new patterns of authority relevant to sustain the effective
maintenance of ‘law and order’ and centralised bureaucratic administration, they did not
interfere with the operation of the traditional system (Welch, 1969).
While the traditional system prevailed, the British also introduced a dual system
of courts in the formal sector, which allowed native courts presided over by civil servants
at sub-county, county and district level. The jurisdiction of the native court system was
limited to native law and customs, to the extent that it did not conflict with the general
law of the protectorate, and the general orders as established by the colonial district and
provisional commissioners. The native courts dealt with issues related to the violation of
local byelaws and administrative directives. These courts, unlike in the traditional justice
system presided over by senior elders, were presided over by appointed chiefs who were
also given sweeping executive powers, hence played the dual role of prosecutor and
judge and as well as adjudicator (previously performed by the senior elders under the
traditional justice system).
The other court system, the ‘British courts’ had jurisdiction over all cases
involving Europeans, and all other cases which were eventually triable by the High
Court, such as murder, treason, manslaughter, rape, etc. The District Commissioner was
the final source of justice in matters concerning native customs, and could convene
‘district courts’ to mete ‘summary justice’, in his office, which was often ‘swift, harsh
and irregular’, particularly in emergency situations. Similarly, an administrative officer
could convene a court of jurisdiction according to his magisterial powers at almost any

10
time and place. It was these summary courts that were, for example used for prosecuting
raiders intercepted by the colonial army (Fleming 1964).
By the 1950’s, raiding activities of the Karamojong began to get out of control. In
1952, only 5 raids were recorded. These led to revenge raids and counter raids, which the
British failed to contain. By 1953, raids occurred everywhere, and Karamoja was in a
virtual state of war (Fleming 1964: 228). Following intensified Karamojong raids into
neighbouring districts, especially Teso, the Legislative Assembly passed the Special
Regions (Karamoja) Ordinance Act in 1958, 1 giving the Provincial Commissioner of
Karamoja the powers to declare any section of the region a ‘prohibited area’, and hence
closed to any movement of cattle and humans. The people living in areas declared as
‘prohibited areas’ had to swear a one-year ‘peace bond’. If a raid took place within the
period for which the ‘peace bond’ applied, all the people living in such an area would be
subject to a ‘collective fine’. After the ordinance was passed, cattle raiding simply
intensified following the enforcement of ‘collective fines’. It was criticised by African
members of the Legislative Council for being ineffective in achieving its objectives. The
ordinance was repealed on 25 July 1961.
The chiefs whom the colonial government introduced in Karamoja had been of no
effect. They were never respected and did not enjoy the confidence of the people.
Because the security situation continued to get out of hand, in 1961, a Special
parliamentary Committee under the chairmanship of B.K. Bataringaya was sent to the
district to investigate the problem. The Bataringaya Commission report noted: ‘the chiefs
do not seem to enjoy, either the respect and obedience, or confidence of the people. They
are just as much in danger of being attacked as any other Karamojong, and therefore
fear to assert their authority’.2
In the traditional governance system that emerged, political, socio-cultural,
spiritual/religious powers were fused in the institution of the senior elders (akiriket).
These powers were concentrated in no single individual (or office), but in the
congregation or assembly or council of senior elders. No one single senior elder could
exercise all these powers, although the oldest of them all, and who initiated before
anyone-else bore the mantle of taking lead in performing certain rites and rituals,
including leading in prayers at the assembly of elders.
In the deliberations of the senior elders, the members of the junior elders’
generation-set played no significant part, apart from making themselves available to run
errands for the senior elders. In the community assembly of senior elders (known as
akiriket), the voice of a strong, wealthy herd-owner could carry the day on one occasion,
but not on another. If his peers suspected that a senior elder was furthering outside
interests, their consensus would swing against him, so that he is reminded of his
corporate loyalty. Thus, there was no one representative of a political unit to which an
outsider could go to receive an answer, or on whom he could apply leverage. The elders’
council (akiriket) could never meet at the behest of a stranger or of one or two elders.
The inability to find a political handle on the Karamojong so perplexed British
Colonial administrators who were used to hierarchical of rule by chiefs. An Oxford
anthropologist, hired by the British to research Karamojong politics, found there was
indeed no key people on whom to confer the dubious responsibilities of indirect rule, for

1
. See Special Regions Ordinance, 1958, Special supplement to the Uganda Gazette, Vol. II, 14 August 1958, pp. 318-327.
2
. See B.K. Bataringaya, Report of the Karamoja Security Committee, 1961. Entebbe: Government Printers; pp. 13.

11
the only unitary being who held power in Karamojong society was a deity who responded
to sacrificial prayer (Neville Dyson-Hudson (1966, quoted in Knighton, 2006b: 275).
By the end of 1961, the colonial government was convinced that in the absence of
a political handle to deal with, the only way to handle the increasing raids and establish
law and order in Karamoja was to ‘strike holy terror’. The colonial government unleashed
the 4th Battalion of Kings African Rifles (KAR) in May 1962. In October 1962 the first
government of newly independent Uganda took power. One of the challenges they faced
was the menace of Karamojong warriors raiding their neighbours in the region.
The post-independent Ugandan authorities had some success in restraining the
raids, but used brutal methods to confiscate Karamojong livestock and to force them to
disarm while their neighbours, the Turkana and Pokot of Kenya, remained heavily armed.
These measures were provided for in ‘the Administration (Karamoja) Act No. 17 of
1963’. This Act gave the government appointed Karamoja Administrator wide
administrative and judicial powers. As cattle raids failed to relent, the Karamojong felt
unprotected and extremely vulnerable. The ensuing insecurity led to the passing of the
Administration (Karamoja) (Amendment) Act of 1964 that re-introduced ‘collective
punishment’ (Welch, 1969: 143). The amendment provided the Regional Administrator
with ‘special powers’, but in a nutshell, failed to stem cattle raiding, despite the use of
brute force to enforce it.
In 1970, the (Karamoja) (Amendment) Act of 1964 was amended by Cap 314 Act
13 of 1970 (section 241) and subsequently repealed by the Special Regions Act (Cap.
306) in the revised Laws of Uganda. To-date, it stands out as a piece of legislation on the
statute books intended to make provisions for the prevention of cattle raiding and
stealing. The existing Special Regions Act empowers the concerned Minister, through a
statutory instrument, with powers to declare any area to be a ‘special region’ (section 2),
where entry of any person into that area without the permission in writing of an
administrative officer is prohibited (section 3[1]) (Republic of Uganda, 2008: 14).
The Special Regions Act empowered a Chief magistrate or Magistrate Grade I to
order the leaders of a community, likely to act in a manner that could lead to bloodshed
or theft of cattle, to execute a bond or bonds on behalf of the community that the
community will keep peace, and be of good behaviour, for a period not exceeding one
year (section 6). If a community which has been bound over to keep peace act in a
manner that breached the grounds of the bond, the concerned magistrate would order that
cattle of the value of the amount of the bond be confiscated from the community (section
8). In section 11, the Act also empowered an authorised officer to follow up and seize
cattle stolen whether in a special region or outside it and those who took part in the theft,
sheltered or aided or assisted in any way persons who took part in the theft or concealed
cattle (Republic of Uganda, 2008: 14).
When Idi Amin Dada came to power in 1971 the Karamojong were dealt a further
blow by a decree they all should wear Western dress, instead of their traditional attire
(cloth made from livestock hides). The army embarked on constant harassment of
Karamojong women who continued to wear traditional cloth. For the Karamojong this
was an outrageous attack on their identity and culture, tantamount, they felt, to being told
that livestock should not matter any more in their lives (Akabwai and Ateyo, 2007).
Amin also issued orders that no Karamojong should be seen with a gun or a spear
and set the army and police to try to disarm them. Unarmed, the Karamojong could not

12
protect themselves against the Turkana, who punished them into submission by taking
most of their animals. The Karamojong, although respectful of overwhelming force,
nonetheless refused to cede their right to take up arms (Knighton, 2006b: 273). Even
given the increasing internal disequilibrium in the cycle of generations (Dyson-Hudson
1963), the power of elders has not disappeared (Quam 1997), rather it never has been
very visible to the outside observer, and every generation of elders has lamented that they
do not have power like their forebears exercised (Knighton, 2006b: 274-5).
The total lack of law and order, and inability of the state to enforce its authority,
and restore law and order, a proliferation of SALWs led to a vicious cycle of violence
that re-enforced the marginalization of the region. During decades of confinement as a
closed district (between 1930s and 1960s), the Karamojong evolved their own traditional
system of governance and administration of law and order that was intended to ensure
social harmony and collective survival in extremely hostile economic, political and
ecological conditions.
To many Karamojong, the gun enabled them to maintain or regain the pastoralist
identity which was threatened by decades of confinement in “closed districts”. Post-
colonial pressures to settle down, reinforced by frequent state seizure of their livestock,
condemned many to a sedentary lifestyle which was both anathema to the inhabitants of
the region and incompatible with ecological realities. This combination of factors made
the Karamojong especially vulnerable to droughts and upheavals and fearful of cultural
extinction. Karamoja was for a long time left out of the mainstream development and
administration of justice.
In response to these extreme stresses, many Karamojong stopped listening to the
outside world, feeling that all outsiders wanted to exterminate their culture and that all
attempts to disarm them by the colonialists and by subsequent post-independence
governments left them at risk from their non-disarmed neighbours and from ill-
disciplined Ugandan soldiers and their proxies. The Karamojong took their destiny into
their own hands and searched for any methods to own weapons. In the search for
materials with which to make homemade guns (nŋamatidai) they looted schools and
boreholes. Because people had to survive amidst many threats from all corners, they
came out with there own system that would ensure social harmony. That’s how the elders
came in to take the centre stage of law and order in order to deal with the wrong doers in
their society. No warriors would go raiding without the blessing of elders. There were
few guns and these guns were controlled by the elders who sanctioned how they were
used and when. When animals were raided they would be brought back home and
distributed by the family.
When the Karamojong acquired automatic weapons from Moroto Barracks in
1979 after the fall of the Idi Amin regime, violent cattle raiding intensified, to the extent
that subsequent governments could no longer claim the monopoly of violence in the
Karamoja region. After the National Resistance Movement (NRM) government came to
power in 1986, various attempts were made to restore law and order in Karamoja. All the
interventions that were tried to establish law and order in Karamoja instead led to more
lawlessness as they were resisted by the Karamojong. These interventions were largely
insensitive to the logic of survival for the people of Karamoja - they were ignorant of the
pastoralist ways of life. All previous attempts to force the Karamojong to sendetarise and
adopt the cultivation of crops led them to the adoption of various strategies to maintain

13
their pastoral identity, because logically, wherever there was a concerted effort to do so,
vulnerability to the worst possible effects of drought and famine were simply
exacerbated.
With the proliferation of Small Arms and Light Weapons (SALWs) in Karamoja
and surrounding regions, the elders lost monopoly over control of and acquisition of
automatic riffles. As automatic rifles became easy to acquire, it became easy to raid cattle
in bigger numbers and in a more lethal manner, totally erasing down homesteads -
something that had never been practiced before. The control that was exercised by elders
over guns was lost as youth acquired their own guns and sought their independence from
the jurisdiction and over-sight of the elders. They minimised the senior elders. They
began raiding in and outside Karamoja with or without consent of their elders. All this
was possible because of the absence of effective government control. Police presence was
limited. There was no way the people were helped to know that what they were doing
was wrong. They remained like that for a long time. The institution of the family
remained in control and the Police was no where in the picture. Teaching/education in the
formal system was a way of imparting in children the authority of the state but in
Karamoja, the low level of enrolment in formal schools meant that this avenue was never
fully exploited.
As certain sections of the Karamojong discovered that they could use the status
quo for primitive acquisition of wealth with impunity, they began to resist attempt to
establish order, and a departure from the criminal ways on the basis of which their
survival was based. Most of the raiding in Karamoja was now for private gain. Cattle are
raided for sale. The advent of the mobile phone totally changed dynamics when warriors
themselves acquired mobile phones, which they use to plan and execute raids, and to
maintain contacts with accomplices who buy raided animals. This implies that if raided
animals are not immediately tracked they become more difficult to trace as they are
loaded onto trucks, ending up in markets both in and outside Karamoja.

3.2 THE JUSTICE, LAW AND ORDER SECTOR (JLOS) IN UGANDA

The Justice Law and order sector in Uganda is composed of several institutions
namely: Ministry of Justice and Constitutional Affairs (MoJCA); Ministry of Internal
Affairs (MIA) including Immigration, National Community Service Programs and the
Government Analytical Laboratory; The Judiciary including the Commercial Court; The
Uganda Prison Service (UPS); The Uganda Police Force (UPF); The Directorate of
Public Prosecutions (DPP); The Judicial Services Commission (JSC); The Uganda Law
Reform Commission (ULRC); Ministry of Gender, Labour and Social Development
(MoGLSD) – Probation Services; Ministry of Local Government (MoLG) – Local
Council Courts (SIP II).
The JLOS Strategic Investment Plan (SIP) II also expanded the range of non-
traditional stakeholders and provided guidelines for their inclusion in its implementation.
These stakeholders included CSOs, the Private Sector, Local Government and other
sectors, government ministries and semi-autonomous bodies and initiatives. 3 The

3
. See Justice, Law and Order Sector (JLOS) Strategic Investment Plan (SIP) II 2006/2007- 2010/2011: Consolidating Gains and
enhancing impact. Final Draft, August 2006.

14
stakeholders were defined based on their direct and indirect relevance or involvement in
the JLOS operations.
The police are a critical first entry point in the criminal justice system while the
prisons are at the tail end. The various challenges that each of these institutions face
individually and collectively contribute to the failings of the entire formal system. SIP II
is deeply concerned about these challenges and has linked the opportunity costs the
economy has to pay as a result of inaction in enhancing JLOS. Some of these key
challenges include the slow legislative process, inadequate financial and human resource,
slow disposal of cases and services, limited awareness and appreciation of JLOS reforms
(both internally- Staff and externally- Public and Users). To address some of these
challenges, the SIP II underlined a number of interventions, which included the
following4:

 Legislative reform
 Reduction of case backlog
 Faster disposal of cases and matters
 Improved processes so as to minimize the cost of doing business
 Reduction of crime prevalence
 Reduction in the remand period
 Reduction of specific human rights violations
 Improved service delivery in conflict affected areas
 Rehabilitation of offenders and diversion of juveniles from the justice system
 Enhancing legal and civic awareness
 Integration of cross-cutting issues such as Gender, HIV/AIDS
 Strengthening of JLOS institutions, intra sectoral and inter sectoral linkages.

In order to enhance the achievement of the objectives of the JLOS SIP II in

Karamoja, various interventions intended to restore peace, security and address the
imbalances brought on by the regions isolation from development interventions were
underway. These interventions included the Peace and Recovery Development Plan
(PRDP) for Northern Uganda and the Karamoja Integrated Disarmament and
Development Programme (KIDDP) all of whose objectives were intended to redress the
injustices suffered by the people in the region as a result of the perennial limitations of
government institutions on the ground and prolonged conflict. The overall goal of the
KIDDP is: ‘to contribute to human security and promote conditions for recovery and
development in Karamoja’, implying that there is a deliberate attempt to work towards
sustainable peace/stability and development.
On the other hand the PRDP is a commitment by government to stabilise and
recover the north (including Karamoja) in the next three years through a set of coherent
programmes in one organising framework that all stakeholders will adopt when
implementing their projects in the region. One of the pertinent areas that the PRDP
strives to achieve in its strategic objectives in the next three years is the consolidation of
state authority. The ultimate outcome of this priority intervention is to ensure cessation of
armed hostilities, providing security, re-establish the rule of law and enabling the judicial
and legal services to become functional, protection of human rights and strengthening
4
. Ibid, page xii

15
local governance through rebuilding state institutions in the region. Police enhancement,
judicial services enhancement, prisons enhancement and local government enhancement
are among the key 14 priority programmes that have been cited and agreed upon by the
districts as most critical for stabilising the north. Both the KIDDP and PRDP
recognize that access to justice law and order was one of the pre-conditions necessary for
effective structural poverty alleviation and household poverty eradication.
The Government of Uganda had committed it self to overseeing the
implementation of these two major programmes by allocating specified amounts of
resources and establishing the necessary implementation structures. Both the KIDDP and
PRDP recognize that access to justice and administration of law and order are pre-
conditions necessary for effective structural poverty alleviation in post-conflict situations
in general, as well as household poverty eradication in particular. The critically high
levels of poverty in Karamoja have been attributed to the absence of these vital
components in Karamoja.

3.3 ACCESS TO JUSTICE: SOME THEORETICAL PERSPECTIVES

3.3.1 DEFINING JUSTICE, INJUSTICE AND ACCESS TO JUSTICE

A number of scholars have advanced definitions on what justice and injustice are.
The study team adopted the definition of Justice used by the United Nations
Development Programme (UNDP), which has defined it as: “the ability of people to seek
and obtain a remedy through formal or informal institutions of justice, and in conformity
with human rights standards”. It can also be defined as: “the rendering to every one that
which is his/her due”. Justice has been distinguished from equity in this respect, that
while justice means merely the doing what positive law demands, equity means the doing
of what is fair and right.5
The law is the practical expression of justice for the precepts of law are: to live
honestly; to injure no one and to give every man/woman his/her due. Brownfields breaks
up the definition further by looking at the nature of justice, and points out that Justice has
two major aspects. First, it is the standard by which penalties are assigned for breaking
the obligations of the society. Second, justice is the standard by which the advantages of
social life are handed out, including material goods, rights of participation, opportunities,
and liberties.6 It is the standard for both punishment and benefits. 7 Injustice therefore,
implies: (i) the violation of another’s rights or of what is right; or the lack of justice; (ii) a
specific unjust act; or a wrong. Injustice denotes acts or conditions that cause people to
suffer hardship or loss undeservedly. An injustice is a violation of a person’s rights. The
term can also refer to unfair treatment of another or others. 8 Any grievance that
necessitates remedial actions constitutes a form of injustice on the part of the person for
whom remedial action constitutes atonement. A grievance is, therefore, defined as a gross
injury or loss that constitutes a violation of the civil and criminal laws of Uganda, as well

5
. See Easton's 1897 Bible Dictionary
6
. See Brownfields, CPEO. 1999. How Important is the Working Definition of "Justice?"
7
. Ibid
8
. See the American Heritage Dictionary of the English Language, Fourth Edition

16
as a contravention of international human rights standards in instruments to which
Uganda is a signatory.
Access to justice on the other hand defines the following: (i) the ability of an
individual or groups of persons to access courts of law (physical access in terms of
distance from courts, if they are available); (ii) the extent to which they are guaranteed
legal advise, counsel and representation (legal access); (iii) guaranteeing an individual or
groups of persons just and equitable legal and judicial processes and outcomes, through
supporting them to understand technicalities of the law and its procedures (technical
access); (iv) enabling an individual or groups of persons to benefit from technical
interpretation of law written in a language they do not understand (communication
access), and lastly, (v) the ability of an individual or groups of persons to meet the costs
of pursuing justice, including the cost of their travel and subsistence (sometimes
including that of their witnesses) and court fees (financial access) (see also UNDP, 204).
Access to Justice is a fundamental human right that is guaranteed by the Universal
Declaration of Human Rights (1948). Article 7 of this declaration states that ‘All persons
are equal before the law and under the law…’. Under this law, a person accused of a
criminal offence is presumed innocent until proved guilty. The law further enjoins states
to ensure that   persons accused of criminal offences are, to all extent possible given
ample facilities and time to prepare themselves in Defence of the case against
them. Access to justice is also guaranteed under the International Covenant on Civil and
Political Rights (1966), which recognises the right to legal representation in Article 142.
Articles 83 and 93 of the UN Standard rules for the treatment of Prisoners also recognise
the right to legal representation.
In observance of these various international obligations, the 1995 Constitution of
Uganda provides for equality before the law under article 21. The right to legal
representation and the need to enable persons charged with offences that carry a death
penalty or life sentence to access legal aid at the expense of the state if they cannot afford
the cost of a personal lawyer (provided for under article 28 of the 1995 Constitution). The
Constitution also broadly provides guarantees for access to justice in the following
articles: 42, 50, 126, 127 and 128.
As the primary legal instrument, the Constitution of Uganda contains general
provisions on the measures, concepts and institutions geared towards promoting justice,
law and order. The constitution provides that the state shall provide a peaceful, secure
and stable political environment which is necessary for economic development. 9 The
constitution also makes distinct provisions for the establishment and nurturing of
‘institutions and procedures for the resolution of conflicts fairly and peacefully’.10 In
furtherance of this objective the constitution empowers the state to guarantee and respect
institutions which are charged by the state with the responsibility for protecting and
promoting human rights by providing them with the adequate resources to function
effectively.11
Closely linked to aspects of access to justice are provisions centred around the
right to development, the state’s role in development and provision that calls for balanced

9
. Constitution of the Republic of Uganda: National Objectives and Directive Principles of State Policy; National Unity and Stability
(III (v))
10
. See Constitution of the Republic of Uganda (III(iv))
11
. See Constitution of the Republic of Uganda: Fundamental and other human rights and freedoms; (i)

17
and equitable development (national objectives and directive principles). 12 Under Chapter
IV, the Constitution guarantees the rights to be enjoyed and exercised by all individuals,
which are in themselves pertinent to justice law and order. Significantly, the Constitution
creates institutions that are expected to foster and promote access to justice law and order
namely the Courts, the Police, Prisons, the Human Rights Commission, Local
Government and the Law Reform Commission.
The Constitution in Article 129 establishes the Courts of Judicature. Court
Registers criminal cases among others, conducts trials and is generally responsible for the
determination of sanctions against offenders. Articles 211 to 214 establish the Police
Force, which is responsible for prevention of crime, arrest of suspected offenders and
investigation in all nature of criminal activity. Articles 215 to 217 establish the Prison
Service. Prison is the place of detention for persons that have been accused of criminal
offences while awaiting trial, and if convicted, as they serve their sentences. The Local
Government system is established under Article 176. The Human Rights Commission is
established under Articles 51-58. Given that laws and governmental actions must be
consistent with the provisions of the Constitution, several legislation and policies have
been enacted or put in place to give effect to these measures and concepts and to establish
the relevant JLOS institutions.
It is evident that there is a basic discrepancy between western notions of justice
adopted in the formal justice systems and the notion of justice from the point of view of
the Karamojong. While community perceptions of injustice were closely associated with
livelihood challenges, JLOS institutions on the other hand tended to confine their
definitions of justice to the UNDP definition to the exclusion of social justice issues that
have an incredible impact on a community of marginalized people.
This dichotomy can explain some of the disconnects between the two systems
offering reasons for the failure of the JLOS institutions in entrenching justice law and
order and the pervasiveness of the traditional justice systems, which traditional systems
recognize and promote the linkages between livelihoods and justice. The JLOS SIP II
however recognises this value and asserts that the peoples’ needs and aspirations of the
justice system are closely intertwined with their livelihood opportunities.13

3.3.2 INTEGRATING FORMAL AND TRADITIONAL JUSTICE SYSTEMS

Traditional justice systems in Karamoja became extremely important because of

the numerous limitations and inadequacies that afflicted the formal JLOS providers. Due
to, among other: poverty; the adversarial nature of the courts; rampant corruption within
the JLOS institutions; language barriers; the absence or inadequacy of legal aid services,
the formal justice systems was inaccessible to many people in Karamoja. It is also
important to note that there was a clear disconnect between Karamojong cultural and
social practices, which favoured expeditious restorative and compensatory justice, vis-à-
vis the protracted, adversarial nature of the formal justice system.
There were various attempts to marry traditional justice systems with formal
systems through programmes such as the community service schemes in Prisons and the

12
. See Constitution of the Republic of Uganda (IX &XII)
13
. The JLOS SIP II gave some examples of what happens in people’s daily lives to include; obtaining a speedy and fair remedy in a
land dispute, a safe and value free forum to be heard in a domestic violence and settlement of contractual disputes

18
Police community liaison schemes. While the study team does not take a romantic view
of the traditional justice systems by recognizing that it was not always fully compatible
with formal law, or with the principles and norms underlying democratic governance, it is
important that these differences are acknowledged openly and that reasons for excluding
aspects of traditional justice systems are fully explained.
The test for good practice was the extent to which justice mechanisms guaranteed
affordability to ordinary people; proximity to the affected individual’s community;
simplicity of procedures and their fairness and consistency with cultural expectations.
Whether formal or informal, the justice system must eschew historic biases against
traditionally marginalized groups - women, youth, and ethnic minorities - dispense justice
in local languages, produce outcomes that emphasise community building, skills transfer,
restoration and reparation, and ensure that justice was neither delayed nor perceived to be
so.
The current legal justice in Uganda was based on the English Common Law. This
legal justice edifice was erected upon a socio-economic order established by the British
colonial government. It has been observed by various commentators that the common law
legal system currently in operation in Uganda was an alien introduction in both substance
and procedure. The judicial process was adversarial in nature. Parties strive to establish
their cases in hostile fashion while the court plays a non-interventionist role of an umpire,
as opposed to an inquisitional system where the judge sets out to get the truth through his
investigative machinery. The former, in many cases does not result in establishing the
true facts of a case. Traditionally justice systems, including that of the Karamojong were
primarily inquisitional and not adversarial in nature. They were therefore, not only more
intelligible, but were also capable of promoting the interests of criminal justice.14
The current legal system was superimposed on the various legal, semi-legal and
non-legal systems that ordered the various societies and resolved issues before
colonization. From the very start, the British run a dual system of native courts and
regular courts, while at the same time administering a sanitized colonially customized
customary law and English law. This in effect resulted in a dualistic administration of the
law.15 Within this dualism, the law played an ideological role. It turned reality on its head
to make certain laws more readily acceptable since it was presented as representing the
interests of all. The law delivered ‘justice’ differently to different people or even different
peoples by recognizing inequalities.
In this regard, therefore, the struggle for justice was not primarily a ‘legal’ battle;
and neither was it about merely reforming the law. It also called for, not only reforms in
the law to redress inherent flaws, but also struggles to change the social and economic
conditions that underpinned the legal order, and herein lay the opportunity for CSOs
involved in supporting access to justice.
There are a number of challenges in criminal procedures, especially in the way
courts work, and the way cases are proved. The Criminal Procedures Code sets out
procedure to be followed in criminal cases. Procedure is meant to secure constitutional
rights of accused persons to a fair trial and proof beyond reasonable doubt. It is borrowed
entirely from English common law and jurisprudence. Based on the ideal that “it is better
that 99 guilty persons go free than that one innocent person should be convicted”, the
14
. See Jjuuko, F.W., “Law and Access to Justice”, http://www.kituochakatiba.co.ug/LAW%20AND%20ACCESS%20TO
%20JUSTICE.htm
15
. Ibid

19
system was not only foreign but contrary to traditional approaches to the administration
of justice. The challenge therefore is: how can the positive aspects of the traditional
justice system be integrated into the modern justice system? Under the existing
legislation on cattle rustling, for example, the burden of proof rested with individuals and
allowed for the enforcement of communal punishment.16

3.4 LINKING ‘ACCESS TO JUSTICE’ AND DEVELOPMENT IN KARAMOJA

Access to justice and development are inter-twined in such a way that the absence
of one affects the other. Both are indispensable basic human rights that are critical not
only in an endeavour to fight poverty, improve wellbeing conditions of the citizenry, but
also to build sustainable peace by resolving and preventing conflicts.

3.4.1 ACCESS TO JUSTICE AND POVERTY IN KARAMOJA

Without access to justice, it will be extremely difficult to reduce poverty. The

2004 Poverty Eradication Action Plan (PEAP) demonstrated that the absence of access to
justice was in itself a form of poverty (Republic of Uganda, 2004). Other studies also
demonstrated that justice that did not work for the poor and marginalised made it difficult
for them to move out of poverty (UNDP, 2004). Poverty was in itself a manifestation of a
horde of injustices in so far as it connoted absence of not only choices and opportunities
for the betterment of economic wellbeing as well as a lack of access to basic resources
but also powerlessness to influence the conditions that the poor find themselves in.
Karamoja is afflicted by not only income and consumption poverty, but also other forms
of poverty. Poverty in Karamoja refers to the lack of basic necessities or inability to
provide for the basic necessities of life: food, water, shelter, health, clothing, education
and human rights. Structural poverty was very grave in the region and was compounded
by the factors that have a link to aspects of justice like powerlessness, marginalization,
conflict and insecurity. Indeed most respondents alluded to some or all of these issues
citing their connection to justice law and order.
In the 2007 UNDP Human Development Report, the districts of Kotido, Moroto
and Nakapiripirit were ranked the poorest as shown by their high Human Poverty Index
(HPI), which was largely attributed to cattle rustling, disarmament, drought and other
factors that make healthy and wealthy living difficult to attain. 17 Traditions and cultures
have also played a significant role in the sense that power and social relations are very
much skewed, with women being totally marginalized and voiceless with regards to all
facets of productive and reproductive economic production.
In all Karamojong communities, natural disasters like prolonged drought and
flooding (such as that of 2007) exacerbate conflicts over natural resources because of
widespread conditions of poverty. These natural disasters are responsible for causing
food insecurity which leads to famine, and sometimes death, hence undermining access to
justice. ‘Many children, women and old men are dying. So many women now have to
16
. See Michael Ochieng Odhiambo, “Cattle Rustling and the Law: Challenges and Prospects in Using the Law to Address the
Problem - Reflections from Kenyan Law”, A presentation at Stakeholders Workshop on the Protocol on the Prevention, Combating
and Eradication of Cattle Rustling in Eastern Africa Sarova Panafric Hotel, Nairobi, Kenya 14th and 15th May 2008.
17
See UNDP. 2007. Uganda Human Development Report 2007: Rediscovering Agriculture for Human Development: Human Poverty
Index for Kaabong, Abim, Kotido, Moroto and Nakapiripirit was 65.3%, 60.7% and 56.0% respectively.

20
travel very far from their homes in search of firewood for using at home and for sale to
generate income to purchase food’ (FGD, Jie Women, Kotido district). The recurrence of
prolonged periods of famine (almost on an annual basis) in the whole of Karamoja affects
thousands of people. Theft of food had become one of the most prevalent forms of
injustices suffered by the people of Karamoja. Bokora youth observed that whenever
there was hunger, those with guns would use them to find food to survive. The youth
observed: “If a person needed money, he would just go to the main highway and organize
an ambush. If children had no food to eat, and guns were available, the temptation to use
the guns would very high. Sometimes, during ambushes people would get killed” (FGD,
Bokora Youth, Moroto District).
Karamoja experiences harsh physical ecological conditions. Since the colonial
period, Karamoja has been afflicted by resource-based conflicts, which made it difficult
to successfully transform the predominantly transhumant life style of the majority of the
population. Interventions undertaken during the colonial period led to a spiralling of
violence, which with the proliferation of small arms and light weapons in the later sixties
and seventies, led to a cycle of violent conflicts that became difficult to contain. The
resulting marginalisation led not only to a low presence of institutions of the state, but
also limited utilization of formal sector institutions for administration and law and order.
The ensuing political and economic marginalization led to widespread forms of poverty
in Karamoja. The poverty and destitution left people with very few options for alternative
livelihoods. In their bid to survive, the people resorted to illegal means to appropriate
wealth and in so doing fuelled insecurity and crime.
Writings and surveys on the functioning of JLOS actors and institutions in
Karamoja acknowledge the logistical and resource constraints that the formal JLOS
actors and institutions are faced with. The marginalisation of the Karamojong led to high
adult literacy levels, widespread income and all other forms poverty. As a consequence,
the formal JLOS failed to penetrate Karamoja, leading to the pervasiveness of the
traditional justice systems. With an inactive, weak and poorly coordinated and funded
civil society characterized by limited capacity to shape and sustain a development
agenda, Karamoja was almost condemned to a cycle of violence, which was perpetuated
by a high prevalence of SALWS. Recent commentaries on the challenges of enhancing
access to justice in Karamoja recognise that the prevalence of SALWS is a function of
the broader development context in Karamoja, hence the necessity for understanding the
linkages between the two, and the extent to which they have influenced the livelihoods of
the Karamojong (see for example Government of Uganda, 2008).
To the extent that the above is true, it is argued that access to justice, law and
order can be considered as one of the pre-conditions for effective structural poverty
alleviation and household poverty eradication. The absence of strong formal justice
institutions in Karamoja partially attests to the continued high levels of poverty in the
region.

3.4.2 ACCESS TO JUSTICE AND SUSTAINABLE LIVELIHOODS

Chambers and Corway (1992), defined livelihoods as comprising: “the

capabilities, assets (stores, resources, claims and access) and activities required for a
means of living”. A livelihood is sustainable if it can cope with and recover from stress

21
and shocks, maintain or enhance its capabilities and assets, and provide sustainable
opportunities for the lives of the next generation; and which contributes net benefits to
the lives of people at the local and global levels and in the long and short term. 18 In
Karamoja, sustainable livelihoods are linked to the ability to integrate the growing of
crops and ownership and access to livestock-based resources at household and
community level. The inability to secure households food security in general, but also
access to safe water, health services as well as several other basic needs is considered as
constituting important dimensions of poverty that afflicts the people of Karamoja. In
Karamoja, a person is regarded wealthy if he has large numbers of livestock, wives,
children or granaries. Poverty therefore is relative to quantity possessions and not quality
of life or empowerment. The life the local Karamojong revolves around livestock.
Anything that affects the quality and numbers of livestock translates itself directly into
poverty ramifications, and especially unsustainable livelihoods.
Livelihood security of individuals in a particular clan in Karamoja are articulated
both at the household level (read extended family) as well as community (can be sub-
clan, clan or division) level. In order to appreciate the relationship between access to
justice and sustainable livelihoods in Karamoja, it is essential to link livelihood security
to basic needs at both household and community level, with an emphasis on rights (a
rights-based approach). To achieve sustainable livelihoods, the basic needs as well as
rights of the people of Karamoja have to be addressed. Within communities, there are
vulnerable categories that need to be targeted, especially the widows, orphans, children,
the elderly, and the disabled – because the nature of the livelihood constraints faced
varied significantly. Enhancing access to justice is one of the fundamental rights that
need to be addressed. Securing people’s livelihoods contributes significantly to the
promotion of access to justice.
The failure by government to protect people’s property (especially livestock)
and undertake long-term sustainable development intervention, as well as invest
in development and strengthening of assets at household level was critical in predisposing
families and individuals to primitive accumulation of wealth through cattle rustling. The
ensuing conflicts confounded the systems of governance and natural resources utilisation,
but also the delivery of basic social services by duty bearers. All of these factors which
explain the unsustainable livelihoods of the people of Karamoja have a direct bearing on
promoting justice, and the administration of law and order, as indigent people or poor
communities have greater difficulty in accessing justice through the formal system.
Ironically, on the other hand, the poorer one is, the higher ones probability of getting into
conflict with the law and ending up in prison. The study observed this trend after
analysing the profile of the majority of inmates in all the prisons visited. The majority
were illiterate, low standing in society, and aged between 18 and 40 years, many were
unemployed.
Years of conflicts in an ecologically fragile physical environment, with limited
state authority over the population and poorly functioning institutions of the state
undermined the resilience of households and communities. Sustainable livelihoods would
entail enabling (through empowerment) the people of Karamoja to participate in
improvement of crop production (diversification and high yielding-quick maturing

. See Chambers, R. and G. Conway. 1992. Sustainable rural livelihoods: practical concepts for the 21st century. IDS Discussion
18

Paper No. 296. Brighton, IDS (pp. 7-8)

22
varieties) as well as making livestock rearing more viable. Communities need to be
involved in service delivery. To achieve sustainable livelihoods was therefore seen as an
approach to enhancing access to justice in Karamoja.

3.4.3 SECURITY AND ACCESS TO JUSTICE

Security in general and peace in particular are essential to create an environment

in which peace and development interventions can be undertaken to reduce the high
levels of poverty. Without security, there can be no rule of law. For several decades in
Karamoja, there was a near total absence of law and order personnel, especially the
Police. Without rule of law, there can be no justice. And without justice, there can be no
rule of law and sustainable peace and security will become very difficult to achieve. It is
only when there is peace and security that it will be possible for all JLOS institutions to
function normally, and as the rule of law prevails, it will be possible to ensure democracy
and good governance. When security, the rule of law and good governance abounds,
socio-economic development will be easier to achieve than when in dearth. And the
extent to which socio-economic development will be achieved could also determine the
successes with which the reduction of the incidences of violent armed conflicts can be
realised. The above scenarios are all evidently truthful as with the case in Karamoja.
Countrywide progressive legislative and policy regimes as well as reforms in
these regimes, especially in the JLOS had failed to transform Karamoja into a peaceful
community. In light of the current government intervention to disarm the Karamojong in
order to restore security, it had become essential to examine, not only the various
opportunities available for enhancing access to justice and improvement of the
administration of law and order in Karamoja, but also the link that there is between
security and access to justice. The consequences of armed conflicts over a prolonged
period of time had redefined and reconfigured the social relationships through which
power relations are articulated.
Without general security of persons and property, there is nothing that can be
achieved in terms of securing peoples’ rights, livelihoods as well as development. The
Police cannot achieve their objectives of restoring law and order without the requisite
security in place as clearly illustrated by the police trends in the past years when at the
height of lawlessness the police force could only work within urban centres. In Karamoja,
there have been instances where Magistrates have expressed fear to preside over cases
because of threats to their lives. Insecurity is the epitome of the various injustices
suffered by the people of Karamoja as it paralyzes development interventions including
service provision. The study team was informed that in 1986 his Worship Onyer Philips
was attacked and accosted by prisoners who broke out of the prison and surrounded his
home with the sole aim of killing him shouting in the process ’you have imprisoned us
for years this is now your turn’.
In Karamoja, in order for security interventions to promote access to justice, there
has to be an overriding focus on pursuing a people-centred approach to delivery of
security and enhancement of access to justice. The current undertaking through which the
state hopes to enhance security in Karamoja is mainly through disarmament. There are
also various interventions that are intended to promote the rule of law through
strengthening the functioning of the formal Justice, Law and Order (JLOS) institutions

23
and building on the positive aspects of the traditional JLOS system in Karamoja. In order
to establish a positive link between security and justice, therefore, it will be essential to
promote greater accountability, transparency, accessibility and affordability of services
provided in the security sector and the formal JLO sector. Promoting good governance in
the security sector relevant for Karamoja calls for creative ways in which the community
in Karamoja can exercise oversight, enhance accountability of security sector service
providers to the community, and make their activities as transparent as possible to
enhance the confidence by the local population in the security sector providers. The
UPDF, the Police, the Judiciary and Prisons have to be accountable to those to whom
their services are intended to benefit – the people of Karamoja.

3.5 ACCESS TO JUSTICE AND LEGAL AID IN KARAMOJA

Legal aid has been defined as: ‘Legal services provided to disadvantaged persons
and people who cannot afford such services so that justice is ensured through access.
These services are provided for free or at a minimal cost’.19 Legal aid in Uganda began as
a constitutional mandate to enhance access to justice for persons charged with offences
that carry a death penalty or life sentence (Article 28 of the 1995 Constitution). Such
persons have a constitutional right to legal aid at the expense of the state if they cannot
afford the cost of a personal lawyer. Under the state brief system, court instructs a
qualified advocate to provide legal services to a person accused of a criminal offence at
no or minimal cost to the beneficiary (it may be as low as United States dollar 1 to open a
file). Such advocates are already in salaried employment, and so government does not
have to pay for the services. The government did not have to directly fund the legal aid,
apart from state-brief advocates provided for capital crime offenders. Payments for such
services are catered for under the national consolidated fund. Section 2 of the Poor
Person’s Defence Act 20, Volume II, Laws of Uganda 2000 states that remuneration for
legal aid in the cases specified (especially under the state brief system) shall be payable
from monies provided by Parliament as determined by the trial judge. These provisions
have been supported by other laws such as the Advocate’s Amendment Act.
Legal aid goes beyond the provision of legal advice and court representation
(primary legal aid) to include legal awareness, sensitization and paralegal training
(secondary legal aid). The government legal aid scheme has been focussed narrowly on
the criminal justice system and within it, on persons accused of capital offences. Legal
aid services for all civil matters and non-capital crimes were left to the civil society to
manage. Private schemes for legal aid were begun by CSOs as a strategy to improve
access to justice for the poor and vulnerable groups in society such as women and
children, the indigent and non-capital offenders.
The structural framework for access to justice in Uganda in general includes both
the formal and informal justice system operating within very specific and challenging
socio-economic and political environments wherever they are known to exist. The basic
knowledge and awareness of the fundamental principles of people’s human rights in
Karamoja is extremely limited, and sometimes in conflict with socially accepted norms
and practices. This means the challenges for enhancing access to justice are immense
with an embryonic state of legal aid in the Karamoja region.
19
. See LASP-NET Baseline Survey Report, 2004

24
 Access to justice is a fundamental human right encompassing availability,
accessibility, and quality of services. Justice is taken to refer to the administration of
justice through the formal judicial institutions of the state with a reasonable
accommodation of the traditions/cultural justice system. In the formal justice systems in
Karamoja, whose functioning is still largely constrained by strong attachments by the
Karamojong to and confidence in, their traditional systems, hence the potential to
undermine efforts at enhancing access to justice, the need for legal aid cannot be over-
emphasised. The limited presence of lawyers in Karamoja means that there has been very
limited legal aid provided in criminal justice as well as civil matters in Karamoja. UPDF
Military Court Martial provides legal aid (representation) only for those charged before
the military Court Martial.
Because access to justice needs are not always fully served by both the formal and
traditional justice system, there is always an overwhelming need for delivering justice to
accommodate and respond better to the socio-economic and political environment of
Karamoja. Facilities for enhancing access to justice are inadequate in Karamoja. Ability
to deliver legal aid services will not only encounter structural, financial and logistical
constraints but also insecurity due to armed conflicts. This implies that a lot more
attention needs to be focused on Karamoja.

4 THE CURRENT DYNAMICS OF THE TRADITIONAL JUSTICE SYSTEM IN

KARAMOJA

4.1 THE SOCIAL ORGANISATION OF THE KARAMOJONG

The social organisation of the Karamojong plays a very important role in enabling
and constraining access to justice. Efforts to build synergies between positive aspects in
the traditional justice system for the promotion of the functioning of the formal justice
system have to be founded on a concrete understanding of its manifestation. The
following social institutions and structures help us to appreciate the social organisation of
the Karamojong:

4.1.1 THE HOUSEHOLD/FAMILY UNIT

The household or family is the smallest social unit in Karamoja, comprising a

husband, his wife or wives and their off-springs. Sometimes adult children and their wives
will also live next to their parents. Among the mainstream Karimojong groups, this is
referred to as the ekal (plural nŋikalia). In Karamoja, in order to survive in the hostile and
unpredictable environment, several households tend to live in proximity to others whether or
not they share blood relations. The relationship may vary from sharing a common lineage,
totem, marriage or simply friendship. Several independent households (nŋikalia), living
close together, constitute what is referred to as ere, and is usually enclosed by a thorn
stockade referred to as the manyatta. Several nŋirerya constitute the erya (single ere),
which is the equivalent of what we would call a village. An LC1 village may comprise
several manyattas.
In Lomosingo where the study team had opportunity to witness an akiriket,
community focus group discussions were held at the nearest manyattas with 27

25
households, whose head was Dengele Peter Amorokotum. Every ere has a head after
whom it is usually named. This head of the village is the most senior elder. The people
living in a manyatta may have close clan ties, and every clan builds in a particular part of
the manyatta, determined by the role that clan plays in the social organisation and survival
of the community.20 These may be relatives, friends, and many times they may be in-laws
from different Karamojong ethnic groups. They may also have close clan ties with people
living in another manyatta outside the same county.
Ostensibly each household is supposed to have a herd. However, there are
increasingly many who do not have. The herding unit is based mainly on kinship.
Members of the same village will generally herd their livestock towards the same grazing
destinations. Grazing is communal. In the dry season, the herds are moved to grazing
kraals, where a more or less distinct leadership is exercised. Leadership of the grazing
kraal is determined by ones ability to protect and multiply his herd (often associated with
military prowess and organisation skills), which automatically attracts others to bring
their livestock to the grazing kraal considered to be the most secure.
The family is the first point of reference where good and bad, right or wrong are
defined during socialization. The Karamojong learn everything that they know in their
lives through the experience of their everyday struggles with hardships in very difficult
circumstances, and not through formal school. The traditional justice system starts at the
family level. The family is therefore the institution of first instance through which justice
is defined. When a crime is committed in a household, it can be solved within a
household. If the same misdemeanour continues, the responsibility for ensuring the
discipline of the family member becomes the responsibility of the entire manyatta where
the household is situated. When a member of a family in a manyatta is to be disciplined,
an Ekokwa is convened either by the head of the affected household, or by the senior
elder in the affected manyatta.
It is at the family level that the elders teach the young men how to protect the
animals, how to carry calves born while the cows are out grazing, and how to graze. The
elders also teach the herds-boys how to rescue animals that fall into ditches, how to
rescue animals under attack from wild animals.

4.1.2 THE CLANS AND SUB-CLANS

Although each ethnic group in Karamoja is organised in clans, the clans cut across
all the ethnic groups. The Karamojong have three original clans that have over time
spread out into about 19 major clans, although the number varies among the various 11
Karamojong ethnic groups. Karamojong identify themselves on the basis of their ethnic
groups or territorial sections (ekitela) which they occupy. Each ethnic group occupies a
territorial section. Broadly, Karamoja has five territorial sections, namely: the Bokora,
Matheniko, Pian, Jie and Dodoth that comprise the mainstream Karimojong. Others
territorial sections include: the Pokot and Ethur. Each ethnic group constitutes a territorial
section sub-divided into sub-sections (nŋaurianeta). The Bokora have four sub-sections,
namely: nŋimerimong, nŋikopo, nŋingoleriet and nŋiporokoi. Matheniko has three sub-
sections. The nŋimonia (those of the bush), nŋitopon (those of the stars) and nŋimogoth

20
. For structuring of institutions of the Matheniko, see LWF, “Field report of Matheniko Traditional and Introduced Institutions”,
Karamoja Rural Development Programme, Moroto, May 1997.

26
(who are visitors who came and settled among the Matheniko). A fourth sub-section on
the Matheniko, nŋitepeth was also administrative included under the Matheniko. Each
sub-section is divided further into divisions, and each division has several clans. Among
the Bokora, the first-born children were the nŋimerimong. As the first-borne, they are
initiated first, and therefore have the privilege of presiding over initiation ceremonies
(asapan), akigat (praying), and akiwudakin ceremony before moving cattle to the dry
season grazing.
Each clan has sub-clans, members of which may not necessarily be related to each
other directly. The origins of their ancestries may be different. The members of the sub-
clans may also not live in the same geographical area. Sub-clans occupy sub-sections. For
example, among the Bokora are the following sub-clans: Ngitome (of Lotome);
nŋilokopo (of Lokopo). The sub-clans of the Pian include: Nŋimariamong; Nŋitaruk and
Nŋikaala. The sub-clans of the Dodoth include: Nŋikadomiga, Nŋibongia, Nŋimerith,
Nŋikasimeri; Nŋinyangea; Nŋimening; Nŋiporein; Nŋiteutho (also referred to as Ik). The
Jie have 2 main clans, namely the Korwakol and Londingo. Each has 7 sub-clans
bringing the total to 14 Jie sub-clans. The Pokot have 32 sub-clans. The Ethur also have
seven sub-clans (‘Othema Abiro’), which include: Kakokwo Othem (in Alerek); Kanyipa
Othem (in Kano); Kiru Othem (in Kiru); Oporot Othem (in Awach); Morunyanga Othem
(in Morulem); Paragot Othem (in Atunga), and Koya Othem (in Koya). Karamojong sub-
clans are responsible for observance of Karamojong social norms, and maintenance of
discipline among members. Each sub-clan has an elder who is their leader. Their
authority is subject to great limitations.
In the various Karamojong ethnic groups, sub-clans have different roles they play
in the community, such as: diviners/seers, cursers, rain makers, war mongers, livestock,
hunters, honey, disease averters, builders, crafters. Each sub-clan is associated with a
totem, tattoos, hair cuts and have distinct set of rules of performing rituals, such as, the
skinning of a sacrificial animal, and determining which parts of a sacrificial animal are to
be eaten, by who, and when. The clans have the important role of enabling procreation
yet maintaining particular ethnic identity and cohesion. It is taboo for example to marry
from your own clan.
While the intensification of armed conflicts due to, among others, the
proliferation of small arms and light weapons has led to segmentalisation and
fractionalization of social organization among the Karamojong, with several traditional
alliances being constantly re-configured, leading to widespread intra and inter-ethnic
cattle raiding, permanent and stable alliances where no raiding occurs appear to prevail
between sub-clans in different ethnic groups. It is common to find individuals from
certain sections of Matheniko sub-clans living among certain sections of Bokora sub-
clans. It is also possible to find certain individuals from sections of Bokora sub-clans
living among certain sections of sub-clans of the Pian. That is one of the reasons why
Lorukumo sub-sections of Matheniko rarely raid Lokopo sub-sections of Bokora, or
Lotome sections of the Bokora raid the Nabilatuk sub-sections of the Pian. If however,
any acts of cattle thefts occur in between these respective sub-clans, the culprits are
quickly identified and the raided animals returned to their owners.

4.1.3 THE GENERATION-SET AND AGE-SET SYSTEM IN KARAMOJA

27
 The social stratification of the traditional Karamojong society is based on two
criteria, namely generation and age-sets (not biological age) on one hand and the clan
relations on the other. Generation-sets (nŋanyameta – or those who sit and eat together)
and age-sets (nŋazapanasia – or those who were initiated together) form the basis on
which seniority in the society is determined. To join an age-set, adult men have to be
initiated, which automatically qualifies one to become a member of the Akiriket, and
hence earn a voice to deliberate at the akiriket. The ceremony of initiation (asapan)
among male Karamojong is the only passage to adulthood. Without initiation, one
remains a spectator like the women and children. Initiation does not depend on biological
age (Pazzaglia, 1982).
There are many older men in Karamoja who have never been initiated. Initiation
is an important ritual performed across sexes to mark transition between childhood and
leadership. Through initiation formal recognition is given to the new responsibilities and
privileges that one assumes. It is marked by a ceremony such as the sacrifice of livestock
or circumcision (among Pokot women), witnessed by more senior members of the
community. Initiated women (those who have gone through the rituals of genital
mutilation among the Pokot) are entitled to marriage while the initiated men are entitled
to sit on power symbolic stools and participate in certain ceremonies and meetings.
A man cannot be initiated into the same generation-set as his father, nor before his
senior brothers. The timing determines the age-set, age-section, and generation-set into
which he is entered, and where he will remain for the rest of his life, categorized by the
names of the age-set. In a generation-set, elders can be referred to using different names,
depending on when they were initiated. As age-sets die off, so the ones below are
promoted. The senior extant age-set in the senior extant generation-set wields the most
authority, which is not primarily economic, and not military at all, but religious, and by
virtue of office, political (Knighton 2006a).
Seniority at the akiriket depends on when one was initiated. In an Akiriket of a
clan or sub-clan, the one who becomes the senior-most elder is that who was first to be
initiated in the generation age-sets of the senior elders. Among the Karamojong, the
senior most elder of all the different Karamojong clans from the current generation age-
set of the mountains (nŋimoru) is still alive, and lives in Nyakwai. In the history of the
Karamojong, the nŋimoru (the mountains) were the first to get initiated. The majority of
the current generation of the Nŋimoru are very old (above 80 years), and there are only a
handful left, suggesting that it is almost time for the nŋimoru to hand over power to the
Nŋigetei, the current second generation-set among the Karamojong, who are the junior
elders. The un-initiated youth are called the Nŋidoi, (rats). The current generation-set of
the Nŋimoru assumed power in 1956, and ever since, there has not been any ceremony of
akidungamara to hand-over power to another generation-set. The current generation-set
of the junior elders (Nŋigetei) are awaiting a hand-over of power from the nŋimoru to
become the senior elders.
The children of the current generation of senior elders (Nŋimoru) have an
opportunity to get initiated into the senior generation age-set. If your father was never
initiated, you stand no chance to get initiated into the junior generation age-set (Nŋigetei),
the gazelles. Each of the two ‘generation-sets’ comprises up to a total of five and
sometimes six age-sets, determined by one’s birth position in a family, which also
influences when one gets initiated. Even when there are conflicts between ethnic groups

28
in Karamoja, one fact is clear – that initiations are usually coordinated. The children of
the 1st initiates are usually initiated first, and become the 1 st age-set. The children of the
2nd initiates are initiated second, following in a sequential order. These age-sets are
important in the sense that even if they come from different clans, they are considered as
friends and usually form a common grazing unit during dry season grazing.
In Karamoja today, initiations are determined by availability of good harvest.
Initiations are usually held after five or six years. The senior generation-set voluntarily
hands-over power. Accession to power by the junior generation-set cannot begin until
succession has been completed, and can only be undertaken with permission from the
senior generation-set. There is currently a lot of pressure on the senior generation-set to
handover power to the junior generation-set. If succession takes place, those formerly of
the senior generation-set who may still be alive revert to a ‘no-status’, and have no voice
in the Akiriket, although they will generally still command respect as senior citizens.
Only two generation-sets can co-exist at any one time – the senior generation age-
set (here-in also referred to as senior elders), known as the mountains (Nŋimoru), which
consists of the elders in power at a given time, and the junior generation age-set, the
gazelles (Nŋigetei), which will eventually assume power. The Nŋimoru and Nŋigetei
succeed each other in alteration after several years. The uninitiated youth are referred to
as Nŋidoi, (the rats), and generally do not constitute a generation-set, and within the
Nŋidoi, there are no age-sets, except that order of birth of the boys confers some limited
privileges. The first-borne children are usually considered first. However, exceptional
cases occur in polygamous families were respect is given to the uninitiated siblings of the
first wife irrespective of their age, over uninitiated siblings of a co-wife even if her
children are senior in age.
One of the elders in Lotome told the study team that the gazelles now think they
have filled all their positions in all the five age-sets, and were therefore ready to take over
from the Nŋimoru, who due to advanced age, have lost most members of their age-sets
(through death by natural and other causes). The study team was informed that in each
generation-set, there are usually ranks associated with age-sets determined by who gets
initiated first, on the basis of which responsibilities are accorded out. The four age sets
among the Nŋimoru include: Nŋitaaba followed by nŋiputiro, then Nŋicubae/nŋikadokoi,
Nŋibaanga. The majority of the surviving Nŋimoru were from the last (the 4th) age-set as
the first three age-sets had all passed away. The Nŋigetei also have 4 age-sets:
Nŋimeguro, Nŋiwuuwa, Nŋiwapeto and Nŋiiru.
The Ethur have five generation-sets, namely: Madanga followed by Bonyo then
Erikojwi, who are followed by Eribanya and lastly the Eringathom.21 Among the Ik, the
‘Jak’ determine who should join which age-set.22 If a person is naturally gifted, that
person stands a higher chance to rise through the age-sets in the traditional hierarchy.
One is assessed depending on their behaviour and the commendation given by elders
(FGD, Ik Elders, Kaabong District). Among all Karamojong groups, young men are

. Key Informant Interview with Mr. Jackson Ayen, a senior elder of the Ethur, held at Abim Town on 10 March
21

2008.
22
. It should be noted that there are variation in the use of terminologies between the various ethnic groups in Karamoja. The Ik refer
to the ekokwa at ‘Tiw’ (the T is pronounced as D). The akiriket is called sadiek. The elders are referred to as Jak. The initiated junior
elders are called ‘kuber ik’. The equivalent of karachuna are the ‘Gasar’. The young boys are called ‘wiik’ (FGD, Ik Elders, Kaabong
District).

29
called karachuna. They take animals for grazing and watering, and are in a position to
run, chase and defend the herd in case of a raid.
Power and authority in Karamoja are wielded by senior elders, who exercise their
powers by making collective decisions, and are implemented by the junior elders.
Analysis done by the study team on the structuring of power and authority in the
traditional setting revealed that power is exercised both horizontally (first, not only
within the same generation-set, but also secondly, within the same age-sets) and
vertically (first, not only between the different generation-sets, but also secondly,
between the age-sets).
Within this structuring of power, specialised powers are also exercised by
individual with special skills. For example, elders with unique livestock husbandry skills,
such as their ability to interpret ecological conditions to determine the best direction to
take herds even in situation of conflicts confers on those who do so the leadership of
kraals in dry season grazing areas. The powers of kraal leaders are usually limited to
grazing security, movement and protection of herds. They are also responsible for
security of person during dry season grazing and resolve disputes between individual in
the grazing camps. Other special skills on the basis of which individual wield powers are
held by seers and rainmakers.
The sacred assembly sites called Akiriket are attended all male members of the
community, although it is only the initiated elders who occupy the front row in the arc-
like formation. The un-initiated elders sit outside, flanking the senior elders on both sides,
and the youth and uninitiated adult males sit in smaller groups under trees at a distance, if
they are not involved in specified duties around roasting meat and collection of firewood.
They have to be generally available to be sent by the senior elders.
The senior elders do not force the junior elders to do their bidding. The traditional
political system thrives on the consent of the governed. The suggestions of the senior
elders are usually followed by the junior elders because it is assumed that the senior
elders posses superior wisdom, and divine powers to bless and to curse. The junior elders
obey because they realize they too will become the senior elders, hence a need to ensure
the smooth functioning of the system (Welch, 1969).
The words of the senior elders are considered to be wisdom and divine. The elders
are the channels of communicating and communing with Akujů – The prayers that elders
perform in communion with Akujů during an akiriket are revered by not only the less
educated, but also the most powerful elites. They sacrifice oxen and request for the
blessings of elders in their respective endeavours. When the elders pray, they also ask for
favour from Akujů for several other problems that a community may be faced with. In an
Age-set, the first person who spears the bull during initiation session who becomes the
leader of that group of age-mates is called an Ekangaaran.
Karamojong generation-sets made up of age-sets form the political institutions of
the Karamojong society. These structures are open to all those who are legible to get
initiated and can afford cattle or a ram to offer as sacrifice for the initiation ceremony.
There is some limited specialisation within the generation-sets. The senior elders make
the policies, which are executed by the junior elders. Enforcement of decision is
exercised not by a single senior elder, but as part of a collective. Among the junior elders,
none can impose a particular mode of action on his fellow age-set members without the
approval of his option by the senior elders and his colleagues. Individual actions are not

30
common in an environment that is extremely hostile, requiring collective actions. No one
can force his actions on an entire age-set. High degree of consensus is necessary in all
aspects of decision making in Karamoja (Welch, 1969).
Among all Karamojong groups, there is a parallel social structure among women
which in all pastoralist communities is as equally structured and hierarchical as among
the men. ‘Women give respect and fear to older women. Women are organized as
women into age sets’. Among the Jie the social system, the oldest woman in every
manyatta (nŋakimak) is considered as the leader of the women. They are responsible for
all the rituals that take place inside the manyatta. They perform initiation, cutting the
umbilical cords for newly born children, and naming of children.
If someone dies, they conduct the burial rituals in the manyattas, cook, and
slaughter the sacrificial animal. They play a very central role in settling dispute or
resolving conflict within the family including marital disputes. They also perform rituals
to protect the community from pestilence attacks, for example, from locusts. The middle
aged women, including mothers (nŋathorok) execute decisions of older women such as
bringing the child to the old women for naming, and do all chores during ceremonies
such as naming of children. The female youth (nŋathorok) do ‘not reach near’ the old
women. Some are newly married, others still single. They stay at home and work at
home. They have no ceremonial role – have not yet earned a place in such public roles
(FGD, Jie Women, Kotido district).
Among the Bokora, women have their own forums. Meetings of older women are
convened to solve women specific problems. When it is approaching cultivation time,
they have to agree on when to start cultivation. They are also responsible for planning for
wedding celebration/festivities, if they are friends of a bride-to-be’s mother. Continuous
marital abuse by a husband will be reported by the wife to her parents. ‘The case will go
to eikiko, her parents will also attend’, and if the situation does not improve the parents
will return the cows and the marriage ends. However, if the man caused the marriage
breakdown the cows may not be returned, instead the elders from the woman’s side will
sacrifice a black cow to signify the end of the marriage (FGD, Bokora Women, Moroto
District).

4.2 STRUCTURES AND INSTITUTIONS INVOLVED IN TRADITIONAL JUSTICE

ADMINISTRATION

It is important to understand the dynamics of the various traditional institutions

and structures through which justice is administered and law and order maintained. This
is because these institutions and structures define and determine the political, judicial and
legislative processes within which the daily representations of the social and cultural lives
of the Karamojong are articulated to the extent of sustaining their own traditional systems
in a living vital way. This is essential because there are numerous hegemonic tendencies
in several reports and writings in which the existence and functionality of these
institutions and structures has been disparaged.23 The latter makes it difficult to appreciate
traditional justice systems only serves to perpetuate acephalous politics, which, since the

23
. This point of view was still evident because Commissioner Turyagumanawe responded when we argued that there exists a
traditional JLOS that what was happening in Karamoja was simply criminality, and could not be tolerated. A senior Police officer in
the district wondered whether during the formulation of the Constitution, there were no CA delegates from Karamoja, and if they
were, the constitution of Uganda therefore applied to Karamoja where rights, freedoms and liberties are supposed to be protected.

31
colonial period and up to the present, could explain the continued implicit ritualistic
rejection of government as interferer in Karamojong local affairs.

