Karolina Werner • Violence as a Bargaining Tool: The Role of Youths in the 2007 Kenyan Elections Edwin Barasa Mang’eni • Darfur, Grand Conflict: Inter-Communal Rift and Grass-root Initiatives for Reconciliation Khalid Ali El Amin AFRICA PEACE AND CONFLICT JOURNAL Executive Editor Amr Abdalla, University for Peace, Vice Rector Managing Editor Tony Karbo, University for Peace Africa Programme, Senior Programme Officer and Associate Professor Assistant Managing Editor Catherine Nelson EDITORIAL BOARD Amr Abdalla, University for Peace Bertha Kadenyi Amisi, Syracuse University Hizkias Assefa, Eastern Mennonite University
Elham Atashi, Goucher College Johannes Botes, University of Baltimore Benjamin Broome, Arizona State University Jean-Bosco Butera, University for Peace Kevin Clements, University of Queensland Alyson Frendak, George Mason University Rachel Goldwyn, CARE International UK Michelo Hansungule, University of Pretoria Geoff Harris, University of KwaZulu-Natal Monica Kathina Juma, Kenyan Ambassador to the African Union and Ethiopia Tony Karbo, University for Peace Mary E. King, University for Peace Marion Keim Lees, University of Western Cape Gilbert Khadiagala, University of the Witwatersrand
Terrence Lyons, George Mason University Pamela Machakanja, Africa University Guy Martin,Winston-Salem State University Erin McCandless, Journal of Peacebuilding and Development Christopher Mitchell, George Mason University Tim Murithi, Institute for Security Studies, Addis Ababa Susan Allen Nan, George Mason University Edith Natukunda, Makerere University Sulayman Nyang, Howard University Martin Rupiya, Office of the Prime Minister, Zimbabwe Mary Hope Schoewbel, United States Institute of Peace Craig Zelizer, Georgetown University ISSN 1659–3944 Copyright ©2010 University for Peace
The Essay on South Africa’s Peaceful Social Change
An integrated society or methodological system on resolving certain conflicts is perhaps one of the key factors in buoying up peace within the post-settlement environment. The ideological milieu to such a coherent series of statements leading from a premise to a conclusion is divulged by traversing over the key figures and conceptual entities such as the merging of distinct technologies, ...
The mission of the University for Peace is to provide humanity with an international institution of higher education for peace with the aim of promoting among all human beings a spirit of understanding, tolerance, and peaceful coexistence, to stimulate cooperation among peoples, and to help lessen obstacles and threats to world peace and progress in keeping with the noble aspirations proclaimed in the Charter of the United Nations. —Charter of the University for Peace, Article 2, approved by the UN General Assembly in Resolution A/RES/35/55 University for Peace Africa Programme
PO Box 2794, Code 1250 Addis Ababa, Ethiopia Tel: +251-11-6180991 Fax: +251-11-6180993 www. apcj. upeace. org Jean-Bosco Butera, Director Tony Karbo, Senior Programme Officer Elias Cheboud, Research Coordinator Tsion Abebe, Programme Officer Publication of the Africa Peace and Conflict Journal is made possible by the financial assistance of IDRC. Golda Keng, Programme Officer Twodros Assefa, Logistics Officer Rahel Getachew, Administrative and Finance Officer AFRICA PEACE AND CONFLICT JOURNAL Guidelines for Contributors The APCJ is a refereed journal with a panel of international editorial advisors and readers.
All articles are anonymously peer reviewed by at least two referees. We welcome the following types of contributions year round and will periodically issue calls for papers on specific topics: Articles and case analysis—critical case studies or thematic discussion and analysis of topical peace and conflict themes (7,000 words maximum, including endnotes; abstract, 150 words or less).
Briefings/practice—training or intervention strategies, outcomes and impacts, policy review and analysis, country situational updates, and so on (2,000 words maximum).
Book reviews—critical assessments of new books that integrate peace and conflict concerns (1,500 words maximum).
