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Conflict Resolution by Elders in Africa: Successes, Challenges and Opportunities
... Even after independence, African countries have given little respect to their indigenous methods of conflict resolution, but they have been struggling to align with the international standards of the modern legal systems. Thus, colonialism and the associated Western legal systems greatly affected and disregarded the values, beliefs and norms of African indigenous conflict resolution mechanisms (Kariuki, 2015). Despite the adverse impacts of colonialism in undermining African traditional conflict resolution mechanisms, many communities in many African countries resisted the impact and they continued to use their traditional conflict resolving mechanisms to settle various types of conflicts (Ghebretekle and Rammala, 2018). ...
... According to this theory, elders' councils are established to restore the social ties that are broken or weakened by wrong deeds of an individual or group of individuals within or across ethnic groups. Thus, communities exist when there are strong social ties or bonds (Kariuki, 2015). ...
... Coming to social solidarity theory views, conflict resolution is viewed in terms of a social fact that benefits society. Relying on the assumptions of this theory, the elders' council serves to resolve conflicts (Kariuki, 2015). ...
Purpose
The purpose of this study is to explore indigenous conflict resolution mechanisms for resolving ethnic-based conflicts between the Awi and Gumuz communities in Ethiopia.
Design/methodology/approach
This study followed a qualitative research approach and it has a case study design that is appropriate to collect in-depth information about indigenous mechanisms of resolving conflicts that arise between Awi and Gumuz ethnic groups. Data were collected through in-depth interviews and document review.
Findings
The results revealed that the Awi and Gumuz ethnic groups resolve conflict through the elder council or shimigilina. This indigenous mechanism conflict resolution mechanism is well recognized, accepted and respected both by the Awi and Gumuz ethnic groups. Shimiglina has different phases and rituals which are finally concluded by kale-mehala (oath) or promising not to take revenge and harm. The Awi and Gumuz ethnic groups view shimigilina as a vital and effective conflict resolution mechanism.
Practical implications
This study clearly indicated important implications for policy, practice and future research. The Awi and Gumuz communities have used the elders’ council (shimiglina) to solve ethnic-based conflicts for a long time. Therefore, there should be policy frameworks at different levels (national, regional and local) for the integration of the elders’ council with the formal justice system. Put in other words, this indigenous conflict resolution mechanism should be properly organized and institutionalized. However, a comprehensive study should be conducted to understand how to organize and institutionalize this indigenous conflict resolution mechanism.
Originality/value
This is an original study that contributes to peacebuilding by discovering the role of indigenous knowledge in conflict resolution and peacebuilding.
... It is evident that most individuals, families and communities still prefer indigenous conflict resolution processes in the two countries because they are based on cultural concepts, values, and procedures that are understood and accepted. Similarly, other authors such as [Kariuki, 2015;Midodzi & Jaha, 2011;Bukari, 2013;Emanuel & Ndimbwa, 2013;Ladan, 2013;Theresa & Oluwafemi, 2014] also studied indigenous conflict resolution mechanisms of various communities in Africa and noted their roles in conflict resolution. Malan (n.d) also ...
... Consistent with the findings of this study, several authors [Osei-hwedie & Rankopo, 2012;Kariuki, 2015;Theresa & Oluwafemi, 2014] mentioned that indigenous conflict resolution mechanisms focus on the principles of empathy, sharing and cooperation in dealing with common problems which underline the essence of humanity (Ubuntu). Cultural approaches to resolving and managing disputes play a vital role in promoting and sustaining social cohesion, consensusbuilding, peace, harmony, co-existence and social order in communities. ...
... Conflicting parties are more likely to accept regulations from elders because an elder's decision is backed by social pressure. In relation to this, Kariuki (2015) established that respect for elders, ancestors, parents, fellow people and the environment is cherished and firmly embedded in the mores, customs, taboos and traditions amongst Africans. Hence, the end result is a sense of unity, shared involvement, responsibility and dialogue among conflicting parties. ...
Ethiopia has been practicing various indigenous conflict resolution mechanisms for many centuries. The study on which this article is based was aimed at describing the role of indigenous conflict resolution mechanisms for maintaining social solidarity and strengthening communities in Alefa district. Descriptive qualitative research method was used with semi-structured face-to-face interviews to collect data. Thematic analysis was employed to analyze the data. The findings reveals that indigenous conflict resolution mechanisms are more flexible than the formal court procedures. Indigenous conflict resolution typically involves consensus building based on open discussions to exchange information and clarify issues about the conflict. The desired end result of indigenous conflict resolution mechanisms is a sense of harmony, solidarity and shared dialogue among conflicting parties not punishment. The absence of clear policy direction in the application of indigenous conflict resolution mechanisms has been found to be a limiting factor. Indigenous conflict resolution mechanisms have great untapped potential in maintaining social solidarity among a multiethnic and multicultural society such as Ethiopia where inter-communal conflicts are prevalent.
... Nonetheless, land disputes negatively impact the growth of the economy, society, environment, and physical space. The case is particularly true in developing and transitional nations, where weak land market institutions, opportunities for shady business dealings, and a dearth of land access for the poor exist [71]. Research carried out by Deininger and Castagnini [72], indicate that land disputes can reduce output by 5-11 percent. ...
... These issues are exacerbated by the presence of fragile land market institutions, numerous opportunities for illicit transactions, and a substantial population of individuals without land ownership. Land disputes may have catastrophic impacts on people, organisations, and even entire the nations [71]. To this effect, this research tried to show the link between land certification and land-related disputes. ...