4.2.1 THE COUNCIL OF ELDERS’ (‘AKIRIKET’)

The akiriket is the sacred assembly place for the elders in a community, where
functions such as initiations, offering sacrifices; thanksgiving rites; and prayers for divine
intervention from Akujů are held. At the Akiriket, elders pray for rain, good health of the
people; increase in food production; peace; prosperity; increased fertility of women; good
fortune, etc. At akiriket, the elders pray for everything that they think is necessary to pray
for. The akiriket is their ‘church’ or ‘Shrine’ (hence sacred religious institution). It is not
only blessings and cursing that are articulated through ceremonies performed at the
akiriket. The akiriket is also for performing initiations – a political process by which
power is transferred from one generation set to another.
At the akiriket, senior elders share and discuss issues of importance to the
community’s survival, and hence making the akiriket a deliberative political institution in
which decision-making is undertaken by the ‘council of elders’. All public action is
debated and a consensus reached in this sacred assembly. At the akiriket, only major
issues affecting the community are discussed. The Akiriket receives reports from different
groups, visitors (nŋipeyok); from the kraals regarding the conditions being experienced
there, and if there are problems in the kraals; after hardcore criminals have been
identified, the matter is brought to the Akiriket. If these criminals are also initiated elders,
and are found guilty, they are punished by their age-set members on orders of senior
elders. The Karamojong discuss their relationship with the government and how this
affects their lives at the akiriket.
Several issues affecting the livelihood of people in the community emerge during
akiriket. Whenever they do, the elders discuss their merits and de-merits on the basis of
which decisions are made. Rigour is embedded in the process of truth telling and
confession, as offenders are obligated to ask for forgiveness from those offended and the
elders. When a curse is pronounced, it is an affirmation of a guilty verdict occasioned
onto a crime committed by an unrepentant offender, for which the culprit is just a
circumstantial victim. When praying for good luck, the prayer leaders will cleanse bad
omen from the people by smearing them with chime from a sacrificed animal
(‘Akithikong’ or ‘Akicik’). At the akiriket, when the elders curse out bad omen, it is cast
to the west. The wind blows to the west and so is the devil responsible for bad omen.
When a special akiriket is convened to discus community-wide issues, any adult
male in the community who wishes to be prayed for or blessed has to donate a bull for the
function. Once a bull has been identified and accepted by the elders, information is sent
throughout the whole community about the planned akiriket. When the akiriket is
convened, he who donated the bull has to perform the function of spearing the bull and
praying for it, and is referred to as (ekaanan emong), the one who spears the bull.24 It is
the sacrificed ox that is urging elders to come together from different territories, and it is
the ox, or rather the life that was in it, which gives life to the assembled, who are
24
. The study team offered a bull to a local Karamojong, who used the bull to request for the blessings and prayers for prosperity from
the elders at the Lomosingo Division of the Lotome sub-section of the Bokora section of the Karamojong. The akiriket ceremony was
held at Lomosingo village in Lotome sub-county, Bokora County, Moroto District on 16 March 2008, and was attended by the study
team, with representatives from the Danida HUGGO.

32
cleansed for the purpose of prayer (Knighton 2006a). After its bowels have been
dismembered, an emuron reads the intestines of the sacrificed animal to predict the
future; determine whether there are problems ahead; identify any problems that are likely
to arise in the foreseeable future. After the emuron has predicted what is likely to happen,
a seer then determines what needs to be done to forestall adversity.
At Lomosingo, the akiriket which the study team had opportunity to witness was
held under a very big tree (with diameter base height of about 10 meters), situated along
the banks of River Omaniman. The tree is a sacred shrine for the Karamojong of
Lomosingo. It is a church where they come to make request to the spirits of the ancestors
and to commune with Akujů. The elders sat in a semi-circle turning their backs to the tree
and facing East – the direction of Apule, the dispersal point for the Karamojong. The
Pokot told the study team that they also face the East (the direction of Kong-Asis, around
Mutelo Hill in Kenya) where they originated from. All elders (senior generation-set and
junior generation-set) attend, although the role they can undertake are defined by whether
or not they have been initiated, and when they were initiated relative to other initiated
person in the assembly (i.e. their age-sets). Every elder who comes to attend an akiriket
carries the stool (ekicolong) he sat on when he received blessings when he got initiated.
Grass under the tree shrine is cut and laid out neatly to form a grass carpet where the
akiriket is held. At the outward open extreme end of the akiriket, a fire place is laid,
where the sacrificed animal is roasted. Beyond the fire place is where the animal is
slaughtered, meticulously using spears.
When the Lomosingo Akiriket was in session, the second-in-command rose to
pray through a litany of greetings calling out names of clans to determine whether they
were present, to which all answered in the affirmative (‘eya’), after which the prayer
leader (ekagatan), declared the assembly as duly constituted. Like in many such Akiriket,
the most senior elder of the Lomosingo clan of the Lotome sub-section of the Bokora sat
directly in front of the huge stem of the tree (shrine), at the intersection of the two arms
of the semi-circle sitting arrangement. The elders sat in a formation shaped like the horns
of a cow (horse-shoe shape). The second senior-most elder sat at the right hand side of
the most senior elder, and the third senior-most elder at the left. They alternated between
left and right depending on their seniority according to the year/day of asapan. A second
semi-circle was formed outside the inner circle of the senior elders, comprising not only
clan members from the junior generation-set, but also visitors from other clans of the
Lotome sub-section of the Bokora.
Members of the junior generation-set are usually subordinate to the senior
generation-set as shown by their seating arrangement at the Akiriket. When meat is
served, the uninitiated wait for the initiated elders to throw meat at them. They only eat
after the initiated elders have eaten elamacar. Women do not attend the akiriket but have
their own akiriket, for example if a child is sickly to attend a sacrifice the child’s father is
required to perform, or to organize a ritualistic feast to fight pestilence from attacks by
locusts on their fields. An old woman for whom no bride price has been paid is required
to perform the ritualistic part of the ceremony to signify the community destroying the
locusts.
An analysis of these prayers showed that they were essentially a culmination of
not only justice issues, but also a profound desire for there to be an improvement in
security and development in general, as well as the administration of law and order in

33
their community in particular. In leading the Akiriket through a litany of petitions, the
prayer-leaders consensually articulated issues of justice and social harmony, and a desire
for improved security, as well as improved administration of law and order. In
responding to the litany of petition presented by the prayer leaders, the members present
at the Akiriket responded in affirmation, in a manner that signalled a consensus building
process by which both policies and laws in the traditional setting are either promulgated
and/or enforced.
Knighton (2006a) observed that during prayers at the akiriket, the exhortation to
pray moves into an antiphonal litany, where the prayer leader adopts mostly an
imperative mood to command items of the created order to be present or to multiply,
while those things that threaten to diminish life are banished. So each subsection occupies
a short length of the horseshoe formation in which they sit, and the whole assembly
replies in unison to give hearty voice to a regular, antiphonal liturgy, which is yet
spontaneous and dramatic, when well led. Then the goodness, the spiritual harmony, of
the land is affirmed, dismissing anything that threatens it. 25 Each section provides an
ekagatan to continue the prayers based on the expressed prayer needs. Leadership of the
litany changes, as each prayer leader (ekagatan) picks up the issues raised when the
agenda of the meeting was discussed. Sometimes, there is a repetition as a point of
emphasis, but usually each prayer leader picks up on issues that have not yet been tackled
by the previous leader. Each ekagatan concludes his section of the litany by invoking
Akujů, and a declaration that Akujů had heard their prayers and that his will be done.
The performance of prayer is also militarily potent. The national army can simply
be commanded to get lost. The military will not hear the words, for that would be to
incite them, but they will feel the weight of them, and if Akujů enforces this highly
locutionary performance, they will have no choice. To the words dramatic actions may be
lent, and often the command to go away or leave is accompanied by a dismissive gesture
of the long, flexible wand (ekaliye) held in the prayer-leader’s right arm as he motions all
bad things towards the west, that they may go and set with the sun. Then the
perlocutionary force may match the irresistible, unseen momentum of the terse spoken
word (Knighton 2006a).
At the Lomosingo Akiriket, a bull offered for sacrifice that was speared on the
right side, in its lower cavity, was left to die from internal bleeding. It staggered around
for a while, and then fell on its left, leaving the speared side facing above. The elamacar
was cut out using spears. It was taken to the elders and then a fire was set up between the
elders and the slaughter place. The meet was thrown on the fire for roasting. After
different parts of the meat had been separated from the caucus, the elders were invited to
come and drink blood that had coagulated in the cavity of the animal. The elders pick
lumps of blood clots, and some squat to drink from the cavity of the carcass. Only
initiated elders drunk blood from the cavity of the slaughtered bull. The women did not
take any part in the blood drinking, roasting of the animal. In fact they were not anywhere
near the akiriket.
25
. Knighton (2006a) avers that it is odd that these commands should be deemed by themselves to be prayer, when there is so little
beseeching or supplication. The elders are said to be gods; they are always acknowledged to be close to Akujů, who ‘is the brother of
old men’. Thus they speak in his name and co-opt him to their corporate will. Though Akujů may need some cajoling, his power is
most necessary for the success of the performance. That he will use that power is taken on trust at the sacrifice, for it is assumed that
as soon as the command has rung out, it has been performed and the world has been changed however it appears (See Knighton, Ben,
“Orality in the service of Karamojong autonomy: Polity and performance”, Journal of African Cultural Studies, Volume 18, Number
1, June 2006).

34
 After the meat is roasted, and elders have eaten, the youth in the clan and other
elders present at the akiriket remove their shirts and sit in the middle of the akiriket to
receive blessings from the elders. After blessings have been conferred, the senior elders
smear the youth with chime from the slaughtered animal. They smear the head, the chest
and the legs of the youth. The chime is also smeared on the tree where the shrine is, as an
offering to the spirits that reside in the tree (shrine).
After the elamacar meat is roasted and eaten by the elders, the prayers begin with
the setting of an agenda. Karamojong prayers during akiriket are not predetermined. At
the Lomosingo Akiriket, it was clear that there was an elaborate process of arriving at the
agenda of issues to be discussed by the Akiriket: They are informed by the issues that
have emerged for which the mercy of Akujů or healing is beseeched. A litany is
constructed depending on the demands of the occasion. The occasion for performance
lies not in the gift of any individual, but is a socio-cultural event requiring the explicit
permission, if not initiative, of senior elders (Knighton, 2006).
When it is time for prayers and blessing, the second senior most elder begins by
asking whether there were any issues for which prayers should be conducted. Whoever
presents an issue has to give a justification as to why it should be included on the agenda.
One by one the elders said what they think needs to be prayed for. They requested for:
prayers for good health; protection of livestock from disease and theft. They request that
the thieves be cursed if they are from among their own communities. “Kill those who are
stealing our goats. Let the goats be brought back”. Another asks for the akiriket to pray
so that there will be good sorghum harvests, and to pray for livestock. One elder stood up
and said there was an enemy in the community who was conniving with those stealing
their cattle in the village. This person was also a seer. The elder beckoned the akiriket:
“there are animals in the neighbourhood. Let them come back. Kill that person who has
been taking our animals. The army has confiscated our animals, but some of the animals
that were confiscated are seen with some other people in the community. Someone
among us is collaborating with our enemy. The army will go away and leave us in peace.
Let these animals come back”. Asked the elder: “which type of enemy is this, who is
circulating our lost animals among us? After they get confiscated, you see these animals
back into the community but with another person. Let bad luck come unto this person
who is amongst us who is behaving like a witch (ekapilan). Let something terrible
happen to this person”.
When the 2nd senior-most elder feels the issues have been exhausted, he stands up
and summarises the issues for which prayers had been requested. “I have heard that
someone in the neighbouring clan wishes all our cows in this clan to perish and get
finished. I have also heard that this person is a seer, and is an ekapilan (witch), who is
among us here”, said the senior elder. The elder sensed that there was anger that was
brewing among the elders seated in the akiriket, after the name of elder who wished all
cattle in the village to get finished was mentioned. He is the 16 th in the sitting hierarchy at
the akiriket. The elders requested that he should be asked to explain lest he be cursed.
The accused elder tried to make his defence, and he was asked to shut up and sit down.
“There are visitors among us”, the elder decided to reserve the matter for another fora
another day. A point of order was then raised, and the elders ruled that those who had
other issues to raise regarding the matter should raise them another day. The second in

35
command invites the senior most elder to commence prayers. In praying he petitions
Akujů for divine intervention. The Bokora of Lomosingo prayed as follows:

God will bless us. We will get rain. It is not good to talk carelessly. The cows
have refused to settle down. The enemy has been stealing our cows.
Everything has its day. At this akiriket, the money of Gele – this tree – all the
bad things, the diseases in cows, all diseases in cows, in people; HIV/AIDS
all go away – the elders gesticulates with his hands, as if to throw something
away towards the western direction, as he is followed by the rest of the
akiriket and the youth seated in the middle of the akiriket.
All our enemies go away. All who steal our granaries go away. We throw
away all evil. All evil will go away. God has heard. God has heard our
prayers. All will be wealthy. All will be well with the cows; the grinding
stones; the gazelles; the milking cows; Omaniman river will flow bountifully.
There will be cows. Let the cows multiply. These cows in the neighbourhood.
They will be brought back. The boys who went - did they come back. Did they
come back safe. There will be food. There will be rain. Let the cows multiply.
They will multiply. Let their be rats. Let there be peace. There will be peace.
Let there be grass. The rabbits will multiply. Everything is good.

The elders at the akiriket and the youth seated in the middle chorus their reply in
unison saying ‘eya’. Rains will return – ‘eya’; There will be food - ‘eya’; The cows will
multiply - ‘eya’; the sorghum will be plentiful - ‘eya’. This positive affirmation of good is
used to build some sense of nationalism that: ‘all will be okay and well and everything
will be good and well’ – even if it is clear that all was not well.
As the elders continued with prayers, more prayer requests were continuously
slotted in. The karachunas asked the elders to bless them to bring back the few cows that
are in the neighbourhood. Several elders in the akiriket requested for prayers for the cows
to return. The senior-most elder (emurwoit) consented and prayed: ‘those cows which are
in the neighbourhood, they will come back’. The akiriket choruses in positive affirmation
- ‘eya’ (that they will come back). The senior elder bellowed: ‘Nŋatuk eya’. The akiriket
answered - ‘eya’. ‘Arapapa kilapakinai nŋatuk nŋuna eapiete anen’. Then the elder lets
the cat out of the bag: “my children who went there very far; have they come back. Let
the boys come back, and come back quickly”, and the akiriket choruses in unison - ‘eya’.
This we were later told was in reference to warriors who went on a mission that we were
unable to confirm - it could have been those who took animals to the dry season grazing
areas or even armed karachuna who may have gone on a raiding mission!
One elder asked the akiriket to pray for a man and his son who were both sick and
bedridden. The elder continued: ‘Kiwudu nŋatuk’ – bring back all the cows from
wherever they are; protect the youth as they bring back the cows. The akiriket echoes in
unison – ‘eya’. When the prayers ended, the feasting began. The rest of the meat was cut
into pieces and given to the elders in the akiriket. As they ate, they cut small pieces and
threw at those seated behind them. The women also sent the senior woman in the village
to come and pick the meat and the offals and other parts to take to the village.
If an Akiriket convenes, praying for blessing (‘akilipakin’) is done for everybody,
whether you are a member of the clan or not. The prayers at the akiriket were reminiscent

36
of church liturgical recitations of a series of petitions made by the elders to Akujů
followed by responses from the initiated elders (in the semi-circle) and uninitiated elders
and young adults seated a distance at the shrines. Knighton (2006a) observed that these
prayers (known as akigat) revealed the usual antiphonal litany that makes the sacrifices
made during the akiriket more or less a consensually determinative event, in which, two
elders who lead the prayers (‘prayer-leaders’), known as ekagatan, petition Akujů. The
prayers, by and large, constitute the most significant discourse of not only public policy
making in the traditional setting. Whether or not the directives from the elders during
prayers were to become respected, did not so much affect the voracity with which elders
prayed for the promotion of the social good and social harmony, from the ‘antiphonal
litany’.26

4.2.2 THE SENIOR ELDERS ANNUAL RETREAT (AKILILING)

In every Karamojong group, senior elders annually perform what it called Akiper
nangolol (or retreat) to undertake major annual consultative. Key policy/decisions are
made in this annual retreat called Akililing. It is done before akiudakin and is akin to
Military High Command Meeting, which is attended only by the Nŋimoru and some
senior nŋigetei. The Akililing usually lasts as long as 2 to 3 days.

4.2.3 THE SMALL MORNING GATHERING (ETEM)

0 The Etem is a small morning meeting or gathering (ekokwa) which is convened to

check how members of a settlement spent the previous night, and whether there was a
problem. At the etem, members of a manyattas present views/events and happenings from
other villages that could potential affect their village. It also provides an opportunity to
discipline those who may have misbehaved the previous day. It discussed where to take
animals for grazing and watering animals. If there was a visitor who spent the night in the
manyatta, during the morning etem, the visitor is asked to give a narration of how they
have been living in their village. Women also convene their own etem, which is usually
convened inside the manyattas. A woman who commits a crime or misbehaves is
disciplined by fellow women during the women-only etem. The etem is called purposely
to address a concern of a village, misdemeanour, offence, etc. The equivalent of ‘etem’
among the Ethur is called ‘Ebura’, where elders come together to discuss social issues
affecting a member of their community.

4.2.4 THE COMMUNITY COURT (EKOKWA)

When an ekokwa is convened, all household heads are invited to attend and
participate. While the etem discusses issues affecting individual manyattas, the issues
discussed by ekokwa depend on the purpose for which it has been constituted. In every
village, the senior elders’ generation-set usually constitute themselves into a Council of
Elders, which superintends over the process of having ekokwa meetings, and are
responsible for ensuring not only discipline and social harmony in the respective
communities, but also their continued undisrupted existence. They are courts of first
26
. The corollary between the prayers at the akiriket and antiphonal litany has been exhaustively explored by Knighton (2006), ibid.

37
instance, especially if those directly affected are all from the respective communities.
When anything happens in the community, a mental record of all wrongdoings is kept by
the elders, who will refer to it at some point in future, should it again become the subject
of a case brought before the elders’ council. This sharing of mental records takes when
elders rest with their stool under tree shades. In the event of an Ekokwa, all heads of
households within the affected manyattas are expected to attend and participate.
If the ekokwa is constituted as an operational planning unit, it discusses problems
affecting an entire parish and sub-county, such dwindling pastures, future sources of
water, dry season migration, and diseases emerging in the community, and generally
preparing to deal with other eventualities. The ekokwa can also be used as an opportunity
to announce impending actions including issuing threats. Among all the Karamojong
pastoral groups, issues of security of the manyatta and their herds when they go out for
the day’s grazing and watering are discussed in ekokwa to determine if there are any
forms of threats. If theft of cattle takes place, an ekokwa is convened to determine who
could be responsible and the circumstances under which it happened, as well as how to
respond. Disease out break and epidemics are also discussed during ekokwa. It is in such
meetings that herds-boys are told the areas that are disease-infested that have to be
avoided while grazing. It is at such meetings that elders receive reports from karachunas
who were sent out to investigate where water and pastures can be found, which
information is used to decide where to drive the livestock for grazing.
When the ekokwa (community court) is convened, its acts as a tribunal and trial
court, and its proceedings are usually charged. When it convenes as a court, it handles
cases such as murder; defilement; theft; adultery (when a man has sex with another
woman who is married or is not his wife (whether married or not); theft, and sometimes
community-wide land disputes conflicts (e.g. in Karinga where Kadam are moving
enmass to the plains to resettle). Ekokwa are also called when a community want to
migrate their herds to look for pastures. In order to convene as a court, a request is sent
out by one of the senior elders in the affected manyattas, and after it has convened, the
meeting selects a chairperson– this is also usually the most senior of the available elder,
who is also fluent and efficient in facilitating discussions of the nature that is the subject
of the respective Ekokwa gathering. It handles several offences, and several manyattas are
usually involved. Usually the punishment meted out from ekokwa for misbehaviour is
caning using a special tree (ekaliye).
During an akiriket, any matter which requires legal counsel is usually referred to
the ekokwa and eikiiko. The traditional system in Karamoja is such that all the various
levels of the courts including Magistrate Grade I and Grade II as well as the Chief
Magistrate and the High Court are all fused in the ekokwa, and all convene at the same
premises, and at the same time. To the local Karamojong, this reduces their costs and
number of days suspects spend on remand while investigations are being done. The
ekokwa often provides a medium through which punishment by senior elders is decided
and meted out for errant behaviour by any member of the community. The ekokwa also
enforces decisions that it has sanctioned for implementation.
The ekokwa is not rushed, or convened without sufficient reasons to do so. When
a matter is brought before an ekokwa, the elders will first investigate the facts
surrounding the matter brought before them (eripiripiyo). Youth who are sent to a scene
of crime to investigate are referred to as ‘Akimimaun ŋakiro’. Elders (ekaripiripan) are

38
also sometimes used to investigate. If animal have been raided or stolen, them some
experts in tracking foot marks are sent to investigate. These are called nŋikakebak. In
each kraal, these categories of youth are trained. If they are convinced that the person
accused has a case to answer, then they set a date for the ekokwa, and all concerned in the
respective manyattas are required to attend. When anyone commits a crime, even if it is
against an individual member of the community, as long as it is a crime, it is considered
as a crime against the entire community, as long as it is deemed to have affected the
wellbeing of an individual member of the community.
When the ekokwa convenes, the senior elder who chairs the proceedings presents
to the ekokwa the subject matters of the respective case that is before the ekokwa, for
which an accused person has been brought before the Ekokwa. When the accused person
is brought before an ekokwa, the elders first establish whether that person has a defence,
and witnesses (nŋisudai) to support his/her defence. If the accused has, then the elders
will pronounce the charges before the ekokwa. The accused person will be given an
opportunity to make his/her defence. A suspect whose case is before the ekokwa is
referred to as ekasecan. If the case before the ekokwa involves theft, then the suspect is
referred to as ekokolan (a thief). Being a suspect in the community is not good. It is
abhorred. A suspected person is regarded as ‘a person moving in the dark’.
There are times when the matter before an ekokwa cannot be concluded in a day.
It is postponed to another day. When it is postponed, the accused person’s freedom of
movement will be limited, to ensure that he does not escape. Such person cannot leave
the community until his/her case is disposed off, a condition referred to as akimim or
akimimaun, which could be literally translated as an equivalent of a prisoner. The elder
will entrust someone in the community to be responsible for prisoners or suspects. Those
who watch over prisoners or suspects are called nŋekeiwok, and are held responsible if a
suspect runs away.
When a suspect runs away from the community where he/she is under
investigation for committing a crime, spies (nŋikeminu) are dispatched to locate the
suspect. Once the suspect has been located, their age-mates are sent to apprehend the
suspects (ajore-pei), and will carry with them canes of ekaliye. If the one who runs away
from traditional justice is a woman, then her age-mates will be sent, and the youth will
follow from a distance, just in case they are needed to re-enforce the women.
If a suspect denies the charge, more prosecution witnesses are looked for. The
elders prosecuting the case before the ekokwa are given more time to prepare their case.
If the ekokwa finds that the accused person is not guilty, when no sufficient evidence has
been adduced to convict the suspect, the case is dismissed, and there are rituals that will
be performed. However, if a culprit is found guilty, and accept guilt, that person has to
offer a sacrifice to the elders so that certain rituals are performed. The elders get leaves of
ekaliye tree and sprinkle water all over the body of the person who was found guilty. The
person removes his shirt so that water can be sprinkled on his/her bare chest. If the
accused person is found guilty, then a sentenced is passed, and executed.
If the sentence involves caning, then ekaliye is used for administering caning.
After being caned, the guilty person has to offer a bull to the elders. The chime is
smeared all over the body of the convicted person to chase away the bad omen from re-
occurring. However, if a suspect denies a crime even when there is overwhelming
evidence to link the suspect with the commission of the said crime, some rituals are

39
performed. The suspect is asked to bring an animal (cow or goat), it is cut and its liver
removed. Those who are suspected to have committed the crime are asked to eat the liver
raw, and swear to the gods. Whoever eats the liver, and is guilty and still denies having
committed the crime dies. All those who are witnesses to the crime, and have refused to
confess and eat of the liver will also die. If anyone of the suspects withdraws from eating
or refuses to eat the liver, then the elders will know that the witness is innocent and that
the suspect who refuses to eat liver is guilty. These processes of rituals to determine
whether a person is guilty are referred to as ‘muma’.
If an Ekokwa has pronounced itself on a punishment for a crime committed, even
if the culprit runs away and the community cant trace the culprit using the means of
enforcement available to them, the sentence which has been pronounced will stand up to
the time when they will get that person. Regardless of who you are (a Karamojong from
another ethnic group or a non-Karamojong), once you have committed a crime against
the Karamojong traditions, you will be subjected to the traditional (etal) justice system
(called cik me kwaro in Ethur).
Once a culprit is identified, s/he may or may not be beaten to punish the crime.
However, that person has to sacrifices a bull so that s/he can receive blessing to cleanse
his/her body of evil that may be associated with a previous misdemeanour. The
punishment is usually heavy in order to act as deterrence to prevent the further
commitment of the same crime by any other person, or another crime by victim of the
punishment. Punishment of culprits also appeases those who are offended by actions of
the person who is punished. If a crime is committed as a person admits to guilt, first you
are caned in public, and the elder direct some youth from the ekokwa to go to your kraal
and look for the biggest bull. If you do not have, they get from your relatives, and you
will have a responsibility to pay it back. If the culprit does not have a bull, he is forced to
slaughter a cow. If he does not have, then he is thoroughly beaten through the rituals of
Ameto (called Munyet in Pokot).
There are various forms of punishment that can be administered during an
ekokwa. They include the following: killing a bull; buying local beer for all people
around (nŋagwee); flogging or caning; paying a fine or compensation; demanding that an
offender publicly declares that he will not repeat a crime continuously for an extended
period (“akicakin”). If someone has beaten somebody he is forced to take that person to
hospital and pay his her bills he may have to sell his cow to do this until the person is
recovers (FGD, Bokora Youth, Moroto District).
A similar structure of ekokwa exists among the Karamojong women called
‘Ekokwa ke Ewuwo’ (‘ekokwa of women’). It is referred to as ekokwa (‘ekokwa
anŋaberu’) among the Tepeth. Women are witnesses in the homes as men are most times
not around home. Women know better than men what happens daily. Elderly women in
the settlement play a very important role in dispute settlement. They are the peacemakers
who resolve disputes between children, between children and their mothers, between
wives. They also resolve marital disputes between spouses or in laws and disputes
involving children: ‘children are always trouble causers – they can cause conflicts for
parents and between adults’ (FGD, Jie Women and Girls, Kotido District). The elderly
women (nŋakimak) are also given a chance to talk during an ekokwa (FGD, Bokora
Youth, Moroto District). When a man abuses a woman by making reference to a
woman’s private parts (kibon), women call for a women’s gathering, and the man

40
accused of abusing a woman is forced to sacrifice an animal, as a ritual. Non-Karamojong
can also be brought to the ekokwa as there are many Bagisu living here and selling waragi
(FGD, Bokora Youth, Moroto District).

4.2.5 THE DISCIPLINARY FORA (AMETO)

Ameto, performed by all Karamojong ethnic groups, is a process of implementing

decisions of senior elders either from the ekokwa or akiriket. When the ekokwa or
akiriket reach a decision to the effect that someone has to be disciplined or punished for a
crime committed, that person is bundled up and delivered to elders so that punishment
can be administered. The most common crimes that lead to sentences of disciplining by
caning through ameto include: abusing or beating an elder (including their one’s own
parents).
When ameto is to be performed, a person to be disciplined is brought before the
elders’ council by the junior elders’ generation-set (Nŋigetei). In the period when
disciplinary Ameto is to be held, junior elders move with canes of a shrub called ekaliye.
Ameto is performed through flogging with ekaliye canes to discipline people who have
been found guilty of indiscipline. The Ethur also perform ameto to discipline errant
behaviour. If a young man abuses or fights his parents, his age mates are ordered to cane
him using twigs of trees (called ‘Opobo’), after which he has to offer a sacrificial bull for
the elders to perform cleansing ceremonies. Whenever an animal is sacrificed, the elders
take blood (‘remo’ in Ethur)” and eat meat thrown on fire, after which they pray and then
forgive an offender, sometimes with or without a caution.
Ameto as a form of punishment among the Labwor was changing. In the past the
flogging of a person subjected to ameto was severe and thorough. Nowadays, those
subjected to ameto simply pay a fine (FGD, Ethur Elders, Abim District). Traditional
justice systems are increasingly coming under challenge. A few years ago, a young man
was caned during ameto on instruction of elders. He went to Police and reported a case of
assault. The elders defended their actions saying the young man was being disciplined.
Ameto, however can also be performed to welcome an initiated person into his new age-
set. The study team encountered the second type of ameto being performed by the
Labwor at Alerek village in Alerek sub-county, Abim District on 11 March 2008. The
second type of ameto when rituals are performed after an initiation to confirm one’s new
age-set is performed in all the Karamojong ethnic groups.

4.2.6 THE GOVERNMENT REPRESENTATIVES’ MEETING (‘EIKIIKO’)

Among the Bokora, meetings convened by government representatives, usually

Parish or sub-county chiefs or LC3 Chairpersons to pass on information, messages or
directives from government. It also refers to the formal village meetings such as those
convened by the Local Councils. Eikiiko is an adaptation from the Luganda word
Lukiiko. Such meetings are usually convened at sub-county headquarters where
information from the district or government is disseminated.

4.2.7 THE FIRE PLACE GATHERING OF CLOSE FAMILY (‘APERIT’)

41
 This refers to the fire place in kraal around which the male family members sit,
eat and sleep when in the dry season grazing areas in the cattle kraals. A household head
sits down with his household to discuss administration. These could also be small
meetings of the family where the elders teach the young traditional cultures and values,
and tell them stories through which their knowledge is passed on to the younger
generation. Men ask their daughters who is in love with them. The fathers also advise
their daughters who to go for and what to do. The same for boys - discuss which girls to
avoid. Shepherds who loss livestock are disciplined by Aperit before they are taken to
Etem.

4.2.8 RITUALS PERFORMED FOR RAIN (‘AKILAL AKIRU’)

When rains disappear during cultivating season, women organize themselves and
start demonstrating, while singing obscene language and indiscriminately beat up who
ever comes their way. They demonstrate after they have researched and identified the
probable cause of disappearance of rain (akilal akiru). The peace monument, which had
been constructed at Katanga with funding from the Northern Uganda Social Action Fund
(NUSAF), was pulled down by women because it had a sculptor of a woman carrying a
spear pointing to the sky, which the women thought was stopping rains. The mobile
telephone mast at Katanga survived being pulled down because the red colours are
considered as attracting thunder which disrupts rainfall.

4.2.9 WOMEN’S STRUCTURES

There is a parallel social structure among women which in all pastoralist

communities is as equally structured and hierarchical as among the men: ‘We seat young
women separately from older women to show respect – we respect the elderly that’s why
women and girls sit separately.’ (FGD, Women, Dodoth, Kaabong district). ‘Women
give respect and fear to older women. Women are organized as women into age sets’
(FGD, Women, Jie, Kotido district). All the communities are patriarchal and institutions
and practices entrench the supremacy of men over women. ‘Women have no voice in the
elders’ council. They would sit far away’ (FGD, Women, Bokora, Moroto district). It is
visually demonstrated by seating arrangements in meetings, where women and men sit
separately with the men in front and women behind and/ or to the side. Among the Jie
the social roles of women are as follows:

Table 2: Social hierarchy and roles among Jie females

Structure Description Role

Ngakimak Old women. At birth they cut the child’s umbilical chord.
There is a woman leader Play a role in rituals. Their role is to do
in each manyatta i.e. the initiation, naming of child, if someone dies
oldest woman. The eldest they conduct the ceremony, cook, and
of the old women is the slaughter the sacrificial animal. Names have
leader of the ngakimak meanings.
They have a role in dispute settlement or
conflict resolution within the family

42
 including marital disputes.
Ritualistically protecting the community
from pestilence attacks (locusts).
Ngathoroc Mothers – middle aged At ceremonies e.g. for naming of a child they
(ngatherok) women. do the work i.e. execute decisions of older
women such as bringing the child to the old
women for naming.
Ngatherac Female youth They do ‘not reach near’ the old women.
(ngatherak) Some are newly married, others still single.
They stay at home and work at home. They
have no ceremonial role – have not yet
earned a place in such public roles.

4.3 THE FUNCTIONING OF THE TRADITIONAL JUSTICE SYSTEMS

4.3.1 UNDERLYING PRINCIPLES OF KARAMOJONG TRADITIONAL JUSTICE

SYSTEM

In order to appreciate the factors that affect access to justice in Karamoja, it is

important to understand how and why the traditional justice system has survived and
continued to remain pervasive in much of Karamoja. To do so, the study team examined
the underlying tenets that informed the discourse of justice in the traditional systems. The
following underlying principles were evident:

4.3.1.1 INVIOLABILITY OF THE WISDOM OF THE KARAMOJONG SENIOR ELDERS

The oldest person in every family, clan and section takes responsibility for
providing spiritual and religious leadership and guidance. Elders, for being nearer to
death are seen as being closest to the ancestors of the Karamojong and to the Karamojong
‘god’ (Akujů). They therefore mediate between their families and the spiritual world. The
oldest of them all, especially the one who was initiated before all others in the same age
group takes lead in all worship and presides over all rituals performed according to the
Karamojong customs. No Karamojong in their sanity disrespect the traditional shrine.
Anyone who desecrates the akiriket suffers the elders’ curse – including becoming mad
or even suffering death. The akiriket is considered as the seat of all the spirits of the
ancestors and Akujů. Because the elders sit nearest to Akujů, lead the liturgy, and exhort
the people, they are revered by all Karamojong for their indisputable ability to intercede
with Akujů for assistance.
As whatever the elders prophesied at Akiriket continuously came to pass over an
extended period of time, the most enduring perception of the reality among the
Karamojong was inextricably intertwined with a very durable connection of a culturally-
concrete interpretation of the reality around them. The socio-cultural and politico-
economic representation of the realities of their wretched livelihoods are sustained in
traditional systems that had proved to be extremely resilient. When the Karamojong pray,
they genuinely and seriously believe that the will of Akujů will be done. The Karamojong
believe what their elders say will come to pass, and therefore will strongly respect their
wish, if not, do everything within their means to uphold it, as far as possible. If for

43
whatever reasons, the reality of the outcome of their prayers is at odds with the justice
administration in the modern sector in general, directives originating from the modern
sector are likely to be of no or little consequences on how they perceive reality.
This presents both challenges as well as opportunities for integrating positive
aspects from the traditional systems into the modern justice administration. Knighton
(2006) has rightly noted that among the Karamojong, when the words are delivered in
sacrificial prayer, reality is at once affected; besides these utterances, government policy,
army orders, and the twittering of the media, all pale into insubstantiality.
The sacred authority of society is collectively invested in the elders. They perform
prayers on behalf of society to bring down divine blessings on the community. Even
among the educated Karamojong, the ability of the elders to commune with Akujů is
highly respected especially to the extent that their blessings yield bounty harvests and
returns. Elders are revered even the more when attacks from the enemies intensify, and
through providence a breakthrough is achieved either in restoring old order or returning
of raided animals (Knighton, 2006). Even those who disobey the elders approve of their
wisdom, although they may behave in a contrary manner. The elders explained that what
was going on with the failure to respect the elders was like HIV/AIDS – “people know it
is contracted through having unprotected sex, and still go ahead and do exactly that”
(FGD, Jie Elders, Kotido District).
The positive affirmation of good during prayers – ‘that everything will be okay,
that things are good’ – even when the reality seems terribly bleak, is a powerful tool in
Karamojong traditional political discourse, where the ‘perceived good’ as defined by the
elders, and the practical reality are intrinsically undistinguishable, notwithstanding the
circumstance. Among most Karamojong, there is very strong belief in the power of the
spoken words in the prayers at the akiriket (and therefore the authority of the elders), to
the extent that to the best of their knowledge, these prayers have ability to, as argued by
(Furniss and Gunner 1995) “move, direct, overturn, and recast socio-cultural reality”.27
In the same way, the Christian Bible speaks volumes about the importance of believers
having strong faith in what they say during prayers because words can make mountains
disappear, if one has faith.28
So much so that in all the communities where focused group discussions were
carried out in March and April 2008, the study team was informed that the blessing of
elders in the traditional system was paramount in determining the political landscape in
the formal system. All politicians from Karamoja at district and national level seek their
blessings, consent and authority to compete and win in local and national electoral
politics. No politician has ever been elected who has never sought the blessing of the

27
. Quoted in Knighton (2006: 12). In fact during the Akiriket at Lomosingo in March 2008, a one Chris, our field guide, a
Karamojong refused to join the Akiriket celebration on the account that as a devout Pentecostal born-again Christian, he would not
partake of the ceremony of either drinking blood from the cavity of the slaughtered ox or taste any of the meat or be smeared with
chime for blessing because this would open a window for evil, hence to commune with the ‘devil’. He may have refused to partake of
the goodies at the Akiriket, but in his mind, he believed strongly in the same way that the words in the prayers bore the symbolism of
reality.
28
. In the Good News Bible, Mathew 18: 21, Jesus told his disciples that if they believed, and did not doubt, they could order
mountains to get up and throw themselves into the sea (after he ordered a fig that did not have fruits to dry and it dried). Jesus says in
Mathew 18: 22, “If you believe, you will receive whatever you ask for in prayer”. In Mark 11: 20-25, Jesus told his disciples to have
faith in God, saying “…I assure you that whoever tells this hill to get up and throw itself in the sea and does not doubt in his heart,
but believes that what he says will happen, it will be done for him. For this reason, I tell you: when you pray and ask for something,
believe that you have received it and that you will be given whatever you ask for”. In their traditional religion, the Karamojong do
exactly the same during their Akiriket and believe every bit of whatever their prayer leaders proclaim as the message from akujů.

44
elders, to the extent that many times, the elders even decide which person among those
who have offered themselves for election the community should cast votes for.

4.3.1.2 PUNISHING THE CRIME AND NOT THE PERSON

Due to the inherent belief in the potential for all people be good-natured,
especially in the ideal situation, the Karamojong hold it strongly on the external stimuli
that drive ‘inherently good-natured’ people into committing crimes. This, to the
Karamojong implies therefore, that the problem is not the people who commit crime
(because ostensibly there is every equal chance for anyone to commit a crime at any
time), but the crime that is committed. Punishment under the traditional justice system is
therefore, directed at the crime, but the person who embodies the crime committed,
suffers the consequences, and become that person does, the intention of the punishment
therefore is to help that person to reform. The nature of punishment is also intended to
deter the commitment of any such crime in future. Because the Karamojong consider that
they are punishing the crime and not the individual that committed the crime, the
sentences passed are usually harsh, and sometimes considered brutal. The criticism of the
modern JLOS may not reform but create hard core criminals.

Table 3: Examples of injustices identified within the Bokora community and their
penalties

Type of injustice Punishment

Murder - if a person dies following a beating; Death
Husband killing a fully married woman (for
whom bride-wealth is fully paid); Compensation equal to bride-wealth i.e. 60
Wife killing a husband cows must be paid by husband
Causing grievous harm/ physical injury Death and compensation (cows) – some older
including to a spouse women said tradition only required
compensation but not the death.
Compensate with cows and care for the person
in hospital and meet their medical costs.
60 cows.
Adultery, and Rape, defilement Used to be compensation of 180 cows and a
bull had to be sacrificed for the elders. Today
compensation of 10 cows (there is scarcity of
cattle) and a mandatory HIV test.

4.3.1.3 LOOKING OUT TO EACH OTHER FOR THE COMMON GOOD OF ALL

Almost every Karamojong adult has been a beneficiary of a social system that
seeks the collective survival of the entire population without necessarily sacrificing the
interests of any individual, and especially the weaker ones. Religious practices and social
customs are directed towards strengthening community life. 29 In cases of adversity,
individuals are usually expected to adhere to the traditional norms in ways that all
Karamojong have learnt will be expected of them when it is their turn to be
29
. See Nabuya, Daniel, 2008. “Evangelisation of Karamoja in the 20th and 21st Century: A Journey through Decades of Trials and
Blessings. Comboni Missionaries

45
magnanimous. In very difficult circumstances, survival sometimes requires that one
invests in the continuance of social safety nets within the traditional systems. As a result,
the level of confidentiality among the Karamojong is very high. Trust for outsiders is
very limited to the extent they do not understand the intentions of any of their actions.
As much as possible, the traditional justice sector emphasizes social harmony. In
an ideal Karamojong traditional setting, it is the responsibility of everybody to ensure that
all people survive, including the weaker, the elderly, the sick, the young, and the lame. In
the past when there was a raid it was the responsibility of everybody to protect the
animals in the community because all animals serve the community. While a person can
sell anyone of his animals, it is usually very difficult to sell the biggest bull in the kraal
without attracting the concern of the elders. The collectiveness/social harmony and
common good had remained only among those who follow close kinship ties within the
community.
The being of the individual is premised on the wellbeing of the community.
Actions of individuals are judged to be good if they enhance the social wellbeing of the
entire community. An individual who transgresses custom and tradition affects the whole
community, and because it is the responsibility of everybody to ensure collective good
behaviour, the whole community in which the person who commits the sin comes from is
liable for punishment. The individual who commits the sin is as culpable as any other
person in their community, and that is why a sin committed by one person can be
punished in another member of the same community (Nabuya, 2008: 62). There is a high
degree of consensus among the Karamojong about the necessity to support the continued
survival of the herds and the households. Whatever individuals do is judged as being
good or bad depending on how it is deemed to facilitate the achievement of social
harmony. The Karamojong therefore abhor anything that creates permanent conflict in a
community where risk aversion is a key survival technique.
Because people look out to each other, crimes are never reported to Police,
especially if they can do something about them. The Karamojong believe that one who
does so, creates permanent conflict between the family of the accuser and the accused.
Even though a person has committed a crime, the relatives of the accused will insist that
the accuser has a hidden agenda in taking their relative to Police and not the crime that
person may have committed. The fear to create permanent conflict makes it difficult for
people to take cases to Police (FGD, Ethur Elders, Abim District).

4.3.1.4 THE PROMOTION OF RECONCILIATION AND ‘WIN-WIN’ SITUATIONS

The processes through which disputes are resolved varies from one community to
another depending on several factors, such as the nature and seriousness of the crime; the
background of the offender; where it is first reported; whether there were eyewitnesses or
not, among others. Bokora women explained that: ‘Beating is done to discipline not to
harm or hurt the guilty person’. After punishment has been dispensed, the culprit has to
undergo a process of reconciling with those he/she offended, through truth telling,
confession, and directly asking for forgiveness, and thereafter some rituals will be
performed. The person punished has to kill a bull and provide local beer for the elders to
consume together with the aggrieved (FGD, Bokora Women, Moroto District).

46
 The intention of feasting together after punishment is meted out is to ensure that
forgiveness is sought, granted and reconciliation achieved. In the traditional justice
system, once forgiveness is requested for, the party from whom it is requested has an
obligation to grant it. This is because without forgiveness, their can be no reconciliation.
And no punishment for whatever ill is complete without reconciliation. This process is
considered as being a very important outcome of the traditional dispute settlement
process, which is why the meeting will make the parties sit and eat together and the guilty
party must apologize.
While these processes were still widespread in the villages, in the urban settings
where LCs exists, cases may end up with the LCs and formal justice system, where
reconciliation is not an end deliberately pursued in dispute resolution, whether or not
punishment is made. In the traditional setting, when there is a dispute or conflict, it is first
referred to the Council of elders to handle. Among all Karamojong ethnic groups, the
modern justice system is considered as being incapable of reconciling two conflicting
parties. Among the Ethur, there is a common belief that whoever reports a clans-mate to
Police will suffer bad omen such as developing swellings all over their body. The elders
said many such cases have been recorded in the past. Many times even cases that have
ended up with the Police are withdrawn for arbitration in the community (‘Dwogi Paco
Paco’) using rules from the traditions of the Labwor (‘Cik me kwaro’). The Labwor
elders said that there were some cases that don’t need Police, for example, when a
woman pours ash on another woman, the Police cannot handle it the way the traditional
courts would have handled it (FGD, Ethur Elders, Abim District).
Under the ethur traditional justice systems (‘wea othem’), ‘Cik me kwaro’
demands that no case is closed until ceremonies for reconciliation have been performed.
No rituals of reconciliation are complete without a sacrificial ram. In addition, if an
aggrieved person has suffered injuries (physical and emotional) due an action of another
(e.g. in case of adultery where a man is caught with another man’s wife), compensation
(‘culu kwor’) has also got to be paid. Under the formal justice system, a ruling will be
made, and someone may get a conviction and thereafter a sentence to serve some time in
prison or pay a fine, but this will not reconcile the aggrieved parties. The elders noted that
reconciliation brings good health, peace and calm (‘kelo yot com’) between aggrieved
families. The traditional justice system creates ‘win-win’ situations, and yet in the formal
justice system, it is ‘winner-take-all’ (FGD, Ethur Elders, Abim District).
The principle of reconciliation is dispute resolution under the traditional justice
systems is a very good one. If a person kills another, the family of the person killed are
compensated to arrive at a win-win situation. If you get the killer also killed or sentenced
and incarcerated away from the community in a Prison, you punish two families. That of
the person who was killed and the family of the killer who was sentenced. And yet if you
compensate the family of the aggrieved person, you enable them to generate an economic
benefit after they have their bread winner or future bread winner killed.
Most of common crimes in the community, for example, a child abusing or
fighting his parents cannot be handled well by the Police. If a child is arrested and taken
to Police, Police detention or Prison custody will not reform that child. Instead, the child
will graduate into a hardcore criminal. The traditional system has greater preventive and
refraining potential than the modern justice system (FGD, Ethur Elders, Abim District).

47
 In Labwor, if after committing an offence, a culprit comes back to the person who
was aggrieved and publicly accepts guilt (in a process of truth telling), is repentant and
with great humility, asks for forgiveness, the one from whom forgiveness is requested is
under obligation to grant it. Once the process of reconciliation (‘thilo’) has been
undertaken, including carrying out all the necessary rituals such as ‘drinking bitter herbs
from an open pot while knocking heads’ (‘Matho Yat Bur’), then good relationship will
have been cemented – the heart will have been cleaned or the hands will have been
washed clean (‘Elwoko Cwiny Jo’). This implies that the parties to a conflict would have
become totally reconciled. If all such rituals and ceremonies are performed and anyone of
the parties begins to behave as if there was never total commitment to reconciliation is
either ex-communicated and/or banished from the community, if at all s/he survives
being lynched to death. It is believed among the Labwor, that, any person in the
community who dares to share food with another who has been ex-communicated or
banished suffer from a disease that weakens their teeth (FGD, Ethur Elders, Abim
District).

4.3.1.5 FOCUSING ON CRIME PREVENTION AND DETERRENCE

Traditional justice administration focuses on prevention and deterrence of the

further commitment of the respective crime as its primary objective. Access to justice is
widely perceived by the Karamojong to be faster even if it is seen as not fair by outsiders.
For example adultery in traditional system is punishable by 60 cows and yet under the
adultery law (before it was scrapped), one was liable to pay a fine of a paltry Ushs. 600/=.
Punishment for crime in the traditional sector was more deterrent than in the modern
system. In Karamoja someone can live his wife behind for 10 years and no one will touch
the woman because of the heavy deterrence.
Many of the mob justice-related murders are occasioned by a desire to deter
future commitment of similar crimes. A case of a one Illukor, who stole the goats of the
Grade II Magistrate Kotido was narrated to the study team by the Kotido Grade II
Magistrate himself. The said Illukor was arrested but after his mandatory days in custody
he was released as the presiding Magistrate (whose goats were stolen) could not hear the
case as an interested party. Illukor continued stealing. Whenever he stole his family was
forced to compensate the aggrieved parties until they decided that they were tired of
compensating on his behalf, having depleted the resources of his family and relatives. His
own family agreed to kill him by tying him up and forcing him to drink acaricides used in
cattle dips (hence the name ‘cattle dip’ for this type of killing). 30 Since 2005, the Police
Station in Kotido had received 4 cases of parents or relatives who have killed their
children for selling livestock without their permission and were previously brought to
Police, which released them because of lack of evidence or credible information about
their activities.31
Traditional justice institutions prevent crime and control the heart of a person.
They instil discipline in the hearts of people. As institutions, they are good for preventing
conflicts. The way the traditional system was design makes it ideal for acting as
deterrence to the commission of crimes. However, once an offence has been committed,

30
. Interview with Mr Lotyang Paulino Abunyila, Magistrate Grade II, Kotido held at Kotido Magistrates Court
31
. Interview with Mr. Emaju, J.P., and District Police Commander (DPC), Kotido held at Kotido Police Station on 14 March 2008

48
the weaknesses in the traditional system become apparent. Punishment sometimes is very
arbitrary. Cultures are extremely useful when it comes to bye-laws (no cutting trees, no
doing this and that). Beyond that they have real problems. The levels of crime had gone
up. Crime had also become virulent. These institutions are very useful when dealing with
criminality within the same community of clan members. There were now so many inter-
ethnic crimes.
Taking to Police a case of an incestuous sexual relationship can never stop the
continuation of such a relationship. Under the traditional justice system of the Labwor,
the crime of incest is an abomination, punishable by banishment of those engaged in the
act, once they have been found guilty of the crime. To be allowed to continue normal life
in the community, the love birds are subjected to very embarrassing cleansing ceremonies
(intended to symbolically separate them). First the culprits have to find a black sheep and
medicine beads. A small hut is built, and they are forced to stand on opposite sides facing
opposite directions. A fire is lit and they are forced to run in the opposite directions and
the community gathered to witness the ritual shout at them, calling them wizards
(‘agwok’). The rituals are so shameful, humiliating and embarrassing that no one ever
wished to be subjected to the same fate (FGD, Ethur Elders, Abim District). They act as a
form of deterrence to the commitment of any such sacrilegious crimes, which if allowed
to go unpunished would easily lead to in-breeding, the off-springs of which are likely to
become weaklings. This would jeopardise their chances of their survival and that of the
community in a very hostile physical environment such as that of Karamoja.

4.3.2 COLLATING EVIDENCE IN THE TRADITIONAL JUSTICE SYSTEM

In the process of administering justice in Karamoja, various techniques for

information collection are used under the traditional justice system. When elders meet
someone whose intentions they are not sure about, they extract information through an
extended greeting. ‘When you came, how was the road? Was it raining? How were the
people you met? Did you meet anyone? Whom did you meet on the way? Did that person
sound okay? They sometimes continue: ‘Mata beyai, mata Nŋatuk ebuniba’. 32 From such
extended greetings, they are able to size-up their visitors, which apparently helps them to
understand whether the person is an enemy or not, and whether or not that person is
telling the truth about where he coming from or going. The greetings may have changed
significantly, but the essence was still the same.
The traditional system also tries to corroborate evidence provided. During crime
scene investigations, the formal system uses fingerprints but the traditional system uses
expert tracking of footprints to determine the direction taken by one who has committed a
crime. During an ekokwa, witnesses are produced when considered necessary to provide
evidence. The traditional system is not argumentative and adversarial as the formal
justice system. The intention of the traditional justice system is to establish whether a
suspect committed a crime or not, while in the formal justice system, it is not so much
whether a crime was committed or not, even after there is evidence that someone did, the
prosecution has to prove beyond any reasonable doubt that the crime was committed.
When a crime is committed, say a person has been killed, the elders investigate
(aripirip) to determine whether the killing was accidental or not. The junior elders
32
. Interview with Mr. Robert Lochap, Manager UNDP Project, Nakapiripirit District, held on 2 April 2008

49
(Nŋigetei) who are sent by the senior elders to investigate (nŋikaripiripak) have to speak
to various witnesses, and examine the evidence they collect before they can report back
to the senior elders. It has been observed that seers (emurons), fortune tellers and
traditional medicine men and women (‘witchdoctors’) are widely used for investigations,
especially if it involves determining what happened in the past or is likely to take place in
the future. Once enough evidence has been collected, a suspect has to be apprehended. A
decision to apprehend can be taken in an akiriket, but usually in an ekokwa. The senior
elders direct junior elders (assisted by energetic young men) to execute an arrest of a
person who is considered guilty (through ameto).
If a crime is committed and all key suspects are in denial, the suspects are made to
undergo certain rituals. They are made to eat raw liver from a sacrificial animal, upon
which they declare that a curse be upon whoever performs the ritual well knowing that he
or she is not innocent. The elders and those present ‘call upon Akujů to be witness’
(‘Akinyam emany’).
Those who are sent to execute an arrest are called ‘Ekekamunan’. After a person
has been arrested, sometimes, a sentence is not immediately passed. When this happens,
the senior elders task a trusted elder to guard a suspect or convicted person. This person
whose duty is to guard a suspect is called ‘Nŋiketok’. If a person who is being guarded
has already been sentenced and awaits the execution of a sentence, the one who guards
such a person is called ‘Akiroch Itunganan’ or ‘Akiroch-Akien’. Like in the case of Amei,
whom the LC1 Chairman had confined awaiting the fate of the people he injured, Amei
told the study team that he could not run away from his captors because he was being
guarded on a 24 hour basis by a person with a spear stationed outside his hut
(‘ekarochan’ or ‘ekaenan’), who also occasionally served him with food through a small
opening in the door.
If cattle have been stolen from a village, the senior elders in that village will
commission a group of junior elders assisted by energetic youth with skills in tracking
(nŋikewapak nŋakejen) to determine the direction where the animal were taken, and
establish who might have been responsible for the cattle theft. The one caught with a
stolen animal pays twice for cattle and four goats for one goat stolen. Usually,
communities are keen to resolve cattle theft issues quickly after it has been established
that stolen cattle ended up in a particular village. This is because failure to resolve a small
case of cattle theft usually marks the beginning of a revenge raid, which could lead to a
cycle of raiding activities.
After an individual has been identified as a serial offender/habitual criminal
(Nŋikasecak), a group of elders are tasked to counsel that person of errant behaviours
(Akisirworiun Nŋikasecak). If the habitual criminal is usually involved in theft of
livestock, and by bad luck, one such cattle theft results in a revenge raid on cattle in the
entire community by an aggrieved community elsewhere, such a crime becomes a serious
crime. Serious crimes are crimes that undermine ability of affected households and the
entire community to continue to survive. When an individual become a liability to the
community, his or her own family are tasked by the community court to end his life.
In administration of law and order under the traditional system, the Karamojong
have been instrumental in tracking those who are responsible for road ambushes which
have direct consequences on their lives. Karamojong warriors tracked the killer of Father
Declan O’Toole to a UPDF detach, although the UPDF had wanted to disguise the killing

50
as a crime committed by Karamojong warriors. The warriors also tracked the killers of
Fr. Mario Mantovani, a Catholic Priest from Losilang mission in Kotido. The study team
was informed that the elders tracked the killer of a one Mr. Achuka, a World Food
Programme (WFP) driver after WFP suspended food distributions to Rengen sub-county.
In 2007, some traders were killed in an ambush along the Lira to Kotido road.
Some of those who were killed were Jie traders from Rengen. The relatives of the Jie
traders killed tracked the killers, and extracted compensation from them. The
Karamojong have very advanced traditional tracking expertise. It is very difficult for
those who commit crime within Karamoja not to become known especially if the crime
affects a Karamojong. This means in strengthening the capacity of the state to restore law
and order and enhance access to justice and improve the administration of law and order,
support should be provided to establish and operationalise a community policing system,
in which the local Karamojong have a proactive role to play.
Among the Pokot, if a man impregnates someone’s daughter and refuses to accept
responsibility or to marry the girl, the Pokot have a traditional way of determining
whether the child belongs to the man. Rituals are performed such that when a kid starts
talking, the first words it mentions will usually be the name of the clan of the father.
After the birth of the child and people will come and sit in a secret place, one of the
people will be the suspect, the lady will accompany the kid and the kid is asked to greet
the people, the kid will go and greet its Dad. If however, the pregnant girl refuses to
mention the name of the father of the child, the girl will not give birth until the leader of
the clan of the father is mentioned by the Traditional Birth Attendants. The Pokot
community don’t hide crime. Once a crime is committed, the culprit is easily identified.
Crime is mainly investigated by the elders (poikini). Among the Pokot, even if a suspect
runs away from traditional justice, that person will be traced and arrested and returned to
face justice ‘Ano Muno Chemwokughon’. Once a person has a case to answer as a
suspect, that person can rarely afford to run away because of strong curses in the culture
of Pokot. A case is carefully prosecuted under the traditional system (‘Kakilany Khet’)
(FGD, Pokot Elders, Nakapiripirit District).

4.3.3 COMMON OFFENCES CONSIDERED UNDER THE TRADITIONAL

JUSTICE SYSTEM

The confidence that Karamojong have in the ability of the traditional justice
system depends on the cases handled by the traditional justice system on the basis of
which the study team derived the most commonly mentioned offences. The following
were identified:

Assaults:
Assaults, occasioning physical bodily harm were the most widespread in all the
districts of Karamoja. Usually, they are caused by alcohol abuse coupled with a lack of
awareness of alternative means of peacefully settling disputes. In Abim, it was reported
that assaults are mainly committed or escalate in months of November to March because
of redundancy. During the dry season people tend to over drink when there is little garden
work.

51
Thefts:
Thefts were mentioned as common crimes throughout Karamoja. It was only
among the Ik where theft was said to be very rare. The Ik traditions are so strong, to the
extent that property left by the roadside, can be retrieved the following day. The granaries
of the Ik are left in the field to dry, and no one steals from these granaries (FGD, Ik
Elders, Kaabong District).

Defilement:
Although defilement is prohibited under the statutory law, the local culture
considers it as an acceptable practice. Often times parents whose children have been
defiled will report the matter to the Police only so as to pick a report form which they will
use to threaten the accused person with. These parents are not really interested in
involving the Police in the investigation. Defilement is rampant in most parts of
Karamoja, largely as a result of child marriages. In Katikekile sub-county, among the
Tepeth, girls are married off immediately after circumcision between ages of 10 and 18
years. This is usually with the consent of the parents.

Adultery cases:
Although adultery is traditionally considered as a serious crime by the
Karamojong, it was a common crime in all the communities where the study was carried
out. Over-consumption of alcohol by men and women was identified during community
focus groups discussions as the leading cause of adultery among women and men among
the Ik (FGD, Ik Elders, Kaabong District) and the Bokora (FGD, Bokora Youth, Moroto
District). While adultery was considered rare among the Ik, among the Bokora, the Youth
said during an FGD: “while drinking you begin to admire some ones woman when the
woman gets drunk you begin to tell her some words you then start to negotiate with her
on how you can meet to make love to her you agree to go to some place a short distance
from the drinking place its how people are caught. People plan to go where people
normally urinate” (FGD, Bokora Youth, Moroto District).
If an adulterous man survives the wrath of the woman’s husband, the community
forces the adulterous man to pay a fine of 60 heads of cattle as a refund for the bride price
of the husband. Adultery cases are usually handled by seniors elders of the respective
clans of those involved who have a stake since they participated in the marriage of the
two parties (if close relatives, will certainly have contributed cows for payment of bride
price), while the woman’s relatives were beneficiary of the cows. In Abim District, the
LC’s are also involved in handling of cases of adultery (FGD, Ethur Male Youth, Abim
District).
Among the Pokot, extra-marital sexual relations with unmarried women are not
considered as a problem. However, adultery, sexual relations with married women
(‘elomi’) is considered as a serious crime. Anyone found guilty of adultery is seriously
beaten and thereafter fined the exact number of heads of cattle paid as bride price for the
woman involved. Any adulterer who cannot afford to pay gets cursed. Once cursed, you
don’t get buried when you die. You end up being eaten by hyenas (FGD, Pokot Elders,
Nakapiripirit District).
Even after the fine has been paid, in all the Karamojong communities, an
adulterer has committed an abomination, and has to be banished from the community

52
(‘ikirik iyong ekokwa’). To become a normal member of the community, an adulterous
man has to perform some rituals to cleanse the community he has offended. He has to
offer a bull for ritual cleansing. For cleansing himself and for elders to pray for him so
that she can be treated as a normal member of the community. Among the Ik, adultery is
like a curse, which the offender and his relatives have to struggle to break, on top of
paying the usually fines (FGD, Ik Elders, Kaabong District).

Sorcery and night dancing:

Sorcery and night dancing are also considered as serious crimes. Once arrested,
the community instructs someone to drive a dry stick into and drive it in the rectum of the
sorcerer or night dancer. Other serious crimes include: committing bestiality (carnal
knowledge with animals); traitors who leak to enemies information on location of herds,
leading to a raid of livestock (‘ata lolit’). This is considered as sacrilege, and the traitors
get banished from the community. Other serious crimes include: Murder of relative or
clan member; desecration of traditional shrines, especially by cutting trees at the shrine.
Elders cast a spell on the culprit, including death, madness or blindness.

Rape:
Among all the Karamojong ethnic groups, rape has two dimensions. There is one
which is permissible, and not considered as a major crime and another which is illegal. It
is illegal in case the man is not married to the women in question or has not shown any
interest in the women or has not intentions of marrying the woman. Among the Pokot, a
person accused of rape is beaten and forced to pay a fine or something small (‘somongu’)
(FGD, Pokot Elders, Nakapiripirit District). Raping was mentioned as an injustice in
Bokora (FGD, Bokora Youth, Moroto District). However, once married, the notion of
marital rape does not exist in traditional Karamojong discourse. Similarly, if a man has
been visiting a woman and has shown interest in the women, rape as a form of or in the
process of courtship is not illegal. Once it happens, then negotiations for bride price
commence, if the man is not already married to the woman. Cases of pre-marital rape as a
form of courtship were widespread among the Karamojong.

