Author
Listed:
- Nansamba Hadijah
- Dr. Stella Kyohairwe
- Dr. Nyenje Aida Lubwama
Abstract
Purpose: The study examined the impact of the institutionalization of traditional cultural courts (ITCC) on mitigating gender-based violence (GBV) in Bundibugyo District, Uganda. Materials and Methods: The study was grounded in a positivist paradigm and employed a correlation quantitative research design. Data were collected from 203 respondents, including district officers and representatives from NGOs, using structured questionnaires. The study adopted an explanatory linear regression analysis, a parametric test aimed at explaining the effect of the independent variable (ITCC) on the dependent variable (GBV mitigation). Conventional regression (p-value = 0.05) was used as a basis to interpret the findings, where a computed value was above the p-value which indicated an insignificant effect. Findings: Statistical analysis revealed that the institutionalization of traditional cultural courts accounted for only 1.2% of the mitigation of GBV (R² = .012). The relationship was found to be statistically insignificant (p = .553; p > 0.05). Confirming the hypothesis that the contribution of traditional cultural courts to reducing GBV is minimal and not substantial enough to be considered impactful. Additional findings highlighted critical barriers to the effectiveness of these courts, including a lack of legal awareness among court leaders, societal normalization of GBV, and fear of retribution. These findings align with literature on the limitations of traditional cultural courts, especially in rural settings. Implications to Theory, Practice, and Policy: The study contributes to the discourse on legal pluralism and its application in GBV mitigation, emphasizing the need to bridge traditional and formal justice systems. Practical implications include enhancing the capacity of court leaders, integrating traditional justice with formal legal frameworks, and strengthening community education on GBV mitigation. Policy recommendations include adopting and contextualizing GBV mitigation frameworks for more effective interventions in rural communities
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