Land is a precious resource in the Ethiopian highlands, where the entire agricultural system depends on rain-fed system. The resource faces multiple interconnected environmental and socioeconomic challenges. Among these, the absence of tenure security has significantly affected farmers’ willingness to adopt soil and water conservation practices (SWCPs), leading to a decline in land productivity, hindering household food security, and contributing to an increase in land-related disputes. Bearing this in mind, the government of Ethiopia (GoE) has undertaken two rounds of land certification programs in selected regions, one of which was Amhara National Regional State (ANRS). This study examined how land certification strengthens tenure security, lowers land-related disputes, motivates farmers to employ SWCPs, and raises the productivity of farm plots in Dessie Zuria and Kutaber Woredas. The research followed an exploratory survey method which utilized both qualitative and quantitative data. The survey involved purposefully selected 401 household heads. Additionally, cross sectional data were collected from various sources, including Woreda and zonal agriculture, court, land, and Natural Resource Management (NRM) offices. Quantitative data were analyzed using frequency tables, percentages, graphs, figures, cross-tabulation, and descriptive statistical methods. Meanwhile, qualitative data were transcribed, grouped, and interpreted in line with the research’s objectives. SPSS software version 26 was used for data analysis. The findings denoted a positive relationship between land certification and tenure security. Furthermore, enhanced tenure security has played a positive role in reducing land-related disputes, initiating farmers to invest in SWC practices and improving the productivity of farm plots. The research suggests the adoption of a cadastral land registration system, the encouragement of community involvement, and the enforcement of laws and bylaws. The research recommend implementation of cadastral land registration system, promote community participation, and enforcement of laws and bylaws. The work has implications for development practitioners, academia and policymakers working on land tenure, SWC practices, and food security.
... The institution of elders is one of the crucial institutions for conflict resolution in most African societies. Even in countries with no formal state recognition of the institution of elders, it has remained resilient and continues to exist outside the spheres of state influence (Kariuki, 2015). Elder"s council has been in use since time immemorial, and is proven for effectiveness in resolving conflicts arising (Beyene, 2017). ...
... According to Kariuki (2015), the Agiriama community of Coastal Kenya had the oracle and the council of elders (kaya) as their main institutions mandated to resolving conflicts. The community had two groups of elders with different roles aimed at attaining the desired justice and truth to all parties involved in different disputes, land disputes included. ...
The study sought to establish the influence of Council of elders on rural land tenure dispute resolution in Pokot Central Sub
County.The study applied concurrent triangulation design since it is single-phase design in which researcher implemented the
quantitative and qualitative methods during the same timeframe and with equal weight. The study was carried out in Pokot
central Sub-County, West Pokot County.The target population for this study comprised of 150 Household heads, 20 chiefs and
assistant chiefs and 5 land officers. The sample size was calculated by use of Yamane formula which gave a sample size of 83
respondents. The questionnaires and interview schedule were the main instruments for data collection. The data were analyzed
using descriptive statistics while the data from interview schedule were summarized based on themes. The council of elders
was found to be successful in solving land disputes in Pokot central sub County. The study recommended that the capacity of
the council of elders be enhanced through trainings to equip the with the government policy requirements so that
... Indigenous conflict resolution in Africa takes different forms and are usually embedded in African customary laws and reflect norms and values (Kariuki, 2015). It involves the use of council of elders (men and women) who act as third parties in the processing of conflicts. ...
... Again, in Madagascar, the indigenous practice of "Dina" has allowed for summary executions to be perpetrated based on its decisions. Under indigenous system in Somalia, families of murder victims have the right to choose between compensation and the execution of the perpetrators (Kariuki, 2015). ...
Indigenous approaches to conflicts resolution in African societies provide appropriate fora and opportunities for members of the societies to process their disputes when they do arise. The indigenous approaches are structured and rooted on cultures and traditions of the societies in which they are applied. The Talensi traditional area has its indigenous approach based on its culture and tradition as well. However, there are concerns with regards to how indigenous approaches to conflict resolution recognize and respect the human rights of persons involved in the process. This paper examined how the Talensi indigenous conflict resolution approach recognizes and respects the human rights of the disputants. It was a qualitative research which employed the case study design. Two chiefs, three elders to chiefs’ councils and five disputants were purposively and conveniently selected as sample for the study. The instruments in terms of interview, focused group discussion and observation were used to gather data for the study. It emerged from the study that the various considered human rights (rights to life, non-discrimination, freedom of religion and belief and prohibition of torture and other ill-treatment) of disputants were recognized and respected to a large extent under the Talensi indigenous approach to conflict resolution. It was, therefore, recommended that the approach is replicated in other rural societies in Ghana so as to ensure the recognition and respect for disputants rights as many people in rural Ghana practically rely on indigenous approaches to process their disputes.
... They also pray for rains and determine initiation of young persons into different agesets. During judgements, the vaya presided over the process of determining ones innocence in the position of the oracles and in the whole process superstitions took the centre stage in matters dispute resolution, particularly in search of justice and truth (Kariuki, 2015). The community of Pokot Central Sub-County experienced land disputes since time immemorial due to the growing population. ...
... If all parties are satisfied and delineation has been made, customary law held that there was no more issues to be raised pertaining to the piece of land after the death of the old man. Violating traditional will could lead to curse, death or even being struck by lightning (Kariuki, 2015). ...
... In positioning endogenous justice systems in modern political systems, neo traditionalists are committed to pull the peripheral social organizations of indigenous peoples to the centre (Bentley2005, Kidane 2003Richard 1999). This approach also incorporates such perspectives as the social solidarity and social capital theories, which are often discussed in the literature with regards to restorative justice and its relevance (e.g., Alemie and Mandefro, 2018;Kariuki, 2015). ...
... For generations, African elders have held judicial powers, maintained social order, negotiated peace pacts with clans, communities and ethnic groups, settled disputes, facilitated reconciliations, formulated laws, overseen the sharing and distribution of community resources and presided over trials. They have acted as intermediaries between God and the people, appeased ancestors and spirits, prayed for their communities, led religious ceremonies and guided younger generations through life's challenges (Ajayi and Buhari, 2014;Kariuki, 2015;Gumo, 2017). Even today, many African countries are led by older leaders. ...
