Issue 15 – April 2016
TOPICS: Mediation, African Conflicts, Post-conflict Peace Building, Boko Haram, Organizational Conflict
Coordinator:
Christian Chereji and Ciprian Sandu
Content – Sommaire:
ARTICLES in Issue 15 – April 2016:
Mediation in the European Union: The Directive 2008/52/EC and its Effects on National Legislations
Christian-Radu CHEREJI
Abstract:
Recent reports on the use of mediation in the European Union question the strategies adopted by the member states, insisting that the provisions of the Directive 2008/52/EC have not been bold and imperative enough, therefore conducting to the relative lethargy of mediation as an alternative to courts in solving disputes. This paper analyzes the provisions of the Directive and how they have been transposed into the national legislation of Romania, as a case study relevant to the subject. It argues that there is not enough data to claim that these provisions or any other would have had a different impact upon the recourse to mediation in the EU.
Keywords:
Mediation, European Union, Directive 2008/52/EC, Romania, Law 192/2006, Civil
Disputes, Commercial Disputes, Cross-border Disputes.
Africa: Ethics and Post-Conflict Peacebuilding
Nathaniel UMUKORO
Abstract:
Peacebuilding in post-conflict societies in Africa has been a major challenge in the continent since the end of the Cold War. What could be responsible for this? One of the greatest challenges of peacebuilding in post-conflict societies in Africa is making ex-combatants and victims of the conflict live peacefully by upholding the fundamental ethics of their societies. This problem arises because armed conflicts often erode cherished ethics in an attempt to subjugate an enemy. Most peacebuilding projects basically achieve negative peace (cessation of direct and physical violence) rather than positive peace i.e. the transformation of the inherent conflictual relationships, structures, practices and interactions in society). This article examines how reviving fundamental ethics (especially within the African context) in post-conflict peacebuilding process can help people live
together peacefully. It begins with the conceptualization of ethics within the African context and how it contributes to peace. It further examines how reawakening fundamental human ethics in post-conflict societies in Africa can help to bring about sustainable peace. The article concludes with a discussion of how African ethics education can contribute to effective post-conflict peacebuilding.
Keywords:
Africa, African Ethics, Conflict, Peacebuilding.
Nigeria: The Bolstering of Boko Haram versus the State’s Response
Charles NYUYKONGE & Osai OJIGHO
Abstract:
As asymmetric warfare perpetuates in Nigeria, the resultant loss of life and destruction
of public and private infrastructure attributed to Boko Haram has put Nigeria in the international spotlight. Although international support is being deployed to bolster Nigeria’s efforts to repress Boko Haram’s insurgency, mostly in the Northern part, attacks in other cities in Central Nigeria compel the need for more in-depth analyses to understand what fuels Boko Haram’s growth, and determine the best approach to ensure Nigerians’ safety in curbing the insurgency. This paper is premised on the assumption that factors sustaining Boko Haram have yet to be fully understood by policymakers and until that is done, restoring order in Northern Nigeria will remain elusive. The paper further argues that should Boko Haram be responsible for all attacks outside of their key areas in core North of Nigeria then their capability to destabilize Nigeria is yet to be contained.
Lastly, that these attacks are, possibly, the emergence of unknown insurgent groups capitalizing on the fragile security situation to showcase the weaknesses of the Nigerian security forces and government as a whole. What needs to be done by the government is in part what this paper posits in its recommendations.
Kew words:
Boko Haram, Nigeria, Insurgency, Security.
Romania: Conflicts between prison employees in Satu Mare Penitentiary
Liliana Mariana LUPŞICA & Adrian-Grigore POP
Abstract:
This article reports the results of a survey on the conflicts the staff of Satu Mare Penitentiary is facing at their day to day jobs and the causes that generate them. The questionnaire attempted to determine the most significant problems in daily prison activities, the methods used to manage work related (recurrent) disputes among employees and the most important features of the prison environment that lead to stress and conflict.
Kew words:
Satu Mare Penitentiary, Organizational Conflict, Survey.