Murder:
Murders and revenge killings are widespread in both rural and urban areas. The
nature of punishment meted out when the crime committed involves murder depends on a
number of considerations. If a person commits a murder of another person from the same
clan or community, it is considered as a serious crime, although the irony is that same-
clan murders are most likely to be settled through blood compensation as a way of
avoiding the creation of permanent enmity. In Nakapiripirit, several vehicles including
that of the former RDC Bwalatum were ambushed by Pokot warriors. One of those who
died was a Pokot. Those who carried out the ambush compensated the family of the
Pokot victim.33 Sometimes, murders involve persons who are not from the same clan or
even community. Such murders, although not considered as serious crimes, could
degenerate into revenge killings, especially if blood compensation is not quickly

33
. See interview with Mr. Emmanuel Twagira, Regional Internal Security Officer (RISO) North East Sector, Karamoja, held on 17
March 2008

53
forthcoming. Sometimes to avert revenge killings, the suspect surrenders to the Police for
their own security.
Among the Dodoth, if a person commits a murder and runs away from traditional
justice, the relatives of the deceased will descend on the relatives of the alleged murderer
and pick out anyone whom they think will be as painful a loss as their murdered relative,
and also murder that person, unless the real culprit shows up. This ensures that the
relatives of the accused have responsibility to produce an accused person to face the
traditional justice lest someone else pays the ultimate price. The Karamojong punish
repeated delinquency with death, executed by the culprits own family. A karachuna can
be hired to kill a person for as little as shs 100,000/= to 30,000/= (FGD, Bokora Elders,
Moroto District).
When a murder case comes before the ekokwa, the elders’ first responsibility is to
establish whether it was intentional (for which the offender also gets a death sentence). If
the suspected murderer has been a habitual criminal, and the community wants to get rid
of that person, a death sentence will most probably be proclaimed. Offenders who try to
escape traditional justice are usually apprehended by karachunas on orders from the
senior elders. If karachunas fail to locate a suspect, the elders perform rituals to cause the
death of the suspected murderer -on-the-run. If the killing was accidental, the suspected
murderer will be arrested and handed over to the elders who, after compensation has been
paid and cleansing rituals performed, will decide whether or not to handover the culprit to
the Police (FGD, Dodoth Youth, Kaabong District).
Among the Pokot, the payment of blood compensation (‘lapai’) for serious crimes
(‘lelut cho-wechon’) is the responsibility of the whole clan. The amount of compensation
paid ranges between a few heads of cattle to several hundreds depending on whether the
murdered person was a man or woman, child or adult. In case the murdered person is a
man, it depends on how many women and children he had. In case the murder is of a
woman, it depends on whether bride-price for her was paid in full, and whether or not she
had children, how many (boy or girls). Compensation for an adult male head of a
household is not less than 100 heads of cattle and for a child 60 heads of cattle (FGD,
Pokot elders, Nakapiripirit District).
Among the Ethur, in case a murder is accidental, a process of reconciliation
(‘thilo’) is arranged, which includes the payment of blood compensation. The killer pays
a total of 60 items, including the following among others: Cows, goats, traditional Ethur
hoes (‘Kwe Tur’), 1 or 2 axes, needles for sewing hides for women’s skirts (‘piro’). In
addition to the 60 items, a ram is sacrificed. It is stepped on until it dies (Nyona Nyona).
Local bitter herbs (called ‘Yat Bur’) are collected and put in pieces of a broken pot. The
killer and a relative of the victim drink from the open pot together at the same (‘Matho
Yat Bur’). This process of ‘thilo’ can also be arranged in case of an adultery case, after
paying a compensation of 60 heads of cattle to the husband of the wife involved.
If a person dies following a beating, the killers are also subjected to the same fate
– death by flogging. A man who kills a fully married woman (for whom bride-wealth is
fully paid), whether or not this woman is his wife has to pay compensation equal to bride-
wealth paid for the woman (at least 60 heads of cattle). A wife who kills her husband may
also be killed depending on the circumstances under which the killing occurred. The clan
of the woman will also be ordered to compensate the family of the late husband.
Sometimes, only compensation may be paid. One who causes grievous harm/ physical

54
injury including to a spouse is ordered to compensate with cows and care for the person
in hospital and meet their medical costs. The fine for adultery is 60 heads of cattle. In
case a person is convicted of rape or defilement under the traditional system, in the past
compensation of 180 cows had to be paid and a bull sacrificed for the elders. Today,
compensation varies from several heads of cattle to 10 (due to realisation of scarcity of
cattle). If it happens in the urban areas, a mandatory HIV test may be demanded to
determine the sero-status of the culprit who committed the crime, on the basis of which
the fine is based (FGD, Bokora Women, Moroto District).
There are some cases of ardent criminals, who even after they have been punished
under the traditional system, continue to commit the same or other crimes. Such persons
are likely to become the subject of mob lynching. The study team was informed in the
communities visited that if a person who has been disciplined continues committing the
same crimes for which he was disciplined, that person could get killed by his own family.
Sometimes, habitual criminals are surrendered to the Police ‘to take them away from the
community’. By the time a person is surrendered to Police, the traditional system has
already proved that the person is guilty, and beyond repair. If a person that the traditional
system agrees to surrender to Police is released back into the community for lack of
evidence, or even prosecuted, sentenced, and convicted, jailed and released after serving
their prison sentence, and commits any other crime, he will simply be killed by beating or
hanged. If a criminal has to be hanged under these circumstances, the relatives are under
obligation to co-operate with the demands of the community. The whole community
reigns on the relatives of the individual for his lynching (FGD, Tepeth Elders, Moroto
District).

4.3.4 SENTENCES EXECUTED BY COMMUNITY COURTS: SELECTED CASE

STUDIES

4.3.4.1 DEATH BY HANGING OF LOKIRU AT NAKORISAT VILLAGE, KOKUWAN PARISH

On 29 April 2007, at Nakorisat village, Kokuwan Parish, Namalu sub-county, one

Lokiru Kiyonga Mariko was hanged by a Community Court of the Village. Two others
were rescued after the nearby UPDF detach got information of their impending hanging.
A number of local leaders were arrested for having participated in the community court.
Those put under safe custody for further arraignment included: Liko Paul chairman LC2;
Angelo Mariko; Aleper Paul Chairman LC1; Loumo Mariko; Lodim Zakariya; Lokeris
Philips – the Parish Chief who was said to have been the Secretary of the community
court; Oketch Paul, Kokuwan Parish Councillor at Namalu sub-county.34
Local Council officials interviewed at Namalu told the study team that the late
Lokiru Kiyonga Mariko (who was hanged), and two accomplices had been playing card
games for much of the previous day, alongside the murdered victim. They were singled
out as prime suspects. It was claimed Mariko had a slight limp in his walk, which he did

34
. Recorded in the Daily Occurrence Record Book 407 Brigade Headquarters, Nakapiripirit Sector, 3 rd Division. The incident
occurred in the 33rd Battalion area of responsibility

55
not have the previous day. When elders investigated, it was discovered that the limp was
as a result of kicks he sustained during the fight with the man they killed. Mariko, when
pressed for an answer could not give an alibi. The community sentenced Mariko and his
colleagues to death by hanging. Mariko was hanged first because he was the key suspect.
His two associates were rescued by the UPDF before their sentence could be executed.
Two Local area Councillors who were arrested by the army for having
participated in the meeting said they went to the community court convened by the
relatives of the dead person to listen to proceedings of the ekokwa. The mob at the
meeting almost lynched them when they tried to plead with the ekokwa to take the
suspects to Police.35 The proceedings of the community court happened so quickly and
Police which is about 5 kms away at Namalu was not aware. The study team was
informed that villagers in Nakorisat village were tired of Mariko because he was a
habitual drunkard and criminal, and wanted to get rid of him. The community had kept
mental records of his unbecoming habits. It was claimed that the late Mariko had been
involved in another murder in a neighbouring sub-county. After Mariko’s death, there
had not been any more similar killings in the entire Kokuwan Parish. The hanging was a
deterrent to those who would have wanted to commit similar crimes. 36 For Maria Lotukei,
a single parent, and mother of the late Mariko, talking about the incident brought back
bitter memories although she said she had no grudges with those who killed her son. 37
The branch of the tree where Mariko was hanged in front of his mothers hut was cut
down to symbolize the end of his life.

4.3.4.2 UNLAWFUL CONFINEMENT OF AMEI AT NACELE VILLAGE, NAPIANANYA PARISH

On 31 December 2006, a one Amei Echoriameri Loote,38 Male 32 years, while at

Nacele village, Napiananya Parish, Namalu sub-county, Nakapiripirit District had a
family quarrel with some people from their manyatta. In course of the quarrel, Amei who
had an SMG rifle, threatened to shoot one of those who he was quarrelling with. As he
fidgeted with his gun, a bullet allegedly went off ‘accidentally’. In the ensuing
commotion, Amei is alleged to have lost his cool, and showered the hut in which his
victims had entered with bullets, critically injuring four men and one woman. The victims
were rushed for treatment to Matany Hospital and Tokora Health Centre III. All victims
of the shooting recovered after spending over one year in hospital.39
Amei was arrested by the relatives of the four people who were injured and was
subjected to a community court (ekokwa) presided over by Mr. Achia Michael, the

35
. Interviews with Mr. Lomokol Paul, Councillor Kokuwan Parish, Namalu Sub-county and Ms. Nachap Regina, Vice Chairman,
LC3 Namalu Sub-county, held on 3 April 2008 at Namalu Trading Centre
36
. While at Nakorisat, the study team interviewed some members of the village who were gathered around curios to know what was
going on
37
. Interview with Maria Lotukei (mother of the late Lokiru Kiyonga Mario who was sentenced to death by hanging by a Community
Court at Kokuwan), held on 3 April 2008 at Nakorisat Village (where the hanging took place) in Kokuwan Parish, Namalu sub-
county.
38
. This case study was the result of an interview with Mr. Amei Echoriameri Loote, who was sentenced to life imprisonment by a
Community Court presided over by the LC1 Chairman of Nakale Village, Napiananya Parish, Namalu sub-county, Nakapiripirit
District, and was rescued by the UPDF on 18 May 2007, after service 5½ months of his life sentence.
39
. At Nakapiripirit Police Station, this case was referenced as: SD 08/21/05 2007 Nakapiripirit Police Station (CRB 117/07).
(Accessed on 2 April 2008).

56
Nacele Village LC1 Chairman, a relative of the injured people. The community court
sentenced Amei to solitary confinement, until the fate of the victims of his shooting
would become known. If anyone of them died, Amei would either have been killed or
forced to pay compensation (or both). Amei was confined at the home of the LC1
Chairman of Nacele Village. Amei was rescued from unlawful custody on 18 May 2007
during a Cordon and Search operation by UPDF from Lolachat detach. This was after 5½
months from 1st January 2007.
Amei told the study team that he was starved during his confinement. He was
mainly fed on local brew dregs after 3 to 4 days. He would only get a good meal when his
people came to check on him. After the UPDF rescued him, he was taken to Moroto
Police on 19 May 2007. His case came up for first mention on 6 June 2008, and was
subsequently arraigned in court, charged and remanded to Moroto Prisons on 18 June
2007. The state preferred the following charges on Amei: 4 counts of attempted murder
by shooting, and 1 count of unlawful possession of a firearm. In the case of the State
versus Amei, the LC1 Chairman is a state witness. 40 He stayed in Moroto Prisons until
March 2008 when he was transferred to Amaler Prison Farm in Namalu. He was released
from Amaler Prison on 15 March 2008 after the expiry of the mandatory period of
remand. At the time of the study, Amei was required to report to Nakapiripirit Police
Station once a week and whenever summoned to make Court appearance.
The visibly traumatised Amei explained to the study team that his confinement in
a poorly ventilated grass thatched hut, lockable from outside and guarded on a 24 hour
basis by spear wielding karachunas was a violation of his human rights, and therefore a
form of injustice. He lived under inhuman conditions during his confinement. He was
never allowed to leave his confinement to make long calls. He would help himself inside
the hut. Once in a while, when his mother visited, she would clean the hut.
The state also pressed charges of unlawful detention against the Nacele village
LC1 Chairman. His file was still at the Regional CID office, Moroto, and had not yet
been transferred to the Courts for prosecution to commence. LC1 Chairman was released
on Police Bond to look after the victims of the shooting, who as prosecution witnesses,
were essential in helping the Police with the investigations surrounding the case. The
LC1 Chairman unfortunately disappeared.41
The case against Amei was still open, pending trial by the Chief Magistrate. PF3
from his victims had not yet been retrieved, but investigations into the case file had been
completed. The last Chief Magistrate court session held in Moroto was in 2004. No one
was certain when the Chief Magistrate would be convened to hear the case.

4.3.5 DRAWING LESSONS FROM THE TRADITIONAL JUSTICE SYSTEM

A number of lessons can be drawn from the functioning of the traditional justice
system. These lessons, which are relevant to the understanding of factors that affect
access to justice in Karamoja, also help to elucidate the reasons for the inherent
pervasiveness of the traditional systems, despite the increasing exposure and integration

40
. At the Prosecutor’s office in Moroto where the file was, the case was referenced as: File No: NAK-CRB-116/2007; Court No:
NAK-06-C0-CR-0012/2007 (accessed on 9 April 2008).
41
. Interview with Mr. Namong Nathan, Detective Corporal in-charge Regional Crime Records/Registry, Moroto. Interview
undertaken on 9 April 2008

57
of traditional Karamoja to modernity and modern paraphernalia of formal justice
administration. Among others, the following key lessons were identified:

4.3.5.1 THE VISIBILITY OF TRADITIONAL JUSTICE

Under the traditional justice system, justice is always seen to be done. In the
formal system, suspects are taken away, and as a result the community does not see
justice being done. Sentence passed are served within the community, and the conditions
that pertain to serving the sentences deter the commitment of a similar crime by any other
person in the same community. Justice delayed in justice denied. Karamojong view the
formal justice system as inherently slow in taking actions against criminals, which
undermines their confidence in the system. Although hurrying justice sometimes opens it
up to mockery, justice has not only got to be done, it also has to be seen to be done
physically. In Karamoja, justice administration under the traditional system is clearly
visible. Notwithstanding the criminality entailed, especially in the two case studies
referred to above, the sentencing of Amei - who was unlawfully confined - was quick,
and the sentence executed where the crime was committed. It always serves as a very
effective deterrence for commitment of crime.
With regards to the second case, Mariko was sentenced by an ekokwa which was
quickly convened at the usual venue - a huge tree that also serves as an evening market
where local brew is sold to people from the neighbouring villages. After the sentence was
passed, Mariko was walked from the venue of the ekokwa in Kokuwan to Nakorisat
village (about 400 metres) to Nakorisat village where he stayed with his mother, and was
hanged on a mango tree in-front of the mothers’ hut. In Moroto, Tepeth youth aptly
summarised the thinking of many Karamojong towards the formal justice system and the
manner in which cases are handled: “When you take a serious matter like murder to
Police they keep the person for sometime and release that person without any
punishment” (FGD, Tepeth Male Youth, Moroto District). Fines for many civil cases in
the formal justice systems (e.g. insult, assault, abuse etc.) are so low that they are not a
good deterrence to the continued commitment of the same crime. Yet in the traditional
system, the offender feels the pinch when the case is handled by the elders under the
traditional justice system.

4.3.5.2 THE IMMEDIACY AND EXPEDIENCY IN TRADITIONAL JUSTICE

The immediacy (closeness and nearness of the justice being done) and expediency
(practicality of justice being done) of the administration of justice in the traditional
system makes it difficult for anyone genuinely interested in enhancing access to justice
and improving the administration of law and order to ignore them. When the formal
justice system is functioning well, it should ensure that the sentencing and prosecution of
offenders is as close as possible to where the crime is committed to deter further
commitment of the crime as a result of the accompanying embarrassment when
prosecution and sentencing is done nearest to where the crime was committed.
The traditional system in Karamoja is such that all the various levels of the courts
including Magistrate Grade I and Grade II as well as the Chief Magistrate and the High

58
Court can be fused in the same institution, and all convene at the same premises, and
most of the time at the same time. To the local Karamojong, this reduced their costs and
numbers of days suspects spend on remand while investigations are being done.
It is not easy to change a system that has evolved on its own and functioned for
generations through further proscriptive legislative reforms that do not take cognizance of
the need to change the value systems. The introduction of formal systems whose
outcomes the people of Karamoja have always accepted with reservations was certainly
bound to engender challenges. It was unlikely to be faultless. A District Councillor in
Kaabong intimated to the study team: “The people of Karamoja believe in what they see.
They believe in seeing. Therefore, they will have to see the system work to their
advantage first”.42

4.3.5.3 FLEXIBILITY AND PRAGMATISM OF THE TRADITIONAL JUSTICE DISCOURSE

The administration of justice in the traditional setting, like in the modern setting,
is informed by concrete socio-economic realities, which the justice system serves to
protect. In Karamoja, the traditional justice system evolved out of some pragmatism. The
weaker the presence and effectiveness of the formal justice system, the more robust the
traditional systems were found to be. Nakorisat village where a man was sentenced to
hang by a community court (ekokwa) was a distance of 4 kms away from the nearest
Police Post at Namalu and not very far away from Amaler Prisons Farm. The road
leading to the village is a loose surface track passable mainly during the dry season and
potential for being impassable during the rainy season.
That is why the traditional system thrives. Cases are handled locally instead of
taking criminals to Police. If a person kills another, a compensation of 60 heads of cattle
are paid. When a person is arrested by the local community after a crime is committed
and it is confirmed in the traditional system that the culprit committed the crime, all they
want to see is that person punished swiftly. There is no motivation of people to come
forward and become witnesses and testify in court. On the other hand there is a lot
justification for people not to come forward to give evidence in courts of law, because of
the negative repercussions of doing so.
Adversity somehow forces people in Karamoja to look to each other. When
adversity strikes, the people feel abandoned with no one coming to their rescue. Because
this has happened to people continuously, and for decades, they become uneasy if anyone
one day wakes up to tell them to do something that makes them go against the traditional
systems that have been there for them when no other institutions was. When they suffer
famines, sometimes, the formal is not there for them. Therefore in trying to break the
york that tradition has over the people by promoting the formal system, we have to go
slow by ensuring that we remain relevant to the realities of the suffering that people have
endured for a long time.

4.3.5.4 POLITICAL CONTROL AND THE POWER OF ‘CULTURE’/’TRADITION’

42
. Interview with Hon. Poak Peter, District Speaker, Kaabong and Hon. Kamar Knox, Secretary for Production, Kaabong District
Local Government, held at Kaabong District headquarters on 4 March 2008

59
 To appreciate the power of ‘culture’/‘tradition’ in exercising political control in
the formal sector, it is essential to define the various categories of elites in the
Karamojong society. The following were identified: (a) Educated Karamojong.
Increasing there are more Karamojong going to school now than ever before. The number
of University graduates by 2005 was about 450. There are more and more secondary
schools that are churning out educated people. (b) The second category as the Political
elites. These include politicians in sub-county and district local government councils as
well those who are involved in Politics at the national level. (c) There are also
professionals from Karamoja, in the mainstream public service, as well as in the military,
police, prisons, to mention a few. (d) There are also elites Karamojong business men and
women in Karamoja and outside Karamoja.
Tradition and culture have effectively maintained a stranglehold on all these
different forms of elites mainly through the age-set and generational set system of the
Karamojong. The symbolic as well as real power and authority derived from being an
initiated Karamojong has ensured that all elites maintain respect of the system, and strive
to generate approval. Whatever the level of education, many still look forward to being
initiated, and as long as one is not, that person has no command or traditional power in
the community. There are some things that the elite in Karamoja cannot do in Karamoja
without the consent of senior elders, which would be much easier for them if they were
initiated.
However, the stranglehold is also maintained through the ‘cultivation of fear’,
executed by occasioning serious negative consequences either on the actual person, or
their relations including immediate family, through various forms of punishment by those
who seek to perpetuate the status quo in terms of social order. UPDF informers,
especially at Parish and community, once their identity becomes known are not targeted
directly. They raid the animals of their relatives, and leave explicit messages regarding
the cause of their actions, and likely implication for their continued behaviour in the way
they do. This largely explains the intensity of small incidents of intra-ethnic livestock
raiding. Not many people would wish to be associated with negative consequences of the
actions of their relatives, when in the first place, being an elite bestows guardianship
supposed to bolster the continued survival of the immediate and extended family.
To get into an elected position in the formal (and legal) political system, either at
the local (sub-county or District) and national level, Karamojong individuals (read
politicians) covertly or overtly seek the support from the non-formal ‘traditional’ system.
For the politicians and local leaders, to go against tradition in general, but also the
warrior machinery in particular means risking important networks and connections with
the grassroots. Most had, as a result become lethargic, having acquiescenced to fear –
whether real or imaginary.
A senior UPDF Officer revealed that some politicians indulge in ‘double-speak’
to protect their political constituencies and social networks. For example, there have been
instances when raided animals have been tracked to grazing kraals and camps with
connections to Karamojong politicians. In March 2008, a cordon and search operation in
Nadunget yielded 15 guns from a kraal where some councillors had their cattle. Their
arrest caused a lot of uproar as the UPDF was accused of human rights violation.43

. Interview with Major Moses Agaba, Director Human Rights, UPDF General Headquarters held on 8 April 2008 at the 3rd Infantry
43

Division Headquarter, Moroto

60
4.4 COMMUNITY PERCEPTIONS OF COMMON CAUSES OF INJUSTICES IN
KARAMOJA

4.4.1 INJUSTICES AS PERCEIVED BY DIFFERENT KARAMOJONG GROUPS

4.4.1.1 PERCEPTIONS OF INJUSTICES

It was difficult to get direct responses from the community FGDs about injustices
affecting the community due to language and translation limitations. The study team
therefore employed an indirect method. The team elicited the response by establishing the
socio-economic and political structure of the community, livelihood activities, and the
division of labour and roles among women and men. From these, the FGDs were able to
identify the conflicts arising among them from the livelihoods activities. Usually,
conflicts and disputes faced were undistinguishable from the notion of injustice, and both
were most of the time used inter-changeably.
All the local communities interviewed were emphatic about their perceptions of
these two aspects of justice clearly distinguishing the two standards of justice. For the
Karamojong, the lack of access to and opportunities for development, including the
perennial hunger that the local communities had to contend with every year were
described as injustices. Among the Ik, injustice was referred to as ‘Gaan Suk’. The Ik
also linked it to livelihood challenges. “Hunger (akoro) is also a big problem for us
every year we have to expect it you can not have a happy and free life with your wife and
children because akoro causes people to steal even to kill it reduces a man even to
nothing and sometimes our women abuse us, it’s one of the major causes of fights in the
home” (FGD, Ik Women, Kaabong District).
Among the Ethur, Justice is ‘Nŋol Kop Atir’ and injustice is ‘Ngol Goba’. Law
and order was referred to as ‘Gwok Kiz’ by the Ethur. Among the Tepeth, justice is to
follow what is right ‘Akitup Nŋuna Iyokino’ and injustice ‘Nŋuna Ediakara, Nŋuna
Nŋiyokino’. The main forms of injustice identified by all communities the study team
interacted with were associated with the following: high incidences of poverty, and the
absence of basic necessities of life, especially the high incidences of food insecurity and
famines; conflicts over ownership, access and use of critical resources for both human
and livestock survival, and the abuse and denial of human rights. At the centre of all
conflicts were the theft of crops by those who had nothing to eat (caused by drought that
led to crop failure) and raiding of livestock.
Among the Tepeth, the following were identified as some of the commonly
experienced forms of injustices: violence in domestic relations (wife beating and failure
to provide for the maintenance of children); land and property disputes; conflicts over
livestock watering points; livestock thefts as well as violent livestock raiding; poverty
and witchcraft (FGD, Tepeth Male Youth, Moroto District). Among the Ik, the most
commonly experienced injustices identified included defilement; adultery; domestic
violence; lack of child maintenance and rape (FGD Ik women, Kaabong District). Jie
women identified famine (caused by drought) as a major cause of suffering for women,
children and old men (FGD, Jie Women and Girls, Kotido District).
Not only did the nature of injustices identified vary, the magnitude of the conflicts
experienced also differed from one community to another. Even when the nature of
conflicts identified appeared similar, their manifestation in the respective communities

61
depended on variations in the micro-climatic conditions. For example, in Bokora during
the dry season (akamu) from November to April, injustices were associated with thefts of
produce and livestock; conflicts over water (for both human-beings and livestock) and
pasture. Inability to maximize utility from pastoral resources available within Karamoja
drives pastoralists into neighbouring districts. In these districts, Karamojong grazing has
been associated with a wide-range of injustices committed during grazing and after the
end of the dry season grazing. During the wet season (akiporo) from April to October,
land disputes and conflicts over crop damage by livestock are widespread among all the
various Karamojong communities visited without exception.

4.4.1.2 INTRA-COMMUNITY DISPUTES AND INJUSTICES

Respondents identified inter-community conflicts at different levels, such as,

between households; between different families, between different communities and
between the communities and the government. The conflicts mostly arise from
livelihood-related activities. They range from daily chores/feuds to periodic or seasonal
conflicts. They also range from simple to complex and sometimes can be simple or
serious depending on circumstances. A dispute is judged simple or serious depending on
the loss it causes and the resources used to redeem it.
At interpersonal level, the most common disputes included simple quarrels
between friends and families, encroachment on family land and theft. These are often
solved by immediate senior members of the family. It may involve reprimanding,
warning and simple fines such as meeting the refreshment costs of the meeting,
reconciliation costs, light canning or sacrifice of small stock. Sometimes disputes
involved more members of the clans and resulted into heavy fines such as payment of
livestock and performing expensive rituals with diviners. Adultery, clan land disputes,
property waste by a careless relative, cattle raiding, and witchcraft may fall within this
category.
The more serious cases involved the loss of life. The life of every individual in the
community was treasured because once lost it could never be recovered. Some examples
are: domestic fighting (children, parents and friends), killing livestock of another person,
herder’s killing livestock, land conflicts, murder (accidental or intentional), drunkardness,
forceful disarmament, failed marriage, curses, witch craft and cattle rustling. There were
several recent incidents in which despite the death of a victim having occurred
unintentionally, the person who caused it was also killed. One such case among the Ik
involved a youth visiting in-laws who accidentally speared another youth while hunting,
and was killed by his in-laws when the wounded youth died. In another incident among
the Dodoth, a young man was killed by a mob when the driver of a lorry on which he
worked accidentally knocked and killed a person and abandoned the young man.
According to elders, in both the cases this was a failure of traditional justice as there
should have instead been compensation demanded from the families concerned for
accidental death.
There are numerous intra-household disputes and injustices. Within households
conflicts can arise between husband and wife (wives), between children, between co-
wives or other relatives. Children may fight each other in the course of chores like
fetching water. There is a lot of negligence of families by husbands and abandonment of

62
the fathers’ role. Older women observed a difference in the past ‘Men/Fathers looked
after their children – grew cotton, sent children to school, provided everything, did not
drink and get drunk’ (FGD, Women, Labwor, Abim district). In all the communities it
was said most homes have many orphans and widows due to raiding.

4.4.1.3 GROUPS THAT DEFINE THE LACK OF ACCESS TO JUSTICE AS A PROBLEM

The popular understanding of justice is very much rooted in the traditional justice
system in most of the communities except for those exposed to modernity. These are
large populations living in urban areas or in rural areas that are relatively close to modern
centres or where there are vestiges of modernity such as CSO and government programs
or facilities. Even for these the concept of justice is interplay between traditional and
modern concepts. For example, the Bokora FGD included women who have participated
in sensitization and training programs by Karamoja Agro-pastoral Development
Programme (KADP), a Moroto based NGOs on peace, rights and gender and had much
stronger views about gender discrimination and injustices against women than the other
groups interviewed, though they accepted the traditional system for dispensing justice.
In Abim, work done by the Community Development Office had contributed to
higher levels of awareness of rights in the community. The Bokora and Labwor women
interviewed by the study team were more critical of aspects of the traditional system such
as the lesser role of women in dispute resolution and the inequality in ownership of land
and other property, treatment of widows and women in polygamous marriages. ‘When
girls marry it is as if they are sold, and they get no property from their parents like land’
(FGD, Bokora women, Moroto District). They also complained about forced marriages
in the past where fathers and brothers would pick a groom based on his wealth. They
preferred it that ‘with education, many girls now want to choose for themselves, so
arranged marriages are reducing’.
Among the Tepeth where levels of education and exposure to modern services
like health care are extremely low, practices such as FGM and arranged early marriages
were not cited as injustices against women. They were largely accepted as tradition.
Issues like wife beating and forcing sex onto wives with young babies were
spontaneously mentioned without probing, although according to tradition such acts were
not permissible. Generally, the traditional justice system is dominant, except where
external influences like education and sensitization have penetrated the community,
especially in the urban centres.
The communities viewed the on-going forceful disarmament as an injustice for
two reasons: firstly, that failure by government to provide general protection or security
left a vacuum for communities that were disarmed. ‘Disarmament leaves us vulnerable to
those who have not been disarmed. We need security for women who go to get firewood,
wild berries to feed and support their families’ (FGD, Jie Women, Kotido district).
Secondly, the manner in which disarmament was conducted with a significant amount of
abuse effectively created disdain towards disarmament, despite its good intentions. The
women noted: ‘We do not want the army, let the government take them away’.
However, inter-community raiding and resultant insecurity itself were seen as
forms of injustice even by raiding communities partly because of the direct effects (death
and destruction) associated with the raids. It was noted that every household had lost sons

63
to raiding. Among the Jie, women expressed a desire for an end to raiding. They made
efforts to go for peace initiations with communities which were their traditional enemies
but needed support from government. The women said in Rengen that their goal was to
disarm the youth. ‘Even if the men don’t want to hear this, we as women we are
determined to walk to the Dodoth and build peace. As women we don’t need the gun, we
want to tell them (the youth) to go to school, we see the gun is a big problem. We
support disarmament but the problem is how it is done. We have opened our eyes that
education is good’ (FGD, Jie Women and girls, Kotido District).
The business community interviewed by the study team in Abim, Moroto, and
Kotido complained about the police and judiciary not only taking bribes, but also
delaying cases brought to the formal justice system. JLOS institutions, on the other hand,
complained about poor understanding of the formal justice system and lack of
cooperation by the communities, among other things. Traders in all the districts
complained about corruption in local government procurement of tenders for service
delivery. There were also complaints about politicisation of decisions such as distribution
and location of local government services. Local government leaders in return accused
the business community of negligence in the execution of tenders such as building
schools and latrines.

4.4.1.4 TARGET GROUPS DIRECTLY AFFECTED BY LACK OF ACCESS TO JUSTICE

Those who are directly affected by the lack of access to justice, would constitute
the primary constituents who would be most motivated to support any planned
intervention to support the enhancement of access to justice. There were also some
groups that benefited from the status quo (absence of justice) and for whom any
intervention to promote access to justice posed a threat.

Table 4: Groups directly affected by the lack of access to justice

Losers from status Particular issues that those who lose from the status quo Beneficiaries of
quo identify status quo
Women  Gender discrimination in land, property ownership, and § Men (husbands,
(wives, sisters, inheritance, as well as domestic violence, negligence, lack brothers, sons,
daughters, mothers) of health services, heavy work burden, land disputes fathers)
 Polygamy and related abuses
 Forced sex in marriage and rape mainly in raids
 Alcoholism of husbands/ laziness, violence & adultery § Men (husbands)
 Female Genital Mutilation
 Forced marriage and divorce
 Poverty
 Lack of water, firewood, food – conflict, insecurity

 Ignorance of formal justice system § Raiders and

 Theft of food their families

 Disarmament related abuses occasioned by the military

§ UPDF
Children  Early and forced marriage § Fathers,
(daughters,  Female Genital Mutilation (some communities) Brothers,

64
sons & daughters)  Defilement, Child abuse, Mothers
 Negligence/poor maintenance, Poor medical care
 No school fees (Abim)
 Lack of food § Raiders

 Disarmament related abuses § UPDF

Men  Disarmament abuses, Poverty, Ignorance of JLOS § UPDF
 Alcoholism of wives / laziness and adultery § Women
 Lack of land, water, pasture, food (Wives)

Elders, LCs  Disarmament abuses § UPDF

 Loss of authority some authority because some armed § Karachuna
karachunas refuse to listen
 Insecurity and Poverty
Raided communities  Violence – killings, assaults, rapes § Raiding
(children, women,  Human insecurity - killings karachuna &
men, traders)  Lost economic/development opportunities and livelihoods, their families
theft § Elders, diviners
 Disarmament abuses § Local political
leaders, UPDF
Raiding  Deaths § Elders, diviners
communities  Disarmament abuses from raiders
§ Successful
raiders
Business sector  Corruption in local governments procurement § Local govt.
 Delays and corruption in JLOS institutions § Police,
judiciary
Local authorities  Poor performance of tenderers § Procurers (LG
officials),
Private sector
Non-Karamojong/  Xenophobia § Local leaders
Karamojong  Human insecurity – killings
working among
communities other
than their own

4.4.1.5 THE CAUSES AND FACTORS EXACERBATING CONFLICT AND INJUSTICES

The causes and factors exacerbating conflict and injustices at the household and
community level can be categorized into socio-economic and political. Elements of
seasonality can also be deduced, although some cut across seasons. Among the Kadam,
for example, the following causes were identified:

Table 5: Factors exacerbating conflicts/injustices at household and community level

Type and nature Causes and Exacerbating factors Season
Household feud Resource sharing; jealousy and greed; drunkardness, Social, Economic

65
 negative arguments
Property Waste Lazy and troublesome relatives, being a vagabond Social
“Muyaye”
Land disputes Landlessness, weak parents, unclear boundaries, Economic
immigrants, family expansion
Debts Poverty, Laziness, raiding, no wealth inherited from Economic
parents
Theft and stealing Poverty, laziness, raiding, no wealth inherited from Economic
parents, hunger, dowry, no woman to marry
Marital conflict Forced marriages, poverty, alcoholism, inequality of Social
women, polygamy, and irresponsibility of men
Livestock raiding Pride, dowry, wealth accumulation, families without Economic
daughters for marriage, poverty, inherited practice,
punishment
Water Conflicts Drought during dry season when water is limited Economic
Sharing of Resources Lack of units of measure and nature of acquisition Economic
e.g. stolen.
Adultery Drunkardness, egos, cheating partners, rape, poverty, Social, Economic
infertility, seduction, excessive sexual desire,
dissatisfaction.
Witch Craft Polygamy, pride, jealousy and greed
Suicide Forced marriage, constant infant mortality,
quarrelling, and polygamy, famine.
Murder Accidents, women rivalry, adultery, hatred revenge, Political,
bewitching, Jealousy, greed. Economic, Social

4.4.2 LIVESTOCK THEFT AND RAIDING/RUSTLING

In all the communities visited by the study team, theft and raiding of livestock
was identified as the major cause of injustices that had for a long time afflicted not only
the people of Karamoja, but also communities in all the districts neighbouring Karamoja
without any exception. Livestock theft and raiding, as a form of injustice had been
exacerbated by the illegal possession of guns. Theft is the action or crime of stealing (in
this case livestock). Livestock raiding/rustling is: “the stealing or planning, organising,
attempting, aiding or abetting the stealing of livestock by any person from one country or
community to another, where the stealing is accompanied by dangerous weapons and
violence”.44 In the Ugandan criminal law, Section 266 of the Penal Code Act, Cap 120,
any person who: (a) moves from a community where he or she is ordinarily resident to
another community and steals or attempts to steal (stock) from that other community and
who at the time of, or immediately before, or immediately after the time of the stealing or
attempted stealing, uses or threatens to use a deadly weapon or causes death, or grievous
harm to any person; (b) organises such stealing, or; (c) is found with animals so stolen;
Commits an offence termed cattle rustling and is liable on conviction, to imprisonment
for life.
Livestock raiding was the most common conflict occurring at inter-community
level. Raids were accompanied by extreme violence including killings, rape, defilement,
44
. See Protocol on the Prevention, Combating and Eradication of Cattle Rustling in Eastern Africa, Draft Version 1.5 (20006-06-06),
pp. 1-2.

66
theft and assaults. The Ik and Labwor do not conduct raids but are raided by
neighbouring communities. The communities which were mentioned as involved in
raiding of livestock from others included the Jie; Pokot; Dodoth; Tepeth; Bokora; Pian
and Matheniko, who even raid communities outside Karamoja region like the Iteso and
KupSabiny to the south, and some communities across the border in Kenya and Sudan.
Some Kenyan pastoral groups (e.g. the Turkana and Pokot) and Sudanese pastoral groups
(Toposa and Didinga) also raid into Uganda. An old Tepeth woman traced the history of
raids: ‘Today the raiding is not the same – there are more killing these days – it is worse.
Now they use guns, then it was spears and arrows. The raids are more these days. Raids
are more common. Raids used to be more organized, structured, disciplined, and with
more negotiations’ (FGD, Tepeth Women, Moroto District).
At the time of the study we were told that raiding had somewhat reduced because
of the sustained disarmament campaign by the UPDF which had forced livestock raiders
into hiding. While traditionally raiding used to be carried out on a large-scale and
involved community-sanctioned rituals and blessings by diviners and senior elders
(ajore), today the presence of UPDF had forced raiders to substantially reduce the size of
raiding parties. ‘Raiders now go as thieves in small parties of even five. In olden times
raiding was a major event involving large parties and requiring blessing from the
diviners’ (FGD, Jie Women, Kotido district). This was confirmed by the Tepeth who
were often raided by the Matheniko and Bokora. ‘Today a group of even five or ten boys
can go to raid today but before, only a large group of fifty would go to raid’ (FGD,
Tepeth Women, Moroto District).
The proliferation of small arms and light weapons and the monetization of the
traditional economy had re-shaped social mores, practices and relationships. The gun
culture had, in some respects loosened the authority and control of elders and diviners
over the karachuna. As a result, some youth do not listen to the elders. ‘Those who don’t
listen are most often not staying in the manyattas, they have shunned their own families
and have gone to the bush. The youth who fail to listen to their mothers at home are the
ones who go and raid and so on. They are already rejects in society so they can even
waylay and ambush cars’ (FGD, Jie Women, Kotido district).
The monetisation of the economy had led to the commercialisation of the
relationship with the elders and diviners, resulting in less structured raiding and reduced
controls – it was said that in some cases diviners motivated by the shared spoils due to
them from successful raids encourage raiding under any circumstance. It is no longer
common for raiders to seek blessings from the traditional council of elders (which also
includes diviners) before going to raid, partly due to disarmament, in which diviners are
targeted and blamed for promoting raiding.
Jie women in Rengen flatly rejected the suggestion that they force karachuna to
go on raids although this was asserted by the youth and some civil society actors, as well
as Bokora women. Jie women argued: ‘Not true! The youth go for raids without telling
their mothers. Women just hear rumours that the children carried out a raid’ (FGD, Jie
Women, Kotido district). It would appears as if both positions are true – in some
instances the karachuna are incited by women (their mothers, wives) to show their
manhood by producing cattle (by raiding), while in other instances, karachuna sneak off
on their own accord to raid and try to hide the evidence from the family. Jie women
interviewed by the study team were very bitter: ‘They (youth) don’t even bring the cattle

67
they raid to the manyatta but take them straight to the market – they won’t even give
money from the sale to their family or if they do they will give very little, instead they go
to town and get prostitutes and bring home AIDS to their wives. They come and poison
all their women’ (FGD, Jie Women, Kotido district).
Violent conflicts associated with raiding of livestock were invariably one of the
most widespread form of injustice suffered by all the communities in Karamoja.
Although on the wane, largely as a result of government disarmament undertakings,
livestock raiding was still taking place in form of small-scale cattle thefts. The Pokot face
insecurity because of attacks from other Karamojong groups, especially the Pian. There
are raids and counter-raids between the Pokot and the Sabiny and Turkana (FGD, Pokot
Elders, Nakapiripirit District). The Pokot of Uganda ally with Pokot of Kenya to raid
other Karamojong groups.
Only the Ik and the Ethur said they never indulge in cattle raiding. The Ik do not
keep cattle as the women’s FGD stridently insisted. They discovered that cattle were a
cause of insecurity in their territory, and yet they were surrounded by very vicious
neighbours (the Turkana and the Dodoth) on either sides. The Dodoth and the Turkana
often raid each across the Ik territory, making it their dry season battle ground. The Ik
said they do have guns to protect the livestock, but also considered their not being able to
keep livestock because of hostile neighbours as a form of injustice (FGD, Ik Elders,
Kaabong District).
The conflicts between the Jie and Bokora affect communities in Abim District.
The territories of the Ik and the Ethur are invariably used as transit routes for trafficking
in arms and ammunitions. The major cause of injustice among the Labwor are the
hostilities from the Jie and Bokora. Jie warriors blame the Labwor for instigating
government to disarm them. The population of Abim is settled, but a large number of
them live in settlements similar to Internally Displaced People’s (IDP) camps. All the
Ethur settlements are near hills as a defence mechanism because when Karamojong
would strike, they would run to the safety of the hills (FGD, Ethur Elder, Abim District).
The causes of raiding as a major purveyor of community-wide injustices were
widespread. Apart from poverty, the Bokora Youth attributed the cause of raiding, among
others to marriages. One Bokora youth explained: “If I want to marry a woman, I have no
choice but to raid cattle from those who already have. Sometimes, people get killed”
(FGD, Bokora Youth, Moroto District). Many women in Karamoja have become
widowed due to raiding (FGD, Pokot Women, Nakapiripirit). However, in Jie, the
women said it was not always that karachunas were compelled into raiding by women or
to get livestock for payment of bride-wealth. The Jie women argued that the youth go for
raids without telling their mothers. We women just hear from rumours that the children
were in a raid’. ‘They (youth) don’t even bring the cattle they raid to the manyatta but
take them straight to the market – they won’t even give money to their family or if they do
they will give very little, instead they go to town and get prostitutes and bring home
HIV/AIDS to their wives. They come and infect all their women. Such youth even go and
defile children”. Defilement is not common though (FGD, Jie Women and Girls, Kotido
District).
The impacts of armed livestock raiding are diverse. The loss of lives, deaths of
livestock and destruction of property is worth billions of shillings although no actual
estimates are available. When warriors get killed during raids, their colleagues simply say

68
they went visiting and had not returned. Women and children, young and the old have all
fallen victims of these raids. Jie women said some of their colleagues had been the
subject of attacks, some leading to death by unknown assailants. The killings occur when
women have gone looking for firewood (FGD, Jie Women and Girls, Kotido District).
Ethur elders complained that famine which is widespread in Abim (‘Kec tye nara
dwong kan’), was the result of injustices occasioned by fear of armed Karamojong cattle
raiders. The injustices suffered were compounded by the inability by government to
provide timely food relief (‘Konyo jo me Abim ki cem’). Most of the time there were
delays, which caused injustices (FGD, Ethur Elder, Abim District).

4.4.3 INTERVENTIONS THAT UNDERMINE SUSTAINABILITY OF

PASTORALISM

The climatic conditions (e.g. erratic, unreliable, and diminishing rains) and
physical conditions (for example poor soil moisture retention capacity) in much of
Karamoja are such that crops fail in four out of every five years, and therefore cannot be
solely relied upon for survival. The Karamojong keep different forms of livestock as a
survival mechanism. Livestock production provides the most economic use of a very
fragile physical environment in Karamoja. Not all forms of livestock rearing are possible.
In much of Karamoja resources are grazed communally in a pattern designed to
opportunistically track seasonally available resources due to the hostile and unpredictable
physical environment.
The Karamojong practice a system of mobile pastoralism referred to as
transhumance. Parts of the herd and the family moves to the dry season grazing areas for
a large part of the years, and only return after the rains have started. This system of
livestock production enables the Karamojong to survive during periods of difficulty, and,
to the extent that is possible, they have been able to avoid the worst possible occurrence
of famine and famine-related deaths. Death from famine usually occur when the
Karamojong are unable to access livestock products for their survival needs. That is why
famine-related deaths are most common in households and communities with no
livestock, or where access to livestock products is impossible, or where mobility of herds
has been undermined.
The intensification of drought conditions, the erratic nature of the rainfall
regimes, coupled with intensified violent conflicts associated with raids and counter-raids
have posed great challenges for the sustainability of pastoralism through seasonal
mobility patterns. The periods cattle keepers spend in the dry season grazing camps had
become very long. The distances travelled to dry season grazing had also become
extremely long, to the extent that there was increasingly minimal contact between the
permanent settlements and the grazing camps for much of the year.
The above scenario led to the emergence of some authority structures in the
grazing camps. Access to formal justice institutions in the grazing camps is even harder.
Law and order are difficult to enforce in the mobile grazing camps. The intensification of
mobility had affected not only those who practice it, but also other Karamojong groups
that practice a more settled lifestyle involving mainly the growing of crops, and keeping
of smaller stock (e.g. among the Ethur of Abim and Ik of Kaabong).

69
 The Ethur of Abim district, who are settled agro-pastoralists (growing mainly
millet, sorghum, groundnuts, beans, soya beans, maize and cassava), also keep some
livestock (mainly goats and sheep, but also sometimes cattle). The biggest source of
injustice to the Ethur was incursion of mainly Bokora and Jie warriors in search of dry
season grazing pastures and water between June and September. Dry season grazing by
Karamojong in Abim was associated with increased incidences of cattle thefts and
raiding. The warriors ambush people and rob them of their belongings. They also abduct
women from wells or gardens and rape them. Most karachuna in kraals spend long
periods in forced abstinence, and when they cannot get home quickly, they resort to
raping women they meet wherever they go grazing. Some women have been killed in the
process, the risks of contracting STDs are high as safe sex is seldom practiced (FGD,
Ethur Male Youth, Abim District).
Because this period is also a crop growing season, the incursions make it difficult
for the Ethur to cultivate as much land as they would have wished further away from their
homes. Warriors chase people from their gardens. Some people have been killed by
warriors when they encountered them in their gardens. This leads to food scarcity, hence
widespread famine. Because of limited cultivation, most of the traditional seeds they used
to plant in the past have been lost (FGD, Ethur Elders, Abim District). Theft of produce
becomes rampant, and is done by Karamojong warriors as well as local Ethur (FGD,
Ethur Male Youth, Abim District).
Among the Ik, the dry season is characterised by insecurity caused by marauding
armed pastoral groups (mainly Turkana from Kenya and Dodoth from Kaabong). Ik men
and women who venture into the bushes in the escarpment to hunt wild animals and
gather wild fruits face risks of being killed by armed pastoral groups, especially from
among the Turkana and the Dodoth. There are reports of some Ik being shot and killed in
their gardens (FGD, Ik Youth, Kaabong District).

4.4.4 CONFLICTS OVER OWNERSHIP AND USE OF NATURAL RESOURCES

4.4.4.1 NATURAL RESOURCE OWNERSHIP AND NATURAL RESOURCE USE CONFLICTS

There are conflicts over natural resources particularly land, water and pasture, as
well as access to forests and other natural resources. Natural resources belong to the
territorial section in whose areas of occupancy the resources are located. Land is owned
by a section, then the sub-section, division, nŋireria cluster and eventually the clan, and
at these various levels, land and water and other resources are shared between those who
share common lineage.45 The sharing may be spatial (because they happen to share a
common geographical location) or temporal (a group may request access for a period of
time as they pass through towards dry season grazing). When herds are moved to their
dry season grazing, herds and herders are comprised of members of the same section,
sub-section, division, and nŋireria clusters. In so doing, they are able to work together to
herd their animals (access water and grazing pastures) as well as ensure security of the
herd. When faced by a threat common among different Karamojong sections, differences
may be set aside to deal with a common enemy. However, after overcoming initial
threats, internal differences based on sectional or sub-sectional alliances may surface.
45
. See LWF, “Field report of Traditional Institutions in Bokora County”, Karamoja Agro-Pastoral Development Programme, Moroto,
February 1998.

70
 Water scarcity was common, with water sources like springs and boreholes
sometimes running dry, leading to struggles over water. The women in Alerek sub-
county, Abim District said: ‘We struggle for water – there are assaults on women – one
has now been taken to hospital because of struggle for water’ (FGD, Ethur Women,
Abim district).
The pressures in Karamoja to develop explore and extract various mineral and
other resources from the ground had also created several injustices. In Karamoja,
protected areas (including a national park, wildlife reserves, wildlife sanctuaries,
controlled hunting areas and Forest reserves) occupied some of the best-endowed areas of
Karamoja, which were used as dry season grazing areas. Access to grazing pastures
inside these protected areas in Karamoja creates conflicts between pastoral groups and
protected area management authorities. The existence of these protected areas had
severely constrained resource use and livestock grazing in Karamoja, which had
generated a lot of injustices. Similarly, attempts by third-party mineral prospectors to
establish exclusive access and use of land on which licences have been procured had also
created conflicts over natural resources, leading to injustices.

4.4.4.2 LAND DISPUTES AND CONFLICTS

The most common conflict over natural resources has been over land for crop
cultivation and water for both human consumption and livestock. Due to insecurity
associated with violent cattle raids, a lot of land that is relatively more suited for crop
cultivation has been rendered unusable in many parts of Karamoja. Therefore, in areas
where security is assured, and where crop cultivation is possible, land disputes are
widespread. Among the Ethur and Tepeth it was said women who cultivate neighbouring
plots sometimes conflict over the boundaries. ‘Gardens are separated by stones but
some people shift the stones – try to get more land. It is a common problem’ (FGD, Ethur
Women, Abim district).
In Abim, the land opening season between March and June experiences several
land disputes (FGD, Ethur Male Youth, Abim District). The rainy season among the Ik
(August to November) is characterised by a lot of land conflicts mainly over boundaries
(FGD, IK Youth, Kaabong District). In Bokora, poorly demarcated plot boundaries are a
common cause of conflicts during the planting seasons (FGD, Bokora Youth, Moroto
District). In Pokot, women often fight over cleared gardens (FGD, Pokot Women,
Nakapiripirit District). Land ownership in Karamoja is a source of injustice especially for
women who till the land most of the time.
Land in Karamoja belongs to clans, and is acquired mainly through inheritance by
the male off-springs. The majority of the men inherit land from their forefathers. Women
do not own land both in their biological home and marital home. They cannot inherit land
upon the death of their husbands, except when they have been formally married (with full
bride-price).

4.4.5 INTENSIFICATION OF INTRA AND INTER-ETHNIC DIFFERENCES

Due to many years of raids and counter-raids between various Karamojong ethnic
groups, relationship have been affected to the extent that any slight provocation generates

71
actions leading to human rights violations and injustices. Inter-ethnic raiding between the
Jie and the Dodoth is a cause of a lot of injustices because it had occasioned a lot of
suffering on both communities, and made those who remain in the permanent settlements
increasingly vulnerable to famine.
The Jie elders claimed that whenever there is a conflict, they always seek for
reconciliation at the first available opportunity, and always keep their end of the bargain.
Jie elders claimed that on the other hand, their belligerent neighbours - the Dodoth - come
in small groups and raid even after peace has been reached. ‘It’s the Dodoth who often
break the peace’. And when this happens, the Jie retaliate, which results in massive raids
from the Dodoth. The impacts of revenge raids provoked by the enemies of the Jie are
usually massive - that’s why some people think the Jie are bad. The Jie elders said they
had tried their level best to help government to track down and apprehend notorious
criminals in their communities including: Apaipote and Apakareng from Payangara;
Lopetareng and Naido from Kacheri. None of the notorious Dodoth criminals had been
arrested (FGD, Jie Elders, Kotido District).
Jie elders argued that government had not effectively sealed off the international
border between Dodoth and Toposa. When the Dodoth raid from the Jie, they take raided
animals to Toposa, where they are exchanged with bulls or guns. The bulls are brought
back to Uganda and sold in the livestock markets. The Matheniko do the same thing with
the Turkana (FGD, Jie Elders, Kotido District).
The Jie elders in Rengen said the greatest injustices they had suffered were to be
penalized for crimes committed by other people. Once, the Jie of Losilang raided in
Katakwi, and the UPDF ended up meting their anger on the Jie of Rengen. Once, a WFP
vehicle was ambushed by suspected Dodoth near the Dodoth-Jie border, and the WFP
stopped distribution of food relief to Rengen. The Jie of Rengen complained that they are
usually wrongfully blamed for ambushes that take place on the highway between Kotido
and Kaabong within even when they are carried out by other Karamojong ethnic groups
(FGD, Jie Elders, Kotido District).
The Jie elders said Jie communities had suffered injustices associated with the
disarmament process because of double standards used by the UPDF in handling raids
involving the Jie. The elders claimed that when cattle are raided from the Dodoth by the
Jie, they are swiftly recovered by the UPDF. But when Jie cattle are raided by the
Dodoth, it becomes difficult to recover them, partly because the Dodoth drive the cattle
across into South Sudan territories of the Toposa, which whom they have an alliance. The
Jie elders claimed that government treated the Jie unfairly compared to the other ethnic
groups (FGD, Jie Elders, Kotido District).
Attempts at reconciliation between the Jie and the Dodoth had failed. The Jie
elder appealed to government: “…to make it possible for the Jie and Dodoth to sit down
on a roundtable and talk peace” (FGD, Jie Elders, Kotido District). Jie women also
expressed readiness to meet the Dodoth for peace talks and requested NGO support for it.
In order to harmonize the working relations between the elders and government, there
was a need to create an avenue through which elders of the Dodoth can meet with elders
of Jie to talk about how to bring their karachunas from the bush. The elders can do little,
while seated. As government focuses on improving infrastructure (water and food), it
should also facilitate the elders from the warring ethnic groups to come together to
discuss peace issues as elders without any involvement of the government (FGD, Jie

72
Elders, Kotido District). The UPDF should be heavily deployed in Lolelia to prevent the
Dodoth and the Jie from raiding each other (FGD, Jie Elders, Kotido District).
Raiding had led to a cycle of violence to the extent that intra and inter-ethnic
conflicts are more widespread that they have otherwise been. In Kotido, any non-Jie,
even if a Karamojong is considered an enemy. A Dodoth worker of Uganda Wildlife
Authority (UWA) visited a friend in Losilang in March 2008. When he went to Rengen,
he was arrested, molested and was about to be killed by a mob, which accused him of
being a Dodoth and therefore spying for them on the location of livestock. He was
rescued by a Police Patrol Vehicle that was sent to the area after the District Police
Commander (DPC) who received a phone call about the incident. 46 In Karamoja, if you
kill a foreigner (one who does belong to your particular ethnic group) you are not
punished by the community. The study team was informed that the Dodoth do the same
to the Jie, and that even when a Karamojong from another ethnic group comes to Kotido
to follow his animals, you can be lynched even when your stolen animals have been
found in the market.
The relationships between the Pian and Matheniko are also often hostile. They
perpetually raid each other. In August 2007, Pian local leaders in Tokora and
Kakomongole sub-county attempted to take from the 33 rd Battalion of the UPDF a
wounded Matheniko warrior whom the UPDF had rescued between Acherere and
Nabilatuk junction while heading towards Moroto. The wounded Matheniko warrior was
injured by the Pian when he and others attempted to raid Pian kraals. The Pian leaders
wanted him to be subjected to traditional justice but the UPDF refused to hand him over,
and instead took him to Moroto.47
The Tepeth community identified the Bokora as the main source of raiding of
livestock among the Tepeth communities. Whenever there is a revenge raid, even those in
the community who have not been raided are forced to seek revenge on behalf of their
colleagues (FGD Tepeth Elders, Moroto District). Apart from inter-ethnic raiding, there
were also significant intra-ethnic contradictions. Although raiding within Lotome had
reduced, past raiding activities targeting other neighbouring Bokora clans had brought
division with the Bokora community. Among the Lotome-Bokora, derogatory references
are used when referring to the Bokora from Matany and other areas. This was identified
by the Bokora youth from Lotome as a cause of a lot of conflicts (FGD, Bokora Youth,
Moroto District).

4.4.6 INEQUITY AND INEQUALITY IN THE TRADITIONAL JUSTICE SYSTEM

4.4.6.1 DEMOCRACY LIMITATIONS IN TRADITIONAL GOVERNANCE INSTITUTIONS

Decision making among the senior elders is generally consensual, first among
those from the same age-set among the senior elders, but also between the different age-
sets among the senior elders. No single senior elder takes unilateral decisions. However,
over time, the senior elders of the mountains (nŋimoru) generation-set in Karamoja had
remained very few, and were also very old. Many of the positions in the age-set hierarchy

46
. Interview with Mr. Emaju, J.P., and District Police Commander (DPC), Kotido held at Kotido Police Station on 14 March 2008
47
. Recorded in the Daily Occurrence Record Book 407 Brigade Headquarters, Nakapiripirit Sector 3 rd Division on 3 April 2008

73
of the senior elders’ generation-set were vacant, unlike the junior generation-set
(Nŋigetei).
While there was a strong reverence of the traditional authority of the elders, the
study team was informed by youth respondents in Abim that when one has not been
initiated, sometimes the decisions made by the elders are not fair to them. There was
usually very limited opportunity for the uninitiated to challenge the decisions made by
their elders at the akiriket. This was considered as a form of injustice because the
decisions that are made by the elders influence the lives of all the people in the
communities where the decisions are made. The elders interviewed in Labwor proposed
that to further enhance access to justice for all in the traditional system, mechanisms need
to be established through which the people can debate, discuss and criticize the decisions
made by senior elders in their traditional elders’ councils (FGD, Ethur Elders, Abim
District).
Apart from this internal contradiction in the vertical hierarchy of the traditional
authority structures, there were already indications of lapses in the justice systems that
make it possible for excesses to occur. The meting out of the maximum sentence as
punishment for crime under the traditional justice system provides for limited
consideration of human error. On 28 December 2004, a driver who sought the safety of
Kangole Police Post was pulled out and killed by the relatives of a person he is alleged to
have knocked and killed, only to find later that the person who was knocked had been
drinking and did not die after-all.48 The Jie youth explained that Ameto had also become a
source of injustice. Even minor offences were punishable by ameto, and once someone is
subjected to ameto, the culprit has to provide a sacrificial bull and prepare local brew.
Apart from the flogging sometimes being very severe, it had become too expensive for
the youth and is mentioned as one of the factors driving youth into raiding (FGD, Jie
Male Youth, Kotido District).

4.4.6.2 THE EXCESSES OF THE TRADITIONAL JUSTICE SYSTEMS

If the actions of a family member lead to the depletion of the family herd, the
affected family will have the culprit banished from the family. If a young man sells a cow
from the family herd without permission, he may be forgiven the first time. The second
time, he could walk away with a reprimand. But a third time, he will be banished by his
family because he would have become a liability. Under certain extreme circumstances,
there have been some killings associated with such happenings, although a number of
Karamojong elites who have an incisive understanding of the functioning of the
traditional systems intimated to the study team that in the ideal traditional justice system,
no one is supposed suffer the punishment of death. They argue that some of the excesses
that are attributed to the traditional justice systems are the result of the adulteration of the
principles of the system. It is partly blamed on the Local Councils who usurp the role of
traditional courts when they convene neither as LC Courts or traditional courts.
In Rengen, the youth explained that a young man borrowed Ushs. 600,000 /=. The
owner of the money went to the borrower’s father’s kraal and grabbed three cows. The
uncles of the young man who borrowed money tortured him to death. If they don’t do

. Interview with Mr. Yusuf Logiel, Liaison officer, United Nations Office of the High Commissioner for Human
48

Rights (UNOHCHR), Kotido, held in Kotido on 6 March 2008

74
that, they will take you to the bush and hit you on the neck with a stick until you die
(referred to as ‘Enŋoliyo Emokorat’). Sometimes, they will take the culprit to the bush,
tie his hands and force him to drink poison by pouring it down his throat until he dies
(referred to as ‘Cattle Dip’). After he is dead, the body is left in the bushes for the vulture
and hyenas to devour (FGD, Jie Male Youth, Kotido District).
Rituals associated with traditional justice systems are extremely wasteful of
scarce food resources, to the extent that among the Ethur, the foods and drinks for events
such as akiriket and ameto have to be contributed by everybody who is interested in
taking part and is a member of the community (FGD, Ethur Male Youth, Abim District).
Access to justice is very difficult to enhance among a population where poverty is
widespread. It was widely believed, mainly by the youth that the prevalence of minor
crimes especially of civil nature were taken advantage of by the elders to demand for
sacrifices and alcohol. They are seen as opportunities for feasting. In an impoverished
society like Karamoja, the administration of justice favours those who have capacity to
provide resources to support their livelihood objectives. If you don’t have food, the
administration of justice in the traditional setting will work against you. Lack of access to
critical survival resources undermines access to justice.
For survival, most people of Karamoja depend on livestock, either by owning the
livestock or in a family of relatives with livestock. If a ritual is to be performed and one
does not have livestock of their own, relatives can come to their rescue. Even in the
traditional justice system, there is some minimum expenditure that has to be undertaken
to access justice. Although is simply courtesy, sometimes, it generates its own
expectations among the elders, when scenarios present themselves. If you do not have
food to prepare local brew or cannot offer a goat for sacrifice, sometimes your case will
not be heard by elders in the traditional system, like in the formal sector, where if you
don’t have money, you cannot access the services of lawyers, which makes it difficult to
access justice both in traditional and modern sense. Punishment under the traditional
system is based on a system of restorative justice such as the payment of fines, which
disadvantages those who do not have any livestock or are poor.49

4.4.6.3 ARTICULATION OF RELATIONS OF POWER IN TRADITIONAL JUSTICE SYSTEMS

To the extent that the above is true, it could also be argued that justice
administration in the traditional setting is therefore not necessarily value free. It favours
the ‘strong’ and ‘powerful’. Traditional system functions in the interest of those who
have command over the instruments of violence - those who control the armed youth.
Those who had the means of violence were almost certainly favoured in the
administration of justice in the traditional system. The weaker became victims of the
justice administration in the traditional setting. Among the Jie and Dodoth, traditional
justice systems favour those who are rich, with property and those who come from
superior clans.
In Bokora, the study team was informed that if a murder took place, the family of
the deceased does not immediately demand revenge killing if the alleged murderer (is a
first time offender) and had a large number of livestock. The poor people who cannot

. Interview with Mr. Rex Achilla, Resident District Commissioner (RDC), Kotido, held at Kotido District
49

Administration on 3 March 2008

75
afford blood compensation surrender themselves to Police, if they are lucky to escape
being captured and killed in revenge. Once in Police custody, if the family of the
deceased cannot wrest the suspect from Police, they will raid livestock from any of the
relatives of the suspect (FGD Bokora Youth, Moroto District) or kill a family member: in
a case in Kaabong District among the Dodoth, the study team learnt of a woman who
murdered her co-wife and fled to Kaabong town for many months to avoid being killed,
but when her sister was threatened with murder in revenge the woman’s own family
tricked her into returning to her home where she was killed by the aggrieved family.