Background and objectives
Gendered ageism refers to the intersectionality of age and gender bias and discrimination. It is widely prevalent and leads to inequality, injustice, oppression, exploitation and disempowerment of older women. In this study, we explore the impacts of gendered ageism on three areas of older women’s lives in three African countries. These areas are: (1) participation in public and political life and access to justice and law enforcement; (2) family relations, inheritance, and land and property ownership; and (3) violence, abuse and neglect.
Research design and methods
Eighteen women aged 54–85 years were interviewed for this study. Thematic analysis was undertaken to identify and explore disempowering impacts of gendered ageism on their lives and rights.
Results
In all areas of the participants’ lives, their lack of voice in their inability to make choices, to claim their rights and to participate meaningfully in decision-making were highlighted. These manifested in the suppression of their interests, opinions and aspirations in public life; denial of justice; prejudice and discrimination within family settings; exploitation, harassment, abandonment and violence; and an overall devaluation, dehumanisation and silencing of older women.
Discussion
Women often outlive men and experience marginalisation for a greater proportion of their lives. Yet, their lived experiences receive limited acknowledgement and redressal. In developing countries, older women face multiple forms of oppression arising from gendered ageism. This study highlights such experiences with the expectation that this will generate awareness, garner support from stakeholders and help inform policies for the protection and equal treatment of older women.
... These characteristics of an elder (ɔpanyin) put them on a pedestal and hold them in high regard by the community due to the wisdom they possess. Kariuki (2015) states that elders, who possess extensive experience and wisdom and enjoy a high degree of societal reverence, are often entrusted with the resolution of disputes. When they join the church, these elders are selected by the body of Christ to become religious leaders and lead the church of God. ...
Recent global research reveals a world characterised by increasing fragmentation, diminished peace, and mounting risks for future generations. Diverse conflicts, ranging from familial to national issues, persist, even among individuals sharing the same faith. In Africa, nations like Cote d’Ivoire, the Democratic Republic of Congo, Burundi, Rwanda, the Central African Republic, and Sierra Leone grapple with severe consequences of conflicts. In Ghana, pockets of ethnic discord impact education, healthcare, and social services, prompting the emigration of skilled professionals. Despite ongoing peace efforts in Ghana, effective approaches are crucial. With over 70% of Ghanaians identifying as Christians, contextualising peace-making within sacred texts becomes imperative. In this exploration, the study delves into a biblical approach, specifically scrutinising Matthew 18:15–18 through exegetical analysis in Greek language and mother-tongue hermeneutics. These approaches reveal a convergence between the biblical author’s original meaning conveyed in the Greek language and its interpretation in the mother tongue. The paper advocates private conflict resolution to avoid gossip, involving witnesses if needed and church leaders if the issue persists. Disciplinary measures may be necessary, emphasising personal dignity and adherence to God’s will. The paper significantly contributes to conflict resolution knowledge, providing valuable insights for fostering peace in Ghana and beyond.
... Conflict is a global phenomenon that can occur within states, ethnic groups, clans, villages, families, and other small units (appiah-thompson, 2020). around one-third of the world's countries face persistent violent conflicts based on resource, political, and ethnic lines (Mboh, 2021;Kariuki, 2015). ethnic conflicts best serve multi-ethnic africa. ...
Several interethnic violent conflicts have escalated in Ethiopia over the last few years. Particularly in the southern regional state of Ethiopia, the conflict between the Konso and Ale ethnic groups has its roots in intercommunal crises. This study examines the role of customary institutions (CIs) in the transformation of violent conflict between the Konso and Ale ethnic groups in southern Ethiopia. The study employed a case-study research design with a qualitative approach. The data are organised and analysed thematically. The 1991 federalism and the autonomy of ethnic groups led to conflicts between the two communities. The study reveals that prior to the 1991 Ethiopian regime, the Konso and Ale ethnic groups had robust CIs used to transform conflicts ranging from personal to criminal issues. However, currently, CIs have not been able to end the ongoing conflict due to sociopolitical factors like the complex nature of conflict, erosion of traditional values due to modernization, government interventions, youth and religious misunderstandings of CIs, and the limited authority of customary systems. The new state structure and formal institutions that have replaced traditional ones with politically motivated institutions have also reduced the significance of the system.
... These characteristics of an elder (ɔpanyin) put them on a pedestal and hold them in high regard by the community due to the wisdom they possess. Kariuki (2015) orates that the resolution of disputes is often entrusted to elders who possess extensive experience and wisdom and enjoy a high degree of societal reverence. These elders become religious leaders when they join the church; they are selected by the body of Christ to lead the church of God. ...
Current research suggests that the globe is growing more fractured, less peaceful, and riskier for future generations. The world has seen family, marriage, community, and national conflicts in recent years. Ghana has ethnic conflict in many areas despite its low sub-regional conflict score. In a country where over 70% of the population is Christian, contextualizing the sacred text to provide a biblical peace approach is crucial. The study examined Matthew 18:15-18 exegetically to inform Ghanaian peace-making initiatives. The study proposes that Ghanaian Christians' peace-making efforts could benefit from Jesus Christ's teachings in Matthew 18:15-18 interpreted in the Akan mothers' vernacular.
... Conflict resolution here is, therefore, said to be the various means and ways put in place by local communities to ensure peace and an eventual end to the anglophone conflict. Among the local communities in the South West Region of Cameroon, conflict resolution does not only entail an end to war, and the acceptance of an accord or dialogue among them but also understanding and respecting ethnic relations, accepting and collaborating in dialogue, ensuring respect for the customs and traditions of the land and others, allowing for collaborations in the implementation of community acceptable decisions, respect for vigilante commands and participation in community work for development projects to build trust among them (Kariuki, 2014). This explains why, even after an effective resolution of a conflict or in the process of managing a conflict, peacebuilding remains an imperative part of the process when it comes to local communities. ...
