Showing posts with label justice systems. Show all posts
Showing posts with label justice systems. Show all posts

Saturday, August 27, 2011

ENKOLA MU BASOGA EKHOZESEBWA OKHUMALAWO OBUTAGHEMAGANA (CONFLICT RESOLUTION STRATEGIES AMONG THE BASOGA)


Jacob Waiswa
Situation Health Analyst
Dishma-Inc.
P.O. Box 8885,
Kampala-Uganda
Tel. +256392614655/+256752542504
dishma.imhs@gmail.com
www.situationhealthanalysis.blogspot.com


Background:
An estimated 3 million Ugandans speak Lusoga. Busoga region is shaped by Lake Victoria to the west, Lake Kyoga to the north, and Mpologoma River to the East (Wikipedia, 2011). Basoga have strong historical ties with the Luo (Ayo, C. 2008). The socio-cultural structure made it easy for the Basoga to prevent and resolve conflicts.

It was a segmentary social system comprising of numerous, relatively small autonomous groups -who generally regulated their own affairs, and who could periodically come together to form larger groups and who, in some senses, may collectively appeared to be a single large community (Answers Corporation, 2011).

Jurisdiction was defined according to those levels –with each having power to convene a court session and make decisions without the interferences of the other levels (LoveToKnow Corp., 2006). Indeed Basoga are peace-loving people (Jinja Tourist Center, 2006).

Ebitti Ebyendhaulo Abasoga Byebakozhesa Okumalhawo Obutabanguko
(The Different Branches for Resolving Chaos Used by Basoga):

The main branch was that of ancestral spirits (or emisaambwa) headed by Lubaale –the creator (Uganda Visit and Travel Guide, 2011). The spirits fed Clans (ebikha) with wisdom. The relationship between the spirits and the clan was like that the main river and its main tributary. The clans were headed by Abakulhu abebikha (Clan heads).

Extended families were responsible to the clan heads in as far as preserving the unique behavior of each clan was concerned like not eating specific animals and plants and desist from in-breeding. Amakkha (homesteads) comprised of the Baaba (father), Maama (mother), Abaana (children) and abhenganda (relatives). They also subscribed to large communities with similar traditional norms, culture and origin.

Okubwoigokelha Abaana (Barking at or Rebuking Children)
Anything forbidden or undesirable if done was barked at to prevent it from happening again. Doing so was a responsibility of any member of the community -who could be older siblings, parents and other relatives.

Okubonerezha Abaana (Punishing Children)

Different from rebuking, Okubonerezha Abaana involved smacking or caning them. This, too, was a responsibility of any responsible member of the community. This commenced from as early as 3 years.

Okhuwa Ebiraghilo (Giving Instructions or Laying down Rules)
This was preserved for the parents and any senior member of the community –who could be older siblings, Aunties, Uncles, older cousins, and grandparents. What entailed ebiraghilo were the dos and don'ts (do this... don't do this). Also began from 3 years.

Okubulirirha (Lecturing)

It featured older young men and women –who had passed the stage of being punished by cane or being rebuked (16+ years). Okubulirirha carried an element of gender roles -where boys and girls were lectured about their roles and responsibility according to sex and help to equip them with tools with which manage future challenges; for example on issues regarding hard work, respect, dressing, and marriage.

Different people helped do this kind of job much as uncles and aunties were most favored. Others included mothers, fathers, grandfathers and grandmothers. They intervened in case of mishaps in desired behaviors of young adults.

Okutyaamya Mmu Lukiiko (Being Compelled to Sit Down in a Meeting)
This involved summoning wrong doer from wherever he or she was to attend a stated yet compulsory meeting. The meeting is called to discuss the unacceptable behavior of the wrongdoer and determine the way forward.

The way forward is a resolution reached by the entire community gathered -a meeting that constitutes elders, married people, and chaired by a clan leader. Actions taken include: caution, compensation, fines, and expulsion from the clan. Expulsion from the clan was the highest decision. It was so terrible that individual would not wait until such decision was reached.

Okwheta Abasweezi (Calling for the Services of a Spirit Medium)
The Chwezi influence in East and central Africa left no stone unturned in Busoga. This was a person or group of people –through whom the spirits could guide the community in decision making.

Some of the tasks were to forcefully have the wrongdoer who has just rejected the elders summon to attend the meeting to do saw by 'remote control' or by works of the spirit medium; revealing the truth in cases where wrong doers denied wrongdoing; identifying wrongdoer if he or she was unknown, and so on.

