The right to development in post conflict societies : lessons from the Acholi people in northern Uganda

Abstract

The Acholi people have remained poor despite the existence of a legal regulatory framework to guarantee enjoyment of the right to development (RTD) in Uganda. The study, therefore, seeks to explore alternative approaches for the protection and attainment of the RTD for the Acholi; a society that recently emerged from a conflict that lasted over 20 years. The conflict stifled the Acholis’ development opportunities and stripped them of their culture, a corner-stone for development in their society, due to forced encampment. The broken cultural system had the effect of limiting access to development opportunities. In the absence of protection from cultural structures, access to land and other sources of livelihood, the Acholi were reduced to a life of abject poverty during and after the conflict.

The objective of this study was two-fold. First, to contribute to the debate on justiciability of the RTD for the Acholi by questioning the efficacy of the legal, policy and institutional framework for the protection of developmental rights in the post-conflict setting. The study also sought to explore the use of alternative approaches, including a clan-based development model, to facilitate development of the Acholi. This is in line with the right to self-determination which recognises the right of all people to freely participate in their development.

From a theoretical standpoint, despite its controversial nature, the study shows that the RTD is indeed recognised under the African Charter, and is, therefore, justiciable in Uganda by virtue of article 45 of the Uganda Constitution. However, the legal basis upon which the RTD can be claimed is weak given that the right is only justiciable at the African regional level, beyond the reach of an ordinary Acholi of limited means. Its justiciability alone has remained contentious not just in Africa but also in the international realm.

The study advocates for the adoption of a clan-based development model to tap into the pre-conflict Acholi clan structure through which development could be communally attained. This process would be state-funded through public-private partnerships in a bid to facilitate sustainable and meaningful development in Acholiland. The study advances the need for legal and institutional reforms; including, constitutional reforms to give formal recognition of the RTD in the bill of rights. The recognition of the role of culture in development planning and peace processes is also advocated for as it is critical for ensuring sustainability of peace and development.