@article{2026:habimana:uncounted_,
title = {Uncounted Success: Rethinking the Role of Traditional Dispute Resolution in Africa},
year = {2026},
note = {Traditional dispute resolution mechanisms (TDRMs) have long served as
foundational tools for managing conflict across African societies.
Grounded in communal norms and restorative justice principles, these
systems provide accessible, culturally legitimate, and often highly
effective alternatives to formal litigation. Yet, despite their
enduring relevance and demonstrable success, TDRMs remain
insufficiently recognized within formal legal frameworks, marginally
represented in policy debates, and largely overlooked in contemporary
justice sector reforms. This paper interrogates the paradox of
“uncounted success” — traditional justice mechanisms that
consistently deliver meaningful outcomes yet remain excluded from
official metrics, legal education, and institutional support. Drawing
on comparative insights from Rwanda, Uganda, and South Africa, this
paper traces the historical marginalization of customary systems, the
persistence of legal hierarchies, and the structural challenges
inherent in integrating plural justice models. It further engages with
rights‑based critiques and procedural concerns, while outlining
reform pathways that safeguard cultural legitimacy and strengthen
legal accountability. By rethinking the place of traditional dispute
resolution in Africa’s justice landscape, the paper advances a more
inclusive and pluralistic conception of justice—one that recognizes
and values effective practices, even when they operate beyond the
boundaries of the courtroom.},
journal = {KAS African Law Study Library},
pages = {40--63},
author = {HABIMANA, Pie and BYIRINGIRO, Protais},
volume = {13},
number = {1}
}