The paper discusses local communities’ initiatives and challenges in resolving the Anglophone conflict in the South West Region of Cameroon between 2016 and 2023. The con flict that began in September 2016 as the Anglophone teachers and lawyers strike soon vitiated into calls for secession of the Anglophone regions of the country due to marginalization by the Francophone majority. By early 2017, the employability of arms by separatists alongside other tactics like ghost towns, kidnappings, and the maiming of civilians had prompted a gov ernment military response leading to a massive humanitarian crisis. While the conflict is still on, the situation seems to be returning to normalcy in some communities owing, not to the government approach to solving the problem but to various indigenous community initiatives. Informed by primary and secondary data, the study investigates the strategies adopted by local communities in resolving the Anglophone conflict in the southwest region of Cameroon. The paper also concedes the persistence of the crisis despite these initiatives and questions factors that mitigate against indigenous conflict resolution mechanisms that local communities have been propagating. It concludes that the anglophone crises far from serving as a platform for the English-speaking people of Cameroon to express their grievances was an opportunity for local communities to understand the complexities of war and a chance to re-initiate indigenous con flict resolution mechanisms which were rife in the pre-colonial days. Keywords: Anglophone, Cameroon, conflict resolution, local community.
... This view concurred with that of Kariuki (2015) with the lamentation that, modernity has had its fair share of negative impacts on African justice systems. He observed that in the pre-colonial period, elders were the richest and wealthiest people as they held land and livestock. ...
Plural traditional actors and approaches to conflict adjudication among the ethnic groups of North-Western Ghana are not effectively known and documented within the realm of judicial jurisprudence. Hence, the paper sought to unearth the applicability of the Dagara traditional conflict resolution mechanisms in contemporary times. The Theory of Legal Pluralism was used to establish the theoretical framework as part of legal anthropological archetype in the resolution of conflicts, its outcome implication in contemporary times and policy options for an alternative path that can be more cooperative and complementary in the resolution of conflicts. The qualitative research approach was relied on for data collection and analyses using key informant interviews and focus group discussions (FGDs). Purposive sampling was used to recruit 22 participants for in-depth interviews while six FGDs were conducted across the study communities. Qualitative data were thematically analysed. The study results showed that a number of traditional resolution mechanisms existed and were used to successfully resolved conflicts. These included ululation of women, inter-clan jokes and marriages, Norɔkpukpub (“Mouth Washing”), Ritualistic Role of the Earth Priests, and dirges among others. The study concludes that the Dagara conflict resolution mechanisms existed and it is part of legal anthropology as theorized by scholars in the field of legal pluralism and should be recognized as such. The study, as a matter of policy, recommended that constitutional reform is needed to give more recognition and powers to actors of indigenous approaches to conflict resolution. The study further recommends that basic training be given to adjudicate conflicts across the study communities in consonance with basic formal adjudicatory processes.
... Customary dispute and conflict handling mechanisms have received increasing scholarly attention as evidenced by the growing number of studies and publications. The regional level comparative works of Zartman (2000), Ogbaharya (2010), Mutisi and Sansculotte-Greenidge (2012) and Kariuki (2015), among others, deserve mention. Country-specific studies and publications are also numerous. ...
Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.
... Customary dispute and conflict handling mechanisms have received increasing scholarly attention as evidenced by the growing number of studies and publications. The regional level comparative works of Zartman (2000), Ogbaharya (2010), Mutisi and Sansculotte-Greenidge (2012) and Kariuki (2015), among others, deserve mention. Country-specific studies and publications are also numerous. ...
Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.
... The role of traditional elders in managing a conflict in Somalia context was and is, for the most important pillar part. As other African nations, Somalia practices in a state of basic legal system such as customary law (Xeer), religious law (Sharia) and domestic laws are operating (Kariuki & Kazeem, 2009). Traditional elders in southwest regions of Somalia have been playing a key role in solving most conflicts arise in the basic units of society like within families, clans, villages, and other small units. ...
Various clans in Bay region have had conflicts over time onwards with the pastoral communities taking the lead. More specifically, Baidoa district has been registered several inter-clan conflicts within Digil and Mirifle tribe and sub tribes fighting over resources and political issues. This paper examines Inter-Clan Conflicts in Somalia with special reference to Baidoa district community. The study used descriptive research design. The target populations of this study were communities in Baidoa district. The study distributed questionnaire and purposive sampling due to security issue with 103 respondents of male and female who were more familiar with the background of inter-clan conflicts in Baidoa district. The data analyzed with SPSS version of 16.0. The findings show that land ownership dispute, pastures, water, and political power sharing and many other subjects are the major drivers of the inter-clan conflict amongst the communities in Baidoa district. Besides, the results also revealed that lack of rule of law and uncontrollable urbanization including internal displaced people has been frontline frequently rising of inter-clan conflicts due to occupying illegal lands without getting any permission by the land owner/state and many other unmanaged matters are still exist in Baidoa. Currently, the security situation in Baidoa district is quite good but not reliable because of Baidoa outskirts is under control of Al-Shabab militant. Peace is the heart and pillar upon with every life’s meaningful progress, security and social harmonize could be reach and continued in each nation’s life.
... The concept of "you reap what you sow" in African traditional conflict resolution is highly respected: whatever is sown during or after reconciliation is what the next generation will reap. The main point observed in all the methods reviewed above seems to be that restoration and maintenance of social bonds and harmony among the societies and paying of fines and compensations during peace process, as Kariuki (2015: 13) highlights, are not retributive but compensatory in nature. ...
