15:30 - 17:00
Room: Aston Webb – Senate Chamber
Stream: Political Legitimacy and 'Customary' Rule in Local African Contexts
Chair/s:
Inge Brinkman
Heritage as Living Law: The Return to Te-Kwaro (Tradition) among the Acholi after the Civil War in Northern Uganda
Betty Okot
Keele University, Newcastle
Luigi Giussani Institute of Higher Education, Kampala, Uganda

Acholi customary law and practices gained more visibility in contemporary scholarship with the end of the Lord’s Resistance Army (LRA) war in the late 2000s. This paper recognises that legal anthropology considers customary law as contradictory or comprising of amorphous cultural constructs – rules, habits and norms and therefore weak (Comaroff and Roberts 1981: 18). However, the post-conflict Acholi experience demonstrates that it is from this very unstructured nature that customary law draws resilience, evolves or – actually lives. Hence, in the re-settlement period, the Acholi inter-faced with different moments of customary law in pursuit of the home and te-kwaro left behind. This pursuit of a home though actively conveyed through the ideals of dok cen (return) to wii obur macon (the abandoned homestead) reaffirmed the crucial role of the chiefs in (re)interpreting customary law in present circumstances, the paper demonstrates. Moreover, for the Acholi, the awareness of and identification with that obur macon reiterates the idea of inheritance in perpetuity and continuity on the land. Therefore, the homestead whether past or present, provides a nexus for the three groups of owners, i.e: the living, the dead and the unborn. Around this trio, a sense of permanency, even eternity closely tied to identity, belonging, kinship and ancestry or in essence te-kwaro as enshrined in customary law allow the people to maintain a custodial relationship with the land. So, through the wii obur macon, the Acholi apply the philosophy of stewardship. This paper considers how in the contemporary legally pluralistic Ugandan context, customary law legitimises land ownership or inheritance through identity and belonging among the Acholi. Besides implying that customary law goes through a purely organic process, its oral historical quality provides exponents concrete points of reference. Consequently, the paper addresses the implications of the orality of customary law for society’s interactions with it under different circumstances, including the ability to negotiate, ally and manoeuvre. Secondly, the paper examines how customary law is re-instated as legitimate and binding in the pursuit of te-kwaro through dok cen to the wii obur macon after the conflict in Northern Uganda.


Reference:
Th-A35 Political Legitimacy and Local African Contexts 4-P-001
Presenter/s:
Betty Okot
Presentation type:
Panel
Room:
Aston Webb – Senate Chamber
Chair/s:
Inge Brinkman
Date:
Thursday, 13 September
Time:
15:30 - 15:45
Session times:
15:30 - 17:00