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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Creating an independent traditional court: a study of Jopadhola Clan courts in Uganda
Author:Owor, MaureenISNI
Year:2012
Periodical:Journal of African Law (ISSN 0021-8553)
Volume:56
Issue:2
Pages:215-242
Language:English
Geographic term:Uganda
Subjects:administration of justice
clans
human rights
customary courts
customary law
Jopadhola
Abstract:This article examines the contribution of clans (kinship institutions) to the administration of justice within the context of standards set out in the African regional human rights instruments. Field work on the Jopadhola of Eastern Uganda is drawn upon, to explore how clans reproduce their notion of an independent court using an abridged legal doctrine of separation of powers, and partially mimicking lower level government and judicial features. The field work also shows how clans accommodate interests of women and youth. Even so, clans retain a largely customary approach to the appointment, qualifications and tenure of court officials. The main findings lead to the conclusion that, by applying an 'African' notion of human rights, clans have created traditional constructs of an independent court: one that is culturally appropriate for their indigenous communities. Notes, ref., sum. [Journal abstract]
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