4.4.6.4 MINORITY SUB-ETHNIC GROUP RIGHTS UNDER TRADITIONAL JUSTICE SYSTEMS

Even within the broader marginalisation of Karamoja as a region, there were still
minorities between and within the various ethnic groups, whose rights had been greatly
marginalised, and access to justice therefore curtailed.
The intensification of violent armed conflicts in the 1980’s, especially clashes
between the Pian and Pokot on one hand, and the Pokot and the Bokora and Matheniko,
on the other hand, had forced the Kadam (who were caught in the cross-fire) to retreat to
the safety of the Kadam Mountains, where they inhabited caves and mountain tops. Much
of the Kadam land in Moruita Sub-county was subsequently occupied by the Ngipian.
Nakapiripirit Town Council was curved out of Moruita sub-county in Kadam territory.
Because there were no schools in their hideouts, most Kadam are functionally non-
literate, which has made it difficult to secure proper political representation at sub-county
and District level. The Kadam are now referred to as the mountain Pokot, and speak a
language similar to Pokot. The original Kadam language is slowly dying away. It can
only be spoken by the elderly Kadam. The Kadam took on more cultivation as a way of
survival yet before they were not cultivators. Conflicts made intermarriages very difficult
between Kadam and other Karamojong ethnic groups (FGD, Kadam Elders, Nakapiripirit
District).
There are other minority sub-ethnic groups in different parts of Karamoja such as
the Nyakwai in Abim District and the Ngiporein in Napore, Kaabong District. The study
team visited and interacted with the Ik of Kaabong District. The Ik occupy the parishes of
Lokwakaramoi, part of Kalapata, Kamion and Timu out of the seven parishes of Kalapata
sub-county. The rest of the parishes are occupied by the Dodoth. The Ik, who speak a
language almost similar to Pokot, are politically and numerically a minority compared to
the mainstream Dodoth. The Ik astride a territory that lies between the Turkana and
Dodoth, both of whom use the territory to launch raids and counter-raids on each other.
This leaves them at the mercy of either, since they do not have guns to defend
themselves.
Originally, the Ik were hunter-gatherers. Over time they tried to adopt settled crop
cultivation and some livestock rearing. Cattle specifically became untenable because they
did not have a capacity to defend the livestock. Years of insecurity drove the Ik into the
Timu forest and inaccessible mountain escarpments, where basic services were difficult
to deliver. Some Ik communities still live within Timu forest, and lack access to services
because there are no roads leading to these communities. Between Kamion and Timu,
pupils have to move for about 25 kms to get to school. The majority don’t simply go to
school because of long distance travelled. High adult functional illiteracy means that the

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Ik, like the Kadam, are not well represented politically at the sub-county level (Kalapata)
nor are they represented at District level. 50 Under the current arrangement where the Ik
parishes are part of Kalapata which is dominated by the Dodoth, their voices may never
get heard (FGD, Ik Elders, Kaabong District).
Within the mainstream Dodoth clans, there are major clans and minority clans.
The majority clans dominate the traditional political power relations in the district. While
most district officials in Kaabong are from Ngiporein from Karenga (because they sent
their children to school), the political leaders cannot come from the minority clans and
sub-clans. Most of the district political leaders in Kaabong come from the Ngimerith Clan
of the Dodoth.

4.4.7 INJUSTICES ASSOCIATED WITH DISARMAMENT BY THE UPDF

4.4.7.1 CRUEL, INHUMAN AND DEGRADING TREATMENT (CIDT) DURING DISARMAMENT

Although disarmament was primarily intended to ensure security on the basis of

which access to justice could be easily guaranteed, the manner in which it was
implemented was considered as a form of injustice by the different Karamojong groups.
Disarmament affected access to justice by various categories of Karamojong in ways that
are explored in this sub-section. Various incidents of being re-arrested several times;
performing hard labour while in detention; forcing arrested people who said they had no
guns to sell their cattle to buy guns to secure their freedom; being subjected to torture,
Cruel, Inhuman and Degrading Treatment (CIDT) while in detention; treatment of
injuries sustained during interrogations when arrested by the UPDF; loss or destruction of
property, among others were considered as forms of injustices in as far as they had
contributed to the impoverishment of the Karamojong (FGD, Bokora Male Youth,
Moroto District; FGD, Tepeth Male Youth, Moroto District; FGD, Jie Male Youth,
Kotido District).
There were a lot of complaints about torture by UPDF during disarmament.
Various acts amounting to cruel, inhuman and degrading treatment during cordon and
search operations were reported by all the communities except in Labwor. ‘What is
bringing all these problems (poverty, hunger, death) for women and children is the
disarmament’ (FGD, Jie Women, Kotido district). Karamojong hate and fear the army
unlike other government agencies. Even communities which appreciated the relative
security resulting from disarmament had serious complaints about the UPDF actions
during ‘cordon and search’ operations. For example, it was said by the Tepeth that on the
positive side, disarmament had helped to remove guns from warriors and to reduce the
deaths from raids. During raids sometimes up to four boys could be killed from one
family.
The UPDF is accused of indiscriminate torture and corruption, and several other
acts, including the following: ‘They rape and torture women to get information about
their husbands. They sometimes kill people during operations. ‘They beat young boys
and men, destroy male genitals and beat their limbs – people become lame; they even
push sticks into the rectum. They steal our cows. They park Lorries here to take cows.
They pour petrol and burn calves. During cordon and search soldiers mix and spoil our
50
. See also Minutes of the ad-hoc meeting at Kaabong District Council held on 23 February 2007 at Apoka Hotel Kidepo National
Park accessed on 4 March 2008

77
food. They destroy the local brew which women make to sell for income. They beat
women to force them to tell where their sons are. The second phase has been on for two
years now (FGD, Tepeth Women, Moroto District).
Many Pokot cattle keepers had abandoned settlements near trading centres such as
Amudat for fear of the consequences of cordon and search operations. Certain key water
sources in Pokot and Jie territories were avoided since they were targeted by the UPDF
for confiscation of stock, which the army used to demand for the surrender of guns.
Because of fear of going to towns, many cattle keepers were unable to purchase
veterinary drugs for their animals. In Lochengenge, Amudat sub-county since August
2006, many animals had died due to preventable and curable diseases. About 75% of the
Pokot men had run to Kenya (where disarmament was not taking place) and vowed never
to return until disarmament ended (FGD, Pokot Elders, Nakapiripirit District).
Some people were taking advantage of disarmament to settle scores and grudges
over women or land disputes. Some people report to the army that their colleagues have
guns yet they don’t have. The numbers of people showing signs of post-traumatic stress
disorder had increased in different communities. The number of those who had become
mentally disturbed had also increased (FGD, Kadam Women, Nakapiripirit District).The
UPDF leadership in Moroto denied all the allegations that were made against the rank
and file. Instead they accused the communities of exaggerating allegations of violations
to undermine disarmament, and attempting to politicize disarmament and of being
beneficiaries from raiding.
The launch of the disarmament exercise led to strained relationship between the
UPDF and the community. The communities mistrusted the UPDF, and could not believe
the same UPDF could provide full protection, when they were responsible for depriving
them their means of livelihood. During disarmament, any adult male in the cordoned area
would be arrested and told to produce at least one gun, whether or not they were found
with a gun. Disarmament certificates from previous disarmaments were usually torn to
pieces. Those who produced these certificates were victimized and asked to produce
more guns. At the peak of disarmament, some people were arrested ten times, beaten and
asked to produce guns. Even old men would get beaten and told to bring guns. There
were cases of deaths reported during disarmament operations in many areas of Karamoja
(FGDs with, Bokora Elders, Moroto District; Pokot Elders, Nakapiripirit District; Jie
Elders, Kotido District).

4.4.7.2 THE IMPOVERISHMENT OF THE KARAMOJONG

All the different Karamojong groups mentioned several injustices suffered during
disarmament’s cordon and search operations by the UPDF including the loss of property
and livestock, which undermined their well-being. The Pokot said several people had
been forced to buy guns to secure their freedom. Pokot were being forced to go as far as
Kenya to buy guns. Some of those arrested during cordon and search had to bribe the
UPDF in order to be released. Since disarmament started, many Pokot said they had been
forced to sell cattle to get money to buy guns to earn their freedom. They said they had
remained without cattle as a result of disarmament (FGD, Pokot Elders, Nakapiripirit
District).

78
 Even when the local leaders tell them that the people arrested don’t have guns,
once you are arrested, you can’t be released without incurring some costs. This had
impoverished many Karamojong. An LC1 official intimated during focus group
discussions that as much as disarmament had brought peace, it had also impoverished
people because they have been forced to sell their cattle to buy guns to buy back their
freedom. One of the respondents in an FGD in Pokot said he had been captured 3 times
and every time he was forced to send someone to buy for him a gun to secure his
freedom. The first time he was arrested from Amudat after the local market was
surrounded, and all those who were arrested herded to a UPDF barracks. He was arrested
the second time from his home and the third time from Amudat Trading centre. At the
time the study was conducted, most Pokot said they were afraid of loitering anywhere
near Amudat Trading centre for fear that they could easily get arrested by the UPDF. And
every time one is arrested, he has to produce a gun before he can be set free. ‘Able bodied
young men arrested in the trading centre in Amudat-some live like regular visitors in the
UPDF barracks because of the many times they were arrested and detained’ (FGD,
Pokot Elders, Nakapiripirit District). ‘When you take a case of raiding to army they
arrest you and ask you to bring the gun. They say “You should have been having a gun to
own and follow animals”’ (FGD, Tepeth Male Youth, Moroto District).

4.4.7.3 THE CONFISCATION OF STOCK BY THE UPDF

In Jie, because of the confiscation of stock by the UPDF, the elders said
government was now one of the ‘raiders’ that come to Jie to raid their cattle. Even those
who had disarmed have been subjected to continuous raiding-by government – which
comes and grabs cattle during cordon and search (FGD, Jie Elders, Kotido District). It
was clear from the seemingly liturgical recitations at the Lomosingo akiriket that the
elders understood the UPDF as an ‘enemy’ within their midst (for having taken away
their livestock), and whoever was responsible for being a UPDF informer in their
community was termed a wizard (ekapilan) – “for wishing the livestock in the community
to get finished”. The above concerns notwithstanding, in all the communities visited,
mainly women and key senior elders were supportive of the government disarmament
programme, compared to the Youth.

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4.4.7.4 GENDER OUTCOMES OF DISARMAMENT

In Pokot, there were also concerns by elders about how youth who had been
disarmed would survive since the guns that were their source of livelihood were no more.
Support was not forthcoming to those who had been disarmed. Pokot women within
Amudat had adopted selling of stone aggregates while the men were selling stone
hardcore. Others were involved in charcoal burning and harvesting wild honey (FGD,
Pokot Elders, Nakapiripirit District).
Disarmament had affected not only Karamojong women, but also relations
between women and men in Karamoja. Every time Karamojong men were arrested by the
UPDF, the women shouldered the responsibility of securing their release, including
finding a gun to take to the UPDF, if there was none (FGD, Kadam Women,
Nakapiripirit). Pokot children who accompanied their parents to the bushes had
abandoned school (FGD, Pokot women, Nakapiripirit District). There were complaints in
Bokora, Tepeth, Dodoth, Pokot and Jie that disarmament had caused increase in cases of
impotence. People’s private parts were beaten and pricked leading to impotence. The
army sometimes tied testicles on a stone and forced to move. In Moroto, respondents also
observed that: “We thought they were protecting us but instead they have come to kill us
many of us are impotent because they tie our testicles with sticks and stones” (FGD,
Tepeth Male Youth, Moroto District).

4.4.8 INJUSTICES ASSOCIATED WITH AN INEFFECTIVE JLOS IN KARAMOJA

4.4.8.1 LIMITATIONS OF THE FORMAL JUSTICE SYSTEM

Many of the less exposed populations are unaware of the JLOS agencies.
However, those who were aware had low opinions of it. The community felt it was an
injustice when cases were not completed by the formal justice system. In Jie, the women
complained that when the Police arrests, for example, thieves before the community has
dealt with them (under the traditional justice system), ‘it becomes difficult to know how it
all ends up. Sometimes, they get released’ (FGD, Jie Women, Kotido district). Most
communities do not understand the formal system for administration of justice as well as
how it operates, and are therefore, unable to access justice in the formal system. The local
people lack financial resources to afford legal representation.

4.4.8.2 HOW POLICE FUNCTIONALITY UNDERMINES ACCESS TO JUSTICE IN KARAMOJA

Traditional justice system is preferred because taking cases to the Police comes
with a price tag. If you take a case to the Police, you will lose the case if you do not have
money. In Abim, depending on the nature of the crime committed, a person paid between
Ushs. 5,000/= and 15,000/= to file a report on a case to Police, and have it recorded in the
Station Diary or Criminal Record Book or Register. When parties to a case decided to
withdraw it, preferring to settle it at home, the one who wished to make the withdrawal
had to pay between Ushs. 50,000/= and 200,000/= depending on the nature of the case
being withdrawn. If it was a case of defilement, one was charged Ushs. 1m/= for
withdrawal. Among the Labwor elder, it was widely believed that it was extremely

80
useless to take a person richer than you are to Police, saying that “it is like pinching
yourself” (‘Rom Chalo Ikweye Akweya’) (FGD, Ethur Elders, Abim District).
Most of the injustices reported by the Labwor elders were occasioned by Special
Police Constables (SPCs) who beat people and people feared to report to the Police Posts
because all the Police Posts were manned mainly by SPCs with a few regular Police, if at
all (FGD, Ethur Elders, Abim District). Respondents interviewed in different parts of
Karamoja complained that quite often, they had to pay to be able to file a complaint at
Police stations and Police posts.

4.4.8.3 THE PREVALENCE OF ‘FEAR’, ‘INTIMIDATION’ AND ‘BLACKMAIL’

The epitome of breakdown in law and order in Karamoja was evidenced by the
degree to which unlawful threats were used to extract compliance. As a form of injustice,
unlawful actions involving blackmail were used to enforce compliance, not only by
warriors but also by the UPDF. The warriors used blackmail to nurture the continuation
of the status quo (where warriors reigned supreme). Those who said they had been
victims of torture by the UPDF said they were usually warned about openly accusing
their tormentors.
The blackmail used by the warriors was exacted on the community in general but
also sometimes on the individuals in the community who were considered as a threat to
their way of life. Anyone whose actions are likely to expose the activities of the warriors
is targeted, and could cost them their lives. Warriors targeted informers used by the
UPDF in the community. The UPDF uses community-based intelligence gathering
networks, coordinated by internal security officers in every sub-county and parish. At
some point, the security operatives in the parishes called Parish Internal Security Officers
(PISO’s) get known. The warriors and wrong elements don’t kill them because they know
the consequences of doing so. They target their properties and their relatives and
intimidate them into prevailing on their relative to abandon their lines of duty.51
Lately, intimidation and blackmail have also been used by local politicians. At the
time of the study in March 2008, the team was informed that the substantive Chief
Administrative Officer (CAO) of Moroto District, an Itesot from Katakwi abandoned his
duty station after receiving several death threats on his mobile phone. The threats were
never investigated by the Police.52 In different parts of Karamoja, public officials were
regularly threatened when they attempted to follow up issues in the manyattas or
corruption in local government. Their lives were threatened. Individuals in communities
refuse to collaborate and turned hostile when summoned as witnesses.
Even the judiciary in Karamoja also operated under an environment of fear, as the
risks to the lives were not only immense but also real. A Grade I Magistrate told the study
team: “If you pass judgement whoever loses a case turns against you. We weigh our
options. Sometimes, instead of a Prison sentence, we impose fines”.53 Magistrates too
were threatened by the local Karamojong. One grade II was warned: “if you people are
leaving criminals to go free we will also work on you”.54

51
. Interview with Mr. Emmanuel Twagira, Regional Internal Security Officer (RISO) North East Sector, Karamoja, held on 17 March
2008.
52
. Interview with Mr. Moses Apopel, ACAO, Moroto District, held on 17 March 2008.
53
. Interview with Mr. Ochieng George William, Grade II Magistrate Kaabong held at Kaabong Magistrates Court on 4 March 2008

81
 Even the Police whose mandate is to enforce law and order were not spared.
Police failed to conclude certain cases because of the circumstances as they were also
blackmailed into fear of the repercussions of apprehending suspects. Recently in
Lookorok Parish, Nakapelimoru sub-county, some LCs were beaten when they were
investigating those who were holding goats stolen from Turkana. The State had to move
in quickly to re-assure the Police and the LCs. 55 Sometimes after the police have arrested
suspects, relatives of the suspect converge at the station to rescue their person, and
because of insecurity the police are forced to release the suspects. 56 Several times,
suspects fearing for their lives who run to the safety of Police stations were forcibly
removed from police protection by warriors.
Where a crime is committed, the police find it difficult to visit the scene of the
crime. Usually reports concerning cases of murder are not received in time. Reports are
sometimes made after several days or even weeks, making it difficult for the police to
reconstruct the crime scene. The Karamojong are renowned for not freely giving
information to foreigners, because of the desire to protect their own (‘kimuk ekile’).57
When culprits handed over to Police are released immediately thereafter, the local
communities who handed over such culprits find it difficult to co-operate with the police
later. The police are usually forced to release such suspects because they find it difficult
to prosecute cases where there is no adequate evidence. When the local people handover
suspects to the police, or open a case at the police, they don’t come back to record a
statement or follow up their cases. If by luck, preliminary investigations are completed,
and the case comes up for mention and hearing, witnesses do not come forward, hence
cases get dismissed for lack of evidence.
When the local people handover suspects to the police, or open a case at the
police, they don’t come back to record a statement or follow up their cases. If by luck,
preliminary investigations are completed, and the case comes up for mention and hearing,
witnesses do not come forward, hence cases get dismissed for lack of evidence.
Sometimes hardcore criminal who have been released for want of prosecution have
boasted to their captors, and actually sometimes targeted them (and the police officers
who arrested them) for revenge actions (FGD, Dodoth Elders, Kaabong District). Civil
servants and NGOs workers sometimes have been targeted, and some of them have lost
their lives, with no repercussions.58

4.4.9 GENDER AND GENERATIONAL INJUSTICES UNDER THE

TRADITIONAL SYSTEM

4.4.9.1 INJUSTICES SUFFERED BY KARAMOJONG WOMEN

Karamojong communities are essentially patriarchal and with male dominance

over females. There is a very clear gender inequality in terms of roles, powers and
54
. Interview with Mr Lotyang Paulino Abunyila, Magistrate Grade II, Kotido held at Kotido Magistrates Court on
March 2008
55
. Interview with Mr. Rex Achilla, Resident District Commissioner (RDC), Kotido, held at Kotido District
Administration on 3 March 2008
56
. Interview with Mr. Nenansio Ogema AIP, O/C Kangole Police Post held on?????
57
. Interview with Mr James Sekago ASP OC Station held at Kotido Police Station on ???? March 2008
58
. Interview with Mr. Stephan Krueger NUREP, Moroto held on 6 April 2008

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resources. Karamojong women do not participate in the deliberation in the akiriket where
weighty decision making takes place. The women have their own akiriket, where the
sitting is also based on the seniority of the women. The said: ‘Young women seat
separately from older women to show respect – we respect the elderly that’s why women
and girls sit separately’ (FGD, Women, Dodoth, Kaabong district).

Gender and property rights:

Under the traditional justice system, the right of women to own property such as
land and livestock are not recognised. They can be allocated some cows by their
husbands for milking to provide for the family, but cannot sell or transfer interests to a
third party. This authority is retained by the husband. Where it is possible, women can
cultivate the land but don’t have rights to sell what has been harvested from the land
without the consent of their husbands. Women don’t own land although cultivation is
mainly done by women. Even when the women have cows and the husband dies the cows
will become the property of the male relatives of their husbands, and they will have more
say on the property than the women.
There is a sense of injustice felt by women over their unequal position and
discrimination with regards to property rights. ‘If your sister marries, your husband will
be given cows not you’ (FGD, Bokora Women, Moroto District). Daughters, wives and
widows are denied rights to land and other property. Women do not inherit land in
Karamoja. A case in Kaabong town at the Land Tribunal among the Dodoth where a
neighbour who encroached on land belonging to a widow after her husband who had only
daughters passed away was ruled in favour of the encroacher by the LCs although the
widow appealed the decision of LCs to the Land Tribunal (before they were dissolved).
Women respondents in focus groups in Abim and Moroto said that family members
(brothers) of a deceased husband participate in grabbing land from widows. ‘Widows –
orphans suffer much – poverty, they have nothing, no food, no fees, no support, poor diet,
the kids can become thieves. Because of insecurity most men are killed or are in the
army. Widows have no powers. On marriage a woman is given land to dig – on death of
husband it is supposed to stay with her traditionally but this is not always followed. If
children are young, widows suffer, if older, they can buy new land for their mothers.
Daughters don’t get (land) from theirs fathers unless they are single and ask or request
for it or after separation/divorce, their parents may give them something’ (FGDs, Ethur
Women, Abim District and Bokora Women, Moroto District).
Gender division of resources is entrenched, and typically demonstrated in
ownership and control of valuable resources (such as livestock and land) as well as
leadership roles that are vested in men. “Women don’t own animals but a woman can be
given a cow by her husband to milk and get milk from to feed the family. …If an animal is
in the manyatta a woman can take the milk and if it dies will eat the meat. But authority
to sell it is with the husband (FGD, Jie Women, Kotido district).
Even when cultivation is mainly by women, the granaries are controlled by men.
Women can’t get any product to sell to solve any family problem without the permission
of their husbands, even if the produce was cultivated by the women. Some men even get
family granaries and gardens from their older women and share out to younger and more
favourite wives. Women’s human rights are seriously abused. The men chase away their

83
women and their children and don’t even provide for their upkeep. There are many cases
that have ended up with district probation offices.
In Karamojong families, women are the providers of food and other basic
household necessities. If they fail, they are subjected to domestic violence. Women have
to endure a lot of suffering to provide for their children and adults households, including
the Police and probation offices in different districts of Karamoja were overwhelmed
with cases of failure to provide for their families (treated as family neglect) brought to
police by Karamojong women. Very many young Karamojong mothers look older than
their ages because of the suffering they endured.

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Gender division of labour:
Karamojong women were disadvantaged when it came to gender division of
labour. The roles of women and men were clearly differentiated, and women evidently
carrying much heavier burden of productive, reproductive and communal roles. Among
the Ik and Tepeth, for example, activities by women and men were listed as:

Table 6: Gender division of labour amongst the Ik and Tepeth

Ik (cultivators) Tepeth (cattle keepers & cultivators)
Women’s work Men’s work Women’s work Men’s work
 Grinding  Clearing gardens  Grinding  Graze cows
 Sweeping the  Collecting poles for  Collect firewood  Clear gardens for
houses, compound building houses and grass for planting
 Looking for  Building houses building from  Instruct women
vegetables mountains  Mainly stay and
 Collecting water  Building houses trade
 Collecting firewood  Digging/ cultivating  Decision making
 Cooking –porridge (crops grown:  Food providers e.g.
for children, food maize, beans, killing cow to
for family sorghum, provide meat
 Feeding children groundnuts,
 Taking food to sunflower,
husband in garden cucumber, cabbage,
 Gardening/Digging sukuma wiki)
 Raising children  Food provision
(give them water,  Cooking
sorghum)  Rearing children
 Health care

The Tepeth migrate between permanent settlements and kraals. They stay as
family in settlements, and relatives live near each other and form a settlement. In all the
Karamojong communities the women complained of heavy work burden compared to the
men. Indeed, women were seen labouring to provide water, firewood, forage for berries
and vegetables while men were often seen lying down under tree shades.

The challenges of polygamous relationships:

Karamoja is a polygamous society. Men marry several wives, even when they can
not look after them well. Some men had as many as eight wives (FGD, Pokot Women,
Nakapiripirit District). When a Karamojong woman gets married and bride price (ranging
between 50 and several hundred heads of cattle) is paid. All these cattle do not go to the
family of the bride. The cattle are shared among relatives. The rationale is that during
times of hardship they are also expected to be available as a fall back option. The family
of whoever received a cow as a gift from bride-price paid for their daughter was expected
to bail out that family from whom they received donations of livestock. Among the
Dodoth, it was common practice for men to abandon their older wives for younger brides.
‘After marriage it sometimes happens that your husband may abandon you and go to
another woman (FGD, Dodoth Women, Kaabong District).

85
Widow inheritance:
In Karamoja, a man is a husband to his wife only at night. A wife is seen as the
property of the entire clan. Initiating a divorce in a traditional marriage is so difficult in
Karamoja, because if it has to succeed, all those who received cattle have to return them
If a woman insists on going through with a divorce, and her family can’t return all
animals paid as bride price, the relatives of the woman’s husbands will certainly raid
cattle from the relatives of the woman to recover the animals they paid as bride price.
Once bride-price has been paid for a Karamojong bride, even when they are
beaten and tortured, women are not easily allowed to return to their parents’ homes. A
man can marry another woman using the cattle in the home. A woman is not expected to
marry outside the family of her late husband without serious repercussions on their
material relationship with her former husbands’ relatives. Once a husband passes away,
his relatives take all his family property irrespective of whether the woman has children.
The widow will still be expected to look after her children or at least look to her
husbands’ relatives for compassion.
Karamojong widow(s) are expected to be inherited by their late husband’s
relatives. Widow inheritance is widespread among all Karamojong ethnic groups without
exception. Cases of elder sons inheriting their younger step-mothers were common
(FGD, Dodoth Elders, Kotido District). Widows are usually expected to choose a new
husband from the relatives of their dead husband. Enhancing access to justice for women
means tackling traditional practices that undermine women’s human rights in general and
rights to property in particular. It will also entail a struggle for gender equality and
emancipation.
Women who have lost their husbands in a society where rights are accessed
through males are extremely disadvantaged. Almost every manyattas has been affected
by the death of a male head of a household. Some cases of women who have lost more
than four husbands and have been inherited more than three times exist. Most men inherit
widows to grab whatever property they were left with. Most do not accept to look after
the children they find with the widow. This leads to high cases of domestic violence.
Cases of Post-Traumatic Stress Disorders (PTSD) were very high in Karamoja. There
were so many disturbed families/problem families. Many current youth from Karamoja
come from broken families and yet the social systems that were supposed to protect
vulnerable categories through extended families had broken down. The need for psycho-
social counselling in Karamoja was extremely critical.

Female Genital Mutilation:

The Pokot and the Tepeth and Kadam (the latter two due to the influence of the
former) practice Female Genital Mutilation (FGM). In these three communities, women
are socialized into thinking that female circumcision is good for them and a symbol of
pride. Those who have not gone for FGM are abused and ridiculed by fellow women and
their co-wives. Girls as young as five years are circumcised. After circumcision, the girls
are usually regarded as being ready for marriage. Early marriages are very common. All
the communities where FGM was practiced that the study team spoke to complained
about the complications associated with child birth. Early marriages were common in all
the other Karamojong ethnic groups. Girls were considered as a source of wealth, leading

86
to early marriages. Early marriages were responsible for infant mortalities as young
mothers had a higher risk of developing pregnancy complications.

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Women’s access to justice under the traditional system:
Access to justice for Karamojong women is greatly constrained under the
traditional system. In accessing justice, women still have significant challenges seeking
redress outside the traditional systems. Women also hold their own Ameto to discipline
errant women. Women who commit adultery or those who become a nuisance to the
family (e.g. being drunkards) or abandoning their families are subjected to Ameto. The
punishment is even more serious if the woman was married with bride-price. If a man
beats a woman regularly, he can be brought before Ameto. When women report
complaints against their husbands to police, they are usually reprimanded by the relatives
of the husband for not resolving issues at home. Even when a man is in the wrong, his
relatives will always insist it is the woman in the wrong (FGD, Pokot Women,
Nakapiripirit District). The LCs and police are viewed as corrupt. Gender sensitisation
and awareness is essential, and requires a long term strategy as long held traditions
cannot be changed overnight. A long term program for gender sensitisation is pre-
requisite for enhancing access to justice for women in Karamoja. Interventions like
education targeting girls will also be necessary.

Gender based violence and discrimination:

Gender based violence and discrimination is very common. Commonly cited acts
of gender based violence include: Domestic violence: domestic violence is reportedly
widespread, mainly with wives as the victims. ‘Women are not allowed to beat men but
you may get annoyed and fight back, you may fight even physically about issues’ (FGD,
Tepeth Women, Moroto district). Domestic violence was linked to polygamy and
subsequent negligence by husbands of their older wives. ‘Polygamy also can cause
domestic violence (wife beating) if a man gets another woman friend, he can start to beat
without cause’ (FGD, Tepeth Women, Moroto district), although among the Ik some also
blamed laziness of some wives or alcoholism (FGD, IK Women, Kaabong District). In
Kaabong among the Dodoth, a case was cited of a woman who killed her co-wife due to
jealousy and was subsequently killed by her own family to avoid a revenge killing from
the co-wife’s family (FGD, Dodoth Woken, Kaabong District).
Forced sex is another form of gender-based violence, commonly practiced among
Karamojong, and includes marital rape, rape and defilement. Marital rape is said to be
triggered by alcoholism and weakening of protective traditions, such as among the
Tepeth where a wife is permitted to refuse sexual intercourse with her husband, if it what
will be protect an infant. ‘Culture protects the child – so a wife can refuse sexual
intercourse if child is young (baby)’ (FGD Tepeth Women, Moroto District). Acts of rape
by young men occur when herds are being grazed far away from permanent homes where
men are separated from their wives for a long time.
Among the Jie, defilement and adultery was blamed on delinquent youth who
have rebelled against social norms and traditions. Cattle raiding, which increases
possession of ill-gotten wealth, had affected social practices as many young women
resort to spendthrift behaviours. The elderly women complained in Jie: ‘they won’t even
give money to their family or if they do they will give very little, instead they go to town
and get prostitutes and bring home HIV/AIDS to their wives. They come and poison all
their women. Then such a youth can even go and defile children. Defilement is not

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common though’ … ‘Even the parents can die and such a youth will stay away’ (FGD, Jie
Women, Kotido district).
The traditional Karamojong courtship behaviour contravenes the provisions of the
penal code. During engagement, Karamojong ladies are simply raped and it is presumed
to be custom. Women find it difficult to seek redress because crimes against women are
not perceived as such by tradition. When government institutions try to come in to
enforce the law, no witnesses come forward to testify, and cases end up being dropped.
Crimes committed against women such as rape, defilement and elopement becomes
difficult to pursue. Several practices that contribute to the oppressing of women are
embedded in the Karamojong culture. Among the Jie and Ik, rape and defilement were
likewise attributed to modernity, and weakening of traditional culture and respect for
women. Women in Dodoth also attributed loosening of sexual morals to modernization.
The tendency by men to neglect and not maintain wives and children is common
in Karamoja, and is a major cause of hunger. Among the Labwor, older women said that
failure of fathers to maintain their children was more of a modern phenomenon than a
traditional practice. It was linked to insecurity, poverty, alcoholism, and hopelessness
arising from the first two factors. Some men abandon their wives for younger brides.
Married women have no freedom of movement. They are denied the right to move and
socialize by abusive husbands – they may not let them visit their parents or friends,
suspecting adultery.

4.4.9.2 INJUSTICES AFFECTING KARAMOJONG YOUTH AND CHILDREN

Within households conflicts can arise between husband and wife (wives), between
children, between co-wives or other relatives. Children may fight each other in the
course of chores like fetching water. There is a lot of negligence of families by husbands
and abandonment of the fathers’ role. Older women observed a difference in the past
‘Men/Fathers looked after their children – grew cotton, sent children to school, provided
everything, did not drink and get drunk’ (FGD, Women, Labwor, Abim district). In all
the communities it was said most homes have many orphans and widows due to raiding.
The Jie observed ‘orphans are traumatized, lack food and turn wild’.
Among most Karamojong households, child labour is widespread and causes high
school drop out rates. They herd smaller stock and participate in all other domestic
chores. It is widely believed that subjecting children to hard labour is a form of training
for them to become responsible adults. Cases of neglect of children are rampant, with
lack of regular meals, poor hygiene, no clothing and schooling, especially for girl
children: It is still widely believed that girls who remain in formal school for a long time
will become prostitutes, and will not fetch a lot of animals as bride wealth. Children’s
right to education, health care, shelter, and food are often abused.
Injustices against children often occur when it comes to inheritance. The older
siblings usually take advantage of their positions by taking away all property, and can
even sometimes give some away to their friends or marry women. Some pay bride price
for a second or third wife with livestock from the family herd before their brothers get
married to their first wives. This has led to struggles over livestock within families that
had affected social harmony (FGD, Bokora Elders, Moroto District). Children whose

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mothers are inherited by relatives of their fathers are usually denied any rights to the
property to which they are entitled (FGD, Kadam Women, Nakapiripirit District).
Many Karamojong children are either single or double orphans, fend for
themselves from a very tender age and for survival, get socialized into a life that is
basically hostile, which makes them easy targets for conscription into warrior-hood.
Children are exposed at an early age to criminal behaviour such as raiding by adults
whose acts are condoned, lauded and treated with impunity.

4.4.9.3 INJUSTICES SUFFERED BY THE ELDERLY IN KARAMOJA

The elderly in Karamoja suffer a wide range of injustices. It should be noted that
this was attributed to declining influence of traditional norms and effect of modernity.
The traditional reverence and authority of elders has declined with the modern influences
including the ‘gun culture’. As conflicts intensify, the permanent settlements where the
elderly stay is characterised by food insecurity and famine. The elderly depend on the
youth for food and protection, and usually suffer the wrath of raiders when they are found
in the grazing areas. Initiated male elders retain respect after handing over power to
another generation-set, but wield no such power like they used to when they were the
generation-set of the senior elders. Elderly women even have less power than elderly
males within the broader society, but have authority over younger women.

4.5 CHALLENGES ENCOUNTERED IN THE TRADITIONAL JUSTICE SYSTEM

4.5.1 DEFINITION, CONCEPTUALISATION AND AWARENESS OF RIGHTS

The perception and awareness of rights in Karamoja in general is sometimes at

odds with the reality pertaining to what exists in the formal Justice, Law and Order
System. Under the traditional systems of justice administration, individual rights are
upheld only to the extent to which they do not contradict the pursuance of social justice.
Social justice is defined by the common needs of furthering the survival of the
community. In the traditional setting, one cannot sell a bull from his kraal to meet an
individual income requirement as long as that action is considered to have potential to
undermine the survival of the collective. Any ‘interests’ or ‘rights’ that do not contribute
to the collective social harmony are not permissible or recognized. In the narrow
definition and conceptualist of rights, those who are not members of an ethnic group
(‘foreigners’) have no rights, as well as those who are described as enemies and captives
(‘Prisoners of War’).
0 The preoccupation with achievement of conflict prevention, management and
resolution (traditional justice) undermines attainment of social justice in so far as the
former is achieved at the expense of the latter - especially regarding individual rights and
liberties.
In Karamoja, the proportion of those who don’t know about their rights, the rights
of others and how the laws of Uganda apply to them is very high. The procedures in the
formal justice system in Uganda are alien to Karamojong socio-economic realities and
practices. The procedures in the formal system make it sometimes difficult to convict
those who are criminals. There may be available evidence which is correct but how you

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make that evidence legally acceptable is a problem. If the evidence was obtained illegally
or improperly, it can not be permissible in any court of law.

4.5.2 CHIPPING AWAY AT THE AUTHORITY OF THE SENIOR ELDERS

The traditional justice system is premised on the powers and authority of the
council of elders. In the past, this was easy to exercise due to the control that the senior
elders’ generation-set exercised over the junior elders and the youth and women and
children. Over time, with increasingly proliferation of small arms and light weapons and
ammunition, the elders lost the monopoly over instruments of violence. As guns became
easy to acquire, the youth no longer needed the authority or permission of their elders to
raid. Presence of guns made elders ineffective, as karachuna refused to respect elders
(FGD, Bokora Youth, Moroto District). In Jie, it was clear to the study team that the
elders lived in perpetual fear of the ‘rogue’ armed youth (karachunas) in the grazing
areas (FGD, Jie Elders, Kotido District).
Under the traditional justice system, senior elders exercise powers to make
decisions (decision making powers) and legislate new rules and regulations (legislative
powers). During the akiriket, senior elders mainly exercise
spiritual/divine/intercessory/mystical powers by communing directly with Akujů. They
also still had powers to enforce the decisions and rules they make (enforcement powers).
They also enjoy significant judicial powers when they convene as an ekokwa. However,
their ability to exercise powers of adjudication (sanction and ensure compliance) had
been greatly compromised, especially by armed youth who even when the elders cursed,
the youth refused to obey their commands, and did not die. This means that to the extent
that the traditional justice system can contribute to the prevention of the commission of a
crime, they are extremely effective. Without the monopoly of violence, their ability to
ensure compliance and enforce sanctions for arbitrary behaviour especially among those
who are armed was compromised.
As the Karamojong belonging to the senior elders’ generation-set grew older and
remained fewer, they increasingly found it difficult to punish armed youth. The
increasing fragmentation of communities, displacement and out-migration resulting from
prolonged exposure to virulent armed conflicts had weakened internal social mechanisms
for the reproduction of the authority structures within the Karamojong community.
The power of the generation-set system from which the authority of elders
radiates is such that a group of Karamojong warriors will most probably not raid animals
from a similar age-set in another community within the same ethnic group, even if the
two groups are not on good terms. If it is found out that a group of karachunas raided
from a kraal of another who belongs to the same age-set, attempts to have the animals
recovered and returned (with compensation) will be arranged. However, as the internal
social organization of the Karamojong has gotten more and more distorted, it has become
difficult for thousands of young adults and karachunas to get initiated.
As a result of widespread violent armed conflicts that the Karamojong have been
exposed to, social bonds in the communities have been affected to the extent that it was
no longer possible to always succeed in proscribing arbitrary behaviours that undermine
the survival of the communities. Some initiated junior and senior elders have been lured
into condoning crime by armed karachunas who indulge in raiding activities. Likewise,

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there were many karachunas who see no opportunity of advancement within the
traditional social organization structures, and therefore do not feel strongly obliged to
comply with the norms that initiation ascribes initiated persons to uphold. The result has
largely been a rise in a population that does not recognize authority of the elders because
there are currently no incentives of doing so and there are difficulties for elders enforcing
their authority over those who rebel. This had affected not only the traditional justice
system, but also possesses enormous potential to undermine the functioning of the
modern justice system.
This weakening of the authority of the elders has benefited some sections of the
community. The major beneficiary has been those elders in the grazing areas who
command respect of the armed youth, and have used their positions to seek individual
aggrandisement. This phenomenon had become widespread as the Karamojong
communities become more integrated into the market economy. Some individual elders,
including seers and traditional medicine-men have chipped away at the authority usually
the preserve of the collective discharge of the Elders’ Council through the akiriket. There
were emerging ‘warlords’ who have commandeered respect of the warriors, who were
perpetuating raiding for individual gain (FGD Bokora Elders, Moroto District).
In the past, youth were under obligation to show respect for their elders – because
the elders controlled the wealth (mainly livestock) that is needed for one to get married.
Nowadays, youth marry without informing or even receiving any support from their
parents. Many such youth no longer respected their old men. Even when the elders
summon the youth, the summons are not respected (FGD, Dodoth Elders, Kaabong
District). Monetization of the economy has commercialized their relationship with the
elders and diviners, resulting in less structured raiding and reduced controls – it was said
that in some cases diviners motivated by the shared spoils due to them from successful
raids encourage raiding under any circumstance. It is no longer common for raiders to
seek blessings from diviners before going to raid, partly because they are targeted by the
army as a group that perpetuates cattle raiding. Respondents observed that in many parts
of Karamoja, diviners no longer want to be identified.
These youth are even beyond the control of their families. Jie women in Rengen
flatly rejected the suggestion that they force karachuna to go on raids ‘Not true! The
youth go for raids without telling their mothers. We women just hear from rumours that
the children were in a raid’…
Although the charge was made by the youth and some civil society actors, as well as
Bokora women that Jie karachuna are incited by women (their mothers, wives) to show
their manhood by producing cattle (by raiding), Jie women denied it. ‘Those who don’t
listen are most often not staying in the manyattas. They have shunned their own families
and have gone to the bush. The youth who fail to listen to their mothers at home are the
ones who go and raid and so on. They are already rejects in society so they can even
waylay and ambush cars’ (FGD, Jie women, Kotido district).
In the past, grazing camps were mainly occupied during the dry season. Now,
these camps have become permanent, with the armed youth and junior elders spending
most of their time herding livestock and providing security and protection. Some rogue
elements from the communities also spend most of their times running away from the
law. They spend all their time in the grazing camps. In Jie, elders were asked whether
there were no senior elders in the grazing camps who were capable of controlling the

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armed youths, the elders said that a new category of ‘professional’ raiders had emerged
comprising armed youth who don’t even go to the kraals and don’t come to the villages -
they just live in bushes (FGD, Jie Elders, Kotido District). Abim district is a dry season
destination for both Jie and Bokora. Ethur elders explained that in some parts of Abim,
raided animals are no longer taken to permanent settlements. They are kept in mobile
grazing camps until it is considered safe enough to dispose them off onto the market
(FGD, Ethur Elders, Abim District).
In one of the community discussions in Rengen, Kotido District, the most senior
elder present explained: “The armed youth perpetuating the raids, are not based in the
permanent settlements, but have hideouts in the grazing areas. These youth had become
unruly and refused to listen to elders and had rebelled against not only the traditional
system, but also government. These youth see government as one of raiders, because the
army has been attacking them and killing some innocent people in the course of forceful
disarmament”. The study team wondered how, with the powers of cursing that the elders
had, Jie youth had refused to obey the orders of Jie elders to stop raiding the Dodoth and
Bokora. A senior Jie elder answered: “It is true they are our children (‘merengediya’).
We always talk to them. Raiding has become like HIV/AIDS which refuses to go. People
know what causes it but still get infected” (FGD, Jie Elders, Kotido District).
These notorious armed karachunas who have guns don’t associate with those in
the villages. There was now a category of people who were permanently staying away
from permanent settlements because they had refused to surrender their guns. Some of
these youth don’t even have cattle. They raid cattle from other people, sell the loot and
use the money to achieve a new form of blissful lifestyles characterised by conspicuous
consumption of articles of ostentation, including alcohol and jewelleries (FGD, Jie
Elders, Kotido District).
According to the Jie elders, these armed Jie youth had become enemies of not
only of the Dodoth but also their fellow Jie communities sometimes even their own
families. The Jie women were very bitter: ‘They (youth) don’t even bring the cattle they
raid to the manyatta but take them straight to the market – they won’t even give money
from the sale to their family or if they do they will give very little, instead they go to town
and get prostitutes and bring home AIDS to their wives. They come and poison all their
women’ (FGD, Jie women, Kotido district).
The armed youth had become very difficult to deal with under the traditional
system. The Jie elders explained that it would be very difficult to use Ameto to deal with
these rebellious youth. This was because Ameto could only be applied if someone was
caught. These armed youth were basically holding the communities hostages. The army
had failed to differentiate between the good and bad people in the Jie communities.
Because the leadership of the UPDF believes that Karamojong will always protect their
own (kimuk ekile), the army had not tried to invest much efforts in identifying who the
real culprits were (FGD, Jie Elders, Kotido District).
The Jie elders explained to the study team that they had even gone to the extent of
performing Agata ceremonies, where the elders conducts prayers and petition their god
(Akujů) calling upon their rebellious youth to return home, but it had failed to bring them
back. The elders said that they had almost succeeded in bringing their youth out of their
hideouts and they had accepted, but as they were about to come out, the Dodoth raided
Jie kraals, and made it difficult for them to come out. The Jie elders wondered: “When we

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talk to our children and convince them to come out of their hideouts, and the other attack
them, we elders become traitors of our children. It makes it difficult to talk to them again
about coming out of their hideouts”. The Jie elders said their youth had realized that the
moment the abandon their hideouts, they would be attacked into submission by their
adversaries. The elders observed that disarmament interventions must be uniformly
implemented in all ethnic groups at the same time. Disarmament interventions that are
not conflict sensitive have great potential to create imbalance in power relationship
between ethnic groups, undermining the possibly of ever ending cattle raiding (FGD, Jie
Elders, Kotido District).
The Jie elders expressed fears that: “we have become edible meat to the armed
youth who had remained in the bush. If ever they came back from the bush, and we
handed them over to the government, and by any lack they escape or survive, you just
know that when they come back, you are dead meat”. The elders had become victims of
the wrath of their youth. The elders said that they couldn’t even dare go out to collect
building materials. If you survive the Dodoth, you may not survive your own Jie children
(FGD, Jie Elders, Kotido District).
The Jie elders explained that they had several times, even invoked curses on the
rebellious youth if they did not come out of their hideouts, but the curse had refused to
work. They noted: “God had refused to listen to our prayers. Several curses had been
proclaimed on the rebellious youth, and the curses had refused to work. If the most
potent of our powers has been evoked and failed to work, we are left wondering how we
will continue to leave in this community if those armed youth ever returned”. The Jie
elders are traumatized, as they explained: “When it gets to evening, we begin to wonder
whether it will get to morning when we are still alive. When we wake up and we are still
alive, we wait for the next nightfall. We all know one day, these youth will sneak back
and wreck havoc on us” (FGD, Jie Elders, Kotido District).
The Jie elders wondered: “These UPDF - are they not youth? Even the
Karachuna who have rebelled are also youth. Why have the UPDF failed to get hold of
the rebellious youth - it looks like the UPDF also fear them and why do they fear them?
When they raid, why don’t they follow them?” (FGD, Jie Elders, Kotido District). The
elder advised government to improve its capacity to track rebellious karachunas when
they raid. UPDF should become more effective in tracking of raided animals. When
tracking, they should avoid generalising. It is usually a few individuals who raid and not
the whole community. Those who stay in the permanent settlements should not be
penalised for the raids carried out by those who run to the hideouts after raiding (FGD,
Jie Elders, Kotido District).

4.5.3 DOUBLE JEOPARDY IN DUAL JUSTICE SYSTEM

In the Karamojong traditional justice system, the conviction and sentencing of a

person for commitment of crime in the formal JLOS does not preclude serving sentence
for the same crime in the traditional setting. It is the norm for those who serve their
sentences under the formal system to still be subjected to Karamojong traditional forms
of justice. When one is committed to serve a sentence in prison, when s/he gets out, s/he
will still have to pay some sort of compensation for the crime he committed after he gets
out of prison. Sometimes, relatives may even have already paid the compensation while

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s/he was still in prison. Depending on the resolve of the offended parties, the
compensation can be negotiated, or simply a raid is executed to obtain livestock
compensation for a crime that has been handled in formal JLOS.
The latter scenario also implies that under the traditional justice system, vicarious
liability obtains as both the actual person who may have committed the crime and the
relatives of that person are liable. Many times nowadays, as confidence is slowly restored
in the police, criminals fearing for their lives have been known to run to the nearest
police stations for protection at their own initiative. In some of the places where this
happened, the offended parties simply attack the relatives of the offender and raided as
many animals as they thought were enough compensation. 59 This is also likely to happen
when the community feels a person who has served his/her sentenced under the formal
justice system has not served time enough to fully atone for the crime alleged to have
been committed. Some people have been killed even after serving their terms in prison.

4.5.4 STANDARD OF PROOF IN TRADITIONAL JUSTICE SYSTEMS

Delays in taking actions against known criminals in the formal justice system due
to elaborate procedures for adducing and assessing evidence, in order to prove guilt
beyond reasonable doubt increases the pain and anguish of those who have been
aggrieved by a crime committed. Ignorance about the significance of formal justice
system procedures undermines the confidence by the Karamojong in the ability of the
formal system to deliver justice. Lawyers thrive on the requirement of proving beyond
any reasonable doubt. Once there is ground for any doubt, then even if someone is guilty,
the case will be thrown out.
The procedures used for extracting information under the traditional system are
straightforward. In the modern sector, the questions asked by the police are deemed
difficult to fathom, the local people cannot therefore understand how those whom they
perceive to have been guilty get set free. Whether it is due to corruption of or the
insufficient evidence to prove a case beyond reasonable doubt, the community perception
is that the formal justice system is irrelevant for the Karamojong. The modern standard of
proof differs from the traditional. When a crime is committed, the community punishes
the criminals in the best way they know through the traditional system or where this fails,
mob justice.
Among the Ik, whoever commits a murder is handed over to police. However, if a
person they have handed over to the police is set free (released on bail or after remand
period expires), they will hunt the person down, and if they catch him, will be killed in
the same way he killed the other person. If he survives and escapes, he must never step
back to the community, and if they know where he has run, they will still go for him
wherever he will be found (FGD, Ik Elders, Nakapiripirit District).

4.5.5 VICARIOUS LIABILITY AND COLLECTIVE PUNISHMENT

Because the Karamojong punishment is mainly intended to punish the crime and
not primarily the individual who commits the crime, the punishment can be served onto
anyone in the community from where the alleged victim comes from – but only if they
59
. Interview with Mr. Dowan Samuel Deputy Inspector of Police, CID Moroto held at Moroto CPS on ?????

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cannot get hold of the person who committed the crime. Collective punishment is used
both in the traditional justice system and the modern justice system. In the traditional
system, Ameto is performed to collectively punish a village, where after a raid, when
footprints of the raided animals end up in a village, and the culprits cannot be identified.
An Ameto function is arranged where the whole village is caned so that they can identify
the culprit.
Among all the Karamojong ethnic groups, community sanctioned raids are no
longer as common as they used to be. One or two members of a community can go for a
raid to steal cattle, and when they end up in the community, they are usually difficult to
retrieve, since the rest of the people in the community understand the implications of
giving away the identity of the raiders. In attempting to recover raided cattle, after they
have been traced to a particular community, the UPDF simply round up all animals in the
community, if there is no co-operation to identify the perpetrators. Collective punishment
meted out by the UPDF for crimes committed by individuals in the community is
considered as a form of injustice. Not all animals confiscated are usually returned to their
owners, even when they are not part of the raided animals (FGD, Tepeth Elders, Moroto
District).
Collectively punishing all people in a community for a crime committed by an
individual, which undermines access to justice, is not only common in interventions for
restoration of security through disarmament, but also in the traditional justice system. In
Abim, the youth complained that one young man abused an elderly person. An entire age-
set group in two parishes was made to kill 3 chickens each and take to the elders at a
shrine (FGD, Ethur Male Youth, Abim District).
Of all the Karamojong ethnic groups, it is only the Ik who don’t administer
collective justice for individual crimes. If a person kills another and runs away from
traditional justice, the relatives of the murdered person do not descend on the family of
the ‘murderer’ to exact their revenge by killing any immediately available relative of the
‘murderer’. The murderer has to be tracked until he is apprehended (FGD, Ik Elders,
Kaabong District).

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4.5.6 BURDEN OF PROOF IN TRADITIONAL JUSTICE SYSTEMS

In Karamoja, there is a negative attitude towards seeking justice in the formal

justice system which is viewed suspiciously. The Karamojong are uncomfortable with
the burden associated with establishment of guilt, which under the formal justice places a
large proportion of the responsibility on the complainant and the prosecution. The
adversarial nature of the formal justice system is, to most Karamojong, a burden to
witnesses and plaintiffs, in so far as it places obligation on them to give evidence to
courts of law in order to prove a case in the formal JLOS. When suspected criminals are
surrendered or discharged to the police after their guilt has been established in the
traditional justice system, the community will be expecting punishment to be meted out.
Hence witnesses are often unwilling to come forward to record Police statements or give
evidence in courts of law as this procedure is viewed as re-trial of matters already set to
rest as guilt is already proven (within the traditional process).
As a result of this, it is sometimes erroneously believed that under the traditional
Karamojong justice system, one is guilty until proved innocent. Our findings suggest the
contrary: rather, guilt is usually first established within the Karamojong traditional
system. Confusion over burden of guilt and perception that in Karamoja there is a
presumption of guilt arises because of the dual systems of administration of justice, and
the occasional occurrence of different phases of justice affecting one case in the two
different forums, i.e. arrest, prosecution and conviction in the traditional forum and
delivery of a ‘convict’ to the police for punishment in the modern. The Karamojong
traditional system has an expeditious process of establishing guilt and once it is done, a
conviction is secured and a sentence quickly passed and executed. Persons who are found
guilty of having committed, say an accidental murder have to pay compensation. If the
killing was however, intentional, they are also sentenced to death by hanging, in addition
to the family of the guilty person paying some fines. If a person is brought to the formal
system by the community, it is after they have in their traditional way, established guilt.
The traditional system, therefore, hands over the culprit to the formal system expecting
immediate punishment, not ‘another’ trial.
The traditional justice system places the burden of proving someone’s guilt in the
community while in the formal system it is placed on the police, with or without credible
evidence being made available to the police. Without the evidence required to prosecute a
case, suspects will either be kept in police detention or retained on remand for longer than
is permissible. Many times, suspects are released due to lack of evidence. If they return to
the community that surrendered them to the police, they run a risk of becoming the target
of lynching. ‘’ This has affected the work of Civil Military Coordination Centre (CMCC)
in Moroto because people come demanding for money thinking that the CMCC have
eaten their money, even when they refused to come forward to give evidence’ (Key
informant). 60

4.5.7 PREFERENCE FOR BLOOD COMPENSATION

. Interview with Mr. Anthony Andrua, Regional Human Rights Officer, Uganda Human Rights Commission (UHRC), Moroto
60

Regional Office, held on 7 April 2008

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 Because of the extremely hostile environment that the Karamojong people live in,
how the survival game is played out becomes extremely important. When a crime is
committed, it is considered as a distraction from the recalcitrant daily struggles with the
odds that they are faced with – to the extent that if it is within their means, they would
rather have it sorted out quickly. When a crime is committed, demands for compensation
and thereafter rituals of reconciliation are preferred rather engage in long, tedious and
protracted battles of determining details - such as the nature of wrong, its magnitude, who
was around, if none was around, who was nearest, what was that person doing when the
crime was committed, what clothes was the person wearing, whether or not the person
was in a correct state of mind.
In Karamoja, everybody is supposed to look out for another. Sometimes, personal
freedoms and liberties become permissible only in so far as they do not contradict what is
thought to be in the best interest of the community. When a crime is committed, there is
usually an overwhelming desire in compensatory relief for any crime committed, because
in so doing, benefits radiate to several people in the community. When anticipated
compensation is not quickly forthcoming, a simple situation could quickly degenerate
into a raid to recover required livestock.
A senior Police Officer in Kotido echoed what several commentators have said, in
interpreting the demands usually made for compensations as “an urge for free things”.
This was precisely because through raiding, the Karamojong get livestock and become
rich quickly without working for the wealth. ‘You may have a girl child. Even when you
don’t care about her, in case you have heard that someone is going after her, you
demand for compensation. In case a vehicle knocks an animal while grazing on the road
(which is a crime for which the owner of the animal is liable), the driver is quickly
arrested and compensation demanded. For a goat, they demand Ushs. 100,000/=, and
for a human being, they demand Ushs. 5m/=. When an accident happened, it becomes an
advantage for the relatives to benefit. Claims of adultery are punishable by 60 heads of
cattle, whether proved or not, so long as you are said to have had an affair. These
animals will be collected even from relatives so long as the crime is presumed to have
been committed.61 The Police in Kotido had registered so many such cases, where the
police acted and recovered cattle that had been raided from people who had been
suspected of having committed adultery. Two such cases were at the Kotido Police
Station, namely: Kapel Lobote, in a case on adultery against Lomaniko in CRB 199/08,
the Police recovered 7 cows and returned them to the owner. In another similar incident,
a one Apeyo Lorwa vs. Maria, CBR 729/07, 10 cows were recovered and returned to the
owner.62
0 In the traditional system, murder is dealt with by revenge killing or negotiations
may ensue if the killer escapes. If the nuclear family members of the murdered victim are
the ones negotiating with the relatives of the murderer, they may demand revenge killing.
But those negotiating on the side of the murdered person also involve people from the
extended family, including relatives, they may settle for blood compensation.
0 Whenever a compensation of say 100 heads of cattle is made, the cattle received
are all not taken by the nuclear family. They are shared among the extended family.
Everybody in the extended family who shares the compensation paid has a responsibility

61
. Interview with Mr. Emaju, J.P., and District Police Commander (DPC), Kotido held at Kotido Police Station on 14 March 2008
62
. See Kotido Police Station CRB, accessed on 13 March 2008

98
for the happiness of the aggrieved family. It also spreads the risk, in that if the nuclear
family looses their animals, there is at least someone else in the community within the
extended family who owes it to them. So they will not be left to suffer without someone
in the community coming to their aid. But what it also means is that, the family of the
murdered person do not see justice being done by the killer being made to directly suffer
the pain of his crimes. Because the livestock for the blood compensation for the murder
are also contributed by the relatives and the extended family of murderer. Because they
do, they have a responsibility to ensure that their person does not behave in a manner that
will deny them animals.
Some cases are usually not taken to the formal justice system because it is more
materially rewarding to settle them under the traditional justice system. For example, if a
man rapes a woman he was not dating, he is forced to pay 8 cows and 1 ram. If a man is
arrested while having sex with a woman married to another man, he commits adultery
and pays 60 heads of cattle. If a man produces children with a woman without having
been married formerly, every child produced you pay a fine of 3 bulls. 63 The practice of
paying compensation for crimes committed is justified on the grounds that taking culprits
to prison does not benefit the party most affected by the crime committed by the culprit.
Justice under the traditional system has the effect of compensatory relief which is rarely
felt in the formal system. The payment of compensation effectively heels wounds, and
after the aggrieved party is satisfied with the compensation, the issue is never raised
again. Justice is very fast and outcomes can be felt, and are tangible and visible.64
A group of cattle thieves from Loputuk went to Katikekile in Kodonyo grazing
area and stole animals. On their return from a successful mission, the thieves turned
against each other while sharing loot. One person was shot dead. On arrival in their
village the relatives went and demanded for compensation by the time Police came to
know they had already resolved the matter. “when you find that they have already
handled the matter the traditional way where do you get evidence from, as there would
be no consenting parties you will end up punishing a person twice you cant take them to
police by force no one will even cooperate in assisting investigations to establish a case”.
65

Justice administration under the traditional system is often open to abuses. In case
a culprit fails to raise the heads of cattle required for compensation, the cattle are raided
from kraals of his relatives. That is why it is common for the culprit’s own relative killing
those who are likely to become a cause of their livestock being raided. 66 In traditional
system the element of accidental death can be a consideration, but is usually difficult to
prove because of the overwhelming interest in compensation. Where compensation is not
quickly forth coming, the situation easily degenerates into raids or even revenge killings.
If, following a murder, the balance of compensation cannot be obtained, and a raid is not
immediately possible, then the aggrieved parties resort to the formal system.67

. Interview with Mr. Lomanio, LC5 Chairperson, Kotido District held on 5 March 2008 at Kotido District
63

Headquarters
64
. Interview with Mr. Ochen David Aleper, Programme Officer, Uganda Human Rights Commission (UHRC), Kotido Office, and
Coordinator, Kotido Civil Military Coordination Centre (CMMC) held on 6 March 2008
65
. Interview with Mr. Dowan Samuel Deputy Inspector of Police, CID Moroto held at Moroto CPS on ?????
66
. Interview with Mr. Ochen David Aleper, Programme Officer, Uganda Human Rights Commission (UHRC), Kotido Office, and
Coordinator, Kotido Civil Military Coordination Centre (CMMC) held on 6 March 2008

99
 Some individuals also take advantage of the traditional system to acquire wealth.
For example, if a claim of adultery has been made, the community does not wait for it to
be proved beyond reasonable doubt. ‘The accused person has to pay the 60 heads of
cattle demanded as compensation, and after paying the compensation; the owners of the
woman will still take her back. If you are in a love with a girl and you are arrested and
you are not going to marry her, you pay a fine of eight cows. They may take the girl back,
but if you are to remain with her, and are interested in marrying her, then have to pay
bride price’.68
Blood compensation for murder committed favours the wealthy. 69 In Abim, the
study team was informed that if a clansman kills another, such a case is likely not to be
reported to Police. However, if one of them escapes from lawful custody, that person is
more likely to be brought back to face the law, unless the convict escapes to the kraals. 70
In Kaabong, most of the murder cases don’t reach court; they are handled within the
traditional system because people would rather go for compensation.71
Even after compensation has been paid, reconciliation cannot be achieved without
a sacrifice. Ritual sacrifices are used for achieving harmony once a crime has been
committed. Even when cases are brought before the LC courts, the community prefers
compensation and usually tell the LC’s that “if you want to take the criminal to police
they will tell the LC’s to pay the compensation meant for the criminal to pay “you pay
your self or we will kill you in his place ” (FGD Bokora Youth, Moroto District).
There are cases which are reported to the police but the affected parties insist that
they can handle the matter themselves when they realize that reconciliation is best. Cases
such as assaults, which were common, were rarely reported to Police because they
affected compensation. The members of the community usually argue: “We shall not get
our cows or get our money refunded”. The few that came were from enlightened people
who understood the law although sometimes they were overpowered where there were
strong vested interested in pursuing justice under the traditional system. Some people are
usually brought to the formal justice system after compensation for their actions has been
secured under the traditional system, implying that the two justice systems were
sometimes mixed. Since people rarely report crime incidences they will make all efforts
to make sure that they get compensation from clan members.72
People expect compensation from both criminal and civil matters. 73 There are
some excesses. Sometimes after a murder, adultery, rape, defilement, pre-marital sex is
committed, the members of the aggrieved family simply execute a raid and take away all
the animals form the clan of the person who committed the crime in question (FGD Pokot
Women, Nakapiripirit District). Cases of defilement are not reported because parents

. Interview with Mr Lotyang Paulino Abunyila, Magistrate Grade II, Kotido held at Kotido Magistrates Court on ???
67

March 2008
68
. Interview with Mr. Emaju, J.P., and District Police Commander (DPC), Kotido held at Kotido Police Station on 14 March 2008
. Interview with Mr. Lomanio, LC5 Chairperson, Kotido District held on 5 March 2008 at Kotido District
69

Headquarters
70
. Interview with Mr. Kulanyi Eddie ASP, DPC ABIM held at Abim Police Station on ????
71
. Interview with Mr. Ochieng George William, Grade II Magistrate Kaabong and Sam Lokoruka, Court Clerk/Prosecutor, Kaabong,
held at Kaabong Magistrates Court on 4 March 2008
72
. Interview with Mr. Dowan Samuel Deputy Inspector of Police, CID Moroto held at Moroto CPS on ?????
73
. Interview with Mr Lotyang Paulino Abunyila, Magistrate Grade II, Kotido held at Kotido Magistrates Court on ???
March 2008

100
immediately think about is marrying them off to those who commit the defilement to
generate compensation. Compensation involving defilement cases is negotiated as if it
were some kind of business transaction.
Because of a desire to generate opportunities for compensatory relief, cases have
sometimes been withdrawn from the formal system and referred to the traditional justice
system. This undermines the applicability of the Ugandan laws to the Karamojong
situations, ‘It’s a tragedy that even defilement cases are negotiated, its now a business’.
A judicial officer in Kotido acknowledged the importance of the formal system:
‘Sometimes courts have nothing to do with complainant who requests for the case to be
withdrawn from court’. Many decisions, especially sentences of the council of elders are
not in conformity with the law in the formal justice system. A senior Police Officer in
Moroto said: “We have sometimes closed our eyes and forced to do the wrong thing”.

