Power to the People? Abuses of Power in Customary Justice in Uganda

Abstract

ABSTRACT:The local turn has fostered an increased interest in the use of customary justice to resolve disputes and to help societies come to terms with their consequences. But these practices are rarely neutral. It is important to understand that those who have been charged with adjudicating such disputes are often not seen as the rightful holders of those positions, owing either to privileging people with higher levels of education or with greater financial ability, or because spoilers from the outside have accorded privilege on the basis of political affiliation, bravery, or heredity. It is often the case that in many ways, the customary system has been corrupted and operates against its own principles. As a result, the decisions customary bodies render are skewed and/or not seen as bona fide solutions, and people seeking justice for the harms they have suffered are not satisfied. This article examines the complexities of the use of customary justice in Uganda and the impact of the abuse of power on justice.