TOLU/TONU AK.A VUNA A LEJJO JO KA – MADI LOCAL JUSTICE SYSTEM

The Social and Political system of the Madi

The social and political system of the Madi include established clans and kinship under traditional rulers which all the subjects in one geographical area pay their allegiance. There are clan and village leaders and family units who ensure that law and order within communities are kept and maintained socially, people do not worry within close relations, communal field work, feasts, hunting and funerals take place which brings about consolidation of unity, cooperation and peace. Marriages normally take place in churches, in homes of bridegrooms and in the government Administrators office. Traditional shrines are respected. Hereditary rulers and their spouses are buried in those sacred places (rudu)

Society, Social Events, Attitudes, Custom

The social and political set-up of the Madi is closely interwoven with spirituality and this informs their attitudes and traditions. The society is organized in chiefdoms headed by a hereditary chief known as the Opi. The Opi exercised both political and religious powers. The rain-makers, land chiefs – vudipi (who exercises an important influence over the land) and the chiefs are believed to retain similar powers even after their deaths. There was a hierarchy of spirits corresponding exactly to the hierarchy of authority as it existed in the society. The Opi (Chief) is the highest Authority in Madi, he is followed in rank by the community of elders who are responsible for resolving disputes, in the clans/villages. Assistance to extended families plays a major influence and role in maintaining ethnic or kinship ties. Harmony among the Madi people is kept because there exists big respect and peace amongst the people of madi and aliens. There is no social or political exclusion of all those who chose to settle in the district, trade is liberalized, when it comes to justice, no Kangaroo law is applied but only fair deal and trial is accorded to each side cases are not solved in the same way.

Judicial System

The chiefs and clan elders exercise judicial powers of settling cases. However, in cases where the suspect pleaded innocence to accusations of stealing or adultery, the witch doctor was consulted. The witch doctor would take a handful of spear grass and order the accuser and the accused to hold each end of the grass. The witch doctor would then cut the spear grass with an arrow. Whoever was guilty would fall sick and the truth would establish itself through the consequences.

The Madi Disputes

From time immemorial, the Madi fought bitter tribal wars with Kuku, Acholi and the kakwa. Fighting or disputes so arose because these three tribes wanted to grab land of the madi because there were deposits of iron ores found in the tribe. They also had vested interest in rustling cattle. Human beings were taken as captives to go and serve as housewives, domestic servants and provide labor force in the fields of aggressors. This angered the madi and they then took to fighting. As a result of these disputes, the madi lost some land and human beings to the external forces.

This is evidenced by finding some madis in Acholi land called the madi opei; madi lukai in eastern Equatoria in the Sudan, palukere in Atiak (Acholi land), in Sudan one will get moipi, parego and Pamoju in Kajokyi district. These people were taken as slaves. As for the Kakwas, the madis overpowered them and captured some people as prisoners of war. The captives were then settled at a place called Leli cave in Itula sub-county.

The consequences of the disputes included huge loss of properties, loss of human lives, crimes against humanity such as rape, sodomy defilement, child abuse, forced labour, and loss of madi land to kuku, Acholi and kakwa.

Vuna a lejjo jo ka, is a system where by an aggrieved party approaches a group of elders or a chief or Mukungu to whom the dispute is reported.

There are three levels of dispute resolution in Madi;

The first level is where there is a dispute between parties are related to each other e.g. brothers or sisters, a husband or a wife ( domestic dispute), here the elders headed by the head of the elders summons the parties to a particular place, where the complainant, gives his/her version of the story in public ( this process is called Laki), where necessary the elders may ask the complainant some questions, once the complainant has finished speaking the accused party is also allowed to speak and respond to the allegations before the elders, and should it be found out that the accused person is not telling the truth then the head of the elders, makes a decision on what punishment should be meted out on the accused party. The punishment is usually in the form of fines (money) and buying local brew e.g. “Moyo Moyo” “Kwetto”, or “Wirri”, in case a person stole some thing he or she would be made to return the property or buy a new one if the property has been destroyed.

Inter clan/village disputes over land, e.t.c

In case of an inter clan fight in the village, the elders would usually meet, at the border between the two clans or village and all the relevant ceremonies would be performed at the border of these villages and witnessed by both sides.

The procedure followed here was that elders from both clans/villages would meet to resolve the dispute and each side would then produce a cow or a sheep which would be slaughtered and the meal is shared by both clans/villages, this act is meant to bring harmony between the parties in madi culture.