4.5.8 THE OUTBREAK OF MOB JUSTICE

The Karamojong do not understand the difference between civil and

criminal matters and have a preference for outcomes where the aggrieved gains
materially like compensation even in criminal matters. When they realize that they will
not directly gain, they either lose interest in the case, or quickly handle it extra-judicially
either through mob justice or traditional adjudication when they realize they cannot
pursue compensation under the traditional justice system.
The way the traditional justice systems are conducted, especially the akiriket or
the ekokwa (the local court), their proceedings maximise the direct participation of elders
(for the akiriket) and the entire community members (for the ekokwa). This direct
participation of the general membership of these ‘traditional judicial organs’ is essential
because it enables corporate enforcement of sentences and sanctions (in the absence of
official enforcement mechanisms). That is why sometimes, it easily degenerates into
what a casual observer would characterise as ‘mob justice’. It also needs to be
emphasised that execution of justice under the traditional system easily degenerate into
mob violence, because although the elders are usually in charge, no particular one of
them actually takes responsibility for any excesses. There have been cases of individual
being flogged to death during ameto.

4.6 ADDRESSING CHALLENGES ENCOUNTERED IN TRADITIONAL JUSTICE

SYSTEMS

4.6.1 SECONDARY LEGAL AID FOR HUMAN RIGHTS AWARENESS AND

EDUCATION

There is a need to support the enhancement of awareness of universally

recognised human rights and liberties of everyone (including women, children, elderly,
disabled, etc.) as well as rights of groups and entities in Karamoja (especially the sub-
ethnic minorities). Massive human rights education and awareness campaigns need to be
supported through existing Legal aid service providers as well as community
development focussed CSOs as secondary legal aid in order to address situations in
which individual rights and liberties are sacrificed in interest of social harmony for
furtherance of collective survival.

101
 Many of the current rights violations, especially against women and children are
sometimes depicted as socio-culturally acceptable practices that cannot be simply
legislated away. It will require a massive campaign to further an appreciation of
universally acceptable principles regarding the protection of the general human rights of
all categories of people. Encouraging universal formal primary and secondary education
for all Karamojong children (boys and girls) enhances opportunities for wider
appreciation of secondary legal aid interventions in the long-term, and should therefore
be supported without any reservations.

4.6.2 IMPROVING THE FUNCTIONING OF TRADITIONAL JUSTICE

STRUCTURES

Aspects of the traditional justice systems and structures that often amount to
human rights abuses need to identified and documented so that they can be targeted under
secondary legal aid provided through right awareness and education campaigns.
Traditional structures such as the Council of Elders could be facilitated in a manner
determined by the elders themselves on how they can enhance their authority in their
respective communities, for example, through regular meetings and transfer of powers to
the next generation set once it is deemed as inevitable. Regular communication and
dialogue will be essential between councils of elders of warring communities as a way to
reduce inter-ethnic conflicts. Secondary legal aid by community volunteers employed in
local CSOs and district-based Legal aid service providers could be considered for
tradition structures such as the community court (ekokwa). As more and more indigenous
Karamojong are enabled to seek employment in the formal justice law and order sector
and to accept deployment in different parts of Karamoja, they will provide a useful link
between the traditional justice system and the formal justice system, since they will have
a vantage point of being knowledgeable about both justice systems.
One of the areas where the formal system can learn some lessons is in the area of
alternative dispute resolution, especially by integrating aspects from the traditional justice
system that obligates an offender to confess their wrongdoing by telling the truth, asking
for forgiveness so that reconciliation can take place. Another is by recognising that there
is usually a very distinct separation of functions between the spiritual/mystical; decision
making and legislative functions (wielded by the senior elders) and the judicial functions
(which are exercised by the junior elders (gazelles), while the enforcement functions for
ensuring compliance are exercised by the rats (ŋgidoi). For ways to improve the
functioning of the traditional justice structures and institutions such as the ekokwa, focus
need to be placed on the gazelles who superintend its operationalisation. They need to be
targeted directly for secondary legal aid support to enhance their appreciation of how
matters are handled in other system, as an opportunity to learn from the way they are
done differently in the Karamojong setting.

4.6.3 MITIGATING THE EXCESS IN THE TRADITIONAL JUSTICE SYSTEMS

Further targeted research should be undertaken to detail the specifics of the

traditional justice systems and structures that often amount to human rights violations and
abuses so that the negatives consequences of the traditional systems can be addressed to

102
mitigate their worst possible impact. As the performance of the formal justice, law and
order institutions improves, some of the excesses in the traditional justice structures and
systems (for example, double jeopardy, and vicarious liability and collective punishment)
will begin to diminish.
Since some of the excesses attributed to the traditional justice are actually caused
by institutions that are an adulteration of the ideals of the traditional justice system,
especially Local Council Courts that become synonymous with community courts, and
yet function as neither in the ideal situation, support should be extended to Local
Councils in order to function properly. With secondary legal aid made available to adults
in all available fora some of the excess attributed to the traditional systems will slowly
diminish.
Although it is agreed that traditional justice system have their own systems of
investigation and collating evidence, before a sentence is passed, the system does not
provide opportunity for appealing the sentences once it has been passed. Usually in the
interest of social harmony, appeal processes are almost not permissible. Rather than
appeal a judgement of a traditional court which is considered as unfair, potential
appellants are usually encouraged to take advantage of the elaborate reconciliation
processes to mend fences. One of the areas the traditional justice systems could be
strengthened is in supporting systems within the traditional setting that make appeals not
only feasible but also possible.
Efforts need to be made to promote secondary legal aid in such a way that an
attempt is made incrementally to harmonise the procedures in the traditional justice
system with time-tested principles in the formal, at least to the extent that this is possible.
This could possibly lessen instances of dual jeopardy, for example, by supporting justice
administration processes in the traditional system that contribute to the procedural
requirements in the formal system.
One this would work is to allow certain evidence from the traditional system to be
tendered in the formal system, by for example, allowing selected elders who participate
in processes through which traditional justice is dispensed to be introduced as assessors
in formal courts at all levels. This system of elders serving as court assessors
(ngimulamuzi) existed before, and used to make it difficult for suspects who admit guilt
in the traditional system, but turn round in the formal system and claim they are not
guilty because of the ‘couching’ they get when they enter detention.

4.6.4 IMPROVING THE PERFORMANCE OF THE FORMAL JUSTICE SYSTEM

Ultimately, to enhance access to justice necessarily calls for measures to

strengthen all formal sector Justice, Law and Order (JLO) institutions and actors in view
of the fact one of the major reasons why the traditional system is perverse was because of
the non-functional traditional justice systems. The Police, the Judiciary, the Prisons and
all other stakeholders need to function well to diminish the need to fall back to the
traditional system. The details of how can be done are the subject of the analysis in the
next chapter. Strengthening the performance of the formal justice system will also call for
building on the positive aspects of the traditional justice systems. For example, it will be
essential to extend support to the elders’ council in order to enhance the participation of
selected elders from the various communities in assisting police with community

103
policing, in view of the positive outcomes in the traditional justice system such as the
‘tracking and apprehending’ of criminal offenders.

5 THE CURRENT DYNAMICS OF THE FORMAL JUSTICE, LAW AND ORDER

SECTOR (JLOS) IN KARAMOJA

While this study was not intended to conduct a full fledged evaluation of JLOS
instructions nevertheless it was not possible to evaluate, access to justice issues without
investigating the broader internal and external aspects relating to the performance of each
institution and determining to what extent the respective JLOS institutions in Karamoja
have aligned and positioned themselves to attain the objectives based in SIP II. For the
machinery of justice to be effective, the courts, the Directorate of Public Prosecution
(DPP), the police, the prisons, the probation office and public have to play their
respective roles with maximum co-operation. All these agencies and persons have the
same objective namely the attainment of justice as was stated in the case of Amisi and
others vs. Uganda held that “basically in criminal cases the police, the advocate
appearing for the DPP, the advocate for the defence and the court, all have the same
object, and that is to discover the truth and in particular whether the accused person
committed the offence for which he is charged”.74

5.1 THE POLICE

5.1.1 THE ROLE OF THE POLICE IN ENHANCING ACCESS TO JUSTICE

The Police is defined as: “the department of government which is concerned with
the maintenance of public order and safety and enforcement of the law”.75 The police is
also described as: “The civil force to which is entrusted the duty of maintaining public
order, enforcing regulations for the prevention of breaches of the law and detecting
crime”. In a democratic society, the police serve to protect, rather than impede, freedoms.
The very purpose of the police is to provide a safe, orderly environment in which these
freedoms can be exercised.76
The existence of the Uganda Police Force, established in 1906, is legitimised and
established by Article 212 of the 1995 Uganda Constitution provides as follows: “there
shall be a police force to be known as the Uganda police force and such other police
forces in Uganda as parliament may by law prescribe”. Article 212 of the Uganda
Constitution spells out the role of the Uganda Police which includes; the role to protect
life and property; preserve law and order; prevent and detect crime, and; to cooperate
with the civilian authority and other security organs established under the constitution.
The role and function of the police are further expounded in the Police Act (Cap. 330).
The Police Act empowers police to investigate cases and make necessary arrests, detain
for a minimum period and produce a suspect in court.

74
. (1970) E. A. 662 (Debbie details source)
75
. See Oxford English Dictionary (Vol. II) page 1536
76
. United Nations International Police Task Force.

104
 The role of the Police in executing its mandate include: detection of crime; arrest
of suspects; investigation; searches; prevention of crime; prosecution of offenders;
protection of life and property, and preservation of law and order.
The powers of arrest by Police Officers with or without an arrest warrant are
regulated by the criminal procedure code. The same powers are also provided for in Part
V section 21(I), Sect 21(2) 23 and 24 of the police Act Cap 303. This was also reiterated
in Uganda vs. Kisegerwa and another 77 where it was held by a one J., Butagira that the
accused persons who were policemen had the power to arrest without a warrant on
reasonable suspicion that a suspect has committed an offence or is about to commit an
offence.
In all criminal matters the police are normally the first entry point within the
formal criminal justice system They are the first point of contact an offender or
complainant would get to before they encounter other actors. However, the police and
other JLOS agencies face significant challenges besides those they encounter elsewhere,
in the course of operating in the Karamoja sub-region. Some of the challenges are
highlighted in the box below.

Box 1: Challenges to the functioning of the Police

“As recently as 2007, the Karamojong were still daring the police to try and arrest them.
In one of the manyattas in Moroto after the Italian Co-operation and Development
(C&D) compound in a place called ‘Cambi-Insi’ (literally meaning home of many flies),
two policemen (one carrying a file and another a gun) went to arrest a suspect, who was
alleged to have been involved in a fight in Moroto Municipality. A boy overheard them
asking for his father. The child went back inside the manyattas and alerted his father,
who sent the child back with a message to the policemen. “Tell them to come quickly and
we settle our difference like men’. When the policemen heard, they quickly disappeared
back to Moroto, where they sought reinforcement. By the time they returned, the man had
taken off with his gun”.78

Challenges of Local Administration Police (LAP’s):

Many of the Police outposts in Karamoja are manned by LAPs. The educational
standards of the majority of the LAPs was found to be below Primary 7 standard. Some
LAPs are Primary 2 graduates. Their status within the police and training background
precludes them from being able to handle capital offences like murder, rape and
defilement which are the major offences that outposts are frequently confronted with.
LAP’s are the most readily available manpower for executing police duties at sub county,
village levels.

Impact of the police in Karamoja:

Disarmament and specific Karamoja programmes like RELOKA has increased
police presence in the sub region. Public confidence in the police is gradually increasing
enhanced by the community policing programme. the police role is slowly being
embraced by the public especially in urban centres where the locals have acquired radios.

77
. See Uganda vs. Kisegerwa and another, 1978 (HCB 137).
78
. Interview with Mr. Richard Odeke, Chairman of Nakapiripirit District Service Commission, formerly Principal Inspector of
School, Moroto District Local Government held on 1 April 2008

105
The advent of the FM Radio stations whose signals are clear within Karamoja has
increased radio listenership, which has elevated awareness of Police crime prevention
programmes. The communities have responded by working with the Police to contain
activities of criminal elements in some local communities.79
This is however undermined by the lack of financial support for Radio
programmes on crime prevention. The programmes usually aired are done because of the
mutual understanding between the police and the Radio Station owners who provide free
air time.80 Police has also boosted its Community Liaison Programme, which has enabled
karachuna’s to appreciate the significance of reporting crimes committed in their
communities to the Police. Every passing day, more Karachunas and other suspects on
their own volition run to Police for protection if they sense they are going to be lynched
by the communities shouting in the process and ordering the police to quickly open the
cell door to let them in, all other explanations and statements can wait until they are
safely in the cell.81
A lot of sensitization should be undertaken because people in Karamoja seem to
have forgotten that the Police is supposed to enforce law and order. People think they
have a right to resist Police arrest. Many times, sensitisation campaigns stop at the district
level, and yet the communities need the sensitization even the more. Sensitization should
start at parish level.82 The Police has Community Liaison Officers (CLOs) at the CPS
who work together with the Office of the DPC to sensitize the public on law and order.
Their outreach is however affected by financial constraints and transport difficulties.
Increasingly, more people have gained confidence in volunteering information on
illegal possession of guns, as a result of the joint mobilization and sensitization
programmes of the public by the district security committee (including the Police). In the
past, it was prestigious to handle a gun. It was considered as a sign of a responsible
person in the society. If you did not have a gun you were like a woman. Karachuna who
wanted to see their girl friend had to fire in the air to announce their coming.83
The public has come out in the open to assist the Police in identifying and
arresting criminals unlike in the past when they resolved the case on their own. There
were testimonies of community members seeking legal advice from police on how to
handle a situation in the community. They have also invite the Police to go and talk to the
community. There were now more and more people coming to the Police to ask whether
they can continue with the traditional system or follow formal system.84

5.1.2 THE DIRECTOR OF PUBLIC PROSECUTIONS’ OFFICE

The office of the DPP is established under Article 120 of the Constitution the
functions of the Director of Public Prosecutions (DPP) are derived from Article 120 (3 a-
d) of the Constitution. A prosecutor therefore as an officer of the Court, has the grave

79
. See ibid
80
. Interview with Mr. Dowan Samuel Deputy Inspector of Police, CID Moroto held at Moroto CPS
81
. Interview with Okot Zake, Deputy Superintendent of Police, Regional CID North-East held at Moroto CPS.
82
. Interview with Mr. Yusuf Logiel, Liaison officer, United Nations Office of the High Commissioner for Human
Rights (UNOHCHR), Kotido, held in Kotido on 6 March 2008.
83
. Ibid
84
. Ibid

106
duty to assist the Court arrive at a just decision as observed in Archibold criminal
pleading evidence and practice.85 One of the core activities of a prosecutor is the perusal
of police files for legal advice. The other core function of the DPP is prosecution by
leading witnesses in court and adducing the evidence that the prosecutor has in support of
the charge.

5.2 THE JUDICIARY

5.2.1 THE ROLE OF THE JUDICIARY IN ENHANCING ACCESS TO JUSTICE

Osborne concise law dictionary defined courts to mean a place where justice is
administered. The courts serve as a forum where disputes are settled and justice is
administered. Article 126 (1) of the constitution provides that judicial power is derived
from the people and shall be exercised by the courts established under the constitution.
Clause 2 of the same Article directs courts that when adjudicating cases of both a civil
and criminal nature, they shall, subject to the law, apply the following principles:

a) Justice shall be done to all irrespective of their social or economic status

b) Justice shall not be delayed
c) Adequate compensation shall be awarded to victims of wrongs
d) Reconciliation between parties shall be promoted and
e) Substantive justice shall be administered without undue regard to technicalities

Article 127 provides for the participation of the people in the administration of
justice. In Uganda the courts of judicature include the courts of record (Supreme Court,
Court of Appeal and High Court) as well as the subordinate courts (magistrate courts,
Local Council courts and military courts). These are provided for under Article 129 of
the Constitution. The functioning and powers of the High Court and the magistrate courts
are spelt out under the Trial on Indictments Act (Cap. 23) and the Magistrate Courts Act
(Cap. 16) respectively. The functioning and powers of the Local Council courts are
spelled out in the Local Councils Courts Act 2006.
All the actors within the JLOS value chain have different roles that eventually all
contribute to an efficient legal system. The idea is for all these key players to work
together to ensure that justice is attained in all spheres of the society. Since the
Arbitration and Conciliation Act was enacted in 2000, lawyers and the general public are
being encouraged to take some matters for arbitration instead of using the formal means
of dispute settlement. A centre for arbitration and dispute settlement was also set up and
is attached to the commercial court to help in settling commercial disputes. However, this
system of dispute settlement is still new and has a lot of potential for growth although
many have not been fully sensitized about its advantages. Furthermore, the arbitration
process in Uganda, as indeed elsewhere in the world, is closely linked to the expeditious
resolution of commercial disputes rather than the resolution of criminal proceedings. The
mediation process under the same Act (Arbitration and Conciliation Act) has to a lesser

85
“It has been said that prosecuting counsel should regard themselves as ministers of justice assisting in its
administration rather than advocates of a cause, counsel for the prosecution throughout a case ought not to struggle
for the verdict against the prisoner, but they ought to bear themselves rather in the character of ministers of justice
assisting in the administration of justice."

107
extent been applied to civil disputes such as trespass to land, property etc, but it too has
not been substantively applied to formal criminal proceedings.

5.2.2 THE NATURE OF COURTS OPERATING IN KARAMOJA

In order to evaluate the extent to which the courts promoted or hindered access to
justice in Karamoja the study through primary and secondary data set out to establish the
overall context in which the courts operated in.

5.2.3 THE NATURE OF CASES BROUGHT TO FORMAL COURTS IN

KARAMOJA

Given the strong attachment that the Karamojong have for their traditional
systems it was important for the study to establish the extent to which the courts were
being utilised and what types of cases found their way to court and why? A profiling of
the court users was needed to understand this trend which could inform the gist of the
study and enable the formulation of sustainable options for enhancing justice law and
order in the region. The profiling of court users needed to establish: age; sex; occupation;
location; educational status, and; the location where an offence took place.
The study found that most of the murder cases and other capital offences did not
reach court, they are handled within the traditional system because people would rather
opt for an option that would allow them obtain compensation. The issues around justice
and compensation for the Karamojong are centred within the discourse on livelihoods and
the struggle for daily survival in the midst of a very precarious environment characterised
by famine and drought that deplete herds, raids that in a moment can totally impoverish a
household, lack of alternative sources of livelihoods etc. the profile of offenders showed
that young unemployed illiterate males were the most dominant inmates, clearly pointing
to the need for promoting interventions that would address unemployment and skills
development, alternative livelihoods and education.
The Criminal cases handled included the following: assault occasioning grievous
harm; Theft (stealing cattle, household property, etc.); threatening violence; murder and
manslaughter; defilement; malicious damage; obtaining goods by false pretence; recovery
of debts; land disputes; maintenance and custody of children; idleness and disorderliness;
recovery of dowry; adultery mainly handled by traditional system people prefer the
compensation of 60 cows. Civil cases handled included the following: recovery of debt;
recovery of dowry; land disputes; maintenance and custody of children. The cases
profiled above found their way to the formal court system because of a number of reasons
including a combination of the following:

1. The traditional courts and LC’s had failed to handle them

2. The offender was a habitual offender
3. The offender handed him her self to the police
4. The complainant was educated, or lived within a short radius of town
5. The complainant was a district official
6. The complainant was a non Karamojong

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7. The offence took place within a certain radius within close proximity to the police

The study was designed to investigate the extent to which courts have been
accessible to the people, how they have been able to expeditiously dispose of cases, how
fair trials have been.86 Against the odds and limitations the courts are faced with, the
study was able to identify some pointers that indicated that the courts had registered some
relative level of success and on the other hand had also poorly performed. A close
scrutiny revealed that all the courts were able to demonstrate proficiency in keeping their
returns which were sent to headquarters on a monthly basis. The manner in which records
were formatted helped in the quick retrieval of case information even of cases of previous
years.
The courts have also taken cognizance of people’s attachment to their culture and
have responded by accommodating some of the realities e.g. the demands for
compensation or the involvement of elders in court in assisting the Magistrate arrive at a
judgment that all parties would acknowledge and respect. The GI Magistrate Moroto
said: “When I came there were very few cases most cases would not reach court as
people preferred to have their cases handled by traditional courts. But what I do now if I
find one guilty I give the accused a penalty and then order compensation for the victim
under section 197-198 MCA.

5.2.4 THE UGANDA LAW COUNCIL

Interviews with the Uganda Law Council largely pointed to the same challenges
cited in the Justice Sector Assessment report. 87 Recommendations specific to the Uganda
Law Council cited in the mentioned report should be implemented as part of the
collective, multi-pronged effort to improve access to justice in Karamoja. In respect of
Karamoja, the Uganda Law Council (ULC) should therefore be facilitated to carry out its
main functions provided in s.4 of the Advocates Act. In particular support should be
provided for the frequent inspection of chambers of advocates based in the region and
supervision and control over the provision of legal aid. These roles are critical in
promoting public confidence in the formal justice sector. Part of legal aid awareness
programmes should include topics that will equip communities with knowledge of the
role of the Law Council in disciplining errant lawyers. At the time of conducting this
study the Law Council was still lamenting over inadequate funding and staffing including
office space to enable it carry out its functions.88

5.2.5 STRENGTHENING THE FUNCTIONING OF THE JUDICIARY

Enhancing access to justice and improving the administration of law and order in
Karamoja will come at a very high price to the country. The judiciary are a key JLOS
actor, hence need to be facilitated and adequately remunerated, with sufficient logistical
support, like other actors such as Police, Prisons, the DPP’s office, etc. The presence of
formal JLOS institutions has to be more visible. In order for the people of Karamoja to
86
. Courts of Judicature strategic plan and development programme 2006/7-2010/11 and JLOS SIP II
87
. World bank Justice Sector Assessment report 2005
88
. Interview with Hellen Obura Secretary Uganda Law Council

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respect formal justice system, the actors have to be functionally present and relevant to
address injustice whenever and wherever they occur. To strengthen the functioning
of the Judiciary in ways that enhance access to justice, the following are recommended:

 The Judiciary should be supported to convene regular High Court sessions for
Karamoja
 A functional Chief Magistrate’s Court should be established in Moroto to serve the
entire Karamoja
 The Judiciary should be supported to construct Grade I Magistrate’s Court in every
District
 The Judiciary should be supported to construct Grade II Magistrate’s Court in every
sub-county
 The Judiciary should be supported to establish court detention facilities for children
and women
 The Judiciary should be supported to stock the magistrates courts in Karamoja with
basic law books in their libraries
 The Judiciary should be supported to establish at least one functional mobile court per
district to enable grazing kraals to access judicial services
 The Judiciary should be supported to train at least 10 elders as Court Assessors for
every Grade I and Grade II Magistrates Court to integrate traditional justice principles
 The Judiciary should be supported to deploy at least 1 State Attorney per district in
Karamoja
 The Judiciary should be supported to build residences for judicial staff at District and
sub-county (High Court Judge; 1 Chief Magistrate; 5 Grade I Magistrates and 54 Grade
II Magistrates)

5.3 THE PRISONS

5.3.1 THE MANDATE OF PRISONS

The Uganda Prisons Service has the core responsibility of providing safe custody
for accused persons in conflict with the law and enabling rehabilitation and reform of
such persons to become law abiding citizens. The Constitution provides for the right to
personal liberty as a fundamental right protected by law. This right is usually denied
during imprisonment on suspicion of or having been convicted for committing offences
punishable under the law.
The Uganda Prisons Service derives its mandate from the 1995 Constitution of the
Republic of Uganda and the Prisons act. Article 215 (1) provides for a prison service
which is to be known as the Uganda Prison Service. Article (2) dictates the form in which
prison services shall be operated demanding that in execution of its role it should remain
professional, disciplined, competent and productive among others.
The roles and functions of the prisons are further expounded in the Prisons Act
2006. Section 3 spells out the key objective of UPS “to contribute to the protection of all
members of society by providing reasonable safe secure and humane custody and
rehabilitation of offenders in accordance with universally accepted standards”. Section 5
provides the functions of Uganda Prisons Service, and include the following: (i) to ensure
that every person detained legally in a prison is kept in humane safe custody produced in

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court when required until lawfully discharged or removed from prison; (ii) to facilitate
the social rehabilitation and reformation of prisons through specific training and
educational programmes; (iii) to facilitate the re-integration of prisoners into their
communities; (iv) to ensure performance by prisoners into their communities; (v) to
ensure performance by prisoners of work reasonably necessary for the effective
management of prisons.
Essentially therefore Uganda Prisons Service has the core responsibility of
providing safe custody for accused persons in conflict with the law and enabling
rehabilitation and reform of such persons to become law abiding. However the challenges
that confront the Uganda Prisons Service have incapacitated the entire institution
rendering it unable to achieve all the above stated objectives apart from the objective of
providing safety and security of offenders, staff and the public.

5.3.2 THE ROLE OF THE PRISONS IN ENHANCING ACCESS TO JUSTICE

The role of prisons is one that has not been clearly grasped by many communities
given the introverted closed culture that most African prison services adopted from
colonial times and were operated under until recently. The prisons broad emphasis on
custody (safety and security) as opposed to rehabilitation (corrections) created local
communities apprehension of the prisons and succeeded in isolating the entire institution
from the communities they were meant to work with and serve to enhance justice law and
order. However contemporary prison practice points to the contrary and now seeks to
emphasize the role of corrections in the wider development discourse and in addressing
poverty.
Prisons are expected to lock people up to protect society but while doing so must
rehabilitate, train and educate them resulting in reforming men and women capable of
taking their place as useful members of society. This notwithstanding, Prisons are given
the worst material available in the form of failures and rejects from society. This
unenviable task assigned to prisons by society, in carrying out their statutory role of
custody and rehabilitation, which has been summarised by Chigwida as: “turning
society’s rejects into model citizens”,89 highlights the difficulties the prisons face in
achieving the latter role of rehabilitation.
Unfortunately by design and or by default, prison operations in Karamoja remain
largely one of safety and security with little focus on rehabilitation and promotion of
human rights. Interviews with senior Prisons’ staff both in Kampala and in Karamoja
revealed that the intention of Uganda Prisons Service was to make a shift from this
manner of operation to one where correctional programmes would become a priority or
central focus.90 With improving security following disarmament, the capacity of the
police to apprehend and investigate incidences of crime has gradually improved. The
extent to which the police have been effective in their work has in effect resulted in
increasing the number of prison inmates a demonstration that when there is relative peace
and the environment is secure and where sufficient resources are allocated the justice
machinery has a potential to become effective.

89
. Debbie to provide the proper citation for L Chigwida ---
90
. See Uganda Prisons Service, Strategic Investment Plan II 2006/7-2010/11, op.cit, page XV

111
 Despite shortcomings and limitations faced by Uganda Prisons Service, it has
demonstrated that it has the capacity to confine those members of society considered
social outfits and a menace to society. In an attempt to achieve this objective the prisons
are bulging and bursting to the sims and Prisons’ staff tighter with prisoners consistently
raised the complaint of overcrowding. There seems to be always room for one more
inmate.
The prison farms have also been effective in enhancing sustainability of the
Prisons Service. They have achieved this through the production of food which is either
sold to generate much needed income and a portion of this food augments the poor diet of
inmates. The prison farms have been better placed in establishing and maintaining
relationships with the community living around them than the other purely custodial
prisons facilities. The prison farms have been able to create these relationships by sharing
some of their farm products as well as seeds with impoverished communities thus saving
a number of households from hunger and poverty.
Some communities like those around Amita and Namalu prisons have benefited
from demonstrations on good farming practices. The impartation of some of these
farming skills have helped in improving food security for these selected communities as
they have been encouraged to start their own gardens. However tensions between the
prison farms and the communities do occur when some members of the community who
have little respect for the farms steal or destroy crops or let animals stray and graze in the
farms.

Table 7: Deployment of Prisons Staff in Karamoja as of April 2008

STAFF NO OF STAFF NO OF WOMEN
Regional Headquarters 5 0
Moroto 34 8
Namalu 50 4
Kotido 29 5
Amita 24 2
Total 142 20

5.3.3 THE POTENTIAL FOR A COMMUNITY SERVICE PROGRAMME IN

KARAMOJA

Since the Community Service Act was enacted in 2000 (CAP 115) there has been
very minimal progress made in Karamoja to implement the programme. The introduction
of non-custodial punishment after conviction by courts of law makes it possible for an
offender (with the offender’s consent) to serve an alternative sentence through
performing community service. It needs to be mentioned while the Community Service
Programme in Karamoja is still poorly developed, there are immense opportunities for
the programmes to succeed. The prison system is Karamoja is so constrained that
unreasonable incarcerations of minor offenders or those convicted of minor offences
could benefit from community service, which would ease the current overload on the
Prison service. The study team was informed that probation officers in Karamoja also
works with the community service programme in order to avoid congestion in court by
helping to supervise people on community service. Because they can enhance access to

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justice, community service initiatives need to be supported further, especially with active
involvement of the district local governments.

5.4 CHILDREN’S ISSUES AND PROBATION ACTIVITIES IN KARAMOJA

5.4.1 THE PROBATION OFFICE IN KARAMOJA

The Children’s Act cap 59 provides for support for children by local authorities.
Section 10 of the Act mandates local councils through probation and social welfare
officers to safe guard the rights of children and promote reconciliation between parents
and children. Probation work is usually assigned to the secretary for children’s affairs
who may be assisted by such officers as the local government council may determine. For
every district, the local government council mediates in any situation where the rights of
a child are infringed upon and especially with regard to the physical protection of the
child.
The interviews revealed that in practice the probation officers in Karamoja focus
on overseeing child protection issues as well as working together with the police to
ensure reconciliation between parents and children. The probation office also works with
the community service programme in order to avoid congestion in court by helping to
supervise people on community service.
Common cases handled by the probation office include; child labour, child
dumping, children in prison custody with mothers, children held in police custody, child
negligence mainly as a result of poverty and excessive drinking, children in conflict with
the law mainly as a result of poverty. Many families due to scarcity of resources can not
afford to raise their children well many children have resorted to engaging in criminal
activities. Negligence and poverty aggravated by severe famine and insecurity were
considered one of the reasons children and women were migrating in large numbers out
of Karamoja. Visits to communities revealed that a great percentage of children in the
region are not in school, an infringement on their right to education.
The interviews revealed that women report more complaints than the men. The
women mainly reported cases of intimidation and domestic violence by men. On the
other hand men would rebut this with counterclaims alleging that, the probation officer if
male was in a relationship with their wives. Overall it would appear that the probation
office is not a popular destination for reporting and remedying of family and child related
issues as the greater percentage of cases are normally resolved at the community level.

5.4.2 MAIN INJUSTICES AFFECTING CHILDREN

Children are affected by many injustices in Karamoja, including insecurity,

widespread traditional forms of child labour such as cattle herding (which interferes with
education and exposes young boys to risks from raids and wild animals), poverty and
hunger, and poor hygiene and sanitation leading to high family morbidity and child
mortality rates. There is very low awareness or acceptance of children’s rights especially
in rural areas. Children are valued mainly for labour or bride price in the case of girls.
Underage girls are forced to marry at a tender age and defilement is taken as a normal
process towards marriage.

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 Children are socialized into a culture of violence from an early age. Adult role
models kill, maim, rob, and practice rape. Through exposure and association, many of the
children are inducted into the same kind of behaviour. The insecurity and
institutionalized violence in Karamoja have created a large number of orphaned children.
Many of these orphans live a beggarly life on the streets of towns and trading centres.
These kids take to petty theft and other criminal activities like fighting, drinking, and
prostitution for girls. They also survive by offering child labour.
It is difficult to handle child offenders as there is no reformatory school for them.
Efforts to advocate for a school by probation officers through the Council and the
Ministry of Gender have not yielded any results.

5.4.3 BLENDING FORMAL AND TRADITIONAL JUSTICE SYSTEMS IN

PROBATION

Sometimes traditional justice can be handled by the council of elders, e.g. child
negligence can be handled by elders who can sermon the man. There are many of these
types of cases where the probation office is unable to reach. The elderly (ngagimak) 50
years and above women also play a role in counselling and in consultation with elders. In
hard to reach areas, probation work can be done by agimak. They should therefore be the
first group to be empowered.

Recommendations:
 Given that the traditional justice structures continue to remain strong and dominant,
there is also need to co-opt them into the formal structure. For instance the elders can
punish the young whenever they go wrong. The elders, youth and women can also be
gradually absorbed into the formal structures and used for mobilization and
sensitization. Having them involved will eventually give them an understanding of
what the probation office entails.
 The probation office is already providing legal aid services both primary and
secondary. The office should be better facilitated to undertake this in a more
coordinated/structured manner.

5.5 THE ROLE OF LOCAL COUNCILS AND CHIEFS

5.5.1 THE MANDATE OF LOCAL COUNCILS

Local Council (LC) courts are courts constituted by elected LC officials from
village to sub county level (LC1-3) under (law) and are therefore geographically spread
throughout the country. They are mandated to hear cases originating within their area of
jurisdiction, including family disputes, land cases, assaults. LCs provided the best
opportunity for building synergies between the traditional and modern justice systems. In
some cases the elders are selected as LCs and use both capacities. In certain cases the
elders invite the LCs to listen in their sessions. The LCs use elders’ knowledge of custom
to make decisions, LCs also advices the elders.91
91
. Interview with Mr. David Ojao, LC3 Chairperson, Namalu Sub–county held at Namalu on 4 April 2008

114
 LCs handled mainly civil cases such as land disputes; disputes over bride price;
adultery; Verbal abuses and minor assaults (slapping without injury). Many cases of
families being compelled to return bride price after a widow is rejected, or after a widow
for whom bride price was paid in full refused to be inherited by the relatives of her
former husband after he dies are handled by LCs and Chief (FGD, LCs and Chiefs, Abim
District). Similar cases were encountered in Nakapiripirit District. In Abim, some cases
such as theft and rape may first be referred to LCs, from where they are transferred to
Police. People rush to LCs because it is easier to get justice than to go to the traditional
justice system.92
Domestic case involving a man and his wife or son and father are mainly handled
by Ameto. LCs mainly handled assault cases. Defilement/murder cases were usually
taken to police. Domestic cases were better handled by Ameto because this created social
harmony. Taking an accused to Police for domestic wrangles creates permanent enmity
which makes it possible for all to see the punishment a person endures, hence becomes a
deference for future commitment of similar crimes.

5.5.2 LOCAL COUNCILS AND ACCESS TO JUSTICE IN KARAMOJA

In Dodoth, the study team was informed that daily interaction between
government and elders was weak. The appointment of young people as sub-county chiefs
had led to collusion between the traditional and modern systems of administration of law
and order in Karamoja. Some of the sub-county chiefs appointed on grounds of their
education are women. The elders lost respect of formal sector government. The elder find
it difficult to take directives from young uninitiated men, and worst still from women.
The seat of the traditional power is the akiriket. And while at the akiriket, it is the elders
who give permission to speak. You are allowed to speak even if you are a graduate. The
election of political leaders right from the village LC1 to the President, are influenced by
the elders who determine who should be voted. The elders look at the background of your
clan, where you come from. Among the Dodoth, the LC5 chairman can’t come from an
inferior clan of the Dodoth. Even if they are University graduates, As long as they are
uninitiated, they cannot speak during Akiriket ceremonies, unless if they have been
invited by the senior elders.93
In the villages, LCs are mainly useful in sensitising communities on issues of
peace and stability. When an Ekokwa is convened, the LCs also attend and give views
like any other members of the village. They are not given any special recognition because
of being LCs. If however, the chairperson of the village Local Council Executive
Committee is also an initiated elder, that person will be recognised, primarily on account
of being an initiated elder who also carries additional responsibility from government. If
the LC chairperson in not an initiated elder, he will be considered just like the rest of the
uninitiated people in the community are treated.
Among the Tepeth, the study team was told that LCs are government
representatives. They give to the District Local Government updates regarding access to
services. When certain basic social services are seriously lacking, the message to the
92
. Interview with Mr. Wekomba William, Deputy District Internal Security Officer (DISO), Abim District held in Abim Town on 10
March 2008
93
. Interview with Kaabong District Research Assistants (Mr. Ambrose Lotyang; Mr. Benjamin Ateu) during a de-brief meeting with
the study team held in Kaabong on 2 March 2008.

115
district local government is taken by the LCs. When there are cases of famine-related
deaths, message to government representatives in the villages is delivered by the LCs
(FGD, Tepeth Elders, Moroto District). In Kodonyo, there is an elder who is supposed to
discus the movement of cattle for dry season grazing, but was too old to move. He gave
his message to the LC chairperson, who was in the same age-set to deliver his message to
the Ekokwa. The discussion about movement of herds to their dry season areas is made in
the Ekokwa which is attended by elders (FGD, Tepeth Elders, Moroto District).
When cases are taken to the LCs, the complainants as well as defendants both pay
some charges to the LCs. If by any chance, a case starts in the Ekokwa, a bull has to be
paid to the elders to perform rituals. So if a case starts from the ekokwa and then moves
to the LCs, then the complainants pays twice. Cases that have been handled by elders are
usually not referred to LCs. If a case has been handled by the ekokwa, and somehow an
agreement cannot be reached, then the complainants comes to the LC simply to get a
letter to go to Police. Cases that have been handled by the ekokwa cannot be discussed
again in the LC. In order to open a file for any case, the Police usually asks for a letter
from the LCs. The people complained that even for a mere letter from the LC, a fee has to
be paid. Cases which are ordinarily handled by the ekokwa, but which the LCs can also
hear include: theft of crops from granaries; disagreements between individual involved in
marriage in terms of who take how many animals (FGD, Tepeth Elders, Moroto District).
When one reports a case to LC, a statement is recorded. The accused is
summoned, and his/her statement also recorded. The LC read these statements to both
parties, if they agree with them, a date is agreed upon for a hearing before the LC
Executive Committee. They are mobilized. The accused and accuser pay a fee of
5000/=each. After the LC court has made its ruling, a refund of the Ushs. 5000/= is made
to one who wins the case. The one who loses the case doesn’t get a refund. When one is
not satisfied, can go to court- a new statement is made- to compile with the one given to
LC witness are summoned and also write a statement- the LC1 executive is called to
cross examine the witness (FGD, LCs and Chiefs, Abim District).
Land disputes are handled by LC’s together with the elders (FGD, Ethur Male
Youth, Abim District). The LCs also regulate the activities of ameto when beating some
one they ensure that the person is not beaten up severely other wise the matter could end
up in prison. This followed an incident where someone was beaten to death during ameto
(FGD, Ethur Male Youth, Abim District). Some cases start with the elders and then
moved to LCs if no agreement is reached. In Abim, some divorce the case starts with the
elders if they fail its moved to the LC’s in case of return of dowry and custody of children
LC’s are to be subject of consideration (FGD, Ethur Male Youth, Abim District).
LC1 refer the cases that come their way to LC2, if they cannot handle to LC3. If it
is a civil case, it is referred to the magistrate. Criminal cases referred to police. If there is
understanding between the compliant and the accused, they negotiate even when it is a
criminal case. When some one makes a complaint, the parties have to agree to settle the
case for example the amount of money needed to reach an agreement- but if they don’t
agree may decide to go to Police. Cases are never taken to Police if parties affected are
relatives (FGD, LCs and Chiefs, Abim District).
In some circles, the LCs are preferred to the elders when it comes to dispute
resolution. Those who do so, argue that when you go to LC’s you want your problem
quickly they write your form and finish issues quickly rather than elders who take time

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(FGD Kadam Women, Nakapiripirit District). Others however prefer the elders to the
LCs. Among the Kadam, however, disputes were since time immemorial handled by their
elders. In Lemusui, and other parts of the Kadam mountains, at the height of insecurity,
the Kadam retreated to areas that were inaccessible to the modern JLOS actors. Cases
were resolved by the elders. And the Kadam people think their elders are very effective in
handling their disputes. The LCs have only been created recently, and in much of Kadam,
they have not yet been entrenched. The distance to where police are found is huge. They
are only in the towns (FGD, Kadam Elders, Nakapiripirit District).
If Kadam elders fail to resolve a dispute, it is taken to LCs, where they exist. In
Kadam, most disputes start and end with the elder’s Council of elders. If the complainant
is not satisfied with the decision for elders, then they appeal to the LC1, LC2 and LC3,
and if they are still not satisfied, they take the case to the Police. The Council of Elders
who sit to resolve disputes are selected by ekokwa. The composition of the ekokwa
depends on the case to be handled. If the case to be resolve involves murder, and other
capital crimes, the ekokwa is attended by only elders and the suspects. This is because of
the belief in the community that elders know how to trace the origin of the problem and
can investigate a case in very detail (FGD, Kadam Elders, Nakapiripirit District).
At Lomosingo village in Lotome sub-county, Bokora County, Moroto District, an
LC2 Chairman of Nariamoregony Parish in Lotome sub-county present told the study
team that LCs normally handle land conflicts in the community. There were several
cases of people struggling over ownership or boundaries of gardens (ekokoruat
ngamanan). Cases of people fighting after they get drunk are also handled by LCs.
However, the LCs work hand in hand with the elders who sit in the ekokwa. Cases that
are usually handled by LCs are likely to end up with the Police (FGD, Bokora Elders,
Moroto District).
Among the Pokot, unless if a case involves murder, any other cases are usually
first taken to the ekokwa as their first point of call. If the case is not resolved to the
satisfaction of either party, then they are taken to the LCs. If the verdict of the LC1 is
disputed, a case gets referred to LC2 and LC3. If the LC3 fails to resolve a case, it is
referred to the Police (FGD, Pokot Elders, Nakapiripirit District). The LC1 Chairperson
of Ngongosowon village, Mr. Akwanaita Teko who attended the Community Focus
Group discussion at Lochengenge village told the study team that there Executive
Committee usually receives complicated cases which the Council of Elders meeting
(kokwa Poi) or Community Court (kokwa) have failed to solve (FGD, Pokot Elders,
Nakapiripirit District).
Local Councils are more visible and strong in the more urbanized areas of
Karamoja. These LCs are mainly manned by school dropouts and semi-educated people.
If the LCs are located in the less urbanized rural areas, and are manned by semi-educated,
they are despised by the elders. They mainly handle mobilization of communities to
respond to government programmes. In some rural areas, where the significance of
having LCs has been well understood, the LCs are also occupied by elders. Wherever the
LCs have been accepted by elders, they function and operate in ways sanctioned by the
elders, and are extremely efficient. Even if they are supposed to be institution in the

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modern JLOS, they settle cases using traditional justice systems. The above
notwithstanding, the LCs and the elder work hand in hand for much of the time.
The Police often collaborate with the LCs. Police write to LC’s that they intend to
visit an area to conduct a community meeting. Civil cases (such as distress for rent, debts,
land disputes) that are taken to Police are usually referred back to the LC’s or to court
through the LC3.94 Matters are taken to Police only after the elders and LCs have tried
and failed. If a murderer has failed to compensate and is not willing to be taken to Police
he is killed there and then but if they accept LC’s will forward him to Police. If he kills
and runs to police he can also survive (FGD, Bokora Youth, Moroto District).
LCs were positively evaluated in facilitating access to justice due to speed, low
cost, simplicity, accessibility and focus on reconciliation. LCs reduce the workload of
formal courts. There is high community confidence in them. However, they were poorly
rated in terms of adherence to principles of human rights, ethics, natural justice and
gender sensitivity. Other weaknesses in their work methods are in record keeping and
accountability. LCs emphasize payment of fees for services as opposed to the original
concept of voluntarism and do not apply a common standard of justice as seen from the
varying additional fees charged at their discretion, according to their location.

5.6 CHALLENGES FACED BY JLOS ACTORS IN JUSTICE ADMINISTRATION

The challenges, constraints and setbacks faced by the key JLOS actors, including
the Police, Judiciary, Prisons, as well as the Local Councils included the following:

Table 8: Challenges faced by JLOS institutions

Challenges Factors that explain the
faced nature of challenges faced
Hostile Widespread insecurity; wide
Working scale presence of illegal
Environment arms;
raids and road banditry
Death threats, attacks by
community “Mixing up with
the public is difficult.
Sometimes death threats are
issued against us”.95
Reprisal/ revenge attacks
against witnesses.
The impact of the challenges on the Agency
functioning of JLOS institutions affected
Inability to investigate and get evidence in Police
manyattas/outside towns Probation
High rate of abandonment of duty e.g. Police
RELOKA program; affects sentencing (fear of Judiciary
reprisals); Karamoja posting seen as
punishment
Ltd authority beyond towns “When we effect Police
an arrest of a suspect, we have to literally run
with the suspect to the Central Police,
otherwise our lives and that of the suspect will
also be in great danger”.96 (Police officer,
outpost near Moroto)
Fear to testify in community Judiciary

94
. Interview with Mr. Mr. Abace Abel No. 25250 and Mr. Lobunei Michael Lap 10988, Camp Swahili Police Outpost, held at
Moroto CPS.
95
. Interview with Mr. Namong Nathan, Detective Corporal Moroto CPS.
96
. Interview with Mr. Mr. Abace Abel No. 25250 and Mr. Lobunei Michael Lap 10988, Camp Swahili Police Outpost, held at Moroto
CPS

118
 Widespread ignorance of Delays in reporting crimes/ tampering with Police
formal justice procedures - crime scenes/ victims, failure of witnesses to
“A person who is handcuffed complete reports
and dragged to a police
station, but later found
innocent and so released has
to sacrifice an animal to re-
integrate into the community
because hand-cuffing is
considered to be a
premonition for bad luck
(‘kisirani’)97
Low community literacy, Difficulties in investigation, prosecution, trial Police,
language barriers Judiciary
Dominant, strong traditional Community resistance to JLOS Police
justice system Judiciary
Poor Justice Non-functional chain link Formal system ineffective, case backlog All JLOS
Sector process actors
Coordination
Sector funding not Formal system ineffective All JLOS
rationalized actors
Non-functional chain link Ineffective in the formal justice system All JLOS
process actors
Sector neither innovative nor JLOS not govt. priority/ poorly supported; All JLOS
adaptive to Karamoja Donor preference for Police; No matching of actors
context. capital budget by recurrent budget.
Gap between community and JLOS/ JLOS
programs (e.g. Prisons correctional program);
Prevalence of traditional justice system
Poor referral system to Reduced effectiveness of JLOS/ non- All JLOS
related services or facilities achievement of goals (e.g. prisons actors
(medical/ health, social, rehabilitation goals)
financial).
Human Uganda Police Force has Poor statement recording, investigation, All JLOS
Resource 14,000 for 28 million people drafting charges and irregular court sessions;
gaps/ (ratio of 1:1,880). de-motivated staff, poor law enforcement.
weaknesses Recommended UN standard Police use ill trained, de-motivated LAPS in
is 1:450. December 2003, outposts; low staff morale.
total CID detectives were
2,319, versus 97,181 criminal
cases in the year, giving a
case workload of 42 cases per
detective per year compared
to recommended standard of
12 per year.98 Kotido district
with 6 sub-counties, and a
population of 154,604 had 26
police officers, 83 special
97
. Interview with Okot Zake, Deputy Superintendent of Police, Regional CID North-East held at Moroto CPS
98
. Uganda Police Force (2003) Annual Crime Report, obtained from ttp://www.ugandapolice.go.ug obtained on 27th June 2008

119
 duty, 56 LAPS.
Police prosecutors used as Poor motivation of prosecutors leading to poor Judiciary,
court prosecutors: “I am just service delivery Police
annexed from police it
therefore becomes difficult
for me to make claims (for
transport) to the DPP to
facilitate prosecution work.
Sometimes the CID’s office
chips in but this is limited”.
Judiciary – One Grade I Delay/failure in justice chain & many cases Judiciary
Magistrate for Kotido, lost for failure to prosecute (e.g. last High
Kaabong and Abim. No High Court Session in Moroto in 2004, Chief
Court judges in the whole of Magistrate’s court session in 2007, trials
Karamoja usually done in Soroti/ Mbale); court martial
also delays.
Frequent adjournments, back log of cases,
absence of judicial officers, poor bail
processes.
Prisons – staff: prisoners ratio Poor service delivery Prisons
1:6 vs. ideal 1:3
Poor induction/ support to Poor service delivery All JLOS
manage difficult work
environment
DPP -only 2 RSAs (Kotido, Poor access to justice DPP
Moroto)
Inadequate specialized Poor service delivery Police
personnel:
Police -no ballistics/ hand
writing expert, scene of crime
police officers, family &
child protection officers,
police surgeon, pathologists
Few female professional staff Poor access to justice for women offenders All JLOS
(e.g. 20 women out of 142
prisons staff in sub region)
Use of LAPS –low education Low morale; law enforcement excesses, Police/
(primary level), some lack indiscipline, drunkenness, absenteeism. “I get LAPS
appointment letters, low pay, difficulties using police files sometimes as the Judiciary
delayed salaries (since 2006). quality of the files is poor: some of the people DPP
Ltd funds for administrative manning the front desk may be LAPS. Police
staff (process server, Sometimes I walk to police and draft the Judiciary
cashiers, cleaners, secretaries charge sheet my self”. This leads to
etc). inadequate service delivery
Corruption.
Inadequate legal Delays, absenteeism, bias; Judiciary
representation High fees
Poor Inadequate investigative Inefficiency, ineffectiveness, low morale; Police
Logistical tools/ investigation kits e.g. Filed prosecution of cases;
Support Police- finger printing kits, Miscarriage of justice

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 cameras; poor furniture
including proper record
storage facilities, chairs,
filing cabinets, desks.
Prisons-no carpentry, Poor access to justice by Prisoners Prisons
industrial workshops for
inmates
Few communication tools Poor service delivery All
e.g. phones, computers, inter-
net, radio hand sets
No solar systems for lighting. Poor service delivery All
Inadequate imprest for Poor service delivery All
operational costs and
overheads (e.g. 170,000/- for
each DPC, little cash for
drugs for prisoners - Sick
bays lack basic equipment &
drugs, are run by unqualified
staff, volunteers, prisoners
Communicable diseases, Poor service delivery All
HIV/Aids issues inadequately
addressed).
No ref. library, few/no law Poor service delivery All JLOS
books
Poor Roads, Few vehicles. Kotido district Poor service delivery
Infrastructure has only 1 vehicle yet
& Transport furthest sub counties are over
50 km away.
Inadequate & irregular fuel Ineffectiveness of JLOS actors. Police patrols, Police
supply (Police DPC Kotido community policing, deployment poor as Probation
fuel allocation is 250 litres, “There is virtually no transport for the police Judiciary
CID 100 litres, Special to use to go out and carry out investigations. Prison
branch 50 litres, per month, The only available motorcycle is broken down DPP
and fuel has to be collected and given the level of insecurity it is not
from Soroti, travel uses half secure to use on road. It is also quite difficult
supply. Grade I Magistrates in fact impossible to carry a suspect on a
get Ushs. 160,000/- fuel per motorcycle” (Police constable, Abim district.
month) In Abim prisoners walk to court over 12 kms
away; Rely on local government, NGOs help
for fuel, transport. Delays in cases.
Bad and insecure roads; Inability to deliver services Police
Long distances. Judiciary
Very poor staff housing and Unhealthy and unsafe living conditions, de- Police
living conditions motivating for staff Judiciary
Few government housing Unhealthy and unsafe living conditions, de- All JLOS
units; dilapidated, cramped, motivating for staff. No privacy, dignity for
shared, old quarters/ uniports law enforcement staff
for police/ prisons; no secure
housing for judicial officers.
Poor sanitation & collapsed

121
 sewerage systems
Offices, cells in poor
condition
Inadequate, insecure, old,
unsanitary, condemned law
enforcement premises (cells,
offices, courts)
Use of unsuitable buildings
e.g. uniports for cells, open
community halls for courts,
unwalled prison grounds
No separate facilities e.g.
remand homes for children in
conflict with the law
Young children of female
prisoners share poor living
conditions
Limited Legal Only 6 law firms operate in
Representation sub region, only 2 locally
based, rest are ex-sub region
(Kampala, Mbale, Soroti,
Lira)
State brief ill funded and
unattractive to lawyers
No legal aid service providers
in sub-region
Insecurity e.g. Nakapiripirit has no break- Police,
proof cell; suspects detained in this structure Prisons,
have escaped in past by barrowing out. Judiciary
Overcrowding: By 30 September 2005
Uganda Prison Service had 19,321 inmates
against approved capacity of 9,000
Unhealthy and unsafe living conditions, de- All JLOS
motivating for staff
Prisoners exposed to hot & cold weather Prisons
extremes in uniports;
Prisoners locked indoors most hours for
security (uniports of 31/2 meters diameter
hold average 15 prisoners); Court records,
security and dignity compromised; judicial
process exposed to weather extremes e.g.
wind.
Young offenders exposed to criminals, Prisons
insecure; Children’s rights (food, health,
sanitation, play) abused
Young offenders exposed to criminals, Prisons
insecure; Children’s rights (food, health,
sanitation, play) abused
No legal representation for serious/ other Probation
offenders or civil causes DPP
Judiciary
Prisons
No fair trial, injustices esp. to poor people. Judiciary
Some JLOS officials (& other govt actors) Land
give legal advice Office/
board, LCs,
LG
officials

Recommendations:
 Given that LC officials are elected from within local communities and therefore tend
to be respected opinion leaders in their own right, they pose a viable alternative to the
formal justice system and traditional dispute resolution process in Karamoja. The
legal framework available to LC courts presents a credible, less bureaucratic and
community-owned justice system, which if sufficiently promoted could provide the
missing vital link between an alien formal justice system and an unregulated, fairly
arbitrary traditional justice system.
 There is need to institutionalise checks and balances in the LC justice system to avert
credibility issues arising from insinuations of corruption-laced rulings. An avenue for
such an initiative is presented by the Local Government Act (as amended) which

122
 empowers Local Councils to enact subsidiary legislation in terms of by-laws intended
to streamline their functions.

5.7 OTHER KEY ACTORS WHOSE WORK IS CRITICAL FOR ENHANCING ACCESS
TO JUSTICE IN KARAMOJA

5.7.1 MEDICAL PRACTITIONERS

Interviews with the police, the DPP’s office and the courts pointed to the
significant contribution that medicine and forensics play in the administration of justice.
Doctors have ethical and professional obligations to assist in the administration of justice
particularly in assisting the court on specialist or technical matters within their expertise
by providing expert opinion when cause of death has to be proved, in all instances of
sexual offences, in assault cases where it necessitates the prosecution to quantify and
qualify injuries in an attempt to evaluate the magnitude of damage and or disability.
Examination of suspects is a mandatory requirement in murder cases to determine the
suspect’s state of mind. They also provide health services to prisoners and law
enforcement staff.
A number of challenges were faced by medical personnel in the administration of
justice. These included among others, the following: community ignorance of the role of
medicine in administration of justice and specifically of the significant linkage between
the doctor’s report and access to justice. “The community does not understand this role
and feel it’s just a mere filling of the form. All they want is a signature and stamp
regardless of the need to have a proper medical assessment”. Ignorance and poverty
contribute to failure of victims to seek medical examination in time for evidence to be
obtained, particularly especially in sexual offences. There are weak linkages between
medical personnel and the police as their process of liaison is not well defined, for
example with police inadvertently tampering with evidence by moving a body to hospital
for post mortem before medical examination at the crime site.
Inadequate facilitation often prevents doctors going to the scene of crime thus
affecting expert evidence collection. Some level of corruption also manifests where some
medical personnel are known to demand a fee for the service they provide in filling out
the police forms. Protracted court proceedings and frequent court adjournments are a
major deterrent to many doctors, who would rather not fill out police forms or conduct
examinations in order to avoid receiving summons to appear in court. The adversarial
nature of court proceedings that involves examination and cross examination can be an
intimidating and often combative process that puts to question the competencies of expert
witnesses like doctors, aiming to embarrass and discredit their reports.

5.7.2 THE UGANDA HUMAN RIGHTS COMMISSION (UHRC)

The Uganda Human Rights Commission was established under Article 51 of the
1995 Constitution of Uganda, and its mandate defined in Article 52 of the 1995
Constitution, and includes, among others the responsibility for monitoring government’s
compliance with international treaty and convention which define obligations on human
rights and recommend to parliament effective measures to promote human rights. In
Karamoja, the Uganda Human Rights Commission (UHRC) has been investigating

123
complaints of violation of human rights during disarmament received from local
Karamojong.
The Regional office of UHRC carried out human rights awareness and
sensitisation campaigns focusing on pertinent issues around human rights such as arrest
and detention, torture, as well as broad human rights issues such as the right to life and
other aspects like access to clean water, food etc. Together with Directorate of Human
Rights in UPDF, the UHRC carries out mobile human rights training for UPDF. Issues
covered include: Basic human rights; Right of detained person; Right to freedom from
torture; Right to life; the UPDF code of conduct with relationship to the disarmament
process. This mobile human rights training programme for UPDF was paying off. It has
been discovered that the UPDF themselves did not know they had rights. The UHRC had
received complaints against senior UPDF officer involving tortures from junior UPDF
officers and men.99

5.7.3 THE UGANDA PEOPLE’S DEFENCE FORCES (UPDF)

Restoring Security, Law and Order in Karamoja:

The mission statement of the UPDF in Karamoja is to create a conducive security
environment by disarming Karamojong armed groups as soon as possible in order to
allow peace, stability, development in Karamoja region.100 Without the restoration of
security, it will be difficult for all other JLOS institutions to function effectively in
Karamoja. Many respondents interviewed by the study indicated that the restoration of
security was a pre-requisite for the functioning of JLOS institutions and actors. Insecurity
made it very difficult for the formal JLOS to operate. Without restoration of security, law
and order becomes difficult to restore and access to justice cannot be enhanced. The rule
of law had become difficult to observe due to the proliferation of SALWs that made it
difficult for the presence of the state to be felt in the communities. When people were
using spears as their weapons, law and order was easy to ensure. With guns, chiefs found
it difficult to arrest criminals. The work of the Police became that of class monitors. They
could not arrest or handle cases. The size of the Police cannot match the numbers of
criminals on the sprawl with illegal guns. There were more illegal guns in private hands
than the number of armed Police officer. Not until Karamoja is pacified will other organs
of government function. There is a natural fear. The insecurity in Karamoja makes it
difficult to attract human resources to the region, and to retain those who are in the
district. Only the UPDF takes deployment in Karamoja as a call of duty. In other organs,
the Police, Prisons, Civil Service, they think it is a punishment. No amount of money you
can give to a person can change their mind about working in Karamoja.