Resources—reports, upcoming conferences and workshops, notices of new books and videos, e-communications, and Web sites that link peace and conflict studies (150 words maximum); documents, declarations, communiques, and other relevant nongovernmental or multilateral organizational statements (1,000 words maximum).
The Essay on Resolving Coworkers Conflicts Editor In Chief
Dear S akiko and Edmund, After reviewing both of your letters, I can definitely see that you guys do not get along. You both gave me your opinions of each other and I can see that you both have different views of each other. Hopefully, as your Editor in Chief, I can resolve your differences. Even though the two of you may not be on the same page, you really need to try and give each other respect. ...
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The editors reserve the right to alter all manuscripts to conform with APCJ style, to improve accuracy, to eliminate mistakes and ambiguity, and to bring the manuscript in line with the tenets of plain legal language. AFRICA PEACE AND CONFLICT JOURNAL: ISSN 1659-3944. Published in June and December by the University for Peace Africa Programme, PO Box 2794, Code 1250, Addis Ababa, Ethiopia, and the University for Peace, El Rodeo de Mora, Ciudad Colon, Costa Rica. Design and composition: Auburn Associates, Inc. , Baltimore, Maryland, United States Printing: Appi Sarl, Gland, Switzerland
YEARLY SUBSCRIPTION RATES: African subscriptions, US$50 for institutions, US$25 for individuals. International subscriptions, US$100 for institutions, US$50 for individuals. ELECTRONIC ACCESS: Visit www. apcj. upeace. org or e-mail the managing editor at upeace. org. COPYRIGHT: © 2010 University for Peace Africa Programme. All rights reserved. Requests for permission to reprint material from this publication must be mailed to Managing Editor, UPEACE Africa Programme, PO Box 2794, Code 1250, Addis Ababa, Ethiopia, or e-mailed to upeace. org. AFRICA PEACE AND CONFLICT JOURNAL Volume 3 Number 2 December 2010
CONTENTS Guest Editor’s Note v From the Managing Editor viii Articles Integrating Principles and Practices of Customary Law, Conflict Transformation, and Restorative Justice in Somaliland 1 Barry Hart and Muhyadin Saed Beyond the Ethno-Religious Theory of the Jos Conflict 18 Simeon H. O. Alozieuwa Oil, Politics, and Conflict in the Niger Delta: A Nonkilling Analysis 32 Fidelis Allen and Ufo Okeke-Uzodike Gaps in the Eastern Congo Peacebuilding Process: The Role of Peace Education and Local Tensions 43 Pyana Mwamba Symphorien Rediscovering Indigenous Peacebuilding Techniques: The Way to Lasting Peace? 60 Karolina Werner
The Essay on Distinctions Hutu Conflict Peace
To me the most interesting feature of the Rwandan case is that the ethnic distinctions were almost nonexistent before European colonization. Although the Tutsi, Hutu and Twa apparently differed in appearance, they did not emphasize those distinctions within their culture and the only major distinction for them was their place in the social structure. And although each group had a regular place in ...
Violence as a Bargaining Tool: The Role of Youths in the 2007 Kenyan Elections 74 Edwin Barasa Mang’eni Darfur, Grand Conflict: Inter-Communal Rift and Grass-root Initiatives for Reconciliation 90 Khalid Ali El Amin Briefing Integrity of Process: How Tree of Life Is Taking Root in Zimbabwe 106 Sara Templer Bookshelf Saviors and Survivors: Darfur, Politics, and the War on Terror, by Mahmood Mamdani 113 Reviewed by Guy Martin Africa’s New Peace and Security Architecture: Promoting Norms, Institutionalizing Solutions, edited by Ulf Engel and Joao Gomes Porto 117 Reviewed by Golda Keng iv AFRICA PEACE AND CONFLICT JOURNAL Guest Editor’s Note
Since the early 1990s, peace, conflict, and violence have become major preoccupations for researchers, policy makers, academics, and practitioners, leading to an extensive literature based on years of experience and knowledge. Contrary to the notion popular in some circles that western perspectives are at the forefront in the creation of knowledge in these areas, southern scholars and practitioners have in recent years become more robust and prolific in contributing to debates as they apply to Africa. The articles in this issue of the Africa Peace and Conflict Journal examine different issues in these three overlapping areas.