Disputes where there are killings

Where a person was killed as a result of the inter clan/ village disputes, there would be a cleansing ceremony performed by elders from both sides, a sheep would be slaughtered and the meat is shared by both sides.

And usually the relative of the deceased would be compensated for the loss of life with cows. In the course of time, where a killing takes place, the procedures have changed with more people preferring to take the case to the local authorities or the police to have the matter resolved.

Disputes between the Madi and another tribe

When this happened, it was a must for the Opi (Chief) to approach the leaders of that tribe, so that they can resolve the dispute amicably, this has been done in border disputes between the Acholi and Madi at Adjumani.

Peace Talks and Reconciliation

These disputes were resolved by initiation of peace talks and reconciliation by the two parties at designated locations. The same system or procedure is used from that time up to now.

Peace talks were initiated by hereditary chiefs where council of elders from both parties come together to iron out their differences. The two fighting parties exchange what is called “peace building spears.” A stray dog is caught and then axed dead to symbolize cessation of further occurrence of bad omen in both places, each side brings one man and the two animals are speared dead and then left there to be pecked by vultures and other wild animals. Two bulls are similarly offered by the parties. They are slaughtered at a chosen location and the community members shall feast upon them together. But before that, the liver is roasted ad then each person present eats the pieces of offal.

There is an always a specific place made known to the two parties where the rite is supposed to take place. The parties must voluntarily accept to be involved, unless the actor admits his crime, no rites shall be performed, and one veteran elder with undisputed integrity shall under take charge of the ritual performances. Everybody will accede to performances. Everybody will accede to the final decision of the appointed head man.

The objective of this procedure is to bring peace amongst the communities of the tribes, to promote peaceful co-existence among the different ethnic tribes, to encourage inter-marriages and free trade amongst the tribes, encourage and sensitize communities to have the spirit of forgiveness and avoid the system of an “ eye for an eye”.

This procedure is still in force and unaltered. It takes both traditional and solemn forms, including culture and norms of the tribes.

The value that provides the foundation of the procedure is morality, which is held high and is appreciated in the community. It brings about sustainable peace in the society, and there is respect for all persons regardless of social, political and geographical status. “Opi Ni Ukwea opigo Nyoli a tzo ni ofuku.” Peace is enjoyed by all stakeholders since peace and tranquility is the pre-requisite to development. In true conflict resolution and management as well as reconciliation redressing the situation of the survivors is not allowed because this may create a “win-lose” continuum.

These procedures shall involve coming up in open to declare at once whether one is wrong or right on the spot. There is no punishment or compensation paid to the affected or to whom harm was inflicted, otherwise what is aid (vunaico) fine by the person found to be in the wrong to the community is just enough.

Whether a person is wrong or not is decided and declared after critically examining evidence from both sides. The communities will also carefully weigh arguments from both sides. The views of the majority decide who is wrong or right the matter is ruled like wise without any appeal.

Roles during the Procedure

The role of the victim or survivor are to pardon the perpetrator by sincerely testifying before the community that he/she has forgiven all the wrongs the actor had committed on him or her. The perpetrator is to openly admit his unbecoming action on the survivor, to apologize profoundly to the victim in the presence of the communities where need be such statements could be documented or taped for future reference.

The communities’ role is to restrain from being biased or partial in testifying the cause of events between the disputers, to appeal and earnestly ask both parties to forget all what had transpired, forgive each other and start a new life.

Community members requested not to revive the old wounds (Andra Odiru nyagbwolo oku si). Each party is given ample opportunity to detail without duress the circumstances that surrounded their dispute.

Sexual Violence/ Martial Disputes

Sexual violence in matrimony is solved by first of all brining the couple before the go-between ( best man and matron) if this attempt does not yield any positive results the matter is tried by the representatives of the wife and husband, should this fail again that matter shall be forwarded to the parish priest and his ecclesiastical council. All these trials are carried out behind closed doors and discussions are kept top secret. In case of a member of a clan, the adulterer pays a heifer to perform a ritual known as removal of semen from the girls’ womb (udrwe egu). The husband of the woman receives the heifer. A ram is slaughtered to cleanse the home and house where the fornication took place. The two parties involved are anointed with faces of the ram, and later the council of elders eats the beacon. A hoe is thrown in the center of the compound and the most senior elderly man will collect it when the ritual is completed. The hoe is to curse off all the wicked behaviors that the two persons brought to the home. An outsider shall pay a mature heifer as KBT to the owner of the wife. On top of that he will pay two goats plus a he goat with which the community partners shall celebrate the occasion.