Access to Justice Issues in the Karamoja Disarmament Programme:

Since the start of the current disarmament campaign in Karamoja, UPDF had been
playing an overly prominent role in the administration of justice matters in Karamoja.
When the UPDF go for disarmament, they surround a village at night or any time. The
UPDF stopped telling the local leaders because in the past they would alert their people
. Interview with Mr. Anthony Andrua, Regional Human Rights Officer, Uganda Human Rights Commission (UHRC), Moroto
99

Regional Office, held on 7 April 2008

. Interview with Brigadier Patrick Kankiriho, Commander, UPDF 3rd Infantry Division held at the 405 Brigade
100

Headquarters in Nakapelimoru, Kotido on 3 March 2008

124
that the UPDF was coming, and the army would not find any guns. When it comes to
morning, an announcement is made to people not to run away.
After day break, everybody is called to come out. Sometimes, some culprits who
do not want to surrender their guns open fire (like was the case in Akorkeya in Pokot
County). As they come out of their huts, they are told to remove their belongings and
come out will them. They identify their leaders who enter the manyattas with the UPDF.
The searching is done by their leaders in places that are identified by the UPDF. Before
UPDF starts their searching of manyattas, those officers involved in the operations are
first searched to ensure that they did not go in with anything. Whoever has money has to
declare to the commanders, when they come back they are checked to ensure no one was
tempted to steal. Before they leave the area, they are searched again to ensure that they
did not take away anything. Before the army leave the village, the residents are asked to
go back inside and check their properties to identify what has been destroyed or taken
away.
The 3rd Division Commander had issued a directive that every UPDF unit
involved in condone and search has to have a search form, and has to be filled every time
a search is carried out, and if any unit does not have search forms, they should not
undertake any condone and search.101 When cordon and search is carried out, the people
arrested are screened with the help of the Local Councils.

Challenges for enhancing access to justice associated with disarmament in Karamoja:

While the general security situation and the relations between the UPDF and some
communities in Karamoja had greatly improved as a result of not only the government’s
disarmament programme but also civil education and human right awareness campaigns
by UN protection agencies and their CSO collaborating partners, there were still serious
concerns regarding continued human rights abuses. Although the UPDF was doing a lot
of Police work, the army was not handling suspects and the investigation of cases
following recommended procedures.102 A representative of the UPDF observed that when
people are detained for a couple of days, the district local government politicians
complain that the rights of such people are being violated. We end up releasing these
people even when we have evidence that they are actually criminals. There is a problem
of following Police and Judiciary procedures, especially in the way the suspects are
supposed to be arrested and information collected.103
Many local politicians were not helping the process of disarmament at all. Some
of the Karamoja MPs had also been forcefully disarmed over the last few years. The army
has also been recovered very many guns from manyattas where some local leaders have
homes. Many stolen animals have been recovered from kraals belonging to local leaders.
Some local leaders hire guns to warriors to execute inter-clan raids, and the warriors pay
them either in cash or give them some of the stolen animals. 104 Some politicians were
101
. Interview with Lt. Herbert Nomwesigwa, Brigade Counter-Intelligence Officer, 407 Brigade, 3rd Infantry Division, Nakapiripirit
and Lt. Otim Olweny, Political Commissar, 3rd Infantry Division and Representative on the Nakapiripirit District CMCC, held at the
407 Brigade Headquarters, Nakapiripirit on 3 April 2008
. Interview with Mr. Anthony Andrua, Regional Human Rights Officer, Uganda Human Rights Commission (UHRC), Moroto
102

Regional Office, held on 7 April 2008

103
. Interview with Lt. Herbert Nomwesigwa, Brigade Counter-Intelligence Officer, 407 Brigade, 3rd Infantry Division, Nakapiripirit
and Lt. Otim Olweny, Political Commissar, 3rd Infantry Division and Representative on the Nakapiripirit District CMCC, held at the
407 Brigade Headquarters, Nakapiripirit on 3 April 2008
104
. See “1,200 guns recovered from K’jong”, New Vision 18 June 2008, pp. 9

125
giving misguided information about possession of guns in manyattas belonging to their
opponents simply to settle scores.105
Recently the UPDF produced evidence to prove that some local leaders in
Karamoja had been involved in violent armed inter-ethnic cattle raids in Karamoja.
According to the UPDF, the clashes between Bokora and Jie on 2 June 2008, 870 cattle
were rustled and several warriors killed and others injured were coordinated by an LC5
Councillor from one of the sub-counties in Moroto District and an LC3 Chairman of
another sub-county also in Moroto District. During the fight, Bokora warriors lost their
mobile phones and the two local leaders kept issuing commands, not knowing that they
were talking to their enemies. When the phones were surrendered to the UPDF, the two
leaders called to find out how far the warriors had reached.106
In Lokales, Karita, a captain was detained and court martialed for selling
recovered cattle under his custody. This was after 3 cows in his custody went missing and
there was no evidence to suggest that they may have died. It is not yet clear whether they
were sold but they disappeared. The captain was arrested for failing to protect cattle that
where under his custody. Some Local Councils tempt UPDF officers. If say 100 cows are
recovered and put in detaches, several people come claiming to be owners of the
livestock. The Local Councils connive with the commanders to exchange the bulls with
smaller cows. Before cattle are handed over, a Local Government representative has to be
present. Most of the handover functions are presided over by the RDC. The UPDF always
tries to ensure that cordon and search goes as planned, but on the ground, the situation
sometimes takes its own dynamics. The Local Leaders in Karamoja now shun working
with the UPDF during cordon and search because the people who are affected accuse the
local leaders as being responsible for bringing the UPDF to search them. This makes it
difficult for the local leaders to come out openly to work with the UPDF in carrying out
disarmament.107
When animals are raided and footmarks end up in an area, the area where the
animals end up is cordoned, and all animals in the area are confiscated and the people
told to identify the raided animals. Those who were raided come with their LCs, who are
requested to be available, but they also usually exaggerate the number of animals raided.
They end up getting more animals than were raided from them. In return, they give some
to LCs. Those whose animals are confiscated accuse the UPDF of coming with the other
group, yet they were the same people who refused to identify the animals that were raided
and entered their manyattas. When the UPDF disarms the Karamojong, they feel
aggrieved because their guns are their source of income. After we arrest them, we ask for
guns, and when we get the guns we release them. Disarmament certificates are now only
being issued to those who surrender their guns voluntarily. When the UPDF goes for
disarmament, those who you don’t disturb the army, and accept to give up their guns, are
left in the community. It is those who refuse to surrender their guns who are brought to

105
. Interview with Lt. Herbert Nomwesigwa, Brigade Counter-Intelligence Officer, 407 Brigade, 3rd Infantry Division, Nakapiripirit
and Lt. Otim Olweny, Political Commissar, 3rd Infantry Division and Representative on the Nakapiripirit District CMCC, held at the
407 Brigade Headquarters, Nakapiripirit on 3 April 2008
106
. See “Moroto District Councillors named in cattle rustling”, Daily Monitor 17 June 2008, pp. 12
107
. Interview with Lt. Herbert Nomwesigwa, Brigade Counter-Intelligence Officer, 407 Brigade, 3rd Infantry Division, Nakapiripirit
and Lt. Otim Olweny, Political Commissar, 3rd Infantry Division and Representative on the Nakapiripirit District CMCC, held at the
407 Brigade Headquarters, Nakapiripirit on 3 April 2008

126
the detaches. The UPDF also has lists of known criminal, who once they are arrested are
taken to the military court martial.108
Disarmament was supposed to have been a collective effort of several
stakeholders. In the design for cordon and search, local leaders and police were supposed
to be around but they were not always available. The UPDF used to go it alone. All the
Local Councils from LC1 to LC5 fear to tell their own people to give up their guns
because these LCs also still have their guns. Illiteracy was the biggest challenge to
disarmament. The Karamojong thought that they could only listen to their fellow
Karamojong. If a person was arrested, everybody came up to plead for the arrested
person, claiming he did not have any guns. A respondent in the UPDF explained that
interrogated thoroughly, the culprits would produce their guns from their homes.
Recently, the UPDF respondent indicated that a criminal was arrested and one of the area
councillors came to plead for the release of the guy. But before he could even leave the
barracks, the culprits’ gun was brought to the barracks. 109 The Nakapiripirit Brigade has a
Children’s Desk. Matters relating to children’s rights and families are handled by this
desk.110

5.7.4 THE MILITARY COURT MARTIAL (MCM)

The Military Court Martial (MCM) is supposed to enhance to access to justice in

places like Karamoja where people don’t come easily to give testimonies, and where
formal courts are not properly functional, hence making access to justice difficult for
convicts. Cases are supposed to be handled expeditiously by the MCM. The Military
Court Martial goes out to look for evidence from witnesses, and relies on the evidence it
has collected to make judgments. In the Court Martial, there is no time to expose the
person who gave the evidence or testify. The source of the evidence is usually
confidential. The Military Court Martial is not encumbered by the requirement that the
source of the information adduced has to be legal. The Military Court Martial looks at
circumstances upon which a crime takes place and decides wherever to take a suspect. In
the formal courts, a convict has to be imprisoned nearest to where the violation was
committed.
By 2008 there were about 81 prisoners arrested at Moroto prisons who had been
sent there by the directive of the court martial. Some of prisoners interviewed by the
study who were remanded to Moroto Prison by MCM said they never get a fair hearing in
the military court martial. The court environment inside the barracks does not provide a
conducive environment for a civilian to argue his case. The MCM sit in the barracks and
sometimes after they appear in the MCM, some are remanded at the Quarter Guard while
other are transferred to the civilian prison at Moroto.111 Those who are charged before the
Military Court Martial do not get support for legal representation in the Military Court
Martial from outside the UPDF.112
108
. Ibid.
109
. Ibid.
110
. Interview with Lt. Otim Olweny: UPDF Representative on the CMCC Nakapiripirit District, held on 3 April 2008.
. Interview with Mr. Anthony Andrua, Regional Human Rights Officer, Uganda Human Rights Commission (UHRC), Moroto
111

Regional Office, held on 7 April 2008

. Interview with Mr. Lomanio, LC5 Chairperson, Kotido District held on 5 March 2008 at Kotido District
112

Headquarters

127
 Karachunas arrested during the cordon and search and brought before the Military
Court Martial are usually charged for possession of illegal firearms under the UPDF act,
and not under the Fire Arms Act (Cap 299), which contains similar provisions for the
same crime but imposes lesser penalty. Although considered as an unfairness to
karachunas arrested with illegal firearms, the scenario was considered necessary to deal
with resurgent armed violence in Karamoja.113
For being in unlawful possession of arms, ammunition and equipment ordinarily
being the monopoly of the army, armed karachunas make themselves liable for subjection
to military law under section 15(1)(i) of the Uganda Peoples’ Defence Forces Act (Cap.
307). For illegally possessing and trafficking in arms and ammunition, as well as carrying
out raiding activities, the Karamojong commit an offence of failing to protect war
materials, for which they commit an offence, and are liable, upon conviction, to suffer
death (Section 33[1][2]). If however, armed karachunas are convicted in a civilian court,
they would be charged under S3 (1) and (2) (a) of the Fire Arms Act (Cap 299) for being
in unlawful possession of firearms and ammunition without a valid certificate. Many of
the armed Karachunas have ended up with long sentences, including imprisonment for a
period between 7 and 10 years and a maximum sentence of life imprisonment if
convicted and sentenced by the Court martial, while if they had been convicted and
sentenced under the civilian courts, the maximum sentence would be a term of
imprisonment not exceeding 10 years.

5.7.5 THE CIVIL-MILITARY COORDINATION CENTRES (CMCC)

Civil-Military Coordination Centres (CMCC) were intended to mend the

relationship between the community and the UPDF by contributing to safeguarding the
human rights of the population. CMCC in Karamoja, which have representatives from the
Uganda Human Rights Commission (UHRC), the Police, the UPDF and the Civil
Society, carry out community sensitization and human rights monitoring after the UPDF
has carried out ‘Cordon and Search’ Operations in an area. CMCC identify cases of
human rights violations and document them. They also cause the mediation between
conflicting parties, where they can not handle cases; they refer them to the Regional
Office of the UHRC in Moroto. The CMCC has also handled many cases which they
have referred to the Police and Probation Office. They act as information point for the
population but also other partners dealing with human rights issues. Work with the Police
when doing community sensitization for crime cracking.114
The work of the CMCC in enhancing access to justice has in the interim been
rendered more critical in teaching the people and the UPDF about their rights and the
rights of each other. The current relationship between the UPDF and the community are
characterised by mutual suspicion. Those who go to report raids are instead detained, and
asked to produce the guns they have (FGD, Bokora Youth, Moroto District).
CMCC would have achieved their objectives if they had sufficient financial
resources. They lack resources to do outreach. The members of CMCC have to sacrifice
most of the time. They go out without any funds. When you here there is a problem
113
. Interview with Major Moses Agaba, Director Human Rights, UPDF General Headquarters held on 8 April 2008 at the 3rd
Infantry Division Headquarter, Moroto
114
. Interview with Mr. Ochen David Aleper, Programme Officer, Uganda Human Rights Commission (UHRC), Kotido Office, and
Coordinator, Kotido Civil Military Coordination Centre (CMMC) held on 6 March 2008

128
somewhere whether against the UPDF or against the local community (including
children), the CMCC come in and talk to the people. They go out sometimes to talk to the
people before cordon and search, that when they see the UPDF, they should not open fire
because when they do, the UPDF retaliates, making it difficult for the UPDF to achieve
their objectives. The communities are taught that if they rights have been violated they
have to report before the UPDF live the area. They also educate the people to tell the
warriors to stop laying ambushed on civilian vehicles. They also tell the people to take
their children to school.115
When CMCC receives serious cases of human rights abuses, they are referred to
Moroto, which sends an investigating officer and a report sent to Kampala, and by the
time the UHRC is ready to proceed to a tribunal, many people lost interest. Some
complainants die before their cases have been resolved. The processes take too long.116
CMCCs have a program that informs them what should be done. UPDF
representative talks about army issues while the Police representative talks Police issues.
CMCC educate people about many things beyond disarmament and tell them about the
need to grow crops when they can. Karamojong believe that boys should look after cattle
and girls are a source of wealth. They also educate people about HIV/AIDS by
discouraging them from raping women when they go to some communities. Continued
sensitization is essential for the CMCCs. CMCCs have created good opportunity for
developing good relationship, between the UPDF and the civilians. As a result of the
work of CMCCs, many conflicts are handle amicably without having to go to courts of
law. Some groups of people look at CMCCs as civilians, some local leaders have
negative views about Human Rights – the traditional justice system are against Human
Rights to tell them to let the law to take its course is seen as against traditions. People
think CMCCs interfere with the family rights especially in case where they handle cases
of divorce, separation between husbands and their wives. They educate women about the
rights of children in cases of divorce is bad. Even in the forces some officers and men of
the UPDF think CMCCs undermine their military operations especially if issues of
Human Rights are mentioned.117
People believe that when a case comes to CMCC, a sentence should be passed
and yet CMCC only registers cases and advices where to take the cases. As a result some
people lost confidence in the CMCC. It will be difficult to marry the traditional justice
system and the modern justice system. The traditional way of justice is crude. It violates
human rights. It will take time to marry the two. The only way is to sensitize the people
about human rights and the law and send children to school. People need to be sensitized
on what needs to be done to protect their rights, their cattle and their land. They think that
they can best do it if they have guns. They need to be told that they need don’t need guns,
and can do it better without guns.
Locals have a mistaken belief that the CMCC deals with those who are opposed to
the disarmament. People who bring information to the CMCC want the CMCC to
facilitate them and give them some money. They prefer CMCC to look at issues that are
deemed to affect their rights only but not to look at what they are doing which affects the

115
. Interview with Lt. Otim Olweny: UPDF Representative on the CMCC Nakapiripirit District, held on 3 April 2008.
116
. Interview with Mr. Christopher Ogwang, Uganda Human Right Commission (UHRC) Liaison Officer, Abim, and
also in charge of the Abim Civil-Military Coordination Centre (CMCC), held on 10 March 2008
117
. Interview with Lt. Otim Olweny: UPDF Representative on the CMCC Nakapiripirit District, held on 3 April 2008.

129
rights of others. Since CMCC started they have never reached Karita. 118 When civilians
bring information about torture by the UPDF and the Police, most of the time, they never
come back to follow the case. They don’t bring witnesses. Many cases end up at
registration only and no follow up is made by the complainants. 119 There is need of a lot
of sensitization of the people. Due to the work of CMCC, the people are beginning to
gain some confidence in the JLOS institutions. 120 People who have complaints fear to
come to CMCC. People are used to quick actions. The people don’t understand why
police wants to investigate after a person kills another. “The Karamojong don’t
understand why they investigate the truth”. 121
The majority of the cases that had been handled by the Nakapiripirit CMCC by
the end of March 2008 were mainly maintenance cases. These included the following:
Maintenance for separate wife and children by man who married another woman. 122
Maintenance is a problem among separated couples who had been cohabiting and had
produced children from their relationship, but whose welfare education and maintenance
is not catered for by their parents.123 A 17 year old boy filed a case of maintenance and
education against his biological father who separated with his mother.124 Nakapiripirit
District had not yet recruited a Probation Officer, so maintenance cases were referred to
the Community Development Officer.
At the CMCC office in Abim, there were no serious complaints of human rights
abuses reported against the UPDF because there were major disarmament operations in
Abim. Since the Abim CMCC office opened in 2006, no complaint against the UPDF had
ever been registered. The majority of the complaints were against the Police, and
involved: Torture; denial of rights of speedy trials and infringement on personal liberties.
There were many cases against Special Police Constables and some against Police from
the central Police at the district.125

5.7.6 DISTRICT AND SUB-COUNTY LOCAL GOVERNMENTS

The district and sub-county local governments play a limited role in supporting
the monitoring and supervision of the activities of the JLOS actors within the local
governments. This is largely due to limited resources available to the local government
whose activities are funded through central government conditional and non-conditional
grants. Locally raised revenues were still very limited. The local governments can play a
118
. Ibid.
119
. Ibid.
120
. Interview with Lomongin John, Nakapiripirit CMCC Civil Society Representative; Otim Kasimiro, Officer in-charge,
Nakapiripirit Police Community Liaison Office, and member Nakapiripirit CMCC, held at Nakapiripirit CMCC Office on 3 April
2008.
121
. Ibid.
122
. See Napeyok Leya (complainant) vs. Lomilo Augustine (respondent) NKT/03/2008 opened 04 July 2008. Subject: Maintenance,
in Case File, Nakapiripirit CMCC Office
123
. See Compliant No. NPT/02/2007 Moon Alice (complainant) vs. Lokiru Simon (respondent). Ref. NPT/02/2007 opened
11/09/2007. Subject: Maintenance, in Case File, Nakapiripirit CMCC Office on 3 April 2008. See also Lowalen Margaret
(complainant) vs. Onyang Peter (respondent). Ref. NKT/01/2008 opened 21/01/2008. Subject: Maintenance, in Case File,
Nakapiripirit CMCC Office
124
. See Compliant No. NKT/04/2008 Lolem John Bosco (complainant) vs. Sub-Mg Korobe William (Respondent) Ref: NKT/04/2008
opened 18/3/2008. Subject: Maintenance and education, in Case File, Nakapiripirit CMCC Office on 3 April 2008).
125
. Interview with Mr. Christopher Ogwang, Uganda Human Right Commission (UHRC) Liaison Officer, Abim, and
also in charge of the Abim Civil-Military Coordination Centre (CMCC), held on 10 March 2008

130
positive role to enhance synergy in order to improve access to justice and administration
of law and order, especially through supporting the functioning of the JLOS actors. The
offices of the Chief Administrative Officers in various districts were usually instrumental
in facilitating the work of the Police, magistrates and Prisons.

5.7.7 DISTRICT LAND OFFICES AND LAND BOARDS

Although District Land Offices and District Land Boards are non-JLOS
institutions, as government administrative agencies, they handle disputes, and were
therefore considered as critical in enhancing access to justice. These offices in much of
Karamoja were functional, although poorly facilitated. Most of the land disputes were
being handled by the Local Councils and the elders. In the past, some cases were brought
before the Land disputes. Following the disbanding of the tribunals, most the cases will
end up with the magistrates.

5.8 ACCESSING JUSTICE FROM MBALE AND SOROTI HIGH COURTS: EMERGING
ISSUES

5.8.1 THE STATUTORY LAWS UTILIZED IN HANDLING CASES FROM

KARAMOJA

A member of the study team scrutinized all the cases files in the Mbale and Soroti
High courts and after analyzing both cases found out that advocates, magistrates and
judges often use and refer to statutory laws applied in every part of Uganda to cases in
and from Karamoja. In criminal cases, the following statutory laws were applied: The
Penal Code Act; the Trial on indictment decree; the Constitution of the Republic of
Uganda, 1995; the Evidence Act; the Criminal Procedure Code Act; the magistrates
courts Act; the judicature Act Cap; the fire Arms Act, 1970; the UPDF Act.
On a number of cases especially sexual offences, judges referred to a book
entitled Smith and Hogan Criminal Law 8th Edition.126 Case law from other parts of the
Country were also often referred to in criminal offences committed in Karamoja by the
people of and/or from Karamoja. The following case laws (among others) were
mentioned in different cases handled at the High Court in Soroti and Mbale: Uganda vs.
Onyutta Charles (1995) I KALR 74C; John Kayibanda vs. Uganda (1976) HCB 253;
Uganda v Acero George (1996) II KALR 96; Chilla & Another vs. R (1967) EA; Uganda
vs Opio Richard (1986) HCB 19; Bassitta Hussein vs Uganda SC.cr.APP No.35 of 1995;
Uganda vs Alfred Akuku (1974) I KALR 14; Uganda vs Darcd Mukasa & Anor (1976)
HCB 86; Uganda vs. Kayanja Kizito (1994) 11 KARL 113.
In Election petitions both statutory law, case law and the authority of authoritative
text books are referred to in cases from Karamoja. Statutory laws referred to included the
following: The constitution of the Republic of Uganda 1995; the local Government Act
and it’s amendments; the Electoral Commissions Act no. 3 of 1992; the National
Assembly (Elections) Act No. 11 of 1964. A number of cases were referred to, including
the following among others: Mbowe vs. Ehutoo (1967) EA240; Bater vs. Bater (1950)
2ALL ER; Element K. Tibarokora vs. Returning Officer Rukungiri East Constituency;
126
. See Uganda vs Modo Lolem HCT-CR-Ses. Bo.001 of 2001; Uganda vs Omong Charles – HCT-04-CR-SC 0091/2001; Uganda vs
Taban Juma – HCT-04-CR-SC0010/2001; Uganda vs Lochul Francis ACT-04-CR-SC-0012/01

131
Francis Kasuru Misc. cause petition No. MKA 1/81; Enock K, Babirifayo vs Returning
officer, Mbarara South constituency. M.P.; Kavuma A Ogola vs. Ahika Othieno
Emmanuel, Election Petition No. 2/96; Ayena Odongo K.C. vs. Ben Wacha and
Returning Officer Apac, Election Petition No. 2/96; Aleko Okia Charles vs. Returning
Officer Kumi District and, the interim electoral commission election petition No. 3 of
1996; The Returning officer, Kampala and 2 others vs. Catherine Naava Nabagereka
Civil APP No. 39 (A) (B) and (e). Bura vs. Sarwatt (1967) EA 234. The following text
books were referred to in election petitions: The Halsbury’s Laws of England Vol. 14, 3 rd
Edition Para 513 at page 288.
In civil cases, both statutory law, statutory instruments, subsidiary legislations,
case law and text books were always referred. The following statutory laws and
instruments were referred to: The civil Procedure Act; the Evidence Act; the contract
Act; the Employment Act; the Advocates Act; the Law Reform (Misc-pro) Act; the
Succession Act; the Land Act; the Civil Procedure and Limitation (Misc. Prov) Act Cap.
72; the Advocates Act; the Magistrates Court Act. The Statutory Instruments referred to
included the following: The civil procedure Rules S.171-1; the Advocates (Remuneration
and Taxation of costs) Rules; the Court fees Rules (1998) as amended. Case laws referred
to in Civil cases varied from case to case, by the following were commonly mentioned:
Halsbury’s laws of England; Doctrine of Equity and Good conscience; East African cases
on Torts; Gatley on Libel & Slander (8th Edition) Usufield and Jolowicz on torts.
This was contrary to held views in some circles in and outside Karamoja that not
much effort had been made in the formal justice system to apply the laws of Uganda to
offences committed by people of and from Karamoja. It also goes a long way to show
that in order to improve the quality of justice provided in Karamoja, courts have to be
properly equipped with adequate reference materials (as elsewhere in other parts of the
country where the judiciary is properly functioning).

5.8.2 CASES FROM KARAMOJA HANDLED BY HIGH COURTS IN MBALE

AND SOROTI

There were no records showing cases registered or decided in 2008. Between

1998 and 2007, a total of 62 criminal cases, 5 election petitions, 9 civil cases; 3 criminal
appeals and one (1) criminal revisional cases were analysed. It was clear from the onset
that the main type of cases/issues from Karamoja were criminal in nature; civil cases
were second and election petitions were third. Criminal appeals and revisional orders
were few.

Table 9: Types of cases from Karamoja handled by the High Courts in Mbale and
Soroti between 1998 and 2007

Types of Cases Number of cases Percentage

1. Criminal Cases 62 77.50
2. Civil Cases 9 11.25
3. Election Petitions 5 6.25
4. Criminal Appeals 3 3.75
5. Revisional Criminal 1 1.25
Cases

132
 TOTALS 80 100

An analysis of 62 criminal cases showed that the offences most committed from
Karamoja handled by the High Courts in Mbale and Soroti ranged from attempted rape,
murder, robbery, defilement and attempted defilement. At the Mbale High Court alone, a
total number of 44 criminal cases were registered and completed between the years 2001
and 2004, as follows: 6 cases in 2001; 8 cases in 2002; 12 cases in 2003 and; 18 cases in
2004. Between 2005 and 2007, all criminal and civil cases including those that had been
registered in Mbale High court were transferred to the High Court Soroti circuit, after it
was operationalised and granted independent jurisdiction to handle all cases from
Karamoja. Since the creation of the Soroti High Court circuit, no High court criminal
session has ever been held in Moroto to handle criminal cases. Cases from 2005 to-date
have not been handled. In total, a number of about 19 files have been committed to the
Soroti High Court and were pending trials. 10 files had been committed in 2005; 6 files in
2006, and; 3 files in 2007.
The study team analysed how many cases were registered for five most common
offences from Karamoja registered at the Soroti High Court between 2001 and 2007, and
are summarised as follows:

Table 10: Total Number of Cases both completed and committed for both Mbale
and Soroti High courts

Number of registered cases TOTAL

Nature of Offence 2001 2002 2003 2004 2005 2006 2007 CASES
Murder 2 5 4 6 6 2 2 27 (43.5%)
Defilement 3 2 4 10 4 3 1 27 (43.5%)
Rape 1 1 1 - - 1 - 4 (6.45%)
Robbery - - 1 2 - - - 3 (4.8%)
Attempted murder - - 1 - - - - 1 (1.6%)
Total No. of cases 6 8 11 18 10 6 3 62 (100%)

An analysis of the above offences showed that defilement occurred as often as

murder (43.5% of all offences committed from Karamoja) between 2001 and 2007,
followed by rape (6.45%), then robbery (4.8%) and attempted murder (1.6%). Attempted
murder was the least committed offence. In a nutshell, it is worthy noting that the main
cases in Karamoja are criminal cases, out of which murder and defilement dominated the
frequent occurrences. Election petitions and other civil cases do not appear to be serious
issues for concern to the people of Karamoja.

5.8.3 AVAILABILITY AND ACCESSIBILITY OF SERVICES

The analysis for both criminal and civil cases specifically shows that people from
Karamoja do not enjoy and access justice as is the case with most parts of Uganda. In
terms of availability of services most especially those offered at the High Court level, the
availability is only to a limited extent. Capital criminal offences handled by the High
Court are tried in Moroto which is far from other parts of Karamoja. The distance of

133
Abim from Moroto and Kaabong to Moroto is about 200 kms. High Court last held its
criminal sessions in Moroto in 2004 and since then, plans for another session have
remained pending. Usually High sessions in Moroto are presided over by the resident
Judge in Soroti. At the Soroti High Court, financial constraints were identified as the
limitation to the holding of Criminal High Court sessions in Karamoja. A staff at the
Soroti High Court said: “The problem is beyond our capacity to handle. We always make
requisitions for funds to hold criminal sessions in the entire High court circuit, but the
centre keeps telling us that the money available is not enough to run the entire Soroti
circuit. Under such circumstances, our hands are tied. You see the problem of Karamoja
is that you need money not only to facilitate the judge and the crew but also for
advocates on state briefs”.
In civil cases only those who have the capacity to afford transport, filing fees
(court fees) and legal fees access High Court Services. 127 Services are more accessible in
cases where magistrates have jurisdiction. In appeals especially criminal Appeals, people
who can afford the filing fees, court fees and services of Advocates can appeal to the
High court which is always readily available in Soroti.128 The above implies that in terms
of accessibility, the High Courts at both Mbale and Soroti have not been fully accessed;
or rather, not easily accessible to the people of Karamoja. This is both in terms of
distance to the courts and costs involved in accessing High court services. Even those
who have been able to access have done so because of their financial capacities and due
to the value attached to cases at hand.129
In terms of distance, High Court premises are quite far from most parts of
Karamoja. Both Mbale and Soroti where High Court premises are based are between 200
and 300 kms from the farthest part of Karamoja (distance from Kotido to Soroti is
approximately 250 kms and from Mbale is about 350 kms). Costs of transportation of
witnesses from anywhere in Karamoja to Soroti High Court are on the high side for the
ordinary citizens of Karamoja. This seems to be the reason why most cases are dismissed
on account of want prosecution.130 Poor people find it difficult to file civil suits that only
the High Court has jurisdiction over, which undermines access to justice as guaranteed by
the constitution.
It needs not much emphasis to state that to enhance access to justice for the
people of Karamoja would require bringing the High Court services near to the people of
Karamoja and/or increasing the frequency of High court services in Karamoja.

127
. See for example: HCT-04-CV-0022 of 2002; HCT-04-CV.CS.0023 of 2002; HCEP No.0016/06. HCT Civil suit No. 002 of 2005;
HCT-04-CV-CS-008/2005 etc
128
. See case of Longole Jonathan vs. Uganda – HCT-CR-CR APP No.0012 of 2006
129
. See for example the five (5) election petitions, Viz; HCT ED No. 002/01; HCT EP No. 0003/01; HCT EP No. 0008/01, HCT EP
No. 0001/1998 and HCRP No.0016/06 respectively
130
. See for example case no. HCT-04-CV-CS-008/2005) Anyakun Charles vs Lomilo Joseph

134
5.8.4 QUALITY OF JUSTICE AVAILABLE TO THE PEOPLE FROM KARAMOJA

To understand whether the people of and from Karamoja enjoy quality of justice
services available at the High Courts in Mbale and Soroti, the study team considered the
fairness of the trials, speed of disposal of cases; the outcome of the trial and others. The
speed of disposal of cases was found to a greater extent, to be slow with some scores of
normal case disposal speed. In terms of free trials or preliminary proceedings the courts
took relatively longer before the accused were committed to the High Court for trial, let
alone the time the High court took to reconvene in Moroto for criminal sessions.
Our calculations showed that the average time suspects spent on remand before
committal to the High court was about 14 months. 131 The average time taken on remand
after committal to the time of trial and completion of the case before appeals was about
26 months, which was considered to be above normal. This scenario does not however
apply in election petitions that have a legally stated time frame for completion and the
civil cases that some times may take a more shorter or longer period. Longer periods of
time taken on remand negatively impacted on the accused persons and especially those
who had ever been acquitted or charges against them withdrawn. 132 This in the long run
affected the quality of justice administration.
Similarly, the long remand periods went along with adjournments that were
protracted in a way. The average adjournments made from criminal cases analysed was
about 15 adjournments per case, out of which 80% were always for reasons of non-
completion of inquiries in time; 5% due to file being with Resident State Attorney for
perusal; 10% being that the police file was not in court; 2% being that the file was up for
mention.133
On the other hand, inconsistencies in the record of proceedings especially in the
magistrates courts tended to undermine the quality of administration of justice by the
courts of law. In certain cases, the magistrates fixed cases to be adjourned or remanded to
a certain date but would take one to two months without either having the accused
produced in court. Sometimes they neglected to put it on record for that purpose.134
An analysis of the charge sheets and record of proceedings of lower courts
showed some contradictions which suggested poor quality of administration of justice,
where the arresting and investigating officer and the accused or complainants themselves
were involved. This was from the time the offence is alleged to have been committed,
time of arrest of the accused and the date the accused is produced in court. In certain
cases, the accused would take 10 days in police without being produced in court and
sometimes 4 months from the time of commission of the alleged offence to the date of
charging the accused person.135 What was however confusing for the study team was
whether the date the charge was preferred against the accused was the same day he was
arrested. This dilemma ought to be addressed in order for one to determine whether
131
. See for example cases of Uda vs Omong Charles HCT-04-CR-SC-0009/2001; Uganda vs Taban Juma – HTC-04-CR-SC-0010-
2001; Uganda vs Lolem Modo-HCT-04-CR—SC-001 of 2001
132
. See case Uda vs Omong Charles; Uganda vs Okidi Joseph
133
. See records of proceedings of lower courts obtained from Mbale and Soroti, and which will be filed with the Legal Aid basket
Fund.
134
. See records of proceedings of lower court – Uganda vs Mondo Lotem (supra)
135
. See HCT-04-CR-SC-0001/2001 – Uganda vs Omong Charles

135
accused are detained in police cells for more than 48 hours before production before the
courts of law.
The legal framework within which the courts operate is derived primarily from
the Constitution of Uganda, Acts of Parliament as supplemented by relevant subsidiary
legislation and applicable case law. The study as earlier observed noted that the legal
terrain in Karamoja operates in an exceptional environment dominated by famine/
drought and insecurity, and is characterised by a high crime rate – both capital and minor
offences, social and land disputes. A profiling of the recorded cases inter alia
highlighted the following legal issues: murder, assault, theft, defilement, land disputes,
social/ marriage disputes, and maintenance and custody of children.
The foregoing legal cases can be categorised under the following broad areas of
law – criminal law, law of domestic relations, and land and property law. Each of these
in the context of Karamoja is discussed below:

5.8.5 ANALYSIS OF THE VARIOUS LEGISLATION BEING APPLIED IN

KARAMOJA

The legal framework within which the courts operate is derived primarily from
the Constitution of Uganda, Acts of Parliament as supplemented by relevant subsidiary
legislation and applicable case law. The study as earlier observed noted that the legal
terrain in Karamoja operates in an exceptional environment dominated by famine/
drought and insecurity, and is characterised by a high crime rate – both capital and minor
offences, social and land disputes. A profiling of the recorded cases inter alia
highlighted the following legal issues: murder, assault, theft, defilement, land disputes,
social/ marriage disputes, and maintenance and custody of children. The foregoing legal
cases can be categorised under the following broad areas of law – criminal law, law of
domestic relations, and land and property law. Each of these in the context of Karamoja
is discussed below;

The Constitution of Uganda:

The constitution provides the broad framework for the respect of human and
property rights; the equality of all Ugandans before the law, and provides the foundation
for the establishment of institutions to oversee or otherwise regulate the observance of the
above fundamental rights and principles. Within the present context, it does provide for a
legislative body to enact principle legislation as well as the judiciary to implement
enacted laws. Within the executive function prescribed therein, the constitution does
establish rights promotion bodies like the Uganda Human Rights Commission, Police,
Prisons, Directorate of Public Prosecution and the Local Government regime – as key
players in the enforcement and protection of legal and human rights in Uganda. The
national army the UPDF is also established to guarantee the security of Uganda’s borders
and interior. From our analysis, the following are key to note:

 The Constitution gives a general legal framework for the administration of justice in
Uganda. It does not prescribe the methods for achieving the goal of equal access to
justice. Such prescription is often at the instance of the relevant constitutional bodies
that, like many institutions in Uganda, are faced with insufficient staff, inequitable

136
 staff remuneration and limited capacity to fulfil their mandate, as cited in previous
discussions.
 In the case of Karamoja, the security issues the region is faced with include external
threats (raids ) from the Turkana and Pokot communities of Kenya, and the Toposa
from Sudan, as well as an influx of small arms in the larger north-eastern Uganda,
north-western Kenya and south Ethiopia and Somalia areas. This presents cross
border / state sovereignty issues that are largely beyond the jurisdiction of national
institutions prescribed in the Ugandan Constitution.
 The Government has no overall policy on conflict resolution and peace building.136

Recommendations:
 There is need for a more holistic, approach to access to justice issues in Karamoja
sub-region. The PRDP/KIDDP offers this chance and therefore the implementation of
these two frameworks should be supported further more interventions that are
designed to promote access to justice should also factor in cross border programmes
bringing on board the governments of Uganda, Kenya, Sudan and Ethiopia
 The Government of Uganda could consider establishing an institution to oversee the
realisation of such a critical concern in the area. The Amnesty Commission focuses
on amnesty after the event, therefore is not suited for Karamoja; there is need for a
policy to spear head conflict prevention in the first instance.137

Criminal Justice System:

The criminal justice system in Uganda is primarily governed by the Penal Code
Act that defines criminal offences and prescribes penalties, including the Magistrates
Court Act, Trial on Indictment Decree and Criminal Procedure Code Act which outline
the procedure entailed in criminal prosecutions. The application of these laws is
complemented by alternatives to the formal penal justice system which promote
alternatives to imprisonment or incarceration. Furthermore, in the case of petty crimes,
the formal justice system is supplemented by a parallel LC justice system. In Karamoja
as the study affirms the formal justice system operates alongside an elaborate traditional
justice system that is founded in the communities’ cultural practices. From our analysis,
the following are key to note:

 The prevailing formal criminal justice system does not adequately address the unique
circumstances prevailing the Karamoja in terms of the cross border/sovereignty
issues; the communities’ cultural practices and norms, and the reluctance to embrace
practices that are alien to recognised cultural norms.
 Karimojong has lagged behind tremendously in terms of institutional, socio-economic
and infrastructural development (in part owing to the prevalent insecurity and
marginalization), and as such has emerged as a fairly closed society that is hesitant to
embrace change.
 The laws and government policies have not adequately conceptualised and addressed
the causes of conflicts and insecurity, nor have they conceptualised peace beyond
being an anti-thesis of conflict. Conflicts in Karamoja have evolved from utilisation

136
. Issues paper on Conflict Resolution and Peace Building Policy for the Government of Uganda, legal policy component 2006.
137
. Supra

137
of crude weapons like spears to the complex usage of sophisticated weapons in the
struggle to access scarce resources like pastures and water.

138
Recommendations:
 There is need for legal reform in the area of the pacification of Karamoja, with the
enactment of subsidiary legislation to address the specific issues presented by the
region.138
 The definition and perception of conflict and peace-building should be revisited with
a view to reconciling the Karamojong traditional and cultural practises with the
national legal, socio-economic and political dispensation.139
 Aspects of the Karimojong traditional justice system like some of the principles
embodied in the Ekokwa should be considered as an alternative dispute resolution
measure, and the possibility of its institutionalisation and/ or legalisation should be
given some consideration.

Domestic Relations Issues:

Domestic/ social relations and property law issues constitute a significant portion
of the conflicts that feature in Karamoja. The domestic relations, child maintenance or
custody, and inheritance issues that continue to plague Karimojong are governed by the
Marriage, Divorce and Succession Acts of Uganda. However, owing to the close inter-
relation between Marriage, Divorce and Child custody in Karamoja (like most Ugandan
communities), domestic relations disputes are often resolved using a traditional/ cultural
approach rather than the formal legal regime. From our analysis, the following are key to
take note of:

 The predominant and exclusive application of the Karimojong traditional justice

system in the resolution of family disputes especially in the villages has greatly
impeded on the human rights of women and children given the patriarchical
orientation of the Karimojong culture.
 Contrary to international treaties on Women and Children’s rights, the Karimojong
traditional justice system does not factor in the welfare of both women and children.
 There is a pending Domestic Relations Bill that could be utilised to harmonise the
formal legal regime with Karamojong traditional practice. This could enable
community ownership and acceptance of the new law.

Recommendations:
 Given the LCs proximity with their electorate community, and the fact that despite
their limitations they have registered a few success, JLOS stakeholders could consider
promoting the LC justice system over the Karimojong traditional system as an interim
measure, albeit with some improvements on the LC system.
 The perspective of the Karimojong with regard to domestic relations should be
harmonized into the proposed Domestic Relations Bill to the extent possible.

Land and property law issues:

Owing to the scarcity of arable land for cultivation and cattle grazing, the study
noted that trespass to land and other breaches to property rights are a fairly rampant
occurrence in Karamoja. Unfortunately, cattle rustling/ theft, road ambushes and

138
. Ibid
139
. Ibid

139
thuggery aggravate the prevalent insecurity problem in Karamoja and pose a continuous
threat to any development attempts as well as access to justice interventions in the area.
The land law regime compounds the problem with its emphasis on certificates of title as
the only legal proof of land ownership. The relevant laws in this regard are the Land Act
and the Registration of Titles Act. From our analysis, the following are key to take note
of:

 The land tenure system in Karamoja is characterized by loosely held ancestral

communal land with no attempt to formalize land ownership as by law provided.
 Forceful acquisition of land by government for reserves and recently for exploitation
of natural resources has left many Karamojong communities destitute.

Recommendations:
 Given communities’ sensitivity to land ownership issues since most land in Uganda is
perceived as communal land and therefore owned as of right, there is need for
government to appreciate that Karamojong livelihoods relies on a transhumance
approach that promotes mobility over sedentary approaches.
 While it may not be possible in very near future to draw the Karamojong away from
the current construct of pastoralist livelihoods, government and other JLOS
stakeholders should not exclude them from accessing credit facilities to support their
livelihoods as well as promoting other alternative sources of livelihoods.
 Increased attention should be paid to promotion of education and ensuring higher
enrolment and retainment rates of children in schools both male and female that in the
long run will shift Karamojong dependence on livestock.
 The concept of development, peace and the duty to keep the peace should not be left
only in the law books. It should be placed and institutionalised in school/academic
curriculum. Schools should be used as the medium for peace education. This will
necessitate the revision and modification of the academic curriculum so that peace
education is deliberately introduced in schools.140
 Mechanisms for dialogue between government and victims of conflict should be
institutionalized in the legislative framework and should be facilitated.141

Restraining Acquisition, Possession and Use of Fire arms by Civilians:

The prevalence and sustainability of conflict (and, as a consequence, the
disruption of peace and peace-building efforts) is premised primarily on the acquisition
and use of small arms as the instruments of violence. These instruments, in their pre-
modern forms (spears, etc.) and modern forms (guns, etc.) have fuelled conflict in
Karamoja. There exist various pieces of legislation that address and seek to restrain and
penalize the acquisition and use of weapons/armaments. These include the Penal Code
Act (Cap. 120), Explosives Act (Cap. 298), Firearms Act (Cap. 299) and the Uganda
Peoples Defence Forces Act (Cap. 307). From our analysis, the following are key to take
note of:142

140
. Ibid
141
. Ibid
142
. Ibid

140
 The Penal Code is largely post-mortem, penalizing criminal acts that jeopardize peace
or occasioning conflict after the criminal act has occurred. Therefore, as a legal
response to the conflicts/insecurity in Karamoja, it has not been very fundamental in
conflict resolution.
 The penal law on cattle rustling has not brought an end to cattle rustling a source of
conflict and insecurity in Karamoja and its neighbouring districts.
 The application of the Firearms Act and the UPDF Act has not fully deterred the
illegal possession of unlicensed firearms in Karamoja.
 The viability of the Firearms Act as a legal response to preventing and penalizing
acquisition and possession of weapons by the Karamojong resolution is not tenable.
The Act seems suited for dealing with isolated or low levels of illegal arms
acquisition by, say, common criminals, e.g. robbers. It is therefore ill-suited to deal
with the problem of trading and trafficking in small arms in, the Karamoja sub-
region.143

Recommendations:
 A more comprehensive legislation on the acquisition, possession and use of weapons
should be enacted. The legislation should address the acquisition, possession and use
of firearms, explosives, etc. as well as trafficking and trading in weapons (especially
small and light weapons) and should be within the context of the international legal
regime (treaties, UN resolutions, etc.) as such legislation can not be enacted divorced
from prevailing international legal developments. The enactment of the proposed
Firearms, Ammunition and Explosives Act should be speeded up.144
 There should be harmonization of disarmament efforts at the regional level. The
government should collaborate with other states in the region (particularly in the
Great Lakes) to implement inter-governmental protocols and involve regional
initiatives e.g. IGAD and EALA.145
 The government should provide adequate incentives to youth/karachuna and
individuals who voluntarily surrender their fire arms. While this has been
institutionalised in the KIDDP it should be done in a timely fashion.

Roles of the police and the UPDF:

The Constitution recognizes and creates the UPDF, the Uganda Police, as well as
the roles and functions of these forces. The discipline of the UPDF and Police in
Karamoja is significant in ensuring access to justice and, to that end, the Code of Conduct
contains provisions on military-civilian relations and disciplining of soldiers who cause
injury/harm civilians (as non-combatants).146 From our analysis, the following are key to
take note of:

 In spite of the provisions on military-civilian relations, there have been instances in

which the human rights of civilians have been abused and violated during isolated
incidents or during disarmament operations.

143
. Ibid
144
. Ibid
145
. Ibid
146
. Ibid

141
 There are concerns from various communities over the slow and or bureaucratic
responses of the police and the UPDF during raids.

142
Recommendations:
 There should therefore be a vigilant application of the army code of conduct and the
police standing orders as disciplinary measures.147
 There should be a quick reaction force (both in the police and UPDF) that can react
quickly to situations of emergency, insecurity, etc.148
 The police and the UPDF armed forces should be involved in more civil/non-military
humanitarian work/activities (e.g. delivery of social services, provision of
infrastructure, etc.) to bridge the gap and for confidence building between the
community and the security forces (and ultimately government).149

Internally Displaced Persons (IDPs):

A large section of communities in Abim district have been displaced as a result of
insecurity. The National Policy for Internally Displaced Persons provides for institutional
arrangements, roles and responsibilities in the protection, management and assistance to
IDPs. From our analysis, the following are key to take note of:

 The IDP policy is a commendable effort to address the situation of internal

displacement as result of insecurity. Although IDPs and IDP camps have existed for
much of the past two decades amidst the difficulties in terms of insufficient amenities,
Abim district has not greatly benefited from this legislation as attention is more
focused in other parts of the North. It is therefore evident that the existing approaches
to the IDP situation in Abim should be supported and facilitated with sufficient
resources.

Recommendations:
 IDP’s in Abim should be supported.

Table 11: Suggested JLOS Sector by Sector Improvements

UGANDA POLICE:
Area for Nature of Improvement Estimated
Improvement Budget
Infrastructure
Police stations and  Rehabilitate and properly fence all central police stations include DPC’s
office office (Moroto, Kotido) including better cells for women, men and
accommodation children in temporary custody
 Construct and fence central police stations in Nakapiripirit, Kaabong and
Abim towns. including better cells for women, men and children in
temporary custody
 Construct and fence police regional office in Moroto
 Construct and fence ASTU regional office
 Construct and fence X number of police outposts in X sub counties in all 5
districts
Police housing/ staff  Rehabilitate and fence, Moroto police barracks and out posts to
accommodation accommodate expected surge. (details attached)
 Construct and fence staff housing in Kotido, Abim, Nakapiripirit, Kaabong
Staffing

147
. Ibid
148
. Ibid
149
. Ibid

143
Recruitment and  Recruit and deploy x number of general duty police officers in Moroto;
deployment Nakapiripirit; Kotido; Abim; Kaabong
 Recruit and deploy x number of CID police officers of various ranks from
ASP in Moroto; Nakapiripirit; Kotido; Abim; Kaabong
 Recruit and deploy x number of CFPU police officers in Moroto;
Nakapiripirit; Kotido; Abim; Kaabong
 Recruit and deploy x number of community liaison police officers in
Moroto; Nakapiripirit; Kotido; Abim; Kaabong
 Recruit trained medical personnel in all central police stations
Training  Refresher courses for CID staff, FCPU,
 Train former LAP’s
 Training on human rights, gender, children’s rights and pastoralism
Incentives  Hard ship allowance for all police officers in the region
 Rectify LAPS whose names were deleted from payroll and have not
received salaries from 2006
HR management  Standardize number of years staff stay in the region
(periodic transfers)
Logistics and Equipment
Vehicles  3 vehicles per district
Motorcycles  A motor cycle per unit and one for each outpost
Bicycles  X no of bicycles per district
Communication  X number of equipment Per district
equipment
CID investigation  X number of equipment Per district
equipment
Uniforms  Proper uniforms including police boots for X number of police per district
Office equipment  At least one computer per unit for all 5 districts
(computers, and  At least one typewriter per unit for all 5 districts
generators)  One generator for each central police station
 Office supplies and stationary
 Photocopiers
Office furniture and  Office furniture for all units in all districts
filing cabinets
Medical supplies  Essential drugs provided to all central police stations / barracks
 Essential drugs provided to all out posts
 HIV/Aids care and prevention at all central police stations (counselling,
ARV’s etc)
Radio and media  Support community liaison office media programmes in radio Karamoja
programmes and other community programmes
 Support CFPU media programmes in radio Karamoja
Maintenance fund /  Fuel
operational costs  Vehicle and equipment maintenance
THE JUDICIARY:

Infrastructure
Court premises  Construct and fence court buildings in Kotido, Nakapiripirit, Abim,
Kaabong
 Equip all districts with well stocked legal libraries (see annex for details)
 Support establishment of at least one functional mobile court per district to
enable kraals to access judicial services
Accommodation for  Construct and fence secure accommodation / staff houses in Moroto,
Judges, magistrates Kotido, Nakapiripirit, Abim, Kaabong
and judicial staff
Staff recruitment  Deploy a high court judge to Moroto
 Deploy one chief magistrate to Moroto

144
  Recruit grade I Magistrates for Abim, Kaabong and Nakapiripirit.
 Fill up all support staff positions in all districts ( see annex for details
includes translators)
Staff training  Refresher courses for staff (Magistrates and support staff) including
training on gender, pastoralism and human rights
 Support upgrading training for existing grade II’s
 Train at least 3 elders as Court Assessors for every Grade I and Grade II
Magistrates Court to integrate traditional justice principles
Incentives  Hard ship allowance for judicial staff
HR management  Standardize staff length of time in the region.
(periodic transfers)  Frequent inspection of courts
Equipment and logistics
Vehicles  One vehicle per district
 One vehicle for the judge
 One vehicle for chief magistrate
motor cycles  One motor cycle per district
computers, and  At least two computers per district for all 4 districts
generators  At least one typewriter for all 5 districts
 One generator for each district
 Two computers, generator for judges and CM office
 Office supplies and stationary
 Photocopiers
Office furniture and  Office furniture for all districts
filing cabinets
Maintenance fund /  Fuel
operational costs  Vehicle and equipment maintenance
COMMUNITY SERVICE PROGRAMME (ALTERNATIVE TO INCARCERATION )

Equipment and logistics

Vehicles  One vehicle per district
Motor cycle  One motorcycle for each district
computers, and  One computer for each district
generators  At least one typewriter for all 5 districts
 One generator for each district
Office furniture and  Office furniture for all districts
filing cabinets
Media programme  Support to x number of radio and community sensitization programmes
Maintenance fund /  Fuel
operational costs  Vehicle and equipment maintenance
DPP’S OFFICE

DPP’s office  Construct and fence DPP’s office premises in Kotido, Nakapiripirit, Abim,
premises Kaabong
Staff  Construct and fence secure accommodation / staff houses in Moroto,
accommodation Kotido, Nakapiripirit, Abim, Kaabong
Staff recruitment  Deploy RSA in Moroto and Kotido
 Deploy prosecutors in Kaabong, Abim, Nakapiripirit
Staff training  Refresher courses
Incentives  Hard ship allowance for DPP staff
HR management  Standardize staff length of time in the region.
(periodic transfers)  Frequent inspection of DPP’s office
Equipment and logistics
Vehicles  One vehicle for RSA’s
Motorcycles  One motorcycle for 5 districts

145
computers, and  One computer and generator for each district
generators
Office furniture  Office furniture for all districts
filing cabinets
Maintenance fund /  Fuel
operational costs  Vehicle and equipment maintenance

THE INSPECTORATE

Staff training  Refresher courses including on gender, pastoralism

Maintenance fund /  Fuel
operational costs  Vehicle and equipment maintenance

THE LAW COUNCIL

Staff training  Refresher courses including on gender, pastoralism

Maintenance fund /  Fuel
operational costs  Vehicle and equipment maintenance

UGANDA PRISONS

Office premises  Rehabilitate/ construct and fence modern prisons facilities in Kotido,
Moroto and Abim.
 Construct prisons facilities in Kaabong
 Construct a women’s section in all districts.
 Construct and equip clinics in all districts for both staff and inmates
Staff  Construct and fence secure accommodation / staff houses in Moroto,
accommodation Kotido, Nakapiripirit, Abim, Kaabong
Staffing
Staff recruitment  Recruit / deploy more female staff in all districts
 Recruit and deploy medical personnel in all prisons
 Recruit rehabilitation specialists and counsellors
Staff training  Specialized refresher courses for staff including on human rights, gender
and pastoralism
Incentives  Hard ship allowance for prisons staff
HR management  Standardize staff length of time in the region.
(periodic transfers)  Frequent inspection of prisons
Equipment and logistics
Vehicles  One lorry for each district
 One pickup for officers in charge in all districts
 One pickup for the Regional office
Motor cycles  One motorcycle for each district
computers, and  Two computers and generator for each district
generators  At least one typewriter per unit for all 5 districts
 Office supplies and stationary
 Photocopiers
Communication  Purchase communication equipment for all Prisons and regional Prisons
equipment Commanders Office
Uniforms  Provide uniforms for prisoners
 Uniforms / boots for staff
 Clothing for children
Prisoners beddings  Provide adequate beddings for inmates especially women section with their
children.
Care for female  X number of Sanitary towels

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inmates and children  X number of underwear
with incarcerated  X cartons of bathing and washing Soap
mothers  X litres of milk and baby feed
 X number of mosquito nets
Office furniture  Office furniture and filing cabinets for each unit in all districts
filing cabinets
Rehabilitation  Re tooling prisons workshops
programs  Adult education
Recreational  Indoor and out door games
facilities
Medical supplies
Medical supplies  Essential drugs provided to all prisons facilities with regular supervision
from MoH
 Reproductive health care for prison staff and inmates
 Child health care and nutrition ( immunisation etc)
 HIV/Aids care and prevention at all prisons (counselling, ARV’s etc)
Maintenance fund /  Fuel
operational costs  Vehicle and equipment maintenance
 Food for prisoners with special diet for children

COMMUNITY DEVELOPMENT OFFICE (PROBATION)

Staffing
Staff training  Specialized refresher courses for staff including on human rights, gender
and pastoralism
Equipment and logistics
Vehicles  One vehicle for each district
Motor cycles  X number of Motorcycles for all CDO’s and probation officers
computers, and  One computer and generator for each district
generators  At least one typewriter for each sub county for all 5 districts
 Office supplies and stationary
 Photocopiers
Office furniture  X number of filing cabinets and office furniture per sub-county for all 5
filing cabinets districts.

The study also recommends an up-scaling of support for chain link meetings and
related activities in all the districts as such a forum would detect and device strategies to
address the weak points/linkages within the chain. Expanding this forum network to
include active participation of CSOs will help to widen the scope of actors involved in
improving access to justice. A specified cost for this should be set aside per month. JLOS
secretariat should put in place a monitoring mechanism with adequate funds to track
outcomes of chain link meetings and other programmes. On the other hand JLOS should
boldly tackle the various negative attitudes and issues undermining joint collaborative
efforts.
Interviews with JLOS actors revealed that a number of JLOS agencies if provided
adequate facilitation have the potential to undertake and provide both primary and
secondary legal aid services. The need to boost legal aid provision as one of the strategies
to improve access to justice would be largely achieved if JLOS actors are supported to
provide this service. The following agencies and their respective units are already
providing legal aid services albeit in an adhoc manner.

147
Table 12: JLOS Actors Providing Legal Aid
JLOS Agency Primary legal Aid Secondary legal Aid
Police:
CFPU Legal advice to victims who come to Community legal
them and referrals awareness
Community liaison Legal advice to community and As above
referrals
DPP Legal advice
Prisons: Warders and Head Legal advice to inmates
of station
Courts: Judicial staff Legal advice to either party
Probation Office: Legal advice to women and children Community legal
and referrals, mediation, negotiation. awareness

6 THE ROLE CIVIL SOCIETY ORGANISATIONS IN ENHANCING ACCESS

TO JUSTICE IN KARAMOJA

This chapter examines the roles being played by CSOs and the private sector in
Karamoja, and whether they have any relationships with JLOS actors, and where it exists,
the extent to which the relationship has had the desired effect of fostering the envisaged
role for CSOs or private sector.

6.1 THE NATURE AND CONTRIBUTION OF CIVIL SOCIETY IN KARAMOJA

6.1.1 EXISTING CSO PROGRAMS RELATED TO ACCESS TO JUSTICE

There is a range of actors, albeit limited in number, outside government agencies

operating in Karamoja, whose activities have a bearing on access to justice, directly and
indirectly. These non-state actors broadly categorised as Civil Society (CS) included
Non-governmental Organisations (NGOs), Community-based Organisations (CBOs),
Faith-based organisations (FBOs), and business associations. All CSOs interviewed were
unequivocal about the need for both primary and secondary legal aid, and some even
envisaged or had plans to introduce particularly secondary legal aid such as paralegal
training. Most NGOs welcome the idea of a legal aid program and said they would be
willing to participate or collaborate.
No national LASP currently operates in Karamoja but CLA – a very new
organization in the region – said it was doing legal aid work in the region. It has a few
advocates and a governance structure with respected senior citizens on board. Its records
indicate it handles various clients’ legal problems. As a new organization, it still has to
develop acceptance in the community, and it says it faces challenges regarding sensitive
cases involving security agencies. Community development offices/ probation
departments were found to be doing legal aid in some districts like Abim (with no legal
training but using a manual on community work from Ministry of Gender). Various
CSOs were undertaking interventions on broader justice issues (some Civil and Political
Rights, Economic, Social and Cultural rights, and group rights but mainly indirectly).

148
CSOs had programme and projects on peace or livelihoods issues and with links in the
communities.
Many CSOs in Karamoja like Caritas, COU, OXFAM, KOPEIN, KAPDA,
MONARLIP, POZIDEP, IRC already have programs that address peace and justice, and
development, some using a rights based approach, many not yet having capacity to do so
but having an interest to do so. There is an opportunity to partner with these CSOs
especially the FBOs, NGOs and INGOs – indeed many are willing to work with such a
program or incorporate access to justice issues into their programs. Embedding access to
justice issues into programs on peace and development is important as access to justice
should be introduced in a way that is relevant to the people and where they can see direct,
tangible benefits or relevance. Many key informants stressed that the Karamojong have
no interest in ‘theoretical programs’ where they do not see the direct relevance or benefit,
and the model of programs like Kids League with direct, tangible benefits to children is
preferred. They also are suspicious of outsiders’ motives. Additionally, the entry of new
organizations focused on research and consultancy such as SALDO offers opportunity for
partnership to have professional services such as research and documentation on access to
justice issues.

6.1.2 CHARACTERISTICS OF CIVIL SOCIETY ORGANIZATIONS IN

KARAMOJA

The character of the Civil Society organisations (CSOs) encountered varied from
one district to another. Civil society includes independent development actors that are
non-governmental organizations and are non-profit making, and organizations or
associations of profit-making entities that are also independent of government and are
ordinarily referred to as the private sector. Karamoja has been characterized by chronic
insecurity and political instability. Because of these two factors there is low institutional
presence including civil society organization. The oldest, original district Moroto which
is now the sub-regional headquarters has a greater number and more diversity of CSOs
than the other districts in the sub-region. The newest formed districts (Abim and
Kaabong) have the least number and variety of CSOs.
The types of actors operating in the Moroto sampled were non-governmental
organizations (NGOs) whose entry to Moroto ranges from 1979 (as emergency relief) to
early and mid-2000's; International Non-Governmental Organizations (INGOs) entering
the district between 1994/5 and 2006 and International Governmental Organizations,
mainly UN agencies; community based organizations and associations (CBOs); faith-
based organizations (FBOs). Other include: CSO networks which are either sub-regional
networks or representatives of national networks, and two very new law firms both set up
by the same lawyers from the sub-region, one of which was a private law firm in Kotido
and one of which is a Legal Aid Service Provider (LASP) based in Moroto. Faith based
organizations are the oldest and most established in the sub-region, some like the
Catholic church dating as far back as 1938 others like the FBO network from 2001.
Besides the development actors there are private sector entities. There are few
consultancy firms, a few professional and trade associations, some limited liability
companies and a private media enterprise (radio station) – most of which set up in the last
two years, except the radio station which was 2003. None of the national LASPs have

149
offices or programs in the sub-region. Government agencies handling land matters are
District Land Boards (DLB) and District Land Offices (DLO) as District Land Tribunals
(DLT) were disbanded by government. Three of the organizations in the Moroto sample
(MKL, IRC and Save the Children in Uganda SCU) are district or regional offices of
national organizations with their headquarters in Kampala. For the first two, significant
decisions including fundraising are made at the national level, while Save the Children in
Uganda, Moroto office appears to have more autonomy and authority within the sub-
region. Most of the rest of the organizations are based at district level.
Kotido has a relatively robust CSO sector, mainly of development CSOs. The
sample had several FBOs from different denominations, district and international NGOs,
and a regional network (not interviewed). Some of the CSOs have or had regional
oversight of district offices in Abim or Kaabong which were initially part of Kotido
district. There are some CBOs and community associations that link to some of the
NGOs and FBOs. The FBOs play a significant presence in the district and indeed one of
the key NGOs began as an inter-faith project. The sample included the-then chair of the
now disbanded district land tribunal and some of the few private sector associations i.e. a
traders association, a private consultancy firm, and a law firm.
In the other more newly formed districts, most of the CSOs apart from FBOs are
fairly young, small organizations. For example, the organizations active in Kaabong are
largely small district-based NGOs. One originated as a CBO under peace program of a
Kotido based INGO and has transformed into an NGO. There are no LASPs or law firms.
There are a few CBOs including women’s local community associations but it was not
possible to meet them. There is a private sector association. The other organizations in
the relatively new district handling issues related to access to justice are governmental
agencies or structures, some autonomous, like district land board and multi-sectoral
human rights committees (CMCCs).
In Abim the largest presence of non governmental agencies working in
communities is FBOs under the Church of Uganda and Catholic Church (Caritas). The
FBOs have a long history in the district going back decades before Abim district was
hived off from Kotido. CARITAS closed its offices in Abim for some years due to unrest
and a mob attack on it, and has not yet scaled up its presence in the newly re-opened
office. There are also some district NGOs working in Abim that report to Kotido district
as their regional office. Some CBOs and women’s groups operate at community level
with links to district NGOs. A private sector association exists and seems to be relatively
active. It is headed by a district councillor. The District Community Development Office
is active in community affairs and overlaps into justice issues.
Nakapiripirit is relatively young district created in 2006. The few CSOs in the
district are largely district programs of sub-regional or national organizations. They have
little autonomy and key decisions are made in their headquarters. One FBO sampled set
up in 1992 and decentralized in 2001 is a sub-office and development arm of the diocese
of Karamoja to which it reports; the NGOs include the district office of a national NGO
with regional links (Kenya) managed from Kapenguria and Kampala, another is a
community association founded by local professionals in 2004 supported by an NGO;
and the third is a pilot project and department of an NGO operating in Kampala since
1997 which rolled out to Karamoja in 2007. The private sector association is not active

150
and no private firms exist. There are some community based associations linked to
district or sub-regional CSOs.