Merits:
Community Participation

Participants represented widest of the society. No costs were attached. Indeed, community participation was social capital for conflict resolution (Skidmore, P. Etal, 2008).

Consensus Building
Decisions reached were democratically voted upon by the community. There was no dictatorship or monopoly in the decision making process.

No Need for Investigation

There was no need for investigations as culprits were well-known. So in the meeting, it was a matter of the community letting the culprit know that they were aware of his misconduct, and whether he or she was aware of his or her misbehavior. That saves time.

Reintegration, Reconciliation and Community Harmony
The major aims of the Basoga justice system were to provide sufficient space and distance for reintegration of culprit into the community, reconciliation through forgiveness, and necessary compensation arrangements.


Demerits:
Summon to Attend Community Meeting had to be Adhered to

There was no way one would say no to attending the meeting once summoned. Even as far as overseas the spirits would posses him or her and bring him or her for the meeting.

No Defense Lawyer for the Culprits in Case they had Phobia to Face Public
Not every person can stand before a huge gathering to explain his or her wrong doing to the public. Some could have social phobia.

Listening Fatigue:

Lectures were often so long that listener developed listening fatigue. As a result, they soon turned out to be more of a punishment than a necessary source of knowledge.

Some Actions Used by Basoga are Today Forms Child Abuse:
Barking at children and caning today constitute physical abuse, emotional abuse and psychological abuse. Basoga are famed for that (Nalunkuuma, M. 2004).

Harmful Spirits:
They are widely believed to cause mayhem to the community by causing illnesses and death until rituals were organized to free person of the harmful spirits and eventually get well. They can be powerful weapons in a conflict (Ultimate Media, 2011).

Conclusion:

The socio-cultural design of the Basoga society was both conflicts preventing and resolving in its functioning. Little or nothing has been done about the lack of written materials on conflict resolution among the Basoga.

The responsibility now shifts from the elders whose source of information is their memory to the new generation –who have gone to school (Kakamwa, C. 2010). And some methods are in conflict with the contemporary thinking and practice, which threaten the traditional Basoga justice system. A common ground ought to be set to avoid possible conflict between traditionalism and modernism.

Monday, August 8, 2011

THE MERITS AND DEMERITS OF INDIGENOUS CONFLICT RESOLUTIONS MECHANISM: A CASE OF THE BASOGA'S MEETINGS (OKUTYAAMYA)


Jacob Waiswa
Situation Health Analyst
Dishma-Inc.
P.O. Box 8885,
Kampala-Uganda
Tel. +256392614655/+256752542504
dishma.imhs@gmail.com
www.situationhealthanalysis.blogspot.com


Background
Lusoga is spoken by Ugandans in Eastern Uganda; 50 to 100 miles, east of Kampala. With over 3 million Ugandans –who speak Lusoga, it turns out to be one of the major languages in the country –alongside English, Luganda, and Swahili.

Different authors put it second to Buganda in as far as the population size is concerned. Basoga speaking people are surrounded by Lake Victoria to the west, Lake Kyoga to the north, and Mpologoma River to the East (Wikipedia 2011). 1

The conflict resolution system among the Basoga is one of the most interesting ones that only suffered defeat with the arrival of Europeans in 1870s. They structurally eroded Soga culture to unprecedented levels, let a lone the absence of records on how the Basoga resolved conflicts.

For example; the idea of Kingship was alien –meant to ease colonial administration. Instead, Busoga shrived on clan system –with either limited or no role for chiefs –who were only known for mobilizing people to resist anything alien (Mbbe). That won them a label abemputu from the Baganda (stubborn) (Balunywa, 2009). Okutyaamya (facing a family, village or clan meeting) was the approach used to resolve conflict.

Conflict Resolution at Family Level (O'butagemagana Ku Idhaala Elya'maka)

Conflict resolution (okumalawo o'butagemagana) had its first place in the family. It is also where conflict traits can be examined. It was both the epicenter of conflicts and immediate court to resolve it. Among the Basoga, families were extended type –consisting of father, mother and children, step brothers and sisters –followed closely by grandparents, aunties, uncles and cousins.

Conflict Resolution at Children Level (O'butagemagana Ku Idhaala Elya'baana)

Young siblings reported to older ones –in case of conflict between them. Older siblings ensured younger ones behaved in a way that was socially and culturally acceptable. Common troubles among younger siblings were; fighting for objects they used to play with and to show individual or group power between children of different families or parents.

