The efficacy of the informal justice systems in addressing domestic violence in Pader District, Northern Uganda

Abstract

The informal justice system is an approach propounded and utilized by communities in addressing disputes, attaining safety, and accessing justice. This study examined the efficacy of the IJS in addressing domestic violence in Pader district, northern Uganda. The key research questions included; the level of public knowledge about domestic violence; the major domestic violence patterns in Pader; key factors that influence women and men’s choices to utilize the IJS in addressing domestic violence; and the methods adopted by the IJS and implications thereof. A cross-sectional research design was employed in collecting and analysing data from 100 participants in Ogom, Pajule, and Puranga sub-counties using both survey guides for quantitative component and key informant interviews and focus group discussion guides for the qualitative components. Descriptive and thematic analysis were used to analyse quantitative and qualitative data respectively. The key findings revealed that domestic violence is perceived by majority of the participants as physical confrontation between intimate partners. Physical violence was mentioned to be the most common pattern of violence mainly perpetrated by cultural norms; individual factors such as drunkenness, adultery as well as socio-economic factors, particularly poverty. Factors that influenced preference in using IJS varied from individual to individual and included economic concerns, such as its cost-effectiveness, convenience, familiarity and trust that the IJS reflects local values. However, some especially women utilise the IJS because they have no means of acquiring any or sufficient evidence that can be used against their perpetrators (primarily husbands and family members whom they stay with), which are the pre-requisite in formal justice systems (courts and police). Domestic violence case resolution through the IJS was found to follow four key approaches: 1. Restorative justice (Mediating conflicting parties in private, particularly at the family level but before a council of elders); 2. Mato-Oput (Mediating conflicting parties in public before elders, after which the perpetrator is issued a warning); 3. Distributive justice (The perpetrator is sentenced to community service, caned or fined); 4. Transitional justice (The perpetrator is handed over to the formal system like police if he/she defies the elders or is accused of committing serious crimes like intentional murder). Addressing domestic violence through the IJS was found to be a key alternative means to justice due to its efficiency and cost-effectiveness, and has contributed to reconciliation and peace building in the district. However, the IJS had some shortcomings. A major gap is the lack of guiding principles for their operation. The IJS is sometimes considered discriminatory due to the unfair representation of women in the council of adjudicators, and this is as a result of the patriarchal settings of the Acholi culture. Findings also indicated that the IJS is sometimes associated with impunity and lack of transparency in judgments especially in cases where the perpetrators are influential or well known to the IJS officials. Conclusively, IJS has the potential to address domestic violence if clear operational guidelines are instigated and followed. The study recommends that the Government of Uganda should establish key principles to guide IJS operations, for greater gender-responsive outcomes.