Table 13: Sample of CSOs interviewed in Karamoja

TYPE OF ABIM KAABONG KOTIDO MOROTO NAKAPIRIPIRIT
ACTOR
Net works  None  None Kotido NGO  MONARLIP,  MONARLIP,
Forum* (FBO network of (FBO network of
Pentecostal, Pentecostal,
Muslim, Catholic, Muslim, Catholic,
Church of Uganda) Church of Uganda)
 RIAMIRIAM  RIAMIRIAM
(NGO network) (NGO network)
NGO  ADRA/  DADO  KOPEIN  KADP  Youth Alliance
KITENE  KAPDA (originally  KRPC Karamoja
P FBO  MADEFO (2003)  ACTED,
network)  SALDO (2007) Nakapiripirit
 Church of  Centre for Legal  Nakapiripirit Kids
Uganda Assistance League
 Kotido  Moroto Kids
Diocese League
 ADRA/
KITENEP
FBO/ FBO  Caritas  Caritas  Caritas  Social Service  POZIDEP
department Kotido Kotido Kotido Department (SSD)
Catholic Catholic Catholic of Moroto Catholic
Diocese Diocese Diocese Diocese
 Church  KACHEP,
of Diocesan Health
Uganda Coordinator of the
 Kotido Catholic Diocese
Diocese  MONARLIP
 Church of
Uganda*
 MAZIDEP*
International  None  None  OXFAM  Save the Children  None
NGOs Uganda
 IRC
Media  None  None  None  Radio Karamoja  None
2003
Trade  Abim  Kotido  Kotido  Moroto Private  Nakapiripirit
Association Private Private Traders Sector Private Sector
Sector Sector Association Development Dev’t Forum*
Dev’t Dev’t (KOTA) Forum
Forum Forum*
Law Firms  None  None  Okuku &  Centre for Legal  None
Co. Assistance (LASP)
Advocates
Consultancy  None  None  Business  SALDO  None
Firms Skills Trust

151
CBO  (Exist)*  (Exist)*  (Exist)*  (KISIP,  (Exist)*
 KAWUO
 Others)*
* Unable to interview for various reasons.

6.1.3 MANAGEMENT AND GOVERNANCE ISSUES IN CSOS ENCOUNTERED

Using the sample of CSOs from Moroto district which has the largest number and
range of organizations as an example, most of the organizations in Karamoja have a
standard structure with two or three organs, that is, a Board of Directors and Secretariat.
Some are membership organizations and in addition to these two organs have a General
Assembly. Very few have a fourth organ, a Board of Trustees. These structures are
uniform even for the FBOs which are departments or programs of religious entities or set
up as NGOs or networks founded by religious entities.

Figure 2: Governance and management structure of Moroto CSOs sampled

General Assembly/ Members

(National office Kla) -MKL, IRC, SCU

(Board of Trustees)

(Regional office) - SCU, FBOs

Board of Directors

Secretariat/ Management Coordinator/District office: NGOs, some

CBOs

Field staff/ Community groups

Apart from the INGOs and FBO departments, the CSOs operating in Karamoja
are small in size with a skeleton staff typically two to five staff including one or two
support staff. FBOs and INGOs are much larger. Most are donor supported, though some
are supported by local government, mainly with NUSAF or NAADS funds. Some CSOs
have only one funder while others have a wider funding base. A comparison of those in
Nakapiripirit for example shows the variation:

Table 14: Management and Governance issues in CSOs encountered in

Nakapiripirit
Type of Human Assets Funders Autonomy
organization resource base
FBO  10 salaried  Owns land, one  DANIDA, DCA,  None but regional
staff vehicle, well ECHO, govt (Kotido) makes key
equipped office programs decisions & manages

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 (NAADS) via funds centrally
regional office in
Kotido
Community  Small paid  Rented office  One donor i.e.  Independent but
association staff local govt dependant on
 Members (NUSAF) &
(Volunteers) supported by
national NGO
Pilot project/  Small paid  Rented office,  UNICEF  None but national office
department of staff Children’s (Kla) makes key
national NGO sports decisions & manages
equipment funds
District branch  Paid staff  Rented office  National office  None but national office
of national (Kla) & regional office
NGO (Kenya) make key
programming decisions
& manage funds

6.2 CSO PROGRAMS AND LINKS ESTABLISHED TO ENHANCE ACCESS TO

JUSTICE

The programs of CSOs in Karamoja fall broadly in the two areas, both of which
are linked to development: (i) peace building and conflict transformation; (ii) livelihoods
support on the other hand. The programs of CSOs cover the following thematic issues:
governance and human rights; governance and conflict transformation; leadership
training; peace building, conflict prevention, management and mitigation; sustainable
livelihoods, health and production, support for viable income generating activities;
HIV/AIDS education and information. In implementing these programmes various links
have been established with a wide range of actors at various levels to enhance access to
justice. Links have been established with the following, among others:

6.2.1 GRASSROOTS COMMUNITIES

6.2.1.1 THE NATURE OF COMMUNITY STRUCTURES ESTABLISHED BY CSOS

CSO programmes at the grassroots target a wide range of actors within the
communities through their highly participatory approaches. For many of the CSOs, the
groups targeted such as the elders, women, diviners and warriors are integrated into not
only their program activities (as targets for change) but also in their delivery strategy (as
the agents for the delivery of the interventions). The identified target groups in the
communities undergo training and sensitization and are involved in varying degrees
depending on the organization in designing, planning, implementing or monitoring the
program of the CSO. The local populations targeted by the programs are usually
equipped with skills like peace monitoring and leadership. They are also usually
enlightened on their human rights (and the rights of others) and how they can be
safeguarded. In this way, many of the programs contribute to empowerment of
communities and access to justice even where they are not explicitly interpreted in terms
of the latter. Few CSOs use a rights based approach but more make explicit linkage
between their work and access to justice.

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 Many NGOs and FBOs have extensive community level links through structures
like committees, community centres, associations, activity-based groups or focal points
which they have supported communities to set up at village, parish, sub-county or district
levels. Local people are incorporated as peace activists, trained volunteers or educators.
Some NGOs have consciously incorporated women into such structures/ committees but
some like some FBOs have not. The organizations focused on youth and children also
link to schools. The community structures are a basis for social consciousness raising,
mobilization, planning, monitoring and implementation of activities. The only LASP in
the region also cited community networks.
The targets for incorporation into community structures are traditional leaders or
institutions like elders’ forums, diviners, kraal leaders. These have more authority in the
community than ‘modern’ leaders like LCs and politicians. In fact, the findings instead
indicate the latter (LCs, elected leaders) typically derive their authority from the
traditional opinion leaders, particularly in the rural areas. The existing trained volunteers
may be available to participate in access to justice and legal aid programs, subject to
agreement with the particular CSO and the community workers themselves. The
consistent message from key informants was that any new program should adopt a
community designed, led and based approach, community cantered curriculum (livestock
based), and a practical results-oriented strategy to succeed in Karamoja.
Additionally, some of the CSOs with a history of working closely with
communities have built up the confidence of the communities in them, and could be a
bridge into the communities, if a legal aid program is built, which partners with them
particularly for the secondary legal services such as sensitization, training and research.
Although the number of CSOs operating in Karamoja is rather limited, some of the
FBOs, NGOs, and INGOs have relatively wide coverage in terms of geographical area
and could be tapped. Even for those which focus on one community (as with many CBOs
or smaller NGOs) those with community structures down to grassroots level (village and
parish) provide similar opportunity to connect to the communities.
Many NGOs, FBOs (and their networks) have developed community sensitive
strategies and tools (materials, manuals, roles, centres, design) for design, entry and
management of programs. There should be no rushed entry into Karamoja and time has
to be taken to develop community acceptance before beginning. For example, SCU took
one year to consult with local structures like elders in order to design the ABEK program
and identify specific entry points and approaches including setting up ‘Elders Village
ABEK committees’. The Catholic nuns running the Moroto diocese’ health service uses
PRA to understand community priorities and manage relations with the community
better. This is essential as time spent at the start will yield dividends later. It is also
essential to minimize risks and avoid costly, possibly fatal mistakes.

Table 15: Analysis of community structures and strategies of FBOs and NGOs

Levels Groups targeted Community focused processes & approach

 District centres  Elders
 Sub County centres  Women
 Parish Centres  Opinion leaders
 Village Centres  Youth (female & male)
 Activity/ economic groups
 Community planning methodologies e.g.
 Catholic nuns: PRA, SCU: ABEK
longitudinal studies
 Community selects members
 Program built around local issues & interests

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  Diviners i.e. peace, livelihoods
Examples  Catechists Caritas:
SSD  Health workers  peace, security & development, water/
 Peace agents, 6 groups sanitation
SCU SCU:
 209 ABEK 30 ECDE Examples  ABEK curriculum livestock management
(pilot) KAPDA: ADRA:
IRC  Traditional leaders  Disarmament, gender justice
 30 parish representatives YAK, MKL, NKL:  Information packaging -local language,
MADEFO:  Schools pictures, local issues like gender violence
 4R focal PSR KADP  Use of local structures-elders, diviners, kraal
 Per parish & VDCs,  Animal health workers leaders, women, karachuna, ingadewan
(Volunteers) & associations, women goat  Building community capacity: peace,
Community field groups, cereal banking livelihoods, justice, rights, organizing.
Assistants (Sub county) groups, elders’ councils,  Tangible support/impact e.g. KOPEIN:
 VDCs meet weekly Karachuna, Ingadewan. restitution for stolen cows, education
MONARLIP Caritas sponsorship, reduced conflict
 peace teachers  karachuna, women, MKL/NKL:
 120 in Moroto diviners, fortune tellers  children & schools sports equipment, sports &
KAPDA: MONARLIP play opportunities
 Paralegals, peace  Diviners, Kraal Cultural FBOs:
monitors Judges, Leaders, Nurses  health services
YAK: ADRA: ACTED Nakaps:
 Peace clubs in schools  Parents  road access
SCU YAK:
 Village, sub-county,  brick making, tailoring, poultry (youth
district centres - elders, livelihoods)
women, local leaders OXFAM:
SSD  relief, agricultural, water services
 15-20 persons per group – MADEFO:
Men few youth & few  monitoring skills
women ADRA:
 skills training
SCU:
 education
KADP:
 Agricultural services
KOTA:
 Better treatment from local authorities,
traders’ legal knowledge

6.2.1.2 STRUCTURE OF BUSINESS ORGANISATIONS

Business oriented organizations on the other hand, like private sector associations,
firms and the radio station are less invested in community organizing or voluntary
activities. The sole radio station has high user fees that most NGOs and CBOs cannot
afford. The private sector associations are focused on the supporting their membership
drawn from economic sectors like trade in their respective business interests. KOTA, the
Kotido Traders’ Association for example, lobbies local government on district policies,
bye laws and actions affecting traders. The membership of the private sector

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organizations tend to be more exposed, including education and travelling for trade, on
average wealthier than the general population and also have in their ranks a concentration
of local political, administrative and opinion leaders so they have some access to and
influence over decision making in their districts. There is no apex private sector body in
the sub-region as yet but at the time of the study five district private sector associations
existed and were in the process of forming a sub-regional one i.e. Karamoja Private
Sector Association.
Both development and private sector organizations have structures that could be
useful channels for access to justice work or delivery of legal aid programs to the
business community.

6.2.2 LINKS ESTABLISHED WITH ACTORS IN THE JLOS

The limitations on access to justice and the extensive gap in means to improve
access, including the huge gap in legal services is itself an opportunity. Despite the
pervasiveness of the traditional justice system and weakness of the modern JLOS, the
local population encounters the latter and the modern state, and in that encounter,
requires modern legal services. There are also shortcomings in the traditional justice
system, in particular for weaker social groups like women and children which create
space for engagement with actors in the formal justice sector in order to enhance access
to justice programs.
In the narrow sense of the concept of access to justice, especially in terms of
promoting availability, accessibility and quality of administration of JLOS, it was evident
to the study team that a few CSOs in Karamoja were directly engaged with issues that
contribute to enhancing access to justice. Take the example of Save the Children in
Uganda, and its support to alternative basic education for pastoralists’ livelihoods and
community policing (Box 1 below).

Box 2: Community Policing: Save the Children In Uganda

Save the Children in Uganda (SCU) has its main program focus on children. It pioneered the
ABEK program which improved access to education for children in pastoralist communities
(SCU has 200 centres with 49,000 children enrolled) through an innovative strategy based on
extensive community consultations and involvement in design and management of the program,
and uses flexible hours and a curriculum built around pastoralist livelihoods that has direct impact
(e.g. better livestock management) which the community can relate to and appreciate. By
improving access to education for children, SCU will have a long term impact on the status of its
target group and their rights. In addition, in relation to injustices observed in the community such
as early marriage, defilement, theft and physical child abuse SCU is introducing a child rights
program in Nakapiripirit and community policing in Moroto, Kotido, Nakapiripirit and Kaabong
(its program targets pastoralist communities) to increase the number and improve facilities at
police posts so the community can access them more easily. To support access to justice it will
also empower LCs and elders with information on issues like violence against children and
women.

The JLOS itself does not have any apparent strategy for engaging CSOs within
the region. In the material context of Karamoja as a pastoralist community with its

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attendant development gaps, insecurity, natural environment and socio-cultural situation,
CSOs face severe constraints in their ability improve access to justice. This challenge is
partly related to the lack of capacity, particularly human and material resources for legal
and human rights work, which justifies the need for more programs to support access to
justice.

6.2.3 LINKS ESTABLISHED WITH POLITICAL AND ADMINISTRATIVE STATE

ACTORS

Some CSOs interface with government agencies such as the security

organisations, local governments, as well as representatives of the state in the districts
such as the Resident District Commissioners (RDCs), the UPDF and others. Such
linkages are necessary to enable the CSOs to positively influence the operational space
given the armed conflict/insecure context. The willingness of these CSOs to interact
enhances opportunities for constructive engagement with the state. For example, with its
extensive development experience in livelihoods and social justice around
marginalization of land rights, the links that KADP had established with the state and
local governments enables it positively influence the discourse on sustainable pastoral
livelihoods in its areas of operation.
In fact, KADP’s advocacy strategy for a pro-pastoral development policy has
enabled the effective mobilisation of community structures such as Community Land
Association groups that have been at the forefront for advocating for realistic land
reform. Sensitisation and awareness on issues of land registration, land rights, armed
conflicts and international human rights has increased leverage for engagement in peace
building by CSOs in Karamoja.
Many CSOs in Karamoja such as KADP that have programs on peace building
and human rights articulate issues of access to justice through which they play an
intermediary role or act as interlocutors between local communities and the state to
further justice and rights protection. In undertaking peace and justice work, such CSOs
engage with government structures and agencies at various levels. Engagement with
government is less problematic for organizations that focus more on services and capacity
building than advocacy and rights monitoring. Some organizations have been able to
access funding from government programs like NAADS and NUSAF to support their
work.

Table 16: Examples of engagement to promote access to justice

ORGANIZATION JUSTICE ISSUES CSO PROGRAMS ACCESS TO JUSTICE ROLE
Matheniko  Human security  Livestock, health  Advocacy to Moroto local
Development Forum  Raids & production, government, UPDF, DISO re.CIDT
(MADEFO), Moroto  Disarmament HIV, Access To  Monitoring CIDT by UPDF,
related violence Markets (ATM), communities
(CIDT)  Human rights and  Representing CSOs on district
 Poverty peace building Security Committees
 Limited basic (human rights focal  Sensitisation
social services person at parish,
(e.g. health ) village , sub
county)

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  Support inter –
ethnic dialogue and
peace training
DADO  Free movement  Human rights  Advocacy to Kaabong local
(Kaabong)  Food security education government on CIDT,
 CIDT  Sensitization
 Right of election
Caritas, Kotido  Marriage and  Justice and Peace,  Mediating between communities &
Diocese domestic Democracy and UPDF /government re. CIDT,
(Kotido, Kaabong, violence Human Rights,  Advocacy - linking security to
Abim)  Human security Functional Adult external defence against external
and CIDT Literacy raiders,
(disarmament  Rights sensitization – plans to train
and raids) paralegals
POZIDEP  Rights abuse  Peace building  Campaigns against disarmament
(Nakapiripirit) during  Rights based abuses
disarmament approach to  Networks with district and security
 Impact of raiding development organs (DISO and UPDF)
on vulnerable  Peace trainings for security agencies
groups  Networking with CSOs through
RIAMIRIAM (civil society network).
 Cross border linkage with Kenyan
NGOs

It is evident from the above interventions that less through programs directly
engaging JLOS actors and more through programs aimed at strengthening protection of
the human rights of the local population, as well as programmes aimed at improved
governance, a number of CSOs are making a contribution to access to justice. However,
these CSOs face numerous constraints in the contextual environment. CSO key
informants complained that when CSOs involve local authorities in their (CSO) programs
the CSOs are expected to facilitate local government officials (with fuel and allowances)
even though the CSO activities may be related to development programs which are
budgeted for by government, and were in the first place supposed to have been
implemented by the local governments. Some government officials viewed CSOs as a
problem rather than development partners. Some CSOs do network with local
government or MPs (e.g. involve them in programs, have them on their boards) and a few
with UPDF or international/ Kenyan NGOs especially those doing peace work.
Government actors are generally suspicious of CSOs (e.g. their work on disarmament);
others are accused of trying to ‘squeeze’ CSOs for funds or logistics (fuel). There is fear
and risk involved in CSO work (the coordinator of the CSO a network RIAMIRIAM and
a Catholic priest were killed in separate incidents a few years ago allegedly for openly
criticising the UPDF on CIDT during disarmament). A few CSOs have a positive
opinion/collaboration with government actors for example capacity building of local
government officials on policy advocacy.
CSOs expect (but don’t feel they get) support from international organizations
with risky advocacy work (e.g. on torture allegations). One international NGO and the
UN agencies seem to work in isolation from local NGOs, but others like Save the
Children and Oxfam are more linked to CSOs and the local community.

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6.3 LEGAL AID PROGRAMMES BY CIVIL SOCIETY ORGANISATIONS

6.3.1 ANALYSING CSO LEGAL AID ACTIVITIES

The first Civil Society Legal Aid Service Provider (LASP) in Uganda was the
Uganda Association of Women Lawyers (FIDA Uganda). FIDA Uganda set up the first
legal aid clinic to cater initially for women in 1987. Later, the clinic also targeted
children, and focussed on Alternative Dispute Resolution (ADR) primarily legal advice,
mediation and negotiation. Other Legal Aid centres were started, including the Uganda
Law Society (ULS) Legal Aid Project (LAP); the Law Development Centre (LDC) Legal
Aid Clinic (LAC) and Public Defender Association of Uganda (PDAU).
The majority of CSOs offering legal aid services are national NGOs
headquartered in Kampala. The NGOs that have legal aid as their core program are
organized into a network called the Legal Aid Service Providers’ Networks (LASP-
NET). Some LASP-NET member organisations have regional legal aid clinics in addition
to their Kampala offices - typically one in each of the other administrative regions of
Uganda (that is, eastern, northern and western), besides the central region where Kampala
is located. No CSO currently runs legal aid programs in Karamoja region, part from
recently formed Centre for Legal Assistance (CLA) which had just opened shop when
this study commenced in March 2008.
Besides these legal aid schemes run by NGOs or programs exclusively set up for
legal aid service provision which usually cover both primary and secondary legal aid
services, many other CSOs began to incorporate legal programs, particularly secondary
legal aid into broader programs with varying degrees of proficiency. Although many non-
governmental organizations that run civic education/sensitisation programs also include
‘legal aid’ among the services they provide, not many of these have legal aid as their core
service nor have the relevant capacities to provide a quality service. The goals of these
programs include raising legal awareness, sensitizing communities on rights, advocacy
for reform of laws, documenting rights violations and resolving legal disputes. Typical
activities in these programs are community workshops, radio programs, paralegal
training, lobbying, networking, research, publications. Primary legal aid services like
legal advice, ADR (like mediation and negotiation), and litigation including occasional
strategic interest litigation remain mainly the preserve of LASPs.
Most civil society legal aid programs are donor supported, with two LASPs (ULS
and FIDA) that are also professional lawyers’ associations raising some funds from
members. The Legal Aid Basket Fund (LABF) was formed in 2004 by donors interested
in supporting legal aid work in Uganda in a sustainable manner with a view to achieving
national coverage and primarily government support. The implications of having a
largely donor-supported legal aid system are many, including limitations on institutional
capacity, geographical coverage, program focus, clientele, and sustainability.
The implications of having a largely donor-supported legal aid system are many,
including limitations on institutional capacity, geographical coverage, program focus,
clientele, and sustainability. There are also challenges related to donor-government
funding arrangements under the Sector-Wide Approach and Basket funding, which
coupled with attitudes within government towards civil society and its role has serious
implications for civil society space, autonomy and sustainability. Innovative ways of

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facilitating CSO capacity to self generate funds should be seriously considered, including
changing donor policy. For example, donor policy towards establishing CSO
endowments is ambivalent. CSOs should be able to develop an asset base (rental offices,
equipment for hire) and income-generating services (commercial legal fees for clients
who can afford it but prefer LASPs to private chambers).
There are also issues internal to civil society that merit attention as they have a
bearing on civil society effectiveness in their role as mediators between government as
the duty bearer for rights and citizens as claimants. These issues related to internal
governance and organizational/institutional development of CSOs are germane to their
ideological positioning, effectiveness, and strategic impact. They include issues such as
financial and human resource management of CSOs, existence of good policies and
systems and internalisation of best practices particularly in relation to service delivery
and management of clientele. A lot of funding to CSOs focuses on programs to the
detriment of institutional capacity yet without a strong finance and administrative
structure, program delivery is constrained and ultimately, organizational effectiveness
and even survival can be crippled.

6.3.2 CHARACTERISTICS OF A GOOD LASP FOR KARAMOJA

Recommendations of a baseline survey of LASPs identified certain aspects of

legal aid service provision as the basic minimum for a good LASP. These are relevant to
Karamoja, but drawing on the findings of this study, additional considerations are
necessary for effective service delivery in the sub region as detailed in the table below:

Table 17: Expected service provision by LASP

LASPNET Survey Recommendations
Client Care  Create standardized client
care operations, quality of
services and work
procedures;
 Inform clients of all
charges, explicitly, prior
to engaging the legal aid
provider;
Coverage  Extend primary services
to the poor, elderly,
women, children,
prisoners and persons
with disabilities,
especially to widows,
orphans and prisoners
held on remand;
 Extend primary services
to internally displaced
persons and refugees as
these groups are severely
disadvantaged;
 Provide counselling and
Additional Considerations for Karamoja
 Traditional concept of justice is pervasive, little
awareness of formal law. All LASP staff need training
to understand Karamoja socio-cultural, economic and
political context (a literal ‘survival’ kit).
 LASP should have comprehensive staff induction,
manuals, guides.
 Whole region is disadvantaged but especially vulnerable
groups also present– target community through
traditional social structures, (elders, kraal leaders, etc)
additionally target vulnerable group structures (e.g. kraal
women leaders). Target groups like prisoners, in-school
children in such institutions.
 Language – interpretation services will be necessary,
teach all staff local languages, and employ some
Karamojong.
 Design secondary services e.g. legal education around
livelihood issues (livestock).
 Mobility key feature of pastoralist life-style – cater for in
program design.
 Access to grassroots must factor in insecurity &

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 advice services to
complainants and victims
of crimes;
 Provide secondary legal
services and education in
relevant areas of law;
 Provide secondary
services at the grassroots
level;
 Provide primary services
to prisoners held on
remand.
Staffing/  Station paralegals at the
Resources sub-county level;
 All primary legal aid
offices should have
trained and qualified
advocates and paralegal at
every district;
 Have at least one
advocate dedicated to
providing primary legal
aid services at the district
level;
 Train and continually
update the law and legal
skills and client service
skills of legal aid officers;
 Ensure sufficient funding
and resources to provide
legal aid services and
create modalities for
accountability
Structure  Create district networks
of legal aid providers,
district departments,
advocates and NGOs/
CBOs
 Link legal aid with
district officials, local
government leaders,
courts, tribunals, district
departments, etc.
sensitivities.
 Wide range of justice issues (CIDT, criminal defence,
corruption, land, natural resources, domestic relations,
child rights). High potential for public interest/ strategic
litigation (minority rights, gender justice, traditional
justice system issues, etc) – need for PIL expertise.
 Community volunteers exist at sub county, parish and
village level under different CSO programs.
 Demand for primary service likely to be high – only
tangible results will yield community support. LASP
must commit adequate no. & quality of staff.
 Few legal support services available for referral initially
so comprehensive in-house capacity required (personnel,
legal materials, equipment).
 At least 2-4 advocates required per district for criminal
defence, suits against the state, & interpersonal cases
especially domestic & land. Given sensitivity of cases &
insecure context, extensive orientation/ induction to
appreciate context, on-going stress-related support for
staff & networking with state & CSO actors critical.
 District CDOs do some secondary legal services, &
some CSO programs have potential for such work, but
with a need for capacity building. Train & resource CDO
& CSOs with materials to create support/ referral
capacity.
 Strong finance and administration capacity required
 Anticipate higher operational costs (security-related e.g.
escorts hire for travel, community structures, hardship
salaries).
 For sustainability, capacity to generate funds (e.g.
consultancy research services, paying legal services) &
independent asset base/ ownership of resource-
generating assets (rental offices, equipment).
 Community outreach & networking essential for smooth
entry to operate, appreciate local sensitivities & manage
security – use locals as key source of information.
 LASP should link to social/ traditional groups (elders,
women, youth) and channel secondary services through
existing community structures of CSOs, & relevant CSO
programs (rights, justice, peace, livelihoods) or govt.
services (e.g. probation, police community liaison).
 Secondary legal aid (training etc) to local government,
security agencies, JLOS, good entry point to network to
reduce conflict/ increase & influence operational space.
 Office in sub-region must have decision-making
161

Law reform  A study should be
conducted to establish
which laws and
regulations are hindering
the implementation of
legal aid services and
equal access to justice for
all.
authority & flexibility to respond to local context not
have decision making in Kampala.
 Establishing LASP local governance structure (General
Assembly, Board) useful for local legitimacy and
accountability.
 National profile useful for networking to national state
structures.
 Local research to inform services should be part of
program, can be linked to local CSOs including firms
like SALDO, NGOs, FBOs etc & some done in-house by
Danida Programme team.

Any good LASP has to address a number of issues in the contextual environment
that affect access to justice. Another study (unpublished) done for Danida by the Policy
Analysis and Advocacy Centre on a proposed legal aid service for Anti-Corruption
Actors (ACAs) gave the following criteria for a suitable agency in which to house such a
scheme. The criteria were defined in relation to the context and exigencies of anti-
corruption work, which was defined as challenging, politically dangerous, and insecure
work:

Box 2: Characteristics of suitable agency for housing the proposed programme

Rights-based, Ethical Governance and Operations

1. Defined and appropriate organizational structure clearly separating governance from
management.
2. A corporate character that ensures independence and autonomy from government.
3. A core mission and mandate focused on access to justice and/ or anti-corruption, as
established in its constitutive legal instruments (e.g. Constitution, articles of association).
4. Strong internal governance mechanisms regulating leadership and management.
5. A rights-based, Public-spirited organizational culture in its leaders and members.
6. Functional operational structure i.e. technical, financial and administrative policies.

Relevant, established Program (anti-corruption/ human rights/ justice/ law)

7. Program focus should be anti-corruption, human rights or public law (preferably criminal
law).
8. Legal aid should be core activity or service.
9. Relevant technical competencies, based on the scope of services envisaged. Must have
advocates with technical expertise to do legal advice, and litigation.
10. Agency should have links/ be part of network of organizations carrying out required non-
legal support services (advocacy, research and legal education).
11. Service should be easily accessible for core clientele e.g. good referral process.

Adequate Capacity and Infrastructure

12. Adequate operational capacity i.e. basic infrastructure required for legal aid service i.e.
human resources, space, logistics such as legal materials, and program aids/ tools like

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 operational manuals.
13. Adequate scope in service i.e. geographical spread and number of clients it can handle.

Functional, supportive Systems and policies

14. The agency should have systems to make its policies functional, and its service professional
and accessible.
15. Systems the agency should have include a reward/ motivation, performance and monitoring
and evaluation that provides, inter alia, for client feedback and intra-organizational
communication.

Facilitative and established Organizational procedures

16. Organizational procedures should facilitate client access, fast and confidential decision-
making, quality service and ensure client and organizational protection.
17. There should be institutional processes and structures to facilitate induction, guidance,
motivation, continuous support and regulation of staff/ volunteers. These include guidelines/
manual for operations, regular meetings and planning.
(Policy Analysis and Advocacy Centre, 2006.)

In Karamoja, the issues that were considered to be critical and should be

addressed for a successful legal aid program are summarised in the table below:

Table 18: Issues that have to be addressed for Legal Aid to be successful
CONCERNS RELEVANT FOR
LEGAL AID
 Suspicion of outsiders/ scepticism
 Bottom-up approach to planning
important
 Low rights awareness,
 No community radio/ low use of
commercial radio by CSOs due to high
cost
 Ignorance of law & JLOS
 Low status of women, children –
sensitive
 Strong traditional justice institutions,
though’ weakening
 Poverty, livelihoods paramount
concern
 Only 1 LASP (new) & law firm
 Weakness, abuses in JLOS
 Fears due to CIDT, gun culture
(UPDF, locals)
 Need to see practical results
 Uneven capacity of CSOs re. RBAD
IMPLICATIONS FOR LEGAL AID SERVICE
PROGRAM IN KARAMOJA
Entry points:
 Dialogue with elders – should be a process over time.
 Curriculum/ topics – should revolve around livelihoods
(cattle) and local concerns/
 Build topics around local justice issues/ interests (poverty,
hunger, peace, gender)
 Use local structures (elders, women, youth, diviners, kraal
leaders, etc) including in service delivery e.g. advisors to
program, paralegals
 Use local CSO structures (volunteers, centres, committees,
focal persons).
Link thro referral of cases to LASP or embed A2J & legal aid in
CSO programs:
 Children, youth: Kids League, YAK
 Peace, justice/ livelihoods: SSD/ Caritas, COU, KAPDA,
ADRA, KOPEIN, IRC, ACTED, POZIDEP, Riamiriam,
MADEFO, MONARLIP
 Education: SCU, DADO, KOPEIN
 Adult literacy: CARITAS, COU, ADRA
 Land: KADP, DLBs
 Women/Gender: SCU, MONARLIP, CARITAS, COU,
KAWOU
 Research: SALDO, KADP, CLA
 Private Sector: BST, KOTA, PSDA
CSO capacity building:
 CSO capacity building for secondary legal aid services i.e.

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 training in RBAD, guidelines for legal education
 Other structures available as platform for legal aid program,
but some concerns/ fears about this i.e. local government,
LCs, MPs may have ‘expectations’, bureaucracy, corruption,
political expedience or capacity.
 Information packaging: manuals, pictures, use local
language, local context
Linking rights issues to local context, livelihoods & injustices:
 Livelihoods – economic, environment, mobility etc
 Social- traditional system, gender, etc
 Political – ethnicity, sub region, security, international

Summary Characteristics of a Good LASP:

From the foregoing, characteristics of a good legal aid service provider in the sub-
region can be worked out. Of necessity, these would combine general elements applicable
to any LASP as well as aspects specific to the Karamoja context.
The findings of this study confirm that the access to justice situation in Karamoja
is poor, that the formal justice system (JLOS) as currently functioning is unable to
effectively deliver justice and that the informal justice system is more pervasive,
accessible, quick and culturally accepted. Secondly, that informal justice is at present
mediated by either traditional institutions such as the akiriket or civil society, and that
while this engagement substantially contributes to accessing justice there are also
considerable gaps or weaknesses in both arenas. The main weaknesses of informal justice
systems have been identified in a UNDP study as failure to observe principles of
participation, accountability, non-discrimination, empowerment and linking to human
rights standards.150 In Karamoja, the study observed weaknesses of the traditional justice
system relating to participation (e.g. compelling participation, excluding females,
uninitiated males and youth), non-accountability by regulation or review, gender
discrimination and application of harsh sanctions.
One mechanism for overcoming these gaps in access to justice in use in Uganda is
legal aid. The study findings establish that there is a demand for legal aid in Karamoja
and no well established legal aid service in the sub-region. The demand applies to both
civil and criminal proceedings. Legal aid can be provided by government agency, a non-
governmental agency or a combination of both. This section of the report discusses the
desirable characteristics of a legal aid provider if it is to be effective in Karamoja. There
are basic characteristics expected of any LASP operating in any setting in Uganda and
characteristics specific to the context of the sub region.
The LASPNET survey indicated key elements of the services expected of a good
LASP as client care, coverage, staffing/resources, structure and law reform activities
(secondary legal aid). A good LASP should have capacity to meet these expectations.
The Anti-Corruption Actors study in assessing which organization could host and
coordinate a proposed legal aid scheme for anti-corruption actors in Uganda concluded
that a LASP would be better equipped to host it than another organization and identified
three areas as basic for eligibility: appropriate organizational and operational structure,
programs and services, and capacity and infrastructure.

150
. See Wojkowska, Ewa: Doing Justice: How informal justice systems can contribute (Dec 2006). UNDP Oslo Governance Centre.

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 A study of NGO power in Africa concluded that powerful a NGO possesses its
own space within development, is financially independent, has strong links to the
international development community, and is willing to engage with the political aspects
of development.151 Looking at the Karamoja context, there is currently a huge gap in
access to justice. Significant injustice occurs in Karamoja both inter-personal and with
the State, involving individuals and communities. A dual justice system is in operation, in
which the traditional is predominant despite it’s weakening due to pressures of
modernity, and the formal including JLOS, is very limited in its ability to effectively
penetrate the society. Compared to the rest of the country, the number, type and range of
activities of NGOs is narrow, and their operations extremely constrained by the political
context. All these elements are relevant to the Karamoja context with its dual justice
systems and strong traditional cultural context, difficult political and development
context, and high-cost operating environment in terms of the demands it places upon an
organization seeking to work for access to justice.
Against this background summary characteristics of a good LASP which the
study team recommends for Karamoja are as follows:

a) Organizational and operational structure that promotes legitimacy, effectiveness

and security of operations

Key concerns for Karamoja include: local legitimacy, security, effectiveness,

sustainability, dual justice system. A high national profile would help security, and a
local governance structure would aid legitimacy and relevance vis-à-vis engaging justice
issues in the context of a dual justice system. Other issues that are critical include:

 Well defined governance structure separating governance and management (defining

functions, powers, authority, roles) should be set up through the constitutive
instruments. There should be a small gender balanced governance board combining
sub-regional and national (possibly also international) representation. There should
be a general assembly with broad representation of key communities and stakeholders
in Karamoja.
 Since a significant number of injustices are attributed to State agents, legal autonomy
and operational independence from government would enhance legitimacy and
effectiveness of the LASP.
 Leadership (at board level) should be by election from the general assembly for
members from Karamoja and appointment by the outgoing board for national/
international members. Membership to General Assembly should be through
community consultation. Gender balance should be ensured on both structures.
 Operational organ: the LASP should have a strong secretariat with branches in each
of the six districts of Karamoja. Each office should have a professional cadre with
technical expertise and adequate numbers of advocates able to do primary and
secondary legal aid (initial focus should be on secondary – discussed under
implementation strategy). Administration and finance can be managed in a regional
office (Moroto).

151
. See Michael, Sarah: Undermining Development: The Absence of Power among Local NGOs in Africa (2004).

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 Community structures and links: the secretariat should engage communities through
volunteers selected through traditional social structures, (elders, women kraal leaders,
etc) at district, sub-county and village levels and access to justice work of existing
NGOs in sub-region (implementation strategy). Target groups like prisoners, in-
school children in formal institutions.

b) Mission, Programs and Services rooted in a rights-based approach to

development and Implementation Strategy to face challenges of Karamoja context

Key concerns are access, acceptability (vis-à-vis dual justice system), scope and
security. LASP will have to deal with a wide range of justice issues of individuals and
groups (CIDT, criminal defence, corruption, land, natural resources, domestic relations,
child rights), relating to basic and strategic issues. The whole region is disadvantaged but
especially vulnerable groups are also present. The other critical issues include the
following:

 The organization should be a LASP with access to justice, gender equality and RBAD
as core principles. It should have legal aid as a core mandate.
 It should have a technical cadre of both lawyers and development/ community
workers on its staff. Or a referral system linking its legal work to development
programs of other organizations in Karamoja.
 Initial focus should be on secondary legal aid (education, sensitization, training, etc)
through community structures. It would be advisable to work with existing NGOs in
Karamoja and their existing community structures.
 For primary legal aid there is high potential for public interest/ strategic litigation
(minority rights, gender justice, traditional justice system issues, etc) – so a need for
PIL expertise.
 Community empowerment: It should use a strong community/ participatory approach
in program design and implementation. Must have capacity and commitment to a
community designed, led and based approach and methods, community-centred
curriculum (livestock based), and a practical results-oriented strategy. Should adopt
community-sensitive strategies and tools (materials, manuals, roles, centres, design)
in design, entry and management of programs including learning local language and
employment of local staff. Development, justice and peace programs of existing
NGOs are good entry points.
 Program Relevance: The program should be developed around the livelihood context
of Karamoja i.e. access to justice issues related to pastoralism, livestock, semi-arid
environment, security, etc.
 CSO networking: Must proactively engage and join CSO networks in sub-region, and
nationally (and beyond – regional, international) to raise profile.
 Strategic engagement of State: Must have capacity to strategically engage and work
with, but remain independent of government structures i.e. JLOS, LG, RDC, security
agencies and specifically build links between the formal and informal justice systems.
Strategy should include training and resourcing CDOs and CSOs with materials to
create support/ referral capacity.

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 Client Care and Services: In addition to general expectations of any LASP per
LASPNET study, i.e. standardized client care operations, quality of services and work
procedures, etc, have comprehensive staff induction, manuals and guides to
understand Karamoja socio-cultural, economic and political context (a literal
‘survival’ and ‘entry to Karamoja’ kit).

c) Capacity and infrastructure to support primary and secondary legal aid

Key concerns that were encountered included: high demand, sustainability and
effectiveness of legal aid. Respondents often observed: ‘In Karamoja we want results
not words’. Few legal support services are available for referral purposes. District CDOs
do some secondary legal services, and some CSO programs have potential for such work,
but with a need for capacity building. For security reasons, Karamoja is a high cost
operation, and will require, among others the following:

 Comprehensive in-house capacity and resources required (personnel, legal materials,

equipment, finances). LASP must commit adequate number and quality of staff
(minimum 2-4 advocates per district), develop capacity to generate funds (e.g. rental
building, equipment, paying services/ clients e.g. LG, CSOs, private sector).
 Infrastructure should support primary and secondary legal aid: the latter should
include paralegal training, legal education, research, and advocacy with strong
emphasis on community mobilization, RBAD and GAD skills.
 Anticipate higher operational costs (security-related e.g. escorts hire for travel,
community structures, hardship salaries).

d) Key systems and policies should be operational and efficient

The LASPNET and Anti-Corruption Actors study raised general concerns about
LASPs regarding the poor standardization and regulation affecting quality and image. In
the Karamoja context, poor service quality (possibly leading to no results) also can have
security implications. It will be essential for LASPs to have and observe key systems and
policies for monitoring and evaluation, human resource, communication, finance and
administration, etc. The selected LASPs must demonstrate a capacity to observe best
practices. The systems should facilitate proper planning, service implementation, and
management of finances and personnel.

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7 PROPOSALS FOR A SUSTAINABLE MODEL FOR ENHANCING ACCESS TO
JUSTICE IN KARAMOJA

The access to justice situation in Karamoja falls far short of the expected
standards. There are many violations of justice in the region by both state and non-state
actors at different levels. Access to justice is a human right realized when quality justice
services are available and the justice system is accessible. Applying the human rights lens
to the concept of access to justice means actions to improve access to justice will
primarily be directed at the State as the principle duty bearer responsible for delivery of
rights, and that these actions by non-state actors like CSOs will focus on getting the state
to deliver on the triple principles of respect, protection and enabling the fulfilment of all
rights whether economic, social or cultural, civil or political or group and development
rights. In proposing models for enhancing access to justice, this chapter provides a recap
of the key emerging justice issues in Karamoja on the basis of which interventions in the
proposed programme are based.

7.1 A RECAP OF KEY ACCESS TO JUSTICE ISSUES IN KARAMOJA

7.1.1 INEFFECTIVENESS OF THE FORMAL JUSTICE, LAW AND ORDER

SYSTEM AND GAPS IN THE TRADITIONAL

There are several often competing (although sometimes complementary) concepts

of justice in Karamoja. Because the traditional justice system is widespread and culturally
accepted throughout Karamoja, traditional concepts and notions of justice and justice
administration are pervasive. Justice is mainly administered, and law and order
maintained through traditional institutions such as the council of elders, but mainly the
ekokwa. The formal sector Justice, Law and Order institutions and structures are mainly a
secondary alternative in justice administration. The formal justice system is less
culturally relevant, hardly visible or felt (e.g. police often cannot investigate or arrest in
rural areas due to transport and insecurity) and mainly experienced negatively.
There is a vacuum in public administration in Karamoja due to historical
weakening of the traditional governance systems without establishing effective formal
sector alternatives. Agencies for administration of law and order and delivery of justice
under JLOS are weak, and the limited government presence is mainly coercive. Because
of this, justice is hardly ‘available’ much less ‘accessible’. Indeed, much abuse of justice
is present in the ineffective JLOS system in Karamoja, which is thin on the ground
compared to other parts of Uganda. The inability by government to adequately facilitate
the JLOS in Karamoja, and within the framework of the JLOS, the inability to distribute
more funds in the existing resource envelope to Karamoja, negates the state’s duty to
protect the citizenry in Karamoja.
The presence of all the JLOS institutions is invariably dismal throughout the
whole of Karamoja. For example, by March 2008, Kaabong district had only nine police
officers. There was only one Grade I and three Grade II magistrates serving three districts
Kotido, Abim and Kaabong. None of the Grade I Magistrates is resident anywhere in
Karamoja. The Chief Magistrate who is supposed to serve the five districts of Karamoja,

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is resident in Soroti, and serves about ten other districts in eastern region, including the
whole of Teso sub-region.
Logistical support for the functioning of JLOS institutions is extremely low. For
example, fuel allowance for JLOS officials is too low to enable continuous circuits (and
pay for the necessary armed escorts). Courts, as a result only sit one or two days in a
week in every district. Consequently arrested persons stay more than the mandatory days
in custody before being charged. Some prisoners on remand have spent years before and
on trial (up to 8 years). There is very little legal representation even for criminal cases.
Language/translation issues affect justice provision, as JLOS actors (including the Police
who are supposed to investigate and prosecute and the members of the Judiciary) can
barely comprehend the ŋakarimojong language. The level of functional literacy among
adult Karamojong is very low. Awareness of rights in the modern justice tradition is
equally limited, notwithstanding the deficiencies in the modern justice system in
delivering justice and administration of law and order.
The ineffectiveness of the formal JLOS is seen in its inability to manage injustices
in the sub-region. Many injustices by private individuals occur at inter- and intra-
community and household levels, particularly against the less powerful in society like
women and children and often with impunity. The responsibility to protect is constantly
abused. Violence and discrimination against women is widespread, seen in early and
forced marriages, rape, defilement, FGM, heavy work load on women, wife beating and
killing, forced widow inheritance, land grabbing, discrimination against women in
leadership, property ownership and inheritance. Children also suffer rights abuse
including child abuse and neglect (food, education), heavy child labour, and sexual
violence including defilement, early marriages and forced marriages. There is a duty on
the state to protect each individual from infringement of their rights even by non-state
actors that is not being discharged.
In exploring the design of possible models for enhancing access to justice and
improving the administration of law and order, it is essential to understand reality of
traditional justice administration from the point of view of those who are likely to be
affected by the entrenchment of a system embellished in a different set of value systems
and seek opportunities to build on its positive aspects to enhance access to justice through
innovations aimed at making administration of justice, law and order socio-culturally
relevant. This requires attitudinal change, from rejecting the informal system as
intrinsically primitive, backward and savage, to focusing on those factors that make it
pervasive.
Elders’ corporate responsibility demands on all senior elders to preserve and
guard the powers bequeathed on them. There is no one representative of a political unit to
which an outsider can go to receive an answer, or on whom he can apply leverage, and
the congregation will not meet at the behest of a stranger or of one or two elders.
Although the authority of the elders’ as a collective is unparalleled, the sanctioning and
enforcement to ensure compliance has been weakened due to historical and current
external influences (especially modernisation, commercialisation of life, proliferation of
SALWs, etc). This had invariably generated a medium term negative outcome.
Injustices in Karamoja are the result of inherent weaknesses in the formal JLOS
system, the inability by mandated agencies of the state to maintain a monopoly of the
instruments of violence necessary to enforce law and order as well as the weakness and

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on-going breakdown of traditional justice, besides those that are attributable to the
negative aspects in the traditional concept of justice itself. The army also has taken on
roles of justice administration (arrests, adjudication through court martial, imprisonment)
which are carried out ‘militarily’, thereby occasioning a wide range of injustices.
Notwithstanding the above, there were several possible areas of convergence
demonstrated in table 18 between the formal and traditional justice systems hitherto not
well articulated. The traditional justice system of the Karamojong has structures and
institutions that could be comparable to those in formal JLOS. For example, it has
institutions that perform function equivalent to a legislative assembly, the police and the
judiciary. It also has a prosecution system. Local Council (LC) structures, where they
exist, collaborate with the Councils of Elders, and sometimes, actually re-enforce each
other, depending on the issues bought for resolution.

7.1.2 MARGINALIZATION OF KARAMOJONG LIVELIHOODS

In all the communities where the study was carried out, a wide range of
perceptions regarding pastoralist livelihoods were identified. Not only was the inability to
overcome these unsustainable livelihood conditions considered as a form of injustice, but
also the inability of the formal justice system to create conditions that make it possible
for sustainable livelihoods to be achieved.
Injustice was associated with: (a) inhibitions to the achievement of sustainable
livelihoods arising from the various systems of production adopted by the various
Karamojong groups; (b) factors in the external environment that undermined the
achievement of sustainable livelihoods (over which the Karamojong have limited
control); (c) the impact on livelihoods of the various resource use practices adopted by
different Karamojong groups. The economic marginalisation of Karamoja, which has
been associated with decades of insecurity caused by violent livestock raiding, had
undermined the provision of basic social services such as health and educational
facilities, and infrastructure such as clean water, good roads, telecommunication and
others. The harsh ecological conditions, especially prolonged drought conditions and
erratic and unpredictable rainfall which cause recurrent crop failures (when cultivation is
carried out) and famine conditions.
High levels of poverty associated with perpetual crop failures or poor harvests
(where cultivation is attempted) are said to be a leading cause of food insecurity faced by
many Karamojong households. In all the communities visited, the high incidence of
hunger (akoro) among adults and the young, men and women, urban and rural areas was
perceived by all the respondents interviewed as a form of injustice, notwithstanding who
was to blame for its recurrence. Hunger drives people into committing several other
injustices. These ranged from simple thefts (of crop produce and livestock) to the more
complicated and virulent violent livestock raiding.
The resulting frustration from poverty and unsustainable livelihoods has driven
men and women into over-indulgence in alcohol consumption, which among the Pokot,
Ik, Jie and Bokora communities interacted with, was identified as the major cause of
domestic violence which leads to abuse of rights of women and children. Ik women
particularly complained about their husbands neglecting their homes and abandoning

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their primary responsibilities for looking after their families (FGD, IK women, Kaabong
District).
The inability of the state to provide basic necessities of life to the people of
Karamoja was perceived as the greatest form of injustice faced by the people in the
communities visited by the study team. In Pokot, Dodoth and Jie communities,
interventions undertaken to implement various government programmes (especially
sedentarisation) had undermined the sustainability of Karamojong livelihoods, and were
also considered as forms of injustice. The Pokot elders argued passionately: “For the
pastoral Pokot, settling down is a last resort. With high levels of adult illiteracy, it is
hard to manage other forms of livelihoods other than looking after cattle” (FGD, Pokot
Elder, Nakapiripirit District).
Injustices were also associated with the failure to address some unforeseen
outcomes of government interventions in Karamoja. Following the launch of
government’s sustained disarmament campaign starting in 2004/5, relative peace and
security had been restored in some parts of Karamoja. The Kadam, who had been forced
to retreat to the safety of inaccessible slopes of Mt. Kadam had begun resettling at the
foothills of the fertile plains of Mt. Kadam in Moruita sub-county Nakapiripirit District.
The spontaneous re-establishment of Kadam settlements in Karinga had exposed
thousands of people to food insecurity, lack of access to clean water, poor sanitation and
housing conditions. The study team was informed in April 2008 that there were already
concerns about possible deaths resulting from famine-related complications. Many people
survived on leaves of trees (adwoli), which they boiled to eat for their meals (FGD,
Kadam Elders, Nakapiripirit District). Similar scenarios were reported in other
resettlement schemes such as Nabwal and Apeitolim.152

7.1.3 LACK OF GOOD GOVERNANCE

The failure by the political and administrative leadership in accountability,

democracy and service delivery is widespread, and is seen by all the communities in
Karamoja as constituting injustice. Systemic injustices occur at the broad societal level
due to poor governance and leadership. Issues such as lack of participation and
representation in local political discourses of the various categories of socio-economic
groups in Karamoja (especially the ethnic minorities) are an indication of constraints to
democracy and lack of proper political accountability.
There is widespread discrimination against ethnic and other minorities such as the
Ik in Kaabong district and the Kadam in Nakapiripirit district, for example, in distribution
of jobs in the local governments. There is corruption in procurement by local authorities
and award of tenders that the business community identified as a form of injustice that
was widespread. These are also symptomatic of the absence of good governance. The
effects of these injustices is failure to protect rights of the population to basic services
like water, to enjoy civil and political rights including free choice in election of political
leaders, and to access economic opportunities controlled by the state such as government
resources, tenders and administrative jobs.

152
. Interview with Dr. Giovanni Dall’Oglio, Technical Advisor, Directorate of Health Services, Abim Hospital held on 11 March
2008 at Abim Hospital

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 There is also significant inter-ethnic conflict, discrimination and distrust among
the various ethnic groups within Karamoja, which sometimes affects employment in local
government, election to political office, and management of government programs. It is a
function of leadership to guide development. In Karamoja, the failure to perform this role
satisfactorily constitutes a community-wide form of injustice, as well as a failure to
respect, protect and promote good governance.

7.1.4 ENDEMIC ARMED CONFLICT AND INSECURITY

Successive governments in Uganda since the colonial period have failed to

establish lasting peace and human security in Karamoja. The NRM has made two
disarmament attempts. UPDF has been cited as both a positive force in that it has
substantially reduced raiding and increased security through forceful disarmament. But it
has also been cited as a violator of the human rights of the Karamojong, and therefore a
cause of injustices. The UPDF has been consistently accused of using cruel, inhuman and
degrading treatment (CIDT) during ‘cordon, search and disarm operations’ against
groups like the karachuna, elders, and women. There have been widespread allegations
of torture, killings, rape, property destruction and cattle theft throughout all the districts
of Karamoja.
Among the several Karamojong ethnic groups, it is only the Ik and Tepeth who
traditionally do not indulge in livestock raiding. They are victims of raids from
neighbouring communities. Armed warriors from several Karamojong communities have
been accused of indulging in livestock raiding. In the process, they also not only violate
human rights of those who raided, but also commit CIDT, murder, rape, pillage, injury,
defilement, and several other injustices. Apart from the warriors (karachuna), there are
also other categories that have a hand in perpetuating armed conflicts within and outside
Karamoja.
Some Elders have been known to bless and sanction raids. The diviners foretell
the outcomes of the planned raids, and unwittingly encourage raiding activities. Women
(especially wives) have also been accused of instigating raids by goading karachuna to
‘prove their manhood’ by supplying cattle. Livestock raiding has become increasingly
commercialised, which has complicated disarmament efforts and undermined traditional
frameworks for control and/or management of conflict between communities.
Apart from raiding, other practices that violate rights are mob justice, revenge
killings and rituals involving sacrifice of humans. Among the business community, the
general insecurity in Karamoja and resort to extra-judicial killings to settle business
rivalry undermines trade. The study team was informed that a karachuna can be hired for
as little as Ushs. 30,000/- to kill a person. Private contractors are accused of abusing
procurement and doing shoddy work for local government. CSOs and private sector also
have complaints about injustices from local politicians and administrators who attempt to
‘squeeze’ them in return for space to operate.
The government interventions through disarmament are intended to address the
security situation but these efforts are clearly inadequate to discharge state responsibility
to protect all citizens within its borders in Karamoja from both internal and external
raiding. The rights of all people in Karamoja to peace and security have also been

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violated by local leaders (traditional, political and administrative) who fan livestock
raiding activities, whether covertly or overtly.

7.1.5 FAILURE OF CSOS TO PRIORITIZE ACCESS TO JUSTICE NEEDS OF

KARAMOJA

Various studies have recognised that capacities of CSOs, local government and
JLOS institutions not only to promote access to justice, but also to implement and
monitor legal aid programmes are still very limited throughout Uganda. It is worse in
Karamoja. The number of lawyers operating in the sub- region is the lowest anywhere in
the country. This undermines potential for providing both primary and secondary legal
aid. Few national, Kampala based organizations have expanded their programmes to the
sub-region. LASPs operating elsewhere lack capacity to achieve geographical outreach of
their services. However, LASPS interviewed recognized the need to expand to
Karamoja.
All CSOs operating in the sub-region that were interviewed were affirmative
about the need to improve access to justice programs for Karamoja and specifically the
need to establish effective legal aid services, for example to address gender injustice,
children’s rights and disarmament abuses. Many NGOs and FBOs on the ground are
willing to participate in such a program if established as they see a great need for it.
Private business people welcomed the suggestion and cited issues in which they would
require representation like corruption in procurement and land administration, and
inequitable local government trade and taxation laws. The need for legal aid services
especially among vulnerable groups like women, prisoners, the poor/indigents, the
illiterate or lowly educated is generally high. Gender justice is still seen as sensitive issue
with only a few CSOs directly tackling it, yet is a fundamental obstacle to access to
justice for a large minority in the whole sub region.
Many areas where injustices abound have not been addressed as no national
LASPS operate in Karamoja to provide legal aid services and CSOs with justice
programs lack capacity for legal work. For example, many CSOs do not adequately
engage issues of justice with regards to land access, which is constrained by absence of
formal institutions for land dispute settlement, and yet land disputes are the most
prevalent conflict issue. The Land Act, before it was amended provided the establishing
of land tribunals. These have been suspended. The handling of land cases has been taken
back to magistrates courts, and yet in Karamoja, magistrates’ courts are overwhelmed
with backlog of cases.

7.2 A COMPARISON OF STRUCTURES WITHIN THE FORMAL AND INFORMAL

CRIMINAL JUSTICE SYSTEMS

7.2.1 THE DUALISTIC NATURE OF THE JUSTICE SYSTEM IN KARAMOJA

The justice system in Uganda includes the system that brings together law related
agencies responsible for administering justice such as courts, prosecutors, police, prisons
and probation. As described earlier in this report, the study findings confirm a dual
system of justice operates in Karamoja. The core challenge surrounding access to justice

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in Karamoja is that while the formal system has the authority of the state (is the legal or
de jure), the informal has the acceptance of the community (is viewed as legitimate or is
de facto). Each has its weaknesses and strengths.
The terms of reference of the study required an analysis of mechanisms for formal
conflict resolution and centres of power in formal and non formal justice institutions;
issues such as fees, types of conflicts and claims filed, types of judgments made; in order
to establish entry points to improve access to justice. In the same vein, the study
analyzed cases referred from the traditional justice system to the formal conflict
resolution mechanisms and reasons for success or failure of these cases.
Analysis of the two systems will focus on the similarities and differences between
their structures, principles, processes and remedies in order to find what good practices
can be borrowed from the informal system and brought into the formal with a view to
improving the acceptability and effectiveness of JLOS in delivery of justice.
The findings reveal that within both the formal and traditional justice systems
there do exist defined structures, with clear rules that determine who sits within them,
their jurisdiction, functions and powers.

Table 19: Comparison of structures within the formal and informal criminal justice
systems
Formal Structures Traditional Structures
The Police: Ameto: collective force of
youth implementing
Protection ekokwa or akiriket
Law enforcement decisions.
Crime prevention Investigation and arrest
Investigation and (experts in tracking).
Arrest Traditional law
enforcement.
Keep the accused under
limited detention during
investigation.
DPP: Senior elder who chairs
Prosecution ekokwa, presents the case.
Elders make charges in
ekokwa.
Courts: Ekokwa: Trial court
Adjudicate disputes Accused has right to hear
Interpret/ apply laws charges, call witnesses &
Entry points for Access to Justice / Gaps
Ameto have similar roles to CID, and investigative
skills and elders’/ community trust – could be
facilitated (training and institutional linkage) to
support community policing.
Both police and ameto investigation are premised on
presumption of innocence. (Standard of proof may
defer).
Ameto acts as local police force with powers to arrest.
Arrest a recognized procedure in traditional system.
Ameto and police are strong forces tend to use force:
can both be source of rights abuse. But in armed
conflict context, ameto have better access to
manyattas for investigation and arrest. Ameto can
support/expedite police investigations, so speed up
justice.
Gaps: Ameto has no crime prevention and protection
function. Could be built up through community
policing link.
Divergence in concept of offence/guilt: can be bridged
over long term community policing.
Elders have power, authority and confidence of
community. Could play intermediary role in charge
process; endorsement of charge ensures its acceptance
by accused/ community.
Gaps: Divergence in concept of offence/ guilt: can be
bridged over long term community policing.
Some common/ similar fundamental legal & human
rights principles of due process: basis for building
acceptance of formal process thro’ sensitization/ legal

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 to be heard.
Limited detention of
accused during trial.
Proof of guilt through
witnesses or trial by
ordeal.
Elders examine witnesses.
Powers to punish include
caning, fining (livestock).
Trial is expeditious.
Eikiiko: appeal court –
more than one clan.
Akiriket: place of prayer,
blessing, truth telling,
forgiveness (essential for
closure), and
reconciliation.
Function is to effect social
harmony.
Prisons: Ekokwa can order short
Safe custody. term detention during
Rehabilitation. investigation/ trial when
awaiting sentence.
Probation: No one structure.
Care & protection.
awareness programs.
Elders’ can support establishing guilt through role of
amicus curie (friend of the court), and assessors
(expand to lower courts).
Ekokwa is expeditious: JLOS need to borrow to
reduce case back log in the spirit of SIP II.
Gaps: N.B. Flaws in traditional system that
undermine human rights need to be phased out (e.g.
trial by ordeal).
Gap in concepts like ‘punishing the crime’ not the
criminal.
Need to avoid double jeopardy (re-punishment in
traditional system) by ensuring adequate
compensatory remedies in formal system. Incorporate
and require advice of elders’ on compensation.
Need for long term legal and rights education to elders
and community to determine and limit gravity of cases
handled by ekokwa.
Gaps: No parallel body in JLOS.
Divergence: in adversarial nature of formal system vs.
social harmony approach of traditional system. Step
up use of ADR in formal (compensation, restitution).
Issue: how far will formal system adopt/ adapt from
traditional system for legitimacy and yet ensure
human rights.
Gaps: Gaps in concepts like ‘punishing the crime’ not
the criminal hence traditional use of compensation
pronounced.
Need for long term education to accept imprisonment
as discharge of crime and eliminate double jeopardy
as rights violation.
Women custodians of related functions. Like the
elderly women Ngakimak do counselling
Other traditional justice structures may play similar
role.

