TOPICS: Alternative Dispute Resolution, United Nations, Menguddo, ODR
Christian Chereji and Ciprian Sandu
ARTICLES in Issue 26 – January 2019:
Liberia: Understanding Alternative Dispute Resolution Mechanisms in Post-Conflict Societies
Olugbemiga Samuel AFOLABI, Harrison Adewale IDOWU & George Tee FORPOH
Conflict and its resolution have often been part of human history. While the post-colonial state has often been the focus when explaining the persistence of conflicts and its resolution in Africa, the benefits of such focus and analysis has not been enough to explain the intra-and inter-state nature of conflicts and conflict management in Africa. This necessitates a reconsideration of conflict management strategies. Such reconsideration will show the intricate ways conflicts and its resolutions are shaped, especially in post-conflict societies, through the instrumentality of Alternative Dispute Resolution (ADR) mechanism. With Liberia as the focus and unit of analysis, it noted that the country has been the epicentre of several years of violent conflicts with both internal and external dimensions, raising questions about the effectiveness of the orthodox conflict management mechanisms given that the Liberian conflict was intractable for a long time. However, the adoption of alternative dispute resolution mechanisms has helped resolve most, if not all, of the conflicts. This paper, therefore, examines the local, traditional and communal alternative dispute resolution mechanisms used to solve the Liberian crisis. Specifically, the paper interrogates traditional methods of conflict resolution, inclusive of communalism, ethnocultural perception of conflicts and its resolution, as well as epistemic and ethical protocols guiding peace-building efforts. This is with the aim to provide an understanding of Africa’s peace initiatives, choices and options.
ADR, Post-conflict Societies, Liberia, Africa.
Sierra Leone: Critical Discussion on Conflict Resolution Mechanisms in Post-Conflict Societies
The aim of the current study is to explore the conceptual development of African civil conflicts with regards to five global dimensions in the African Societies. Sierra Leone Conflict and Conflict Resolution in African civil conflict studies presents a unique opportunity for the investigation of African culture due to its alive and fluid effects of the present situation. Currently, there is no comprehensive study that integrates the conceptual development of global dimensions of African civil conflicts through criticising the conflict resolution and UNAMSIL at the same time. In order to provide a conceptual evaluation of the five major global dimensions of African civil conflicts Sierra Leone conflict, conflict resolution and UNAMSIL were elaborated under the name of politics and contemporary issues in UN peacekeeping operations. The current criticism suggests that African civil culture related to the socio-economic issues have an impact on the conflict resolution reported over time by UN peacekeeping operations. During the chosen case, the analysis of national identity, weak governance structure and ethnic tensions were distinctive for Sierra Leone conflict and its aftermath.
Sierra Leone, conflict; conflict resolution, neo-patrimonial state, African conflicts,
Ethiopia: The Roles of the Council of Elders (Menguddo) in Gumma Customary Institution of Conflict Resolution
Bamlaku Tadesse MENGISTU
This study was conducted on the roles of the council of elders in Gumma customary institution of conflict resolution in the Meiso district of northeastern Oromia regional administration. The main objective was to examine the roles of the council of elders in Gumma customary mechanisms of peace-making with a prime focus on informal indigenous structures. An attempt was made to assess the roles of the council of elders in Gumma customary institution in addressing the political and socio-economic arena, the organisational governance structure of the Gumma system, how it functions and also assesses its judicial procedures in the process of conflict resolution. The paper found out that the Gumma customary institution is most effective and efficient for inter-intra clan conflicts than inter-ethnic conflicts. The processes of Gumma in addressing conflicts involve a series of ritual practices that aims to reintegrate the unity of the community which was broken down and fractured due to past atrocities. People are obedient to this customary system. As a result of this, people seem keen not to protract hostilities that may eventually divide the community members. It is through their elders and community leaders that the important issues pertinent to the unity and social stability will be addressed. The Meiso area Oromo clans have the council of elders (Menguddo) through which inter-clan conflicts are sorted out and thoroughly addressed. The local assemblies function as customary courts whose rules and regulations derive from shared norms and mutually binding value systems. The paper concludes that while the customary system is an efficient means of dealing with conflicts in the study area, an integration of the customary and modern systems is needed for sustainable peace and development in the region.
Gumma system, customary institution, conflict resolution, Oromo clans, eastern Ethiopia.
ODR: An Islamic Jurisprudence Perspective
Sodiq O. OMOOLA
Modern Dispute resolution mechanisms have been positively influenced by the advent of the internet. Through Online Dispute Resolution (ODR), several ADR mechanisms have been adapted to for small claims, online and cross-border financial transactions. Existing ODR mechanisms seem to ignore certain underpinnings of Islamic jurisprudence in the development. This has made dispute resolution automation unattractive to shariah complaint sectors. Therefore, this paper seeks to examine the relevance of ODR under Islamic jurisprudence. The paper adopts a doctrinal method to expound principles of Islamic jurisprudence (usul-ul-fiqh) which supports new ways of resolving disputes using the internet. The study finds that existing Islamic law ethos such as sulh, maslahah, sad ul-dhariah, among others, are in agreement with the modern realities of online dispute resolution.
ODR, conflict, resolution, Islamic, jurisprudence, Shari’ah, Sulh, Maslahah, Maqasid.