In other words, older children deputized their parents in resolving cases at their level. When boys grew older (16+), they built huts around the homestead –usually to provide protection to their vulnerable sisters and parents.

Children and Gender (Abaana Obowala na Abaleenzi) in Conflict Resolution

Gender element mattered a lot in the care and discipline of siblings. Older male siblings were responsible for the welfare of younger male siblings. The same was for older female siblings towards their younger sisters.

Common at that level were conflicts between step children. Conflict at that level easily got blown up to conflict between older step children and later to one between step mothers. At conflict level between step mothers fathers were the only referral point.

Mothers (Ba'maama)
The power of mothers was insignificant in the family. They were in a similar position as children. They used power of words to cool down situations from going out of hand –and advocated a win-win strategy in conflicts involving children. They preserved children secrets not to come to the attention of the much-feared father (household head).

Household Head (Omukulu Wo’luya)
The household head was highly respected –if not feared –by whoever lived in his homestead of about 30 to 60 people. They handled cases that defeated mothers and those between older children and wives.

Household heads were naturally charged with ensuring discipline in the family –usually consistent with the cultural and social norms. They were known for action, not words. When approached for intervention, or when a given person has failed to heed to instructions from older ones, he simply swung into action to fiercely beat up the wrong doer.

The beating lasted until it elicited a call for forgiveness. Forgiveness was always welcome –to make a new beginning in the relationship between the punisher and punished as well as the wronged and the offender. In case the accused made insults that demeaned the father’s position, extreme of household head’s decision would be to withdraw parenthood.

It was horrible for the accused if that happened. In fact, him-self could not wait until such a decision was reached. He would quickly plead for forgiveness. Rarely could he fail to impart desirable behavior in members of his household. However, household heads tended to generate more of fear than respect.

Aunties and Uncles (Ba'seenga ni Ba'kooja)

Aunties and uncles had respectable positions among the Basoga –regardless of their age. However, their social role began when they were reasonably mature. They were known for being impartial during family conflicts. They overruled father’s position if they felt his decisions were too harsh.

They advocated reconciliation and restoration of family relationships. They were true ‘lawyers’ for the children. Besides, they were approachable, so children often sought counseling on their day-to-day developments. They are still excellent today.

Grand Parents (Ba'daada)

These provided refugee to children who fell out with their parents –or for some reason, no longer had parents. They provided the love similar or at times even more than that of parents –enough for the neglected child to feel at peace –until either he or she was restored with parents or old enough to solve his or her own problems.

Grand parents were so much full of love that they saw no blemish on accused grand children –regardless of any existing truth about children’s behavior. For that reason, they were criticized for being more of spoilers of children than constructors of rightful morals in them.

Clans (Ebikha)
Busoga has over 200 clans. 2 They solved cases regarding incest, land conflicts, and distribution or redistribution of family wealth. Clan meetings constituted the clan head as the chairman, mother of the accused, household head (who refers the case to the clan), his brothers, the elderly and all married people (understood to be responsible members of the community or adults).

Commonest decisions taken were: punishing culprit, to fairly redistribute family wealth, to forgive and guarantee community acceptance of repentant person, and excommunication in very extreme cases.

Clan leaders did not have term limits; the position was a reserve of the wealthy. Clans occupying a given sub region were manned by a county chief (Omukulu we isazza) –a local government or political representative.

Abasweezi (Spiritualists)

The Abachweezi influence in East and Central Africa did not leave stones unturned in Busoga –most especially regarding the concept of God. They gave birth to the Abasweezi movement in Busoga.

They were consulted in case of a dilemma in the community –to elicit explanations about the cause undesirable events. They took with them community members to a sacred place –to invoke spirits for guidance –with the help of songs, drums and sporadic dances.

In the course of time, they possessed one of the dancers –who then revealed vital information or explanation to the community. Through them, a community meeting was able to prove guilt or innocence, to invoke the dead person’s spirit to reveal his wishes (or will), and to explain a community dilemma. Some section of the Basoga used the power of the spirits to cause harm to other community members. Critics say songs sang by the Abasweezi were so obscene.

Conclusion
Indigenous conflict resolution mechanism presented above greatly helped to preserve peace among the Basoga community. However, the approach was eroded by Bunyoro expansionism, Buganda-British imperialism and, now, neocolonialism. The ‘modern’ judicial system today makes no reference to the indigenous one.

To revitalize the indigenous approaches, there is bound to be a conflict –which if resolved to Basoga’s favor, their culture will be redeveloped, their religion reborn, and African solidarity built and strengthened.

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