Barry Hart and Muhyadin Saed analyse how customary law principles and practices are being used to resolve clan and sub-clan conflicts, including acts of criminality. Using Somaliland as an example, they underscore the potential value of integrating principles of customary law, conflict transformation, and restorative justice in the search for peace and security. They emphasise the role of multi-sectoral approaches and actors in the promotion, interaction, and exchange of ideas to deepen understanding aimed at resolving protracted conflict.
The Essay on Peace And Conflict Resolution Journal Of School Violence In Japan
Peace and Conflict Resolution: Journal of School violence in Japan Japan is a relatively peaceful country in terms of juvenile delinquency. The level of violence in society in general and at schools in particular is one of the lowest in the world. The Japanese national culture and mentality with its respect to elderly people and politeness in general do not benefit the juvenile violence. Yodji ...
Their examination sheds light on how the international community could learn from organic and flexible traditional forms of resolving conflict and achieving justice. Simeon H. O. Alozieuwa raises the issue of the economic dimension in the ongoing tensions and occasional violence in Jos, Nigeria. He notes that the conflict is commonly viewed as an ethnic dispute, but argues that the ‘indigenous’ population’s fear of political domination by a ‘settler’ group and such a scenario’s ensuing economic implications are the true drivers of the conflict. Alozieuwa warns that failure to mediate the intensifying eligious dimension of the conflict could create space for extremists to further fan the flames, potentially generating and leading to the export of religion-based terrorism. Fidelis Allen and Ufo Okeke-Uzodike analyse the politics of oil production in Nigeria and the conflict in the Niger Delta pitting the government and oil companies against justice and environmental groups. Using the nonkilling political analytical tool, they critically examine the relationship between oil, politics, and the killing behaviours of state and non-state actors in the region.
Allen and Okeke-Uzodike argue that oil-related killings in the delta are a result of a lack of vision in regard to nonkilling leadership and politics. They contend that only a nonkilling approach to governance and the politics of oil and economic distribution and development offers a chance for lasting peace and social justice in the Niger Delta. Pyana Mwamba Symphorien discusses popular approaches to peacebuilding in warridden societies and their failure to bring about positive peace.
Focusing on the Democratic Republic of the Congo, he reviews the current state of discourse on the crisis in the east, noting the prevailing economic, mismanagement and bad governance, and politico-cultural schools of thought. Symphorien argues that while such analyses are valid, they fail to address the root causes of conflict and to foster inclusive and community-driven peacebuilding strategies responsive to the physical and psycho-social Africa Peace and Conflict Journal, 3:2 (2010), v–vii. © 2010 University for Peace Africa Programme. All rights reserved. ISSN 1659–3944. needs of affected peoples.
The Term Paper on PEACE Domestic Violence Agency
The PEACE Domestic Violence agency’s mission is to “reduce victim trauma, empower survivors, and promote recovery through direct services” (University of Phoenix, 2012, para. 9). Also, according to University of Phoenix Appendix B (2012),PEACE also strives to reducing the occurrence of sexual assault and domestic violence by educating the abused and the community and proposing ways to fight ...