A central goal of peace-building efforts in the 21st Century is to localize peace through involving local actors to achieve sustainable peace. Since the 1990s, in pursuit of sustainable peace, attention has been paid to the renaissance of traditional approaches to peace-building, and successes were documented in Ethiopia, Rwanda, Kenya and Ghana. In Uganda, peace-building programmes were registered in three regions of Acholi, Karamoja, and Teso. Since the discovery of oil in Bunyoro sub-region, conflicts have been reported especially land-related conflicts due to land grabbing. Efforts such as the setting up of the National Petroleum Fund (NPF) to regulate exploration, development and production of oil, the National Oil Company (NOC) to enhance the country’s commercial interests in the oil sector, increasing land titling, setting up district land tribunals, and other government efforts and policies on oil and gas which are intended to address the problem, are not yielding expected results. It seems that local actors at the grass roots level are left out. Therefore, using an action research approach, this study implemented activities aimed at local capacity enhancement in order to realize sustainable and peaceful communities. The overarching objective of this study was to enhance capacities for local peace-building in Bunyoro sub-region through equipping them with knowledge and skills necessary for preventing, resolving and managing conflicts in their communities. The design for this study had three components: exploratory, action research and evaluation components. Data was collected using focus group discussions and in-depth key informant interviews. Purposive sampling was used to obtain a sample of 23 participants in a case study of Hoima district, Bunyoro sub-region. An action team consisting of traditional chiefs, clan leaders, village leaders (Local Council 1 LC1), civil society organizations, and key informants was formed to prevent, resolve and manage conflicts in their communities. The short term outcomes of this study indicate that local peace building capacities have been enhanced through strengthening of Bunyoro traditional approaches of peace-building with an action team that consisted of traditional leaders.
Key words: local peace-building, enhancing capacities, Bunyoro sub-region
... Some scholars consider them as customary justice systems, others view them as traditional justice systems and others as non-formal justice systems (F. Kariuki 2015aKariuki , 2015b. Other terms commonly used to refer to these justice systems include "popular justice systems" and "non-state justice systems" (Musembi 2003). ...
This paper starts by exploring the place of customary law in socio-legal studies. It examines the different criticisms levelled against customary law and argues that although customary law is considered not to have the features of formal legal systems, the said comparison is unjustified as customary law and formal state law originate from different foundations. The second part of this paper highlights the contemporary theoretical discourse on legal pluralism. It responds to scholarly criticism of legal pluralism and traces the historical development of the concept. Using landmark burial disputes in Kenya, the paper examines the use of customary law in Kenyan courts. It identifies the inconsistencies and absurdities that result from the use of common law principles in the resolution of customary law disputes and advocates for the government to embrace non-state justice systems in resolving burial disputes.
... Examples include communities attempting to secure livelihoods amid heightened competition for scarce resources, or one group being forced to move into another's territory in search of water. In areas such as Afghanistan, Kenya, and Morocco, water has traditionally been managed at the local level by councils or tribal elders, who resolve challenges and disputes among communities [50][51][52][53][54]. ...
This work is based partially on the deliberations and feedback from the CNA Military Advisory Board, a distinguished group of former high ranking officers.
... It is a phenomenon that is inevitable in all human society due to differences in interests, goals, values and aims among people. Most conflicts arise in the basic units of society such as within families, clans, villages, locations or other small units.[1]Conflict transformation and conflict resolution work in conjunction with conflict prevention. ...
The author evaluates ADR in Africa in a holistic manner, looking online ADR and the progressions of ADR in Africa, taking the continent forward.
The main objective of this study was to explore the practices and challenges of indigenous conflict resolution mechanisms particularly the Ze-wold in Raya Kobo town, Ethiopia. The study employs a qualitative research approach with the case study design. To conduct this, ten participants in the key informant interview, and five people in the focus group discussion were taking part and the researcher observed the process of reconciliation made by the elderlies. A total number of 15 informants were participated in the study. The collected data were analyzed using thematic analysis method. The finding of this study revealed that the Ze wold, indigenous conflict resolution institution is the most important mechanism to solve conflict in Raya Kobo town. Ze-wold indigenous conflict resolution mechanism is the wide area like school, church and mosque. Elders, families of conflicted groups, duberty, and religious fathers are participated in the reconciliation process. The main challenges of Ze wold indigenous conflict resolution mechanism is, fighting during the process, breaking the agreement after the reconciliation, unable to bring the criminal to justice and lack of budget. This study concludes that Ze wold as an indigenous conflict resolution plays a great role in resolving conflicts. This study recommends government office should prepare conducive environment for the reconciliation process and should give awareness about criminal law. HOW TO REFERENCE USING ASWDNET STYLE Ashenafi, N. & Bayu, B. M. (2024). Exploring the practices and challenges of indigenous conflict resolution mechanisms in Raya Kobo Town, Ethiopia. African Journal of Social Work, 14(2), 49-58. https://dx.doi.org/10.4314/ajsw.v14i2.1 Visit journal website: https://ajsw.africasocialwork.net
Alternative Justice Systems (AJS) play a fundamental role in conflict resolution in contemporary African societies. Most of these disputes revolve around struggles for land control and ownership rights. This emanates from the long-standing colonial land imbalances that posed governance challenges, particularly those related to Africans’ demand for equitable land distribution. This study investigates how AJS mediates land-related disputes in Africa, focusing on cases involving women in selected rural parts of Kenya and Zimbabwe. We argue that racial and patriarchal colonial land policies disrupted the pre-colonial African mechanisms used to govern access to land and justice. Most postcolonial African states enacted land laws and established justice systems that mirrored the values of the regimes they replaced. These policies are primarily based on pre-colonial and colonial patriarchal tendencies, creating bias in the arbitration process by marginalising women’s positions and roles in AJS. We also highlight stereotypes often attached to women participating in land redistribution programmes and AJS in the societies under investigation. This study deploys a qualitative research methodology through in-depth interviews. The information gathered was then complemented by data obtained through careful analysis of archival records, policy briefs, and media reports.
The global spread of conflict is unimaginable, and Africa is especially plagued with this conundrum. In the West African sub-region, traditional and formal (inherited/western) adjudicatory institutions operate independently of each other in the same environment irrespective of the fact that both institutions function to create an ordered society for the same group of persons. Evidence shows that efforts made over the years to integrate the operations of the two institutions in the context of conflict resolution in Ghana have proven unsuccessful. The aim of this paper is to proffer an appropriate framework that could enable the traditional and western adjudicatory institutions to build synergies to resolve conflicts. Data was collected using in-depth interviews with key informants and FGDs. Using a qualitative research design approach, 27 respondents including chiefs, tengandem (earth priests), and technocrats (practicing lawyers, court administrators, Commission of Human Rights and Administrative Justice) working in western adjudicatory institutions were contacted and interviewed. The thematic analytical approach was used to analyse data. The results revealed that the traditional and western adjudicatory institutions have not been able to build synergies to resolve conflicts due to mistrust, lack of capacity and recognition of traditional actors, and the power play between the two adjudicatory institutions. The study concludes by recommending a hybrid regime where the two adjudicatory institutions could come together to resolve conflicts.
