Chief Justice Dollo backs ADR as key to resolving cultural, civil disputes

Kampala, Uganda: The Chief Justice of Uganda, His Lordship Alfonse Owiny-Dollo, has strongly backed the use of the Alternative Justice System (AJS) as a credible and effective mechanism for resolving cultural and community-related disputes, citing the Bugisu cultural conflict as a successful case study.

This endorsement was made during the recent four-day National Summit on Alternative Justice Systems held at Munyonyo Resort Hotel, which brought together key figures in Uganda’s judiciary, cultural institutions, and civil society.

Among the attendees was Mr. Steven Masiga, spokesperson of the Bugisu cultural institution, who shared the Bamasaaba community’s experience with AJS in settling the long-standing conflict over cultural leadership.

“The Bamasaaba applied ADR methods guided by the Constitution and the Cultural Leaders Act, 2011, to resolve the leadership wrangles that had divided our people,” Mr Masiga told delegates at the summit.

He recounted how, following mounting disputes over the legitimate Umukuka (cultural leader) of Bugisu, the Minister of Gender, Hon. Betty Amongi, invoked Section 16(1) of the Cultural Leaders Act and Article 246(1) of the Constitution to initiate an internal dialogue process.

A council of elders, chaired by Umukuka Emeritus Wilson Wamimbi, was tasked with guiding a consensus process that ultimately led to the official gazettal of Umukuka III in July 2023, setting a precedent in traditional conflict resolution through Alternative Dispute Resolution (ADR).

Chief Justice Owiny-Dollo praised the Bamasaaba for embracing dialogue over confrontation and encouraged other communities, including those in Acholi and Busoga, to follow suit. “If our cultural institutions adopt alternative dispute resolution mechanisms, many of the tensions that threaten social cohesion will be resolved amicably,” he said.

Prof. Joel, a keynote speaker at the summit, hailed AJS as a community panacea—not only for cultural disputes but also for minor criminal and civil matters. He emphasized its role in reinforcing social harmony and strengthening local leadership.

Masiga also drew parallels with Uganda’s political history, citing past ADR efforts such as the 1985 Nairobi Peace Talks between the National Resistance Army (NRA) and the Tito Okello government, mediated by former Kenyan President Daniel Arap Moi.

“If generals can sit at the table to avert full-scale war through negotiation, why not community leaders?” he asked.

He referenced the Government’s engagement with LRA leader Joseph Kony, where figures like Justice Owiny-Dollo, Betty Bigombe, and Robert Mao were deployed to mediate. Those rebels who surrendered were later granted amnesty—a product of successful ADR deployment in a military context.

Masiga asserted that ADR is not only enshrined in Uganda’s laws, such as the Arbitration and Conciliation Act Cap 4 and Article 126(2)(e) of the Constitution, but is also strongly supported by civil procedure rules, which encourage courts to exhaust ADR channels before admitting certain cases.

“Courts now often reject cases unless there’s proof that ADR was attempted,” he noted.

Masiga rooted his arguments in both religious and historical contexts, referencing the biblical example of King Solomon resolving a parental dispute, Prophet Muhammad’s handling of the Kaaba crisis, and scriptural calls for peaceful conflict resolution in Matthew 18:15–17 and Islamic tradition.

He stressed that ADR remains relevant across all sectors—from plea bargaining in criminal law, to corporate disputes under the Companies Act, and road safety and wildlife conflict management.

In a pointed appeal, Masiga urged the Uganda Wildlife Authority (UWA) to de-escalate tensions with communities living near protected areas. He called for UWA to “reduce its hand on the trigger” and instead engage cultural institutions in resolving human-wildlife conflicts through ADR tools like mediation and conciliation.

“We lose lives unnecessarily. ADR can prevent the bloodshed between UWA and our communities,” Masiga emphasized.