Balancing Retributive and Restorative Justice Processes at the National Level: Addressing Violence Against Refugees and Asylum-seekers in Uganda

This interdisciplinary qualitative research on Uganda combines an empirical approach with an analysis of theoretical studies. It argues that the retributive-oriented state justice system should take a more hybrid approach by absorbing the restorative method of traditional justice systems arbitrated by community leaders to improve the way sexual and gender-based violence (SGBV) cases of refugees and asylum-seekers are addressed. The goal is to examine the interlinkages of restorative and retributive justice and why both systems should be better integrated to enhance ways of addressing SGBV. It is argued that there will be a positive impact on people in Uganda, including refugees who have suffered SGBV, if such an integration of both systems occurs. Drawing from interviews, it uses a theoretical framework of direct, structural and cultural violence within the continuum of violence. In this context, the study argues for a hybrid approach to depatriarchalize domestic justice systems, whether retributive or restorative justice, to contribute to better and more victim-friendly systems that consider the views and hopes of SGBV survivors.