The Nigerian administration of justice is facing many challenges such as congestion of cases in the courts, delays in the prompt resolution of cases, corruption in the formal justice system, a punitive and retributive approach to crime with little or no room for restitution and reparation of victims of crimes, as well as the adversarial, hostile, and technical nature of litigation. Although the federal government and some states have made efforts in respect of criminal matters by the enactment of the Administration of Criminal Justice Act (ACJA) and Administration of Criminal Justice Laws (ACJL) traditional justice systems can effectively ameliorate these challenges in the resolution of both civil and criminal matters. However, the potential benefits of the effective application and operation of traditional justice systems in Nigeria are hindered by their restriction to civil disputes, the lack of a clear and specific legal and policy framework, scant regard for procedural justice, inadequate or lacking of enforcement mechanisms and a retributive and punitive approach of the criminal justice system. This article analyses the nature of the Nigerian traditional justice systems and their relationship with alternative dispute resolution (ADR) mechanisms to see how ADR could complement the Nigerian administration of justice. The article further examines the challenges of the Nigerian administration of justice and the practice of traditional justice systems in Kenya to draw lessons for Nigeria. The article argues that the reconciliatory and restorative focus of tranditional justice systems could help resolve some of the challenges facing the Nigerian administration of justice. The article suggests legal, policy, and institutional reforms and their integration for effective application in Nigeria.
This study examines the choice of conflict resolution mechanisms between Yocaale and Harshin pastoral communities in the Somali regional state of Ethiopia. Between 1984 and 2014, the area experienced several land use changes, leading to a decrease in the vegetation cover of grass, shrubs, and woodlands. Furthermore, from 2000 to 2005, ten new urban areas have been established. This changed the area's rangeland caring capacity, which, in turn, triggered competition over dwindling resources. Evidence also indicates that climate change has exacerbated the competition for scarce resources in this area. In response, the pastoralist communities began practicing crop cultivation, petty trading, land enclosure, and charcoal production, particularly in the Harshin woreda (district). The 2011 regional administrative restructuring decision created new administrative units and sandwiched the Yocaale pastoralist community between the Harshin and Aware woredas. The decision to establish a new woreda, coupled with the area enclosure and land privatization, impeded the opportunistic movement of the Harshin and Yocaale's pastoralists and became a source of competition for communal land resources. This study used a mixed methods approach of qualitative and quantitative analyses and deployed a binary logit model to identify the two woredas' conflict resolution preferences. The findings indicate that the land disputes between the two woredas, which are mainly on administrative borders conflict, is less likely to be taken to customary institutions to resolve. Instead, they opt to formal court system. In conclusion, even though the findings of this work highlight the customary institution's vital role in preventing and resolving inter-ethnic conflicts, administrative border-related land conflicts are less likely to be taken to customary institutions, as they require political decision-making in multiple contested clan areas, such as Yocaale and Harshin. Therefore, in addition to particular corrective political measures, the results of this study point to the need for enhancing the level of integration and cooperation between the two communities and finding a middle way to enhance community dialogue.
Not only whether but also when a union ends and how long individuals remain unpartnered subsequently is consequential for social and demographic outcomes. However, in sub‐Saharan Africa (SSA), information about the timing of union dissolution and the reproductive time “lost” due to union dissolution is lacking. We close this gap by applying standard indirect demographic techniques in a novel way to Demographic Health Survey data collected in 34 SSA countries to document (i) the level and timing of all‐cause union dissolution and (ii) the time women spend outside of marriage due to union dissolution during their reproductive life course. Results revealed that in 28 out of 34 countries, over one‐fifth of first unions end within 15 years, and in 14 out of 34 countries, the proportion of first unions ending within 25 years exceeds 40 percent. The average marital duration at first union dissolution varies between 4.8 and 9.4 years. The pace of remarriage is rapid across all countries, with the average duration between first union dissolution and first remarriage ranging between 0.2 and 2.9 years. The overall reproductive years lost to union dissolution vary between 1.3 and 5.3 years, and account for 4.0–16.3 percent of the total reproductive life expectancy. We discuss the implications of these dynamics for fertility outcomes in SSA.
Until the turn of the twenty-first century, policing in a rural context had received limited scholarly attention. It has been argued that governments across the globe, including those in the western world, provide fewer resources for criminal justice processes to remote regions. This chapter focusses on the police in rural areas showing that in different degrees and variations, rural policing in Uganda shares characteristics of the same elsewhere including inadequate resources, isolation from the centre, less staff, less discretion, follow fewer written policies, commonly apply the law to fit the social context and deal with significant numbers of agricultural crimes. The chapter answers the following questions: How is the Uganda Police Force organised in rural areas? How do the police respond to crimes and law and order challenges in rural areas? What are the perceptions of police officers about their duties in rural communities? What are the marked differences between rural and urban policing in Uganda? And what kinds of cases are prevalent in rural areas? It provides an analysis of the blending of police strategies and cultural solutions, including witchcraft beliefs to counter disorder. The chapter elucidates on two unique and creative policing strategies: first, the use of ‘crime albums’ where photographs of suspects carrying or standing next to what they are accused of stealing are displayed at the police counter for several years, and second, the identification of potential suspects by secret ballot.