7.2.2 KEY PRINCIPLES FOR BRIDGING FORMAL AND INFORMAL JUSTICE

SYSTEMS

In the bid to bridge the gap between the formal and informal systems certain
principles have been identified that could inform the process by providing minimum
standards. Principles that would improve the quality of informal systems have been
identified as follows:

Participation:
o Be voluntary and not compel people to use them.
o Be accepted by the community.
o Be open to public participation in the decision making process.

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 Accountability:
o Be open to some form of regulation and review.
Non-discrimination:
o Be non discriminatory on the basis of sex or any other status.
Empowerment:
o Communities need to be empowered to hold informal justice systems accountable.
Link to human rights standards:
o Apply humane sanctions that are consistent with constitutional and human rights
provisions. Physical punishments should be prohibited as they amount to inhuman or
degrading treatment.
o Not try persons for serious offences such as rape or murder.
o Establish linkages between the formal and informal systems.

Both the informal and formal systems would be expected to meet these minimum
standards.

7.2.3 RECOMMENDATIONS ON HOW TO INTEGRATE THE FORMAL AND

INFORMAL JUSTICE SYSTEMS

The courts of judicature (Courts of Judicature Strategic Plan and Development

Programme 2006/7-2010/2011) and Uganda Prisons (Uganda Prisons Strategic
Investment Plan (SIP) have largely embraced the need to improve their performance
taking into account the need to address the broad sector challenges cited in SIP II.
However, given the peculiar characteristics of Karamoja region as presented all
throughout this report, interventions intended to enhance access to justice in Karamoja
should be given priority over other JLOS programmes in the country. KIDDP and PRDP
JLOS priorities should be integrated in all the JLOS sector investment plans. The study
findings indicate that all JLOS agencies in Karamoja need strengthening with respect to
personnel, logistics, physical structures and terms (specifically hardship allowance). We
recommend affirmative action in terms of resourcing and capacity building for all JLOS
agencies operating in the sub-region to address their weaknesses in delivery of justice,
paving the way for increased public confidence in the formal justice system and
improved rights situation.
The study recommends that the identified entry points in table 19 can be further
explored and implemented as one of the several attempts to bridge the gap between
formal and informal justice structures. The analysis on table 18 presents a number of
commonalities and possible entry points existing within the structures, principles and
processes in the two parallel justice systems. Several of the following recommendations
being suggested are unprecedented, bold and yet innovative interventions that may in the
longer term deliver the desired dividends. However the study recommends that caution
should still be exercised with consultations at every stage of programming being
encouraged. This too was emphasized during the interview with a JLOS secretariat
official who argued that: the level of convergence between the two systems should be at a
point where there is an agreement on what is considered good. We need to move away
from thinking for other people the Karimojong should be the ones to design the way

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justice should be administered after efforts in sensitising them have been made as a
consultative process is most likely to be owned and accepted by them 153

i. As part of the strategy to strengthen community policing and CID work, the
ameto could have their investigative skills enhanced through minimal informal
training. They could be enlightened on existing referral structures and systems.
Training programmes for them should be expanded to include human rights, how
to conduct arrests, crime prevention and protection etc. Trust building exercises
between Ameto and the police should be encouraged. Divergence in concept of
offence/guilt should be bridged over long term community policing. The
community policing budget should reflect this component
ii. Elders should be trained and sensitized on how the formal legal system works the
commonalities/divergences between the two systems. As much as possible
include them in the charge process and endorsement of charges to ensure its
acceptance by accused/community. Elders should also be brought in as amicus
curie (friend of the court) to help the court in establishing guilt. Their advice
should be sought on compensation. This provision should be expanded to the
lower courts. “The formal justice system can not work in isolation of the
traditional system. Until you reach clan leaders you are wasting time”.
iii. The Akiriket which is a scared place of prayer, blessing, truth telling, forgiveness
(essential for closure) and reconciliation whose major aim is to effect social
harmony, should be facilitated to convene as frequently as required especially to
promote truth telling sessions. Expenses for this forum would not be compared to
those that a truth telling commission would incur.
iv. The legal awareness programme for Karamoja should be designed to capture the
common/similar fundamental legal & human rights principles of due process
which over period of time will form basis for building acceptance of formal
process.
v. Aspects on bail and the community service programme should be subjects
included in legal awareness programmes both at community level and for remand
prisoners.
vi. JLOS actors particularly the police and courts should emulate the expeditious
disposal of cases in Ekokwa and endeavour to speed up the disposal of pending
cases and reduce case back log in line with the spirit of JLOS SIP II.
vii. Gaps within both the traditional and formal system that undermine rights
protection, service delivery should be addressed e.g. trial by ordeal,
discrimination against women. The study noted that the akiriket is not gender
sensitive as women can only participate through their association with the men in
their lives(husband, brother, uncle, son, nephew)
viii. The formal justice system should endeavour to embrace some aspects of the
traditional system that promotes social harmony and reconciliation aspects of
ADR should be promoted and extended to criminal cases e.g. compensation and
restitution. This will to some extent address the current tragic and unfair scenario
of double jeopardy.

153
. Interview with Enid Edroma JLOS secretariat

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 ix. Legal awareness programmes should include sessions that will bring community
acceptance of imprisonment as a form of punishment.
x. The elderly women (agimak) 50 years and above and younger ones with
leadership potential, LC’s should be mobilised and trained on key components of
probation and certified. In hard to reach areas, probation work can be done by
these groups. Apart from Ministry of Gender, main actors like UNICEF, Save the
Children could support this programme.
xi. Commitment in the implementation of the KIDDP/ PRDP is critical and essential
in creating an enabling environment for JLOS agencies to operate and register the
desired impact. The study recommends funding to support DDP’s alignment to
the KIDDP/PRDP both for on budget and off budget support. In addition
priorities in the PRDP and KIDDP should be reflected in all sector SIP’s beyond
the JLOS institutions like water, health, education, etc.
xii. As capacity of the courts is strengthened in Karamoja the department in charge of
inspection in the judiciary should equally endeavour to prioritize the region and
ensure periodic inspection including an interest in participating in the chain link
meetings as one way of promoting knowledge development. The Judiciary should
also be supported to convene regular High Court sessions for Karamoja in
Karamoja.
xiii. Currently there are only two known law chambers in the entire region.
Nevertheless these chambers should also be subjected to inspection and approval
in compliance with the Advocates (Inspection and Approval of Chambers)
Regulations Statute No. 65 of 2005. The study recommends that as part of the
strategy to elicit transparency the Law Council should cause inspections at least
once a year the inspection report should be shared with the chain link members in
the respective districts.
xiv. Standardize vehicles and fleets. E.g. in the past government the dominant vehicles
in hard to reach areas was the land rover. The current practice is for all players to
bring in all sorts of vehicles making it difficult to attract a service provider to
provide after sales services, spares and maintenance. JLOS should help harmonise
these disparities.
xv. Efforts should be made to place JLOS as a priority so that government would
increase the budget to support the sector. In the same vain the leadership in
Karamoja should strive to show case what the impact would be if Karamoja
continued to be marginalised.
xvi. In programming for Karamoja JLOS actors should take into consideration the
cross boarder issues that continue to undermine access to justice in the region.
xvii. The negative attitude and perceptions by JLOS actors of Karamoja needs to
change. There should be efforts to make it lucrative to send people to the region
e.g. hardship allowance, accommodation and better facilitation. Karamoja needs
to be demystified and placed high on development agenda by the leadership and
government. CSO’s should also have a role to play in making government
accountable.

7.3 ENTRY POINTS FOR A MODEL TO ENHANCE ACCESS TO JUSTICE IN

KARAMOJA

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 Taking access to justice as ‘a process by which a range of different inter-related
factors combine to enable citizens to obtain a satisfactory remedy for a grievance’154, the
primary factors have been identified as: an adequate legislative framework, basic
community legal awareness and functioning formal and informal institutions of justice
that are accessible in physical, economic and intellectual terms. Further, any model to
improve access to justice in Karamoja must be based on the role that the various
institutions and actors within the formal and informal justice systems like the police,
courts, social workers, and community leaders actually play and the linkages between
them in order to be sustainable. The underlying premise of an access to justice model
should be that the context for delivery of justice is the state, the primary duty bearer of
rights and principle development actor. Within the Karamoja context, the core
development policy remains PRDP and KIDDP, which should be the prism for all sector
plans, including the justice sector. All GoU sectors should plan for Karamoja through
PRDP and KIDDP. OPM should coordinate the cross-sector issues of livelihoods,
security, governance and development.
In developing a model for enhancing access to justice in Karamoja, several
considerations have been made on the various provisions that would constitute our
model. Activities that need to be implemented are based on an analysis of the access to
justice needs that were identified during the study. These various activities have been
organised around thematic components (or entry points) which are discussed in this sub-
section. Under each component, various proposals have also been suggested for
intervention areas.

7.3.1 STRENGTHENING LEGAL AID

The consensus from the study population is that there is great need for programs
for legal aid to enhance access to justice for different categories of people in Karamoja.
Legal aid is important because it enables the poor to access justice. Legal aid includes
counsel for criminal defendants, as well as ‘legal empowerment’ initiatives that advance
the rights, power, and legal capacities of poor people. Legal aid can be primary legal aid
(legal advice and court representation) or secondary legal aid (legal awareness,
sensitisation, paralegal training). Legal aid is also important in enabling the poor realise
their human rights, including the most important – the right to life, justice and
development.
There has however been a tendency in the formal justice sector to narrowly view
legal aid as a service provided by a lawyer to someone who could not otherwise afford
his or her services. A broader perspective of legal aid as well as access to justice is
essential, especially because enhancing access to justice can no longer be considered as
exclusive preserve of the formal justice system. Access to justice broadly encompasses
access to a fair and equitable set of laws; access to popular education about laws and
legal procedure; as well as access to formal courts and, if preferred in any particular case,
a dispute resolution forum based on restorative justice.155
In Karamoja, where poverty is widespread and justice not very accessible, the
need for legal aid is overwhelming. Everywhere, the formal courts were mistrusted where
154
. See Wojkowska, Ewa. Doing Justice: How informal justice systems can contribute. Dec 2006. UNDP Oslo Governance Centre.
155
. See Stapleton, Adam, “Introduction and overview of Legal Aid in Africa”, in Penal Reform International (2007).

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the local people understood their function. Magistrates said they were not adequately
facilitated to perform their functions. The police, which was despised and ridiculed by
those they were supposed to protect, cited acute human resource shortages and very
difficult operation environment, and yet the UPDF, which was filling the vacuum in
maintenance of law and order was considered as being iconoclastically ‘predatory’. The
prisons, where they were operational were to say the least overcrowded and immensely
under-resourced. Each of the JLOS actors interacted with during fieldwork viewed
themselves as the victims of inefficiencies and malfunctioning of the other JLOS actors.

Existing institutions and their capacities to deliver Legal Aid

The study findings indicate the government institutions in Karamoja currently
carrying out legal aid are primarily doing secondary legal aid. The institutions and the
main areas of law they address are below:

Table 20: Government Institutions currently doing legal aid in Karamoja

Actor Type of Legal Aid Area of Law Clientele
CDOs - district &  ADR/ conflict resolution -  Family, children (abuse, Women;
sub county (LG) Mediation, counselling, custody, neglect, men; children
negotiation. maintenance), domestic
 Referral to police, court. violence, defilement,
Witness in court. inheritance; Children in
conflict with the law,
detention of juveniles,
maintenance
Police Child and  ADR - Mediation,  Family, domestic Women;
Family Protection counselling, negotiation, violence, child abuse, men; children
Units (CFPU) referral to Probation, court sexual offences, JLOS
Police Minor  ADR - Mediation,  Common and aggravated Women;
Crime Unit counselling, negotiation, assault men; children
investigation
District Land  IEC; legal advice;  Land Land owners
Board sensitization; conflict (customary,
resolution leases);
community
Police Community  Awareness creation; IEC;  Community conflicts; Community;
Liaison Office ADR (legal advice, family (referral); JLOS families
mediation);
 Referral to Probation and
CFPU
District Land  IEC; Legal Advice  Land Land owners/
Office potential land
owners;
private sector
Prisons  IEC, Legal  Criminal justice matters; All Prisoners
counselling/advice to JLOS
prisoners and their families
Courts  IEC, Legal counselling to all  All Women;
parties, men; children

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Medical personnel  Legal counselling/advice  Criminal Justice matters Women;
men; children
Probation and  Legal Advice; ADR; IEC;  Family; Children Women;
Welfare Office Counselling; Monitoring (custody, neglect, abuse, Children;
(children); witness in court maintenance); JLOS Juveniles
(juveniles); Referral;
Resettlement of lost children
Local Councils  Adjudication; ADR (advice,  Petty crimes; family Families;
negotiation, mediation); Community
Referral
District  IEC; Legal Advice; Drafting  Business Law; Trade; Private
Commercial Commerce; Land Law; Sector
officer Procurement; Contracts

None of the agencies involved in supporting justice issues in Karamoja as well as

CSOs have advocates on their staff. Besides the police and courts, most do not have legal
materials or laws at their disposal yet their functions include secondary legal aid. For
example, a considerable amount of the work of the CDO is on conflict resolution,
particularly in families. However, CDOs do not have legal training or materials and are
understaffed to meet the high demand for their services. The only tools in the CDOs
office is a very good manual or handbook by the MGLSD, with input from NGOs and
UNICEF support, called Integrated Care for Orphans and Other Vulnerable Children
(2006): Toolkit for Community Service Providers which has been translated into the local
language.
There is need to streamline and strengthen the holistic, multi-stakeholder, multi-
level and multi-strategy approach of JLOS as the foundation for enhancing access to
justice for the people of Karamoja. Challenges around issues of capacity, sustainability
and ideology need to be addressed. Any legal aid intervention should be structured to
address contextual issues in Karamoja (pervasive traditional justice system, insecurity,
livelihoods) – as the critical factors that continue to affect the success of any legal aid
interventions that are intended to enhance access to justice.
In order to strengthen legal aid to improve access to justice in Karamoja, the
following are proposed:

 Provide free legal advice and counselling provided to all people. At least 1 Advocate
per district supported to provide legal advice and counselling
 Provide free legal representation provided offenders on capital and non-capital crimes.
At least 4 Advocate per district supported to provide Legal representation
 A Magistrates’ Court constructed in every sub-county
 At least 2 Para-legals trained and deployed in every sub-county
 Public Interest Litigation provided on systemic injustices, including CIDT, conflict
over natural resources; and gender injustices
 Legal Aid Officers provided regular in-service training to update their legal skills and
client service skills
 Number of cases handled and completed increased
 Detention facilities should be constructed at all sub-county headquarters

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7.3.2 STRENGTHENING CAPACITY OF JLOS INSTITUTIONS

Interventions intended to enhance access to justice in Karamoja will have to

support the formal JLOS institutions in order to make them more visible. In order for the
people of Karamoja to respect formal justice systems, the actors have to be functionally
present and relevant to address injustice whenever and wherever they occur. To
strengthen the capacity of JLOS institutions to enhance access to justice in Karamoja, the
following are generally recommended:

 Support should be provided to enhance legal rights awareness for all JLOS actors
 ADR such as mediation and negotiation should be supported, through, strengthening
the capacity of LASP staff to provide mediation and negotiation services; supporting
Elders’ Council to provided ADR; and documenting all civil and other non-civil cases
referred to ADR structures for mediation and negotiation.

To strengthen the functioning of the Police in ways that enhance access to justice, the
following are recommended:

 The Police should be supported to undertake the construction of District Police Stations
where they do not exist.156
 The Police should be supported to build at least one Police barracks in every District
 The Police should be supported to construct a Police Post in every sub-county
 The Police should be supported to build Police quarters in every sub-county
 The Police should be supported to train Crime Presenters in all sub-counties for
handling minor crimes
 The Police should be supported to undertake in-service training of Police Officer in
human rights

To strengthen the functioning of the Prisons in ways that enhance access to justice, the
following are recommended:

 The Prisons Services should be supported to construct a Prison in Kaabong

 The Prisons Services should be supported to improve Prison conditions for inmates in
all districts
 The Prisons Services should be supported to construct Prison cells for women in all
existing Prison facilities
 Resources should be made available to support the operations of the Prisons Services

7.3.3 HOW CSOS CAN INFLUENCE ACCESS TO JUSTICE AND LEGAL AID

The state is the primary duty bearer for the achievement of rights of individuals,
of citizens. State institutions in Uganda include central and local government agencies.

156
. In July 2008, the Netherlands Government donated over Ushs. 7.7 billion to the Police for RELOKA activities. Part of the money
was to be used for construction of 4 Police headquarters and barracks in Moroto, Kotido, Abim, and Kaabong, as well as increase
deployment of professional policemen at sub-county level (see “Police get sh7b for Karamoja”, New Vision 21 July 2008, pp. 9)

182
CSOs are mediators or interlocutors between government agencies and communities.
JLOS sees the specific roles of CSOs and the private sector as being to:

 Contribute to priority and agenda setting in JLOS;

 Complement implementation of programs;
 Advocate for improvements in service delivery and support for the JLOS;
 Share and exchange information;
 Monitor and evaluate progress in the JLOS reform program; and
 Provide a consultative and feedback mechanism (SIP II).

According to SIP II, JLOS is committed to a strategy for involving CSOs through
entering strategic cooperation agreements through Memoranda of Understanding (MoUs)
and through mutual participation of CSOs and JLOS actors in each others’ management
structures and activities. From the study findings, it is clear there is minimal engagement
between CSOs/ private sector and JLOS around access to justice issues in Karamoja
along the lines envisaged by SIP II.
A number of the CSOs interviewed are involved in the delivery of basic social
services, and promoting development and justice in the broad context of peace and
security, but without directly engaging the administration of justice. CSOs can contribute
to enhancing synergies between the two justice systems operating in Karamoja to
promote fusion and eliminate duality which is a constraint on access to justice. Research
and IEC are two strategies for this bridging the gap and incorporating some of the
fundamental principles that have informed the traditional justice system in Karamoja. In
addition to LASPs, existing CSOs and their development/ peace and justice programs
provide entry points on which access to justice and legal aid program should be built.
Civil Society and Development Partners contribute to building capacity of government to
deliver on its duties as the primary development actor. Capacity of Karamoja-based
CSOs on rights based/ legal programming will need to be built. To support CSOs to
influence policy and policy reforms, and enhance the capacity of CSOs to provide Legal
Aid Services, the following are recommended:

 Undertake a study to establish laws and regulations that hinder the implementation of
legal aid services and equal access to justice for all as well as understand the
ramifications of traditional law and practice in Karamoja.
 Support should be provided for the formulation of draft policies on legal aid and legal
aid service provision as well as Criminal justice to harmonise the interventions that will
be undertaken in Karamoja with other similar programmes elsewhere in other parts of
the country.
 Support expansion of a lead LASP in every district (alternative: provide OSID support
to at least 1 CSO which will become a lead LASP in every district).
 In each district, at least 2 CSO community volunteers should be identified and trained
as para-legals so that they can take a lead in undertaking community legal rights
sensitisation and awareness.
 Support provided to district CSOs involved in legal aid service delivery should also
help them to strengthen their capacity to generate funds from legal research and

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 consultancy work. Selected LASPs should be supported to undertake legal rights
monitoring and documentation
 Support should be provided to increase legal rights awareness and sensitisation for the
UPDF in Karamoja
 Support should be provided for the creation of district networks of legal aid providers,
district departments, advocates and NGOs/CBOs. Civil Society Organisations in
Karamoja working on access to justice should try to improve coordination, publicise
their work and where there are gaps present proposals for increased support.

7.3.4 STRENGTHENING THE CAPACITY OF LOCAL GOVERNMENTS

To strengthen the capacity of local governments, the following are recommended:

 The District Local Governments (and especially the department of Community

Development) should be supported to undertake some secondary legal services
 Support should be provided for legal rights awareness for district and sub-county
councillors as well as leaders
 Support should be provided to LCs to handle some of the civil cases’ backlogs in
magistrates courts
 Civil Society and Development Partners should engage with the Government of
Uganda at both local and national levels and support the GoU on plans and policies for
Karamoja

7.3.5 ENGAGEMENT AND BUILDING SYNERGIES BETWEEN THE FORMAL

AND TRADITIONAL JUSTICE SYSTEMS

Absence of minimum standards for justice administration in traditional system

and reliance on collective wisdom of elders makes it difficult to deal with internal
contradictions. This makes the traditional system prone to manipulations as society
continues to change. However, the need for building linkages between the traditional and
the modern cannot be over-emphasised. It has to be noted that under normal
circumstances the traditional justice system and the formal system do not always work at
cross-purpose. There are instances when they complement each other. Sometimes the
same actors who pursue justice in the formal sector are also beneficiaries of justice
administration in the traditional setting. There are many cases that have started from the
formal sector and ended in the traditional, and vice versa. There are also instances when
the two systems have been convened and superintended by the same people. Sometimes
LC officials also sit on traditional courts, and also those where representatives from the
traditional courts have provided key inputs in the proceedings of a formal court.
Sometimes the traditional and formal justice systems work together by sharing
roles and allowing common powers wielded to be exercised jointly. There was no criteria
upon which this role sharing was determined, but the study team noticed it depended
largely on who occupied the LC offices, and their relationship with the traditional
institutions. It was easier to collaborate in the dispensing of power if a senior or junior
elder was also the occupier of the LC position. If the LC position was occupied by an un-
initiated person, the relationship was less collegial, and boundaries were almost certainly

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visible. Fights, assaults and abuses are usually handled by LCs. If a young person was
involved in a fight with a much older person, the LC system would handle the case, so as
to determine the magnitude of the responsibility. If it was determined that the younger
person was in the wrong, the LCs will pass a sentence of a fine including other LC
charges), and hand-over the case to the elders. This was because a sacrifice had to be
made to completely reconcile the two parties (FGD, Ethur Male, Abim District). Some
people who commit crime and feel they will not get justice in the traditional system
surrender themselves to the formal before the traditional mechanisms are set in motion.
The study team was told of cases where persons who have committed some crimes come
running to the Police outpost shouting that the cells should be opened to allow him in (for
their safety).
It has been stressed by a variety of actors including CSOs, national and district
leaders from Karamoja and donors with a range of experience and expertise on access to
justice that value judgements regarding the traditional justice system are inimical to the
objective of promoting positive synergies between the formal and traditional systems in
the interest of increasing access to justice.
Given that traditional institutions have been sidelined for a long time, it has been
strongly suggested to the study team that JLOS should conduct further research on
specific areas of contact between the formal and traditional systems before designing
follow up projects. Two competing views were encountered, the first urging against the
mindset of bringing traditional institutions under the state institutions and assuming the
formal system to be superior to the informal, but to utilize the best and most relevant
aspects of either (‘what is acceptable, fast, cheap, trusted and just’). The contrary view
was that the traditional system is inimical, perverse, outdated and ought to be discarded.
The study clearly shows both systems have advantages and disadvantages and therefore
recommends the first view. However, given the scope of the research many areas could
not be captured within this work and are recommended for separate study. Areas
identified by participants in the national validation workshop for further research:

 Views of elders and other users of the traditional systems; more information on the
processes of traditional justice systems, particularly in relation to civil cases;
 Analysis of history related to the use of these systems and interaction with the state;
 Analysis of legislation relating to traditional justice in Uganda;
 Research on women’s land rights in Karamoja;
 Understanding of how the various systems (LC Courts, traditional fora, police and
state courts) currently interact and possible entry points for increased engagement;
documentation by relevant actors on the ground (magistrates, elders, LC courts,
CSOs) of their engagements in this field;
 Research on and application of international experience and initiatives on interaction
of formal and informal justice systems;
 Additional data on the number and type of cases in the various systems;
 Identification and documentation of traditional principles, practices, responsibilities,
values, rationale for the custom in Karamoja;
 The interaction or engagement between the formal and traditional systems in
Karamoja and the impact of this interaction to distinguish such outcomes from
tradition;

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 Assessment of how specific institutions – state and traditional are functioning and
identify weaknesses, discuss ways of harmonisation, support and strengthening.
 Follow up action recommended is that the rules, values, practices, principles;
punishments need to be discussed with stakeholders to generate consensus on which
ones are “extinct, discriminatory, outdated, etc. and finally record and document the
rules for use in Karamoja. This document would be used for sensitisation to overcome
abuse of culture. The above discussions need to be held with a wide range of
stakeholders including traditional institutions, youths, MPs, educated people, and
others in a form of a debate rather than sensitisation.

To support the formal justice system to build synergies with traditional justice
system, the following are recommended by the consultants:

 Support should be provided for the documentation of traditional justice practices in

order to further understand traditional justice practices so as to better engage them
 Support should be provided to develop IEC materials outlining basic rights, court
procedures for training actors in traditional justice sector
 LASP staff should be given induction training on functioning of the traditional justice
system. Standard induction training manuals and guides should be developed for
specific trainings
 Support should be provided to enable the various JLOS actors in Karamoja to take
basic Ŋakarimojong language lessons and to recruit and train as far as possible
volunteers from the communities.
 Support should be provided for training the Karamojong elders (through their Council
of Elders) on the basic functioning of the formal justice system, as well as legal rights
and legal aid, in order to effectively reach out to the local communities
 Government should develop a policy on linkages between the traditional and formal
justice systems following further research on areas identified.

7.3.6 PROMOTING SUSTAINABLE LIVELIHOODS INTERVENTIONS

To promote sustainable livelihoods interventions, the following are recommended:

 The CSOs involved in livelihood improvement interventions should be supported to

create collaboration linking their activities with opportunities for support the economic
enhancement of disarmed population.
 Legal aid sensitisation, awareness and education programmes should be developed
around critical livelihood issues such as sustainable livestock husbandry, which takes
into cognisance the importance pastoral mobility for the survival of the Karamojong
 Interventions around access to justice and legal aid should directly promote sustainable
livelihoods that integrate pastoralism with other alternative forms of livelihood
 CSOs involved in legal aid work should also be supported to undertake lobby and
advocacy for the increased provision of basic social services in Karamoja

7.3.7 COMMUNITY MOBILISATION, SENSITISATION AND EDUCATION

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 To support community mobilisation, sensitisation and education, the following
are recommended:

 LASPs, CSOs and formal JLOS institutions should be supported to undertake

continuous sensitisation of communities about their legal rights
 Develop and support a LASP Community outreach and networking programme
 Hold legal rights awareness, sensitisation and education meetings in every Parish
 Enhance basic knowledge and awareness of the fundamental principles of people’s
human rights in Karamoja. Integrate human rights education in existing FAL classes by
CSOs
 Support public awareness of court procedures to harmonise them with Karamojong
practices
 Identify and train para-legals from the communities, who should then be used to
undertake continuous legal rights awareness and sensitisation

7.4 POSSIBLE OPTIONS FOR ENHANCING ACCESS TO JUSTICE IN KARAMOJA

This sub-section discusses proposals for delivery mechanisms (models) for

resources, skills and manpower necessary to enhance access to justice and improve the
administration of law order. A successful programme for enhancing access to justice will
entail interventions in the seven strategic areas (or entry points) discussed in sub-section
7.3 above. Any subsequent delivery model for enhancing access to justice will have to
undertake interventions under these strategic areas, which will be informed the following
fundamental principles, among others:

7.4.1 PRINCIPLES OF A GOOD MODEL FOR ENHANCING ACCESS TO

JUSTICE

The analyses in the preceding sections have demonstrated a number of issues of

which the study team has drawn some insights from in recommending the options listed
below. The following lessons have been learnt.

Focus on the poor and disadvantaged:

A good programme for enhancing access to justice should address injustices as
they are perceived by the people of Karamoja as well as addressing the causes of these
injustices, and what the people think should be done to address the obstacles they face in
accessing justice. To be effective in enhancing access to justice will therefore require
structures and networks in the communities for reaching out to the poor and
disadvantaged. The measurement of the effectiveness of any access to justice
interventions must be based on the extent to which it addresses the justice needs of the
poor and disadvantaged. These go beyond the legal issues to include broader human
rights issues such as the right to life, the right to food and freedom from hunger, the right
to development, etc.

Box 3: Information coordination

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 It is important to ensure that the roll out of justice in Karamoja is based upon
needs on the ground and responds to injustices as they are experienced and perceived by
the poor and disadvantaged in Karamoja. Achieving this requires a greatly enhanced
flow of information from the local to the district and national level. This is necessary to
ensure that the experiences and perceptions of the disadvantaged are indeed heard and
identified, and can thus be used as a basis for developing responsive programming. A
regular flow of qualitative and quantitative information from the local / community level,
which enables the identification of needs and also the tracking of changes over time,
could also be used for monitoring and evaluation purposes.
With regard to the formal justice system, JLOS has developed a strong set of
indicators for measuring people’s safety, security and access to justice, and JLOS also
has structures in place on paper to enable the collecting of the information needed to
measure progress against these indicators – including JLOS Co-ordination Committees
at local level, and District Level Reviews – but these have not yet been established. It
should therefore be a priority for JLOS to establish and operationalise these structures in
Karamoja, so that information can start be collected which feeds into the roll-out of
JLOS in Karamoja and provides a baseline against which to measure progress.
There is also a critical role for CSOs here, in terms of information collection and
analysis, and lobbying to ensure that programming is based on identified needs.
Information collection and M&E processes should also be designed to enable the
desegregation of information to show the impact of the formal and informal justice
systems (i.e. tracking number of people using both of these systems, over time; or
collecting data at household level regarding which system people are most likely to turn
to) which would also assist in identifying positive areas of convergence between the two
systems that could be supported in order to strengthen access to justice and security’.
Uganda Project Coordinator, Safer World.
    
Comprehensive approach to enhancing access to justice:
Legal aid is one of the interventions necessary to enhance access to justice. But
enhancement of access to justice entails much broader interventions far beyond effective
legal aid. There are generic interventions that would be required to achieve ‘justice for
all’ – including the poor and vulnerable categories in Karamoja. It entails a multi-
dimensional view to enhancing access to services provided by all other JLOS actors
including the Police, the Judiciary, the Prisons, notwithstanding the existence of security
of persons and their properties, as well as realising the basic needs for sustainable
livelihood for those to whom access to justice is intended to benefit. There is a need to
take a comprehensive approach to enhancing access to justice, which also calls for
addressing not only issues of ensuring legal aid, but also the rule of law by supporting the
effective functioning of the JLOS institutions.

The inadequacy of litigation-centred models:

In the entire Karamoja, there is only one law firm (Okuku & Co. Advocates) with
a representative based in Kotido. There are two other law firms and two private
individuals who are available on call. A private organisation that intends to operate as a
Legal Aid Service Provider (LASP) has been recently opened in Moroto called Centre for
Legal Assistance (CLA). This means that litigation-centred models for enhancing access

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to justice may not provide viable mechanisms for providing assistance to those in need,
either because of cost or the availability of services of lawyers. That means that it might
be essential to consider other models that recognise the importance of the services of non-
lawyers in enhancing access to justice for poor people, especially para-legals, and other
local community institutions and actors. Para-legals are local people trained in practical
aspects of the law, including giving legal advice, public legal education skills as well as
administrative skills. Para-legals may be law graduates who have no license to practice as
advocates or lawyers or ordinary people with no formal legal qualifications who have
been trained in legal, advice-giving, administrative and public legal education skills.157

Synergistic integration between the traditional and formal justice systems:

It is essential to appreciate the fact that there exists a traditional justice system in
Karamoja, albeit faced with innumerable challenges, just as much as the formal justice
system. Although the challenges both systems encountered varied significantly in both
content and form, it was very evident that opportunities existed around which positive
synergistic integration could be undertaken largely predicated upon the positive aspects
of both the traditional and modern justice systems. It should be recognised that the
traditional justice system in Karamoja was not an isolated entity although many times it
functioned as if it were oblivious of the formal justice system. Rather, the traditional
justice system connoted an array of interactive ‘non-formal’ legal dispensations that were
invariably linked to a multitude of legal services that the formal was either too
incapacitated to afford or structurally disadvantaged to articulate.
The above notwithstanding, the study team also encountered several occurrences
when the formal JLOS institutions, structures and actors were secondarily made reference
to, as alternatives in administration of justice in the traditional domain. The converse
scenario was also becoming a reality in many districts of Karamoja. It has been argued
that it is possible to find positive contributions to the formal justice system by
representatives from the Council of Elders, in as much as there seems to be widespread
calls for legal aid models that provide for non-lawyers (especially para-legals trained in
basic civil and criminal law and procedures) in justice administration in the formal sector.
For Karamoja specifically, there seems to be an opportunity not only to bring on board
the formal as well as a representative from the Council of Elders, as well as offer primary
legal aid, especially advice and mediation of disputes within the traditional justice
system.
In any such model that involves non-state actors, it is will be essential to maintain
positive and construction relationships with the state structures institutions and actors,
including the administrative structures (e.g. the Chief Administrative Officers, the sub-
county Chiefs); Political structures (e.g. the Resident District Commissioners, the
Members of Parliament, Local Councils from the village to the district levels);
Judicial/adjudicative structures (e.g. the courts of law), and; law enforcement and security
agencies (e.g. the UPDF, the RISO, DISO, GISO, Police and Prisons).

The need for Capacity Building/Strengthening of actors involved in enhancing

access to justice:

157
. See WcQuiod-Mason, “Para-legals and non-traditional methods of legal aid delivery”, paper delivered at the 2 nd European Forum
on Access to Justice, 24-25 February 2005, Budapest, Hungary.

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 To enhance access to justice, significant resources would be required to build
(some from the scratch) and strengthen capacity of actors to enhance access to justice. On
the basis of the constraints that the study team identified that inhibited access to justice in
the communities where the study was carried out, various areas of support were identified
where any proposed programme for enhancing access to justice needs to focus. The
following were considered critical:

Table 21: Type of support that would enhance access to Justice in Karamoja
Capacity Thematic issues that should be considered Tasks entailed in the
strengthening to in providing capacity strengthening delivery of Access to Justice
enhance access to support to enhance access to Justice support
Justice
Organisational  Capacity building for CSOs, JLOS, local  Support to CSOs/LASP
support and government to undertake legal rights grassroots/community
institutional awareness, sensitisation and education structures
strengthening of  Legal training for para-legals  Legal training workshops
actors  Legal training of community volunteers
 Dissemination of information on the
context of Human rights and the JLOS/legal
system
Support for lobby  Legal rights of Karamojong to practice  Lobby and advocacy
and advocacy sustainable pastoralism (securing access to  Law reform
pastures and water resources)  Policy changes
 Support lobby and advocacy for increased  Networking
provision of basic social services in  Research and
Karamoja through approaches that enable documentation
the local people to participate in demanding  Media campaign
their rights and entitlements.  Develop educational
 Human rights monitoring targeting (i) materials
CIDT associated with disarmament, and;
(ii) Gender injustices
 Effective enforcement of existing laws and
policies
 Pastoralism Poverty
 Law reform and Policy development
Support for legal  Civil cases between individuals and against  Professional lawyers
representation and state (public and private legal
counselling  Criminal cases where legal defence is practice)
needed  Pro bono representation
 Public Interest Litigation and strategic  Para-legals
litigation
 ADR through mediation, arbitration and
negotiations in Traditional justice
institutions and actors

7.4.2 ANALYSIS OF AVAILABLE OPTIONS FOR ENHANCING ACCESS TO

JUSTICE

190
 A number of options are available for enhancing access to justice. This sub-
section discusses seven options that were considered relevant for addressing the access to
justice needs identified during the study in Karamoja, including specifically addressing
issues of establishing and improving access to legal aid. The proposed options included
the following:

Option 1: Using the State Brief system

Owing to fact that the largest population of Karamoja lives in absolute poverty,
there is a complete lack of capacity to marshal resources needed to access justice. The
majority of the people of Karamoja cannot afford legal representation, advice and counsel
from lawyers in private law firms. Since the state is mandated to ensure access to justice,
it is therefore incumbent upon the state to ensure those who need legal representation are
provided such services. Through the judiciary, government therefore, operates a state
brief system, as a form of primary legal aid for those charged with capital offences.
Under the state brief scheme, the Court instructs a qualified Advocate to represent an
individual or a group of people accused of criminal offences that carry a maximum death
or life sentence. The government pays the professional fees for the Advocate from funds
approved by parliament.
There are challenges. Not withstanding the low fees paid to lawyers under the
state brief system, the system is also only available for those charged with criminal
offences, and therefore does not benefit those charged with civil or non-criminal
offences. In Karamoja, there is only one private law firm in the region, which affects the
operations of the state brief system. A few law firms in districts neighbouring Karamoja
such as Mbale, Lira and Soroti have representatives and/or agents who are available in
Karamoja when their services are required.

Option 2: Pro Bono Legal services

Besides the contextual factors limiting access to justice for Karamoja such as
insecurity, non-optimal performance of JLOS institutions, including lack of legal
representation and counsel and limited staff in the judiciary, even the few lawyers
available from neighbouring districts are not accessible because most of the population
cannot afford legal fees. A major aspect of improving access to justice for Karamoja
therefore is voluntary legal service.
Pro Bono legal services refer to provision of legal services to poor, marginalised
and indigent individuals, groups, or communities, without a fee or expectation of
compensation. It implies that professional lawyers would volunteer to represent and
provide legal counsel to poor individuals charged with civil, criminal or non-criminal
offences. Presently, a Pro Bono scheme exists. The Advocates Act of Uganda requires all
qualified lawyers to provide Pro Bono legal services to at least 4 clients every year, and if
unable to do so, s/he must pay some money to the Uganda Law Council in lieu of the
case. The money paid is then used for securing the services of another lawyer willing to
offer Pro Bono services.
This system, which is being developed by the Uganda Law Society (ULS) in
collaboration with the Uganda Law Council (ULC) is not yet full operational, is bound to
encounter significant challenges in Karamoja where there is only one private law firm

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and the environmental context discourages non-resident lawyers from taking up cases in
the sub region.

Option 3: The Public Defence Service Model

Apart from the State Brief System and the ineffectual Pro Bono Legal Services,
there had been a lack of a comprehensive scheme for supporting enhanced access to
justice for those poor and disadvantaged people charged with offences that carry a
sentence of 10 years imprisonment or more; or where there is a serious human rights
issue, particularly in the Higher Courts and the Chief Magistrate’s Courts until the Public
Defender’s Association of Uganda (PDAU) designed a Public Defense Service Model. In
Uganda unlike in some jurisdictions, there is no established civil service Public
Defender’s Office. The work of the Office of the Public Defender is now shouldered by
PDAU, a non-profit organisation, which was formed in 1997, and incorporated as a
company with liability limited by guarantee, but is also registered as an NGO, and was
also subsequently cleared by the Law Council of Uganda to operate strictly as a not-for-
profit law firm.
Initially, PDAU used a mixed Judi-care model of full-time and member advocates
to offer criminal defence services in selected magisterial areas. Apart from being donor
dependent, lawyers from the PDAU secretariat and branch office had to be facilitated to
move to courts in project areas, which made the delivery system expensive. Besides,
because there were no opportunities for career growth, it was attractive mainly to recent
graduates. Once advocates acquired the experience from PDAU, they left for better jobs,
leading to a high turnover of service providers.
In January 2006, a new Public Defense Service Model was designed whereby
PDAU enters partnership with private law firms in project areas. The partner law firms,
in addition to collaborating with PDAU, also take on commercial legal services, but
always make sure there is a lawyer available for criminal defence work. These partner
law firms host experienced and well facilitated PDAU Advocates to ensure dedicated
service. Facilitation is also provided to the partner law firm in form of some funds to
cover administrative overheads. In return, the partner law firm monitors the work of
PDAU advocates. Each PDAU lawyer is assisted by a young volunteer advocate on a
mentoring basis (rather than rely on legal assistants). A minimum number of advocates
are maintained at the PDAU secretariat, which offers oversight supervision, lobbying,
financial oversight, resource mobilization, monitoring and steering strategic direction of
the project.
Apart from legal services in criminal defence (legal representation, advice and
counselling), PDAU also offers secondary legal aid in the following areas: mediation,
Prison visits and investigation, legal sensitization and rights awareness training, research
and literature provision, advocacy and lobbying, behaviour change training for youths,
prisoners and community leaders, resource development, peer training of (young lawyers 
and peer  behaviour change educators), networking and collaboration, human
rights/institutional monitoring.158
There are a number of challenges that are specific to Karamoja. PDAU, is still
heavily donor-funded, and has not yet established its presence in Karamoja. Individuals

158
. See the Public Defence Service Model of the Public Defender's Association of Uganda (PDAU) (available at
http://www.actvuganda.org/networking.html#1)

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charged by the Military Court martial with criminal offences are represented by UPDF
Lawyers. This in itself is a good principle to provide UPDF lawyers to represent armed
karachunas facing different charges in the court martial. But it would appear as if it limits
the extent to which justice can be achieve, if the one who arrests you, charge and
prosecutes you also provides you with their own lawyer to defend you.

Option 4: Legal Aid Clinics

The government of Uganda does not have a comprehensively funded legal aid
scheme. It relies mainly on state briefs to private advocates in the cases of persons
charged with capital offences. Legal Aid Clinics are therefore operated by a wide-range
of Non-Profit Organisations that have mainly been incorporated as companies whose
liabilities are limited by guarantee. There are so far, three main organisations that support
enhancement of access to justice for the poor and marginalised through Legal Aid
Clinics, namely: FIDA Uganda, the Uganda Law Society, Legal Aid Project (LAP), and
the Law Development Centre Legal Aid Clinic (LAC). All these organisations have been
cleared by the Law Council of Uganda to operate strictly as not-for-profit law firms. The
recently initiated Centre for Legal Assistance (CLA) is not yet well established apart
from their Moroto Office. The established service providers that have Legal Aid Clinics
in other parts of the country do not have branches in Karamoja. FIDA and LAP offer
primary and secondary legal aid on civil and criminal matters though with different
specialization and target groups. The main challenge of these programmes is their limited
outreach in rural areas where their services are most needed. Each has opened up
branches in selected upcountry district towns.
Legal aid clinics make it possible to provide both primary (court representation)
and secondary legal aid, although they are more effective in the latter, through services
such as: providing legal information and advice, especially of legal rights; undertaking
legal and human rights awareness and education. Legal aid clinics would also be
extremely relevant in training para-legals for Karamoja where there is limited supply of
advocates. They also undertake research, documentation and production of human and
legal rights publication materials, and dissemination, as well as supporting Alternative
Dispute Resolution (ADR) including Mediation, Negotiation, and Conciliation.
Although all the Legal Aid schemes are donor-funded, they are faced with
significant financial constraints, which make it difficult for these organisations to retain
experienced lawyers. Limited funding constrains the abilities of these organisations to
provide efficient logistical support to their legal team. Institutional infrastructure is also
extremely limited.

Option 5: University Law Clinics

In order to enhance access to justice in Karamoja in the long-term, the LABF
should consider setting up a scholarship scheme at Makerere University Law School
(could also be extended to Mukono, Nkozi, Nkumba and Kampala International
Universities) targeting bright students who hail from Karamoja region and qualify to join
University, to pursue undergraduate and post-graduate studies in Law. The scheme could
also be extended to diploma courses and other training for para-legals to serve in
Karamoja.

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 Sponsored students at all levels should be required to undertake research for their
dissertations in Karamoja on issues around which knowledge would increase
understanding of how to enhance access to justice. Sponsored students who complete
their studies could then be encouraged to commit a few years working in Karamoja
(through some form of bonding), under supervision of qualified and experienced lawyers.
Although the first priority for this scheme should be given to Karamojong students,
opportunity could also be extended to students from disadvantaged communities
neighbouring Karamoja. Once the programme has taken off, the LABF and the concerned
Universities could use the sponsored students for establishing University Law Clinics for
internships and clerkship, as well as an orientation programme for pupil magistrates.

Option 6: Public Interest Litigation

Litigation can be used as a strategy to advance the social rights of poor and
marginalized groups. There are a few areas considered as a source of injustice in
Karamoja where public interest litigation can be pursued. The opportunities for pursuing
public interest litigation are provided for in Art 50 (1) of the 1995 Uganda Constitution,
which states that: ‘Any person who claims that a fundamental or other right or freedom
guaranteed under this constitution has been infringed or threatened is entitled to apply to
a competent court for redress which may include compensation’. Article (2) stipulates
that: ‘Any person of organization may bring an action against the violation of another
person’s or group’s human rights’. A few organisations have pursued Public Interest
Litigation in the areas of Land and natural resources in Karamoja. Public interest
litigation has enabled NGOs concerned with social justice (e.g. Uganda Land Alliance,
KADP) and Environment NGOs (e.g. Nature Uganda) to fuse their educational,
advocacy, counselling and litigation roles into an integrated, coherent, people-based
movement for justice.

Option 7: Incorporating secondary legal aid activities onto justice and livelihoods
programs of existing CSOs in Karamoja and referral between CSOs and LASPs
And yet there are several Non-Governmental Organisations (NGOs), which
through their livelihood programmes activities, articulate social justice issues, in ways
that could provide opportunities for entry points for secondary legal aid.
Local NGOs operating in Karamoja such as KADP, MADEFO, KOPEIN, DADO,
among others, have interventions involving peace-building, conflict management,
resolution and prevention as their core business. These NGOs also have potential to
integrate activities related to the provision of secondary legal aid service, especially legal
awareness, sensitisation and education, especially because of the need to build on their
extensive grassroots networks and community structures. These CSOs can also support
para-legal training for community volunteers, and provide research, lobby and advocacy
support for legal and policy reform to influence broader issues of access to justice.
Programme staff of some of these organisations who are not lawyers could be supported
with basic legal training.
In some CSOs, conflict management and resolution interventions involve a
significant amount of Alternative Dispute Resolution (ADR) interventions. The study
team was informed in Moroto that courts were actively encouraging Karamojong to seek
ADR so as to resolve disputes quickly and to the satisfaction of all parties, as well as to

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reduce case loads. ADR involves mediation, arbitration and conciliation, all of which are
critical in reducing lengthy and expensive due processes of the law, and most
fundamentally bring the formal justice system as closest as possible to the principles of
achieving immediate social harmony, which is usually stated as the foundation for
traditional justice system.

7.4.3 RECOMMENDED MODEL FOR ENHANCING ACCESS TO JUSTICE IN

KARAMOJA

Actions required to make potential CSO providers fully functional in providing

Legal Aid in Karamoja
Effective conduct of legal aid requires capacity and support. The demand for
legal aid is high and is for both primary and secondary legal aid. Primary legal aid is
most effectively done by organizations whose core function is legal aid. Many studies
have concluded primary legal services can not be an added-on function of an organization
whose prime mandate is different. Given the social, economic and political context of
Karamoja, and the operational context including general lack of legal services including
referral, the relatively weak situation of JLOS and the high demand for access to justice,
the latter cannot be over-emphasized.
We recommend that primary legal aid be provided by a LASP – existing LASPs
should expand their services into Karamoja and be ‘customized’ to the sub-region. We
would recommend PDAU, FIDA Uganda, LAC and ULS primarily based on their target
clientele (they all target disadvantaged people) and specialized areas of law. Each of
these LASPs has distinct advantages and specializations that relate to various justice
needs of Karamoja. In addition they already have established referral systems, links and
access to JLOS agencies which would facilitate their operational effectiveness vis-à-vis
the formal justice system, as well as national profiles that assist them in navigating the
political context of Karamoja while delivering legal aid.

Table 22: Relevance of National LASPs to Karamoja

Organis Target Specialization Advantages re. Karamoja
ation clientele
PDAU Defendants Criminal  Public defence experience – court representation: most
, prisoners justice accused persons lack representation
 Referral links in criminal justice system: JLOS/ CSO
engagement strategy weak in Karamoja despite SIP II
objective
 Roster of legal defence lawyers: only 1 law firm in
Karamoja
 Staff advocates/lawyers: primary legal aid greatly needed
FIDA- Women, Gender and  Secondary and primary legal aid capacity and experience:
Uganda children family justice, high demand for both types of legal aid
ADR,  Staff advocates/ lawyers: primary legal aid greatly needed
litigation, PIL.  Community-based approach and experience e.g. paralegal
Women’s legal training: community approach key in dual justice system &
defence political/ operational context
 Target clientele and focus on women and the law: gender
justice is a major need

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  JLOS links/referral (police FPU, courts, probation): JLOS/
CSO engagement strategy weak in Karamoja despite SIP
II objective
 National and international profile: security in political
context
ULS/ Civil Civil justice,  Primary & secondary legal aid capacity: high demand for
LAP claimants litigation, PIL, both types of legal aid
(e.g. land), ADR  Staff advocates/lawyers: primary legal aid greatly needed
prisoners  National and international profile: security in political
context
 JLOS links/referral: JLOS/ CSO engagement strategy weak
in Karamoja despite SIP II objective
 Membership roster (all private practitioners): lack of
lawyers in Karamoja, ULS compulsory powers
 Legal status–statutory body: secure status gives protection
in political context
LAC Juveniles Juvenile  Primary legal aid capacity: high demand for court
justice, ADR, representation in criminal justice
litigation  Roster of lawyers (LDC students – possibilities re.
clerkship): lack of lawyers in Karamoja
 Staff advocates/ lawyers: primary legal aid greatly needed
 Legal status– department in semi-autonomous govt. body
(LDC): security in political context/ facilitates access to
govt. bodies. Focus on juvenile justice avoids possible
conflict
 JLOS links/referral: JLOS/ CSO engagement strategy weak
in Karamoja despite SIP II objective

Nonetheless, each LASP would require additional actions to navigate the

operational context of Karamoja, particularly related to entry into the community and
operating effectively in the context of the sub-region (as discussed under characteristics
for legal aid providers, also table below: ‘Issues that have to be addressed for legal aid to
be successful’).
While a number of CSOs and government agencies in Karamoja are currently
doing a modicum of secondary legal aid and some of the latter (government agencies) do
some primary legal aid – mainly ADR, they are not well equipped for it. One means to
address the existing gap in secondary legal aid provision is for national CSOs with high
secondary legal aid capacity that currently do not have programs in Karamoja to expand
their services into the sub-region. The main ones are FHRI, HURINET, and UGRC.159
The advantage is these organizations already have secondary legal aid capacity – the
disadvantage is their lack of presence, acceptability and understanding of the Karamoja
context, a critical factor.
A second approach is to develop and improve capacity of existing CSOs operating
in Karamoja that have relevant programs on peace, justice and livelihoods and
community-based structures to deliver access to justice/ legal aid programs. The
advantage of the second approach is that the Karamoja based CSOs already have access

159
. LASPNET. Access to Justice for All, Report of the Baseline and Needs Analysis Survey on Legal Aid Provision in Uganda.
Funded by Austrian Development Association and HRDP Danida. May 2004

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into the communities and an understanding of the operational context. The CSOs sampled
have already indicated willingness to either incorporate access to justice/ legal aid into
their programs or to collaborate with any organization willing to start such programs in
Karamoja.
Actions to turn Karamoja CSO’s into functional secondary legal aid providers are:

a) Increasing human resource capacity

The government agencies like CDOs need more staff. Additionally, both for
government and CSOs, any staff who do secondary legal aid require legal training and
periodic re-training in the law, human rights and legal aid skills. Relevant areas for
training are law and legal skills (specific regulations and laws, counselling and mediation,
advocacy); client handling skills (interviewing, needs identification, communication,
psycho-social counselling), management skills (administration, record keeping, IT, report
writing, PR).160 Additionally, developing understanding of conceptual issues such as
RBAD, culture, gender, peace and conflict management, and training in other skills like
psychology, and language is necessary. Besides the INGOs and national NGOs, few of
the CSOs in Karamoja have staff trained in RBAD or gender. Many non-Karamojong
require understanding of the local culture.

b) Strengthening Paralegal network

Most organizations identified a need for paralegals to support legal aid services
and need ToT for paralegal or community workers. Extensive training for existing
community volunteers should be done as there is a sizable network of these working
under various CSOs. Most of the CSOs are willing to link their justice or development
programs to primary or secondary legal aid services to improve access to justice for the
community.

c) Support system for staff

Organizationally, the LASP has to develop systems for managing its human
resource as legal aid work is challenging, often complex, requires multi-disciplinary
skills (which law courses often do not provide), is tiresome and often traumatizing for
practitioners. Support systems for managing stress, time and resources effectively have
to be developed by the LASP and not left to individual staff to self-manage. It may be
possible to have a pooled facility for this, for example, one LASP, INGO or CSO in each
district in the sub region could set up counselling services for staff. This is important to
address successful client handling, PR, team building and staff burnout. Internally each
LASP should have regular staff meetings to discuss cases and support case management
officers (legal and social).

d) Legal materials and tools

160
. LASPNET. Supra.

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 The following needs were identified by the study team for potential service
providers in Karamoja:

 Legal materials – laws of Uganda, relevant international and regional conventions,

 Simplified and translated laws such as on the Children and Penal Code Acts, marriage
laws, land laws, commercial laws, the Constitution.
 Manuals and toolkits on legal procedures and community work.
 Visual aids like posters, brochures for IEC and sensitization.
 Reference books on the law, human rights and specific areas of practice

e) Building Referral system

Access to justice requires an effective interplay of justice, social and/or health

sectors. For example, law enforcement and medical personnel play a role in enabling a
victim of defilement access justice. For the LASP to play its role an efficient referral
system is needed between it and other actors in the chain, including JLOS, the medical
sector and others such as vocational training, educational or counselling services. Some
actors would play a monitoring role.

Table 23: Proposed Legal Aid Referral system for Karamoja for improved Access to
Justice
Actor Office Level Expected Role
Police  FPU, Community Liaison  District and  Enforcement, IEC,
Dept. regional level prevention, protection
Judiciary  Court, clerical/ registry  District and  Adjudication
regional level
MGLSD  Probation office  District level  Advice, monitoring
Local  Especially I, II and III  Village, parish, sub  Conflict resolution,
Councils county, district monitoring
Local  CDOs  District, sub-county  Advice, conflict
Government  Commercial officer resolution, referral
 Land office  IEC, advice
 IEC, advice
Civil Society  LASPs  Community level  Primary secondary &
Organisation  Other CSOs (NGOs, FBOs,  Sub-county level legal aid
s networks, CBOs)  District level  Secondary legal aid:
 Regional level all- legal advice, IEC,
training, advocacy
Community  Paralegals  Village, Parish  Secondary legal aid:
volunteer  Sub-county IEC, general advice,
counselling, referral
Traditional  Elders’ council, elder  Kraals  Secondary legal aid,
justice actors women IEC, minor disputes,
referral
Security  CMCC  District  IEC, referral
services
Political  MPs  County  IEC, referral
leaders

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 The training needs analysis will be required for each actor to identify specific
training needs in law, JLOS, RBAD, gender and/ or community methods. There is need
to further map and strengthen the referral system in Karamoja, for example, the study
found LCs are not clear about their role or the law, and have little authority in rural areas
vis-à-vis traditional authorities. All actors in the referral system need training and a
consultation meeting to agree on roles and responsibilities and work out modalities for
cooperation and coordination.

Recommended structure for the delivery of enhanced Access to Justice:

On the basis of the analysis presented above, the study team recommends a
delivery model for enhancing access to justice in Karamoja that constitutes a combination
of various aspects from the above options. The basic tenets of this model will be:

 The four main established, institutionally/organisationally sound national LASPs are

FIDA, LAP, LAC and PDAU. The latter two focus on criminal justice and legal
defence. Some have indicated willingness to expand to Karamoja. It is proposed that a
joint access to justice in Karamoja program funded by the LABF be run, with one of
the LASPs establishing a Secretariat in a district and housing and supporting staff from
each of the other LASPs in that district.
 The District Collaborating Organisations will be selected on the basis of their previous
work with regards to peace building, conflict resolution, prevention and management
and livelihood improvement, on the basis of which sustainable legal aid delivery will
be undertaken. It should be emphasised that in the proposed model, all secondary legal
aid activities in the communities will be constructed around already existing
programme activities of the district collaborating organisation, which will be supported
with significant institutional and organisational development support, including
overhead administrative costs for hosting the A2J Programme.
 In each district where the A2J Programme will be implemented, one or more
established institutionally/organisationally sound and financially accountable local
collaborating partner will be selected from an existing CSO. Care will be taken to
identify and work with organisations that already have strong internal governance and
management systems (or those that demonstrate responsiveness to Organisation
Strengthening and Institutional Development Support that will be provided. The
District Collaborating Organisations (DCOs) will be supported to recruit young
lawyers as project officers, who will be responsible for the implementation of various
aspects of the A2J Programme.
 The selected Access to Justice (A2J) partner organisations will serve as secretariat for
the A2J programme activities. If for example, FIDA hosts the Secretariat of the A2J
programme activities in Moroto, existing FIDA staff will establish working relations
with staff from other LASPs active in Moroto. The same will apply with A2J
programme activities hosts in other districts.
 To stem the emergence of an extra layer of project management, one of the staff of the
host organisation will be designated to manage the A2J activities. Other staff of the
host organisation will also take on A2J activities as and when it necessary to

199
 successfully implement the activities in collaboration with other LASPs in the
respective district.
 In the districts, the A2J Programme will reach out to the communities to provide
secondary legal aid through the existing community-wide structures of the selected
organisations. These organisations will make special efforts to address the various
vulnerabilities within communities as have been identified by this study. Efforts will
also be made to establish and maintain direct formal linkages with the Councils of
Elders in the respective programme operational areas, in both secondary and primary
legal aid activities.
 A major aspect of secondary legal aid will be conscientisation and empowerment
through IEC, and training, targeting communities to build capacity to access justice,
targeting policy makers (LG, LCs, political leaders) to influence policy change at sub
regional and national level and targeting administrative organs (JLOS, security) to
improve rights protection. The A2J program will need a strong training component to
build CSOs capacity in this respect.
 The District Collaborating Organisations will be used as an entry point for identifying
community volunteers as well as para-legals for training through the proposed A2J
Programme. The role of community volunteers will include participation in program
design, implementation and monitoring.
 A referral system will be built linking LASPs, CSOs offering legal aid/access to justice
or related programs (livelihoods and development/peace and justice) and JLOS, LG,
MGLSD, security and political leaders.

7.5 THE MONITORING AND EVALUATION FRAMEWORK

7.5.1 WHAT WILL BE MONITORED?

Monitoring and evaluation will involve measurement of the performance of the

A2J Programme Secretariat in Host Organisations and the District Collaborating
Organisations, as well as achievement of outcomes and realisation of outcomes of the
activities that will be implemented under the A2J Programme, as have been tentatively
identified in sub-section 7.2 above. Some of the indicators that will be monitored are
highlighted below:

Output/Outcome Monitoring Indicators:

On the basis of the planned interventions and expected outputs in the proposed
programme for enhancing access to justice in Karamoja, a number of indicators have
been proposed for monitoring both outputs and outcomes of the proposed programme.
Under the component: “Legal sensitisation, awareness and education”, proposed
monitoring indicators will include the following:

Table 24: Monitoring indicators

Outputs/outcomes Output/outcome Indicators Proposed Targets

More Karamojong aware of and  No. of Legal aid clinics functional
effectively demanding for their  No. of media campaigns
human and legal rights and  No. of educational materials

200
entitlements
More Karamojong seeking remedial
actions against injustices suffered
Para-legals trained and supporting
legal aid in the communities
Community volunteers trained
Under the component: “Support the protection of legal rights of the Karamojong”,
proposed monitoring indicators will include the following:
Table 25: Monitoring indicators
Outputs/outcomes
Laws reformed to conform to human
rights principles and standards
Policy on Legal Aid and LASP
developed
Policy on Criminal defence
JLOS actors supported to enhance
administration of justice
Human rights training provided to
JLOS actor
The human rights situation in
Karamoja improved
Support provided for enforcement of
existing laws and polices
Support provided for promoting
sustainable livelihoods
Under the component: “Primary Legal Aid and Counsel”, proposed monitoring
indicators will include the following:
Table 26: Monitoring indicators
developed
 No. of legal training workshops
undertaken
 No. of Karamojong seeking remedial
actions against injustices suffered
 No. of cases successfully
prosecuted/judgements passed
 No. of para-legals trained
 No. of community volunteers trained
Output/outcome Indicators Proposed Targets
 No. of research studies carried out to
identify law reform priorities
 No. of Draft Bills prepared for
presentation to Parliament
 No. of draft policies developed
 No. of draft policies developed
 No. of sub-counties with effective
Police presence
 No. of Prisons constructed
 No. of sub-counties with functional
Grade II Magistrates’ Courts
 No. of Police officer benefiting from
Human rights training
 No. of Prisons officer benefiting from
Human rights training
 No. of UPDF officer benefiting from
Human rights training
 No. of CIDT cases reported by
Karamojong
 No. of gender injustices reported by
Karamojong
 No. of law enforcement agencies
supported
 No. of viable IGA supported
 No. of links established with existing
sustainable livelihoods networks
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Outputs/outcomes
Civil cases between individuals and
against state
Criminal cases where legal defence
is needed
Public Interest /Strategic Litigation
ADR through mediation, arbitration
and negotiation in Traditional justice
institutions, LASPs, and govt. actors
Output/outcome Indicators Proposed Targets
 No. of civil cases handled pro bono
 No. of criminal cases successfully
handled pro bono
 No. Public Interest/ strategic
Litigation cases successfully handled
 No. of cases settled through ADR
 No. of districts where ADR
functional

7.5.2 HOW WILL THE MONITORING BE DONE?

The monitoring of the implementation of programme activities proposed in sub-

section 7.3 above will be carried out by Project officers in each district, which will report
to the Project Manager. The District Managers of the A2J Programme will report to the
Programme Manager at the Host Secretariat. Quarterly, mid-term and annual reports on
activities implemented will be prepared to show progress that had been made, and as
much as possible, the outcomes achieved from programme implementation.

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