Children and Violence

Children are disciplined by canning them in public and giving them serious warnings, the number of beatings depends on the magnitude of the offence and age of the children. In the final analysis, their parents are cautioned to teach their children in a good moral way.

The perpetrator of child abuse shall pay a fine of a ram with which the girl and the home are cleansed. A bull is also charged on the perpetrator. It is killed and eaten by the conflict mediators. He also produces a heifer for the uncles of the girl, which they will take along at the end of the day.

Meanwhile, the uncles of the girl will bring a ram which shall be used to cleanse the girl alone so that such a misfortune may not befall the girl again. No peer groups get involved in solving this dramatic scenario. A Child mother in a family is brought before the family members and is asked to confess as for whom the womb is. If a relative is found to be responsible for that pregnancy, all ritual procedures and fines are exactly followed as per no.14 clan sexual violence. The begotten child will be sent to the mother’s uncle after attaining reasonable age. Where a non relative claims the pregnancy, the child mother will be sent to her husband on condition that, he cleanses the home by killing a ram. As a reconciliation aspect, the girl is not stigmatized or rebuked. She will rather be warned to guard against such unwanted occurrence in future. A child born is named either Bajala or Minzira or Faidha depending on the sex of the child

Witchcraft

The suspect would be banished or isolated from the community and if the suspect has children his or her children would not be married by the community members, he or she must leave the village, if the person refuses to leave the village, his or her home would be destroyed.

Banishment from the community would take as long as three years, after the situation has cooled down or people decide that the person has now reformed his or her ways

Adultery

The elders would summon the man and woman when a complaint has been made, and children would not be allowed to be nearby when the elders are making a decision on this matter, the man usually pay a fine of a sheep, goat, and some times a cow and he would be seriously warned not to repeat this act, in extreme cases the aggrieved man may sent away his wife and demand that the father of his wife returns his bride price (Mali).

Other crimes

Crimes such as arson, rape, defilement robbery with violence, treason cannot be tried at this level, since they are capital offences, triable by judges that could carry the sentence of death or life imprisonment. There is no tit for tat, since this can create more social violence among the community settings.

“Fairness” during the Process

Both parties are given an opportunity to fully explain their positions, witnesses or assessors must control their emotions and desist from biases, they too should refrain from being nepotistic or favoring a side. The interim chairman shall exercise neutrality as much as possible, in the mean time, the process of hearing the conflict shall be held public. The view of the majority will be embraced, taken, respected and implemented.

Principles and Proverbs

The principle that guides the decision is the following: “there should be no repeat or taking pride in what was reconciled upon what so ever.” Decisions reached must be respected at all costs. Proverbs that is applicable for combatants, e.g. Government of Uganda and the LRA et al: a) Do not play with a wounded buffalo, lest it may emit all annoyance on you in a swift second. b) Let sleeping dogs lie c) Fire cannot be extinguished with fire d) History repeats it self e) When two elephants fight, it is the grass that suffers f) Man made problems cannot be solved by the barrel of the gun.

Allegations on LRA and UPDF Crimes

The LRA functionaries should be pardoned; they should surrender without any pre-conditions. Let them come in open and kneel down on their knees and confess and repent for their crimes against humanity they have committed so far. The middle and low cadres similarly must once and for all lay down their arms, accept to be integrated in their respective communities, those who are still physically fit could be absorbed into the UPDF, while child soldiers should go back to school or other vocational training institutions. The ICC should be flexible to the current peace talks being brokered by our Sudanese brother Dr. Riak Machar the vice president of Southern Sudan, after all laws change with time and space from situation to situation

Traditional Justice Mechanisms Then and Now

Traditional justice systems will continue to have meaning for young people. The rites play an important role because it models the behaviors of our children and make them accountable for their behaviors in their daily life. The dispute resolution mechanisms have been used for such extreme crimes before. Granting clemency or pardoning prisoners of murder, arson, treason, corruption, defilement, rape by presidents of Uganda are examples that are available. In the context of conflict, justice is a system where a playing field is leveled for two people in a contest, in other words, giving Caesar what belongs to Caesar. Fair-mindedness and fair deal is pursued in the event of a problem solving.

Source: A PDF document at http://www.iccnow.org/ page 22-31