Filling the gap: customary institutions as governance actors

Abstract

ABSTRACT Customary institutions have taken a lead in providing justice and peace services following conflict in Uganda, taking on governance roles despite being relegated to only cultural status. This has been particularly prevalent in remote areas where government services are lacking, and where customary institutions remain both familiar and accessible. While this has some positive effects, it also has long term negative normative and political implications, which may contribute to uneven service delivery, increasing fragmentation of the state and impunity from the state’s responsibility to address serious crimes. This paper considers the role of customary institutions in delivering peace and justice in the aftermath of small-scale conflict. It argues that indigenous institutions can be enablers of impunity and that there is a need for a more inclusive and integrated framework in which the state works with indigenous structures to ensure service gaps are filled in a cohesive and sustainable manner.