He attributes the failure in DR Congo to peacebuilding processes that focus on the top leadership and macro-level solutions to the exclusion of a micro-level, transformative model. He advocates a paradigm shift to transformationoriented approaches to peacebuilding and peace education. Karolina Werner examines the role of indigenous peacebuilding mechanisms in post-conflict situations with a focus on the potential for hybrid forms that integrate traditional approaches and western strategies. She argues that state-driven judicial mechanisms from developed countries often fail to ulfil the needs of people in divided, non-western societies due to the fragile nature of governance systems in the war-torn nations. Werner notes the assessment that although western models of peacebuilding are often effective in securing quantitative peace, they are less effective at managing the qualitative dimensions of peace. Thus, she asserts the need to highlight the importance of historical context, culture, and local ownership, relayed through trust and cooperation of affected populations, as the cornerstone for any responsive and sustainable peacebuilding initiative.
She cites examples from Rwanda, Uganda, and Mozambique, where indigenous methods of conflict resolution have played significant roles in advancing peace. Edwin Barasa Mang’eni examines the role of youths in the 2007–2008 electoral violence in Kenya. He attributes what he views as reactionary violence to deprivation derived from structurally violent and alienating social and political environments that benefit only a few. He argues that Kenya’s youth violence and vigilantism are consequences of weak and fragile political, social, and economic structures of governance.
Mang’eni notes the need for peacebuilding approaches that embrace inclusivity, equity, and reconciliation to address the problem of youth violence. Khalid Ali El Amin assesses the potential for the realisation of grass-root initiatives for peace and reconciliation in the Darfur conflict. He cites the genesis of the Darfur conflict as being anchored in claims of identity, contested as ‘Arab’ pastoralists versus African farmers, and highlights the distinction between earlier inter-tribal conflicts in Darfur and what he refers to as the post-2003 ‘grand conflict’, in which the two communities are both victims.
The Essay on PEACE BUILDING PROCESS
Conflict refers to the state of opposition, disagreement or incompatibility between two or more people which is sometimes characterized by physical violence. Conflict occur in different forms such as boundary and territorial conflicts, civil wars and internal conflicts having international repercussions, succession conflicts in territories decolonized and political ideological conflicts. In the ...
El Amin argues for grass-root initiatives to achieve intercommunal reconciliation and restoration of peace, providing examples of efforts from the Arab and African communities that have alleviated tensions and improved or reestablished damaged relationships. Sarah Templer looks at how the Tree of Life, a therapeutic workshop process, is helping survivors and perpetrators of violence in Zimbabwe come to terms with the psychological consequences of their experiences and actions. She illustrates how the approach of the Tree to Life maintains what she calls integrity of process’ by being sensitive to local issues and customs, providing clear communication to manage expectations, and enabling participants to carry this survivor-to-survivor process forward. She also notes that policy environments can sometimes constrain the activities and voices of vulnerable groups. Guy Martin reviews Mahmood Mamdani’s Saviors and Survivors: Darfur, Politics, and the War on Terror, examining the conflictive interpretations and analyses given to the complex and much-debated Darfur conflict.
Martin highlights that Mamdani begins with pointed criticism of the U. S. -based Save Darfur movement, which Mamdani characterises as ‘anti-peace’ because of its insistence on military intervention as a means of resolving the conflict. He analyses how Mamdani traces the genesis of the vi AFRICA PEACE AND CONFLICT JOURNAL conflict to the ‘Arab-Fur’ civil war from 1987 to 1989 and disputes the notion that it is an African-Arab war. Mamdani’s interpretations and assertions, according to Martin, are likely to leave readers more confused than enlightened about the Darfur conflict.
Golda Keng reviews Africa’s New Peace and Security Architecture: Promoting Norms, Institutionalizing Solutions, a compilation of critical commentary anal-ysing the African Union’s new framework edited by Ulf Engel and Joao Gomes Porto. She outlines authors’ viewpoints on the five pillars of the peace and security architecture— the Peace and Security Council, the Continental Early Warning System, the African Standby Force, the Panel of the Wise, and the Peace Fund—and assesses the volume to be a well-written, well-researched, and candid contribution on these institutions.
