Conflict and alternative dispute resolution among the afar. General overview as to the distinction between litigation. Cultural processes of conflict resolution in ghana traditional conflict resolution is a structured political, judicial and arbitration mechanism. Mediation and conciliation the law reform commission is an independent statutory body established by the law reform commission act 1975. Traditional leaders play a vital role in local and grassroots communities in relation to socioeconomic development and the administration of. As has been made evident in this article, traditional dispute resolution mechanisms may achieve both, considering that negotiation, mediation and reconciliation have deep roots in indigenous communities, which still have a strong belief in the principles of common humanity, reciprocity and respect for one another and for the environment. Pdf traditional african dispute resolution mechanisms. Chapter one looks at poro lok which is a traditional dispute resolution mechanism akin to negotiation. Uncitral finalized and adopted the technical notes on online dispute resolution at its fortyninth session in 2016. Before the advent of colonial rule and regular court system to nigeria, southeast of nigeria had a system of dispute resolution mechanism adjudged to be simple, inexpensive and friendly. Riyo tal, is a traditional way of dispute resolution which incorporates aspects of mediation, conciliation, arbitration and litigation. Nonstate actors and the local dynamics of ordering, hosted by the danish institute for international studies, copenhagen, november 2010. Nov 30, 2011 alternative dispute resolution techniques can strengthen dispute settlement systems and bridge the gap between formal legal systems and traditional modes of african justice. The afar use the traditional dispute resolution mechanism to settle a conflict that arises within the family, between neighbors, within a clan, and between clans.
Existence of traditional conflict resolution mechanisms such as negotiation, reconciliation, mediation and others is evidence that these concepts are not new in africa. It is due to the fact that traditional conflict resolution mechanisms are vital as they results in a winwin consequence. Rural land dispute settlement mechanisms in tigray. Different modes of alternative dispute resolution adr 3.
In a world where commercial disputes frequently cross international boundaries, it is inevitable that clients and practitioners across the globe will need to look for guidance beyond their home jurisdictions. Blending traditional approaches to dispute resolution in fiji. Lessons learned on traditional dispute resolution in. In 2010, kenya ratified a constitution that formalized its traditional dispute resolution mechanisms tdrms. Traditional dispute resolution mechanisms in afghanistan. Strathmore law journal, june 2015 are bound by the decisions of the supreme court. Indigenous mechanisms of dispute resolution among the people. They are selected for their qualifications and experience and because both parties believe that they can help them. Traditional mechanisms of conflict resolution in ethiopia. Tomas barfield, afghan customary law and its relationship to formal.
The distinction between the various types of dispute resolution processes, they can be arranged from the perspective of the level of control the disputants have over the process the more formal they get the less control the parties have. Land, in a majority of the cases was communally owned and control of land left almost. Instead, the majority of afghans turn to traditional justice mechanismsincluding tribal. The lack of control of the central government led again to increasing importance of. Traditional conflict resolution as a better option to court.
The community acts as a monitoring and arbitrating presence providing an arena for private feelings to be vented in a public manner and acting as a safety measure and a sanctioning device to the confronting parties. Guidelines for standardization of traditional dispute. The central objective of this paper is to examine the attitude and practice of ambo town people towards traditional conflict resolution mechanisms visavis the modern court system. The study concluded that, land conflicts among gorowa community can be minimized by providing education and. We are all familiar with the most traditional disputeresolution process of our civil justice system. Advantages and disadvantages of dispute resolution processes in order to select the most appropriate process, it is important to understand and appreciate the advantages and disadvantages of the various dispute resolution processes. Lessons learned inclusive mechanisms to mediate land and. Traditional mechanisms of conflict resolution in ethiopia giday degefu koraro ethiopian international institute for peace and development, 2000 conflict management 204 pages. Traditional conflict resolution mechanisms in afar. Indigenous conflict resolution mechanisms among the. Land disputes in kenya stem back from the precolonial period. He essayed rural land dispute settlement mechanisms in ethiopia focusing on one of the founding blocks of good rural land dispute settlement mechanisms namely accessibility of rural land dispute settling organs and he also recommends further researches to be carried out regarding that issue. Pdf traditional conflict resolution mechanisms among.
