Let’s embrace ADR to end escalating community conflicts

Bamasaaba clan leaders have effectively employed Alternative Dispute Resolution (ADR) to end longstanding cultural leadership disputes, setting a national precedent on managing community conflicts through peaceful means.

By Masiga Steven

Mbale, Uganda: The Bamasaaba cultural institution has successfully employed Alternative Dispute Resolution (ADR) mechanisms, as guided by the Constitution of Uganda and the Cultural Leaders Act, 2011, to resolve a protracted conflict over the rightful cultural leader of Bugisu.

In a landmark intervention, Gender Minister Hon. Betty Amongi, relying on Section 16(1) of the Cultural Leaders Act and Article 246(1) of the Constitution, assembled a team of respected elders chaired by Umukuka Emeritus Wilson Wamimbi. This team was tasked with extinguishing tensions that had fractured the Bamasaaba community over who should rightfully hold the title of Umukuka.

That dialogue, which took place in July 2023, birthed consensus and culminated in the government gazettement of Umukuka III, in line with Section 6 of the Act. Since then, peace has returned to Masaabaland, with no further public outcry over the matter.

One of the leading judicial voices on ADR, Justice Borough, once described it as “justice between man and man.” Uganda’s legal framework provides for its implementation, notably through Articles 126 and 246 of the Constitution, and through the Arbitration and Conciliation Act, Cap 4.

Historically, Uganda has used ADR in both civil and political crises. The 1985 Nairobi Peace Talks, mediated by Kenyan President Daniel Arap Moi between the NRA and Gen. Tito Okello’s forces, were classic ADR engagements that helped avoid prolonged war. The belligerents chose mediation and negotiation over military confrontation, not for lack of weapons, but in pursuit of peace.

Similarly, when Joseph Kony was devastating Northern Uganda, government emissaries including Justice Owiny Dollo, Hon. Betty Bigombe, Hon. Robert Mao, and Hon. Ruhakana Rugunda used ADR channels to persuade Kony to abandon rebellion. Many combatants who surrendered were granted amnesty—a testament to the power of peaceful dialogue.

My intention here is not to delve into textbook definitions of ADR or its pros and cons, but rather to re-emphasize its practical utility in our communities. ADR allows for flexibility, retains social harmony, and promotes a win-win outcome—disputants walk out of mediation as brothers, not adversaries.

ADR is especially effective for civil or private conflicts, and those leading such processes must be clothed with legitimate authority so that outcomes can be recognized even by the formal court system if necessary.

ADR is as old as conflict itself. Uganda’s legal system increasingly mandates its use. For instance, Article 126(2)(e) of the Constitution promotes quick justice, and civil procedure rules encourage judges to first confirm whether ADR was attempted before hearing certain matters. Some courts today will not hear a case unless proof of failed ADR is presented.

Beyond Uganda, ADR’s legacy stretches into biblical and Islamic traditions. Prophet Muhammad (PBUH) used it during the reconstruction of the Kaaba, avoiding what could have been a divisive conflict. King Solomon resolved a fierce parentage dispute using similar wisdom. The Bible, particularly Matthew 18:15–17, encourages believers to resolve disputes privately and peacefully. The Qur’an also promotes reconciliation, conciliation, and arbitration.

ADR has found utility even in Uganda’s criminal justice system, through mechanisms such as plea bargaining. It’s also embedded in the Companies Act, Road Safety Act, and many other legal regimes—ADR is literally everywhere, and no one is exempt from its reach.

Recently, during a presentation on behalf of the Bamasaaba cultural institution, I urged the Uganda Wildlife Authority (UWA) to collaborate with cultural institutions to resolve conflicts over encroachment into protected park areas using ADR. Fatal shootings between UWA personnel and community members are unacceptable. UWA should adopt dialogue tools like mediation, conciliation, and negotiation over using force.

Let us all commit to mainstreaming ADR across Uganda, from clans to courts, from ministries to military zones. It is not a sign of weakness to pursue peace—it is a sign of wisdom.

The writer is the spokesperson of the Bugisu Cultural Institution.