African tribal societies still rely upon indigenous conflict resolution systems as well as cultural sources to uphold the values of peace, tolerance, solidarity, and respect for one another. The purpose of this chapter was to examine the efficacy of indigenous conflict resolution systems in building peace and promoting social solidarity among indigenous communities in South Africa. Data collection was largely based on critical review of literature relating to the application of indigenous conflict resolution systems in resolving conflicts among indigenous communities. Social capital, Ubuntu, and social solidarity were also used as underpinning theories to guide the study. Findings revealed territorial expansion, resource competition, inheritance or land boundaries, misunderstanding over succession, indebtedness, chieftaincy, adulterous affairs, family property, breach of contract, murder, allegations of bewitchment, theft, matrimonial fall-outs, and cattle raiding as the main causes of violence conflict in indigenous communities. However, the absence of clear policy in the application of indigenous conflict resolution system has been found to be a limiting factor, although these systems are effective in resolving conflicts, building peace, and promoting social solidarity among indigenous communities. Socio-cultural norms and values embedded in indigenous communities have remained an integral part of every organized society. The study thus recommended the establishment of indigenous institutions of governance based on norms, values and principles of conflict resolution and peace building.
Some have viewed the internationally acclaimed blockbuster hit, the Black Panther film, as feminist; meanwhile, others have highlighted its aspects of African culture focusing on its traditional elements and Afrofuturistic aspects. One of the main characters, Actress Lupita Nyong’o, who played Nakia said that Black Panther signifies a balanced representation of women and men, and she later alluded to feminism as she explained the balanced idyllic gender representation between the sexes. This study found that the roles of the leading women characters in this Afrofuturistic film—the top characters were derived from the IMDB’s list—represented Africana womanism. The women at the heart of this study are warriors including Nakia, a War Dog of Wakanda; Okoye, the first lieutenant of the Dora Milaje and Ayo, a member; Princess Shuri, the head of Wakanda’s technological division; the Queen Mother of Wakanda, Ramonda, who was King T’Challa and Princess Shuri’s mother; and the Merchant Tribe Elder and the Mining Tribe Elder of the Wakandan Tribal Council. The egalitarian relationship between the women and the men in the film, and the representation of the women, showed a revisioning of African history in the recreation of an Afrofuturistic present. Thereby, the women’s portrayal emerged from the wider egalitanian Wakandan society, which depicted a mythological African utopian nation, and yet, simultaneoulsy reignited an African historical reality.
In his thesis, "A realist approach towards students' application of agency, culture and social structures in demonstration of competency in argumentative writing", the study explored intersectionality between first-year science students' cultural identities and the ways these aspects of students' epistemologies weave with their attempts to demonstrate competency in written, dialectical and rhetorical argumentation. The researcher employed Margaret Archer's (1995) morphogenetic model to divide students' experiences into three chronological phases. These time periods, which spanned the pre-university domain as well as the first and second semesters, were termed the conditioning, interactive and elaboration phases of students' Discourses (Archer, 1995). By analytically employing the morphogenetic cycle, this study simultaneously applied Gee's (2012) theory of Discourse to emphasise epistemic shifts, development and constraints in students' argumentation. The findings highlighted the interplay between and efficacy of on-and off-campus social structures, culture and agency as causal mechanisms in students' methods of participating in dialectical, rhetorical and written argumentation. Examples of active entities in students' argumentative Discourse emergence include their families, cultural communities, schools, degree programmes and professional communities. Findings from the study revealed that the majority of the participants experienced significant modifications to their scientific Discourses after reaching the end of the academic year. To argue effectively, first-year students had to modify their methods of participation in academic dialect and rhetoric that feed into their argumentative writing. The study concluded that due to the distinct cultural environment that universities represent when contrasted with the pre-tertiary experiences of all first-years, pedagogic mechanisms should be activated that facilitate their induction into argumentative, dialectical and rhetorical interactions, including writing, across the entire academic year. iii
In 2012-2016, the number of cases referred to CCADR for mediation was 14,900. And out of these cases, 5,789 were successfully resolved to represent 38%. The total number of mediated cases pending were 9,111, representing 62%. Though there seems to be an improvement in terms of a decrease in pending cases, the number of pending cases leaves much to be desired. Premising on the above statistics, it has been noted that 9,111 ADR cases were pending in CCADR. Meanwhile, mediation under the CCADR program is known to be faster, affordable, and to reduce the overloaded courts' dockets. This has boosted the interest, trust, and confidence people had in mediation, and this has resulted in the increasing number of cases referred to ADR for mediation. However, the system, which was instituted to reduce overloaded courts' dockets, is bedeviled with challenges. The study seeks to explore the challenges confronting mediation as a means of ADR approach.
Locating Modern Trends of Traditional Holies in Igboland: the Uboma example
Abstract
Language is very important in every human life; hence one cannot communicate without language. Therefore the role of Language in the society is significant that it can make or divide the people, build or destroy a nation or State. Nigeria's problem of multilingualism dates back to the colonial era and this has affected her national unity and genuine
comprehensive intergration of the various ethnic nationalities. The debate about the use of mother tongue (part of the multilingualism) as part of the medium of education in Nigeria dates back to the colonial era. According to Afe (1991), the language policy had been in Status book since 1925, recommended that both English and the mother tongue must be given recognition in the educational system. This study therefore examines the Language policy of the country as a panacea to national unity, genuine intergration and development in Nigeria; The observations and problems in the National Policy on Education (Emenanjo, 1985) and Oyetade, 2003). In this paper, the authors try to determine the roles of
National Policy on Education in enhancing effective communication among school children in Nigeria; ascertaining the role of schools in implementing the multilingual provisions of the NPE and ways of fostering
national unity and integration through the English Language in Nigeria. The article views previous scholarly works by other researchers which are in line with the topic to ensure
accurate information. Finally, the authors conclude with summaries, remedies and recommendations towards enhancing national unity through language policy in Nigeria.