The conflict resolution ritual inter clan conflict resolution in any dispute, an afar has two main options for resolution of violent conflict. Pdf traditional conflict resolution mechanisms among ambo. It is therefore not practicable for one legal system to be applied. The commissions principal role is to keep the law under.
Different communities apply the system within the context that they exist. An analysis of the weaknesses of traditional dispute resolution. In the outline of advantages and disadvantages of dispute resolution processes provided below, a simplified. The traditional institution of maro has jurisdiction over every dispute, with the exception of disputes relating to marriage, divorce, and inheritance that are left to the sharia. Dispute resolution is an indispensable process for making social life peaceful. Article pdf available december 2014 with 4,040 reads. Nov 15, 2014 however, any student of traditional african dispute resolution tadr or of various asian and even native american dispute resolution mechanisms would be quick to see that adr borrows and leans. Dispute resolution method like culture is a way of life. Click to download guidelines for standardization of traditional dispute resolution mechanisms ajs taskforce has drawn substantial material to draft guidelines for practitioners pdf format click to download guidelines for standardization of traditional dispute.
Traditional african dispute resolution tadr mechanisms. Indigenous mechanisms of dispute resolution among the. During this period of time, formal government institutions especially in the rural areas ceased to exist. Pdf traditional courts as alternative dispute resolution. Side by side with the judiciary, there are numerous alternative dispute resolution mechanisms which have become prominent in the contemporary period. The situation of syrians in traditional conflict resolution mechanisms of lebanon.
Now days, therefore, alternative dispute resolution has got wide acceptance to resolve dispute due to its perceived advantages. Indigenous conflict resolution mechanisms among the kembata. A stepbystep guide on land dispute resolution mechanisms in. Third, the finding of the study may be used by the concerned bodies e. Before the nsrp intervention, although there were customary dispute resolution mechanisms for land and water disputes in the target communities, in most cases these were the preserve of traditional leaders, with limited, if any, participation by other affected stakeholder groups. In a keynote address delivered at the workshop held on alternative dispute resolution mechanisms on 5 march 2011 in addis ababa, birhanu 2011. This paper, therefore, examines the local, traditional and communal alternative dispute resolution mechanisms used to solve the liberian crisis. Putting it differently, both conflicting parties are winners in their proceeding. This site is like a library, use search box in the. What are the three basic types of dispute resolution. Traditional mechanisms of resolving conflicts over land. Every method is special to people based on their value orientation and the desire to preserve social norms. Uncitral technical notes on online dispute resolution. In contrast, traditional dispute resolution procedures often impose a solution handed down by a third party e.
Dispute mechanisms are used in dispute resolution, and may incorporate conciliation, conflict resolution, mediation, and negotiation. Institutionalising traditional dispute resolution mechanisms. In the case of internal conflicts, all the three communities adopted very similar, if not identical, mechanisms, methods and procedures. Traditional dispute resolution and stability in afghanistan. Clause 3 thereof provides that tdrs shall not be used in a way that. However, any student of traditional african dispute resolution tadr or of various asian and even native american dispute resolution mechanisms would be. The political center of amhara is bahir dar, which is 565 kilometers from. Traditional conflict resolution mechanisms among ambo woreda communities. The technical notes on online dispute resolution are nonbinding, and take the form of a descriptive document, reflecting elements of an online dispute resolution process. Traditional conflict resolution mechanisms and institutions. They may have particular value in stabilization and statebuilding efforts when judicial institutions are weak and social tensions are high. Institutionalising traditional dispute resolution mechanisms and. Traditional methods of conflict resolution intertribal conflicts were resolved through negotiations and compromises so that peaceful relations could be restored.
