THE FUTURE OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN THE PREVENTION OF CONFLICT (original) (raw)
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2018
This article sought to assess the effectiveness of the approaches employed by the various actors in the management of conflicts with a focus on Tana escalated to unparalleled armed violence with loss of life and property. Various actors have employed diverse approaches in response to the conflict and to build peace. However, in spite of these effor region has experienced periodic relapses into violence. The government of Kenya has utilized hard power mechanisms while Non various conflict management and reconciliation approaches. Un and turned into a devastating situation that has claimed in the region. The article proved that the approaches employed in the management of the Tana River conflict di and trigger causes of the conflict in order to understand the context of the conflict and to determine the appropriate responses to be employed in the management of that the entire peace building process lacked clear coordination in terms of programming, funding and the deployment of human ...
The causes of violent conflict in Marsabit County, their impact and the dynamics of conflict are subject areas that have been well researched by both peace and conflict practitioners and academicians. Although the ineffectiveness of strategies and mechanisms used to prevent, mitigate and transform violent conflict in Marsabit has been mentioned, there has been insufficient analysis on their effectiveness in preventing, mitigating and transforming conflict in Marsabit County. Furthermore, the lack of effective strategies and mechanisms has led to recurrent conflict in Marsabit County. This study fills this gap by first identifying the factors that have led to the changing nature of conflict, the causes of conflict viewed through different lens and the mechanisms and strategies used and their analysis. Secondly, a comparative analysis illustrates the effectiveness or the lack of effectiveness of strategies and mechanisms used in preventing, mitigating and transforming violent in Marsabit County. The lack of effectiveness is tied to the notion of authenticity of institutions and the process through which they undergo in their formation. The research shows that a strong element of origination of institutions, their mandate, values and interests present incompatibilities that make it difficult for its acceptance by the local groups. This lack of acceptance makes these institutions lack the authority to effectively prevent, mitigate and transform conflicts as they have in-built incompatibilities that sometimes contradict the values and interests of local groups. In recognizing the central role and importance the government plays in provision of Human Security, the devolved system of government has been identified as the main opportunity that needs to be exploited to turn things around. The devolved system of government presents opportunities for different groups to cooperate in institution formation and for their participation in holding leaders accountable through several forums. Chapter three and four covers public participation, which is premised to be the way forward in origination of institutions and in active participation in the affairs of government so that processes are transparent and leaders are held accountable for their actions.
2020
Conflict is inevitable and so is an increased quest for peaceful coexistence in modern societies. Therefore, the process and effectiveness of applied resolution mechanism are what matters. Formal legal systems of conflict resolution in African countries are post-colonial western institutions used to seek justice. However, entwined within the cultures of most communities are traditional dispute resolution mechanisms (TDRM). Although used, these TDRMs remain unrecognized. This paper critically analyzes broad literature on four such mechanisms as practiced by various communities in East Africa. The selected mechanisms include mato oput, a traditional justice system of the Acholi tribe in Uganda; abunzi mediation, a Rwandan approach to local justice; judiyya, a grassroots system of arbitration that focuses on reconciliation and the restoration of social relationships in Darfur community in Sudan; and taboo system, a source of peace for Isukhas of Kakamega in Kenya. The paper explores the general principles used in traditional dispute resolution mechanisms, their effectiveness in enhancing human relationships, and implementation challenges with the establishment of formal legal systems and the complexity of disputes encountered. Process of change is identified. The methodology is critical analysis of secondary sources and data. Four common principles, known as the 4Rs, emerge from this analysis: respect and sincerity; reconciliation and forgiveness; restitution and atonement; and restoration of peace. The effectiveness of the selected TDRMs is seen in four areas: fostering justice; truth and compensation; enhancing human relationships; forgiveness and reconciliation; and restoration of peace and harmony. Synthesis of the literature reveals that most African countries still hold onto customary laws under which application of traditional dispute resolution mechanisms is common. The paper argues that although it is important to solve conflict using international, national and state institutions, we must underscore the role of traditional dispute resolution mechanisms for certain conflicts or parts of it, especially interpersonal and intergroup disputes. These expeditiously implemented mechanisms of resolving conflict are effective, enhance human relationships and peaceful coexistence, and focus on the needs and interests of parties involved and the community as a whole.
The International Journal of Social Sciences and Humanities Invention
The Somali community that inhabits northern Kenya have over the years solved their conflicts through alternative dispute resolution mechanisms that have been key in helping members of these community live together in harmony . However, modernity has made it difficult for the continual use of this method despite its traditional effectiveness. This study there aimed at shading light on the effective ness of TSJBCM in a world where the formal modes of dispute resolution such as courts have taken over. The study was conducted in Dujis constituency in Garissa county where the respondents were mainly ethnic Somalis. The results of the study indicated that TSJBCM had proved effective especially in cases where the formal modes of conflict resolution had failed.