Ideal International Journal is one of the brain children of
Igbo Scholars Forum born out of the zeal to get the young
Igbo scholars together so as to start thinking like Igbo sons
and daughters through paper publications, meetings and
symposia. As a matter of fact, Igbo Scholars Forum was
founded by Dr. Onukwube Alexander Alfred Anedo and born
at the launching of a festschrift in honour of their life patron,
Prof. Obed Muojekwu Anizoba (Ozonwa) on the 15th day of
December, 2012. In his kind gesture, Prof O. M. Anizoba
therefore established a website
http://www.igboscholarsforum.com.ng for them to use in
telling the world who the Igbo people are, about their life,
what they believe in and their relationship with people and
other cultures of the world outside theirs. Other journal outlets
through which this Forum wants to let Igbo people and their
culture out to the world are Igboscholars International Journal
and Ekwe International Journal which is solely written only in
Igbo language.
African tribal societies still rely upon indigenous conflict resolution systems as well as cultural sources to uphold the values of peace, tolerance, solidarity, and respect for one another. The purpose of this chapter was to examine the efficacy of indigenous conflict resolution systems in building peace and promoting social solidarity among indigenous communities in South Africa. Data collection was largely based on critical review of literature relating to the application of indigenous conflict resolution systems in resolving conflicts among indigenous communities. Social capital, Ubuntu, and social solidarity were also used as underpinning theories to guide the study. Findings revealed territorial expansion, resource competition, inheritance or land boundaries, misunderstanding over succession, indebtedness, chieftaincy, adulterous affairs, family property, breach of contract, murder, allegations of bewitchment, theft, matrimonial fall-outs, and cattle raiding as the main causes of violence conflict in indigenous communities. However, the absence of clear policy in the application of indigenous conflict resolution system has been found to be a limiting factor, although these systems are effective in resolving conflicts, building peace, and promoting social solidarity among indigenous communities. Socio-cultural norms and values embedded in indigenous communities have remained an integral part of every organized society. The study thus recommended the establishment of indigenous institutions of governance based on norms, values and principles of conflict resolution and peace building.
This article argues for the inclusion of alternative dispute resolution (ADR) into the criminal justice administration of South Africa, which will ultimately result in the comprehensive legal transformation of the country's justice system. Non-traditional dispute resolution processes, which fall within the context of ADR, are globally accepted and have been implemented in different dispute contestations. The argument whether ADR should be applied in a criminal justice context, poses normative questions concerning the function of the justice system, and sociological questions concerning the nature of criminals and crimes. Crime rates in South Africa are high and the criminal justice system may be unable to cope with the floodgates of formal litigation. In this context the article argues for the integration of ADR into the South African criminal justice system. Two major research problems are addressed through reviewing existing literature and doing desktop research. The first aspect concerns the integration of ADR into the South African criminal justice system with a view to effecting law reforms. Second, the question regarding the roles of traditional rulers in resolving criminal disputes is explored. The conclusions reached relate to the need for law reformation in South Africa, particularly in respect of the integration of ADR into criminal jurisprudence, in order to become aligned with other jurisdictions the world over.P
The development of trust in entrepreneurial relationships in Africa may enhance long-term profitable relationships for growth of both local and international businesses, and yet trust is delicate and easily violated. Hence it is critically important for actors doing business and those planning to do business in Africa to understand the processes of trust repair in African contexts. This chapter draws on the literature and empirical data to show how entrepreneurs draw on indigenous African institutions and the logics of particularly the traditional African justice system embedded in family/kinship, trade associations, communities, and religious bodies to shape the processes of trust repair in entrepreneurial relationships. It also shows the importance for entrepreneurs to understand the logics of weak state and market institutions, cultural institutions, industry, and relationships that enable the repair of trust without entrepreneurs resorting to litigation and the courts which may be expensive, a waste of time and damage relationships and their reputation. This chapter fills a gap in the literature that has previously focused on developed economies.
This chapter draws on the literature and empirical data to present a framework that shows the institutions that provide the logics that influence trust development in entrepreneurial relationships in Africa. The framework shows the logics of indigenous cultural institutions that have their origins in African societies and enable trust development in entrepreneurial relationships. These cultural institutions run side by side with state and market institutions and may substitute for or complement the weak formal institutions to enhance trust development. Yet, there is very little knowledge and understanding of the processes through which the indigenous cultural institutions facilitate trust development in entrepreneurship in Africa. This chapter provides insights into the nature and role of indigenous institutions in entrepreneurial behaviour in Africa.
Currently, over 1 million Syrian and Palestinian refugees have fled Syria to take refuge in Lebanon. Among this vulnerable population, elder refugees warrant particular concern, as they shoulder a host of additional health and safety issues that require additional resources. However, the specific needs of elder refugees are often overlooked, especially during times of crisis. Our study used a semi-structured interview to survey the needs of elder refugees and understand their perceived support from Lebanese fieldworkers. Results indicate a high prevalence of depression and cognitive deficits in elder refugees, who expressed concerns surrounding illness, loneliness, war, and instability. Elders highlighted the importance of family connectedness in fostering security and normalcy and in building resilience during times of conflict. Elders spoke of their role akin that of the social workers with whom they interacted, in that they acted as a source of emotional support for their communities. Overall, this study clarifies steps to be taken to increase well-being in elder refugee populations and urges the response of humanitarian organisations to strengthen psychological support structures within refugee encampments.
In the context of ongoing armed conflicts, efforts to provide humanitarian care are often not sustainable or effective in the long run. Additionally, there is a significant gap between interventions that are theoretically feasible and those that are actually implemented in practice. Building on these foundations and challenged by the limited publications on Syrian refugees, especially the elder population, we explore the understudied connection between the day to day elder refugee experience on one hand and the lack of building resources from within on the other. We take the example of Lebanon, where as many as 4000 Syrian refugees crossed into its territory daily and which now has the highest number of refugees per capita in the world. Lebanon has limited resources and funding and is strained under this socioeconomic burden. Due to this harsh reality, refugees’ simplest needs are largely unmet and they are easy targets for retaliation by local civilians competing for basic resources. Needless to say, elderly refugees suffer most from these inequities and their status is particularly vulnerable. Within this context, and based on ongoing fieldwork, we offer a conceptual framework which calls for effective and sustainable interventions nurturing resilience in elderly refugees and ultimately aiming to help decrease tensions between the host communities and refugees.
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