Traditional mechanisms of conflict resolution in southern sudan by dr. In fiji, community has played a large part in dispute resolution and in fact is central to many of the local dispute mechanisms. Introducing alternative dispute resolution in criminal. A dispute mechanism is a structured process that addresses disputes or grievances that arise between two or more parties engaged in business, legal, or societal relationships. Advantages and disadvances of dispute resolution process. Traditional value systems examples, intermarriages, festivals, music and dance, joking relationships that encourages unity, solidarity. Alternative dispute resolution ethiopian legal brief. Legitimising alternative dispute resolution in kenya. A reassessment of the impact and potency of traditional dispute resolution mechanisms in postconflict africa oyeniyi abe smith ouma introduction historically, traditional means of settling disputes have been commonplace in african societies. Traditional dispute resolution mechanisms have been integral part of the traditional justice system in kenya. Pfeiffer, traditional dispute resolution mechanisms in afghanistan 83 end of the taliban regime. Popular dispute resolution mechanisms in ethiopia accord. In the 1990s, congress passed three statutes the administrative dispute resolution acts of 1990 and 1996, and the alternative dispute resolution act of 1998 which, collectively, required each agency to adopt a policy encouraging use of adr in a broad range of. Indigenous approaches to conflict resolution in africa.
Alternative dispute resolution adr, or external dispute resolution edr, typically denotes a wide range of dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. Settlement mechanism actual settlement of disputes shack shifta social sociocultural sodo teff theft tigray tigreans tigrigna tplf traditional disputes tribal tribes type of disputes usually values verdict warra wasis wereare wolfgang. The region has an area of 161,828 square kilometers and a population of 17,205,000. Click download or read online button to get traditional mechanisms of conflict resolution in ethiopia book now. On the other hand, only one out of ten 10% corporations prefers transnational litigation whilst resolving their disputes at stake1. Those mechanisms were geared toward fostering peaceful coexistence among the africans. Indigenous systems of conflict resolution in oromia, ethiopia. Dispute resolution process tries to resolve and check conflicts, which enables persons and group to maintain cooperation. The procedures set out in the bylaws are clear and straightforward. Traditional dispute resolution tdr mechanisms and other informal justice systems find their rightful place in the conventional judicial system and that the same are meaningfully and actively utilized in facilitating access to justice especially for the poor kenyans. Alternative dispute resolution refers to processes for resolving disputes other than litigation. Traditional dispute resolution mechanism has received constitutional recognition under article 159 2 c, which obligates courts and tribunals to promote alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms. Resolution rather than alternative dispute resolution. The mechanism applies mainly customary law, rules and norms to solve disputes emanating within the community.
A reassessment of the impact and potency of traditional. In addition to the representatives of the 60 member states of. Chapter 3 different modes of alternative dispute resolution. Profile of the region and the selected study area amhara region is located in the northern and northwestern parts of ethiopia. Feb 11, 2019 as has been made evident in this article, traditional dispute resolution mechanisms may achieve both, considering that negotiation, mediation and reconciliation have deep roots in indigenous communities, which still have a strong belief in the principles of common humanity, reciprocity and respect for one another and for the environment. Pros and cons of the state and traditional justice systems bene. Feb 27, 2014 in a keynote address delivered at the workshop held on alternative dispute resolution mechanisms on 5 march 2011 in addis ababa, birhanu 2011. Justice in traditional igbo jurisprudence, ogirisi. A study of the barolong people of the northwest province, south africa journal of law and judicial system v1 i1 2018 12 african indigenous approaches to conflict resolution. This is a crosscutting dispute in different ethnic groups in southern sudan.
Methods of conflict resolution in african traditional society. Traditional conflict resolution as a better option to. Dispute resolution techniques and approaches kuala lumpur. The interaction of dispute resolution mechanisms in.
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