Despite the inconclusive end to the Juba peace talks, the government of Uganda and different stakeholders are going ahead to implement peace, justice and recovery programs in northern Uganda. Apart from the vital rehabilitation of infrastructure and people affected by more than 20 years of war, the sticking factor remains accountability for war crimes committed during the war and reconciliation.
But cultural and religious leaders in northern Uganda are aggressively fronting Mato Oput as having the best potential to bring about accountability and reconciliation.
The KER KWARO ACHOLI – The Acholi cultural institution (kingdom) recently held a massive Mato Oput cleansing ceremony at the palace in Gulu in which many former LRA fighters and collaborators admitted their crimes and asked for forgiveness. But what exactly is Mato Oput, and how will it contribute to accountability and reconciliation?
Mato Oput and LRA war
But how would the Mato Oput be applied in relation to the war in northern Uganda?
“There are two warring parties led by Yoweri Museveni and Kony. The two have killed in both ways. However, the government is like a father and Kony is like a child of that father who has become rebellious. So anything that a child has committed is a responsibility of the father. It is the father who pays for the blood feud,” Lumedo says.
This implies the government has to play a bigger and active role in the Mato Oput process. But will the government accept responsibility of paying compensation to victims of war crimes committed by LRA rebels?
“Mato Oput will be implemented as agreed in agenda three of the peace talks where we discussed accountability and reconciliation mechanisms,” Internal Affairs Minister, Dr. Ruhakana Rugunda who headed the government peace negotiation team told us in an interview.
Dr. Rugunda however did not specify whether the government was willing and ready to pay the compensation to the victims (culuko-paying of blood feud) in order for the whole process of Mato Oput to be carried out. The minister did not also cite any part of the agreement on agenda three that specified how Mato Oput was to be handled, especially the issue of who will pay the compensation. “That is a very important matter. I need to consult and we meet to discuss it,” Dr. Rugunda said. However, the promised appointment did not materialize.
In the aspect of Kony and LRA war where the crime has been overwhelming and has damaged the social fabric of the community, if you are to arrest, you may end up arresting the whole community. That is why we feel that through Mato Oput, we can punish, reconcile, mediate and bring permanent peace,” says Kenneth Oketta, the Prime Minister of Acholi Kingdom.
But some people have criticized Mato Oput for emphasizing forgiveness, and thus likely to promote impunity, given the high level of war crimes (murder, rape, maiming, abductions, butchering, and displacement) committed against people in northern Uganda. Even the peace agreement does provide for trial and punishment for war crimes.
Mato Oput and war crimes
Apart from the compensation issues, Mato Oput has also brought forth several legal issues. Komakech Kilama- a lawyer based in Gulu says Article 126 of the Constitution says courts shall promote reconciliation in most cases. “The Judicature Act which also allows courts to apply customary law can entail Mato Oput. This is a starting legal basis for the Mato Oput at the moment,” Komakech says.
But he says that legally, there is still a big challenge to use a justice system under the current legal framework. “Lawyers, especially those from Northern Uganda, and scholars should make research to see how the traditional justice system can be a form of addressing post conflict situations. Mato Oput might have some shortcomings just like the ICC so the debate should go on to find an amicable position,” Komakech says.
Owor Lino Ogora, the Research Officer of Gulu District NGO Forum says that there is no mechanism, whether informal or formal that can comprehensively deal with crimes that have been committed. “So, the issue of accountability is complex and still stands. But Mato Oput has a very big role to play in the post conflict period. It is good at fostering reconciliation at the grassroots. Reconciliation by Mato Oput is genuine reconciliation because it is participatory and gives everyone a voice,” Ogora says.
Other sections of Acholi community are also encouraging the government and LRA to embrace another Acholi ritual, gomo tong which means bending of spears. Makmot Kitara, the Deputy Chairman of Gulu district says this ritual also symbolizes the ending of hostilities between groups and is also preceded by discussion and truth-telling.
“The traditional system is beneficial to us as victims by ensuring permanent peace and to the rebels because it does not insist on punitive justice,” says Mwaka Emmanuel Lutukumoi, the Acholi Kingdom minister of Youth and Information.
Lutukumoi says that people in northern Uganda are convinced that Mato Oput‘s focus on community participation and acknowledgement of wrongdoing deals with individual guilt in a social context, thus creating reform instead of belligerency.
“The moral question is if all other attempts have been tried and failed, why doesn’t the world listen to voices of people who say we are ready to forgive? We do not need cosmetic justice but need real peace that is long lasting, not grave yard peace where after every one is dead there is peace. That is why we are advocating for our long trusted justice system of Mato Oput,” Lutukumoi emphasizes.