The articles in this issue contribute to the perspective that the overarching goal of peacebuilding is to establish legitimate governing structures based on a set of embedded dimensions, rooted in historical and cultural contexts, that in turn determine the relationship between states and their citizens. They advocate for resilient political processes responsive and adaptive to change through mechanisms of democratic peacebuilding and justice, such as participation, inclusion, and consideration for local populations and contexts. Pamela Machakanja Associate Director
Institute of Peace, Leadership and Governance Africa University, Zimbabwe Guest Editor’s Note vii From the Managing Editor Welcome to another issue of the Africa Peace and Conflict Journal, the fifth since publication began in December 2008. Wars and violent civil conflicts have dominated media stories about Africa since the early 1990s. The 2009–2010 Human Security Report cites sub-Saharan Africa as having been one of the most conflict-prone regions since 1946, enduring anti-colonial conflicts, struggles for control of post-colonial states, and cold war proxy confrontations. These conflicts increased unevenly from the mid-1950s until the early 1990s. No clear trend was discernible in the 1990s, but between 1999 and 2005, the number of conflicts declined by almost two-thirds. Their number, however, again increased in recent years as a result of new or recurring confrontations in the Central African Republic, Democratic Republic of the Congo, Mali, Niger, and Somalia. From 2002 through 2008, sub-Saharan Africa experienced more non-state armed conflicts than all other regions combined worldwide.
On a positive note, the agreements to end some of Africa’s deadlier conflicts early in the new millennium—including those in Angola, Cote d’Ivoire, Liberia, and Sierra Leone—have, thus far, held. Although most civil conflicts have abated (at least somewhat), threats to peace and stability continue to plague the continent. Recent post-election developments in the West African nations of Guinea and Cote d’Ivoire are cause for concern. The devastating political impasse in Zimbabwe and on-again, off-again violence in the eastern DR Congo also pose threats to regional stability.
Although these simmering conflicts haunt African policy makers and academics alike, there are sometimes glimmers of hope, along with moments of regression. This most recent Human Security Report comes at a time when APCJ is exploring a number of security- and stability-related topics. The contributors to this edition look at various issues involving violence and security and how local communities have bypassed the state in seeking solutions on their own. Many questions remain concerning what should be done to build peace in the wake of violence:What are the dynamics of conflict in a given African context?
Why are youths at the forefront of violence in countries across the continent? What measures should or can be taken to mitigate violence? These and other questions must continue to be examined in trying to better understand conflicts in Africa and how to build peace there. The editorial team and the editorial board of APCJ wish to take this opportunity to thank all of our readers and benefactors for the encouragement and support they have accorded us in the past two years.
As we continue to build on our achievements, we would be grateful for feedback on how we can improve the quality of the journal as well as how we can sustain it. In the next few weeks, you will be receiving a survey about APCJ. Please take a few minutes to complete it and return it to us. Your participation would be deeply appreciated, as it will help us produce an even-higher-quality product. Africa Peace and Conflict Journal, 3:2 (2010), viii–ix. © 2010 University for Peace Africa Programme.
All rights reserved. ISSN 1659–3944. 1. Human Security Report Project, Human Security Report, 2009/2010: The Causes of Peace and the Shrinking Costs of War (Vancouver, 2010), www. hsrgroup. org/human-security-reports/20092010/text. aspx. APCJ and the University for Peace (UPEACE) Africa Programme continue to benefit from the generous support of the International Development Research Centre (IDRC) of Canada, whose financial assistance has made possible the publication of the journal since 2008.
The patronage of IDRC has also allowed a number of junior researchers to benefit from UPEACE-led capacity-building trainings in peace research and from support for doctoral research and fellowships. I extend our gratitude to guest editor Pamela Machakanja, associate director of the Institute of Peace, Leadership and Governance at the Africa University in Zimbabwe, for guiding our understanding of the various topics and ideas covered in this issue of APCJ. Tony Karbo From the Managing Editor ix Integrating Principles and
Practices of Customary Law, Conflict Transformation, and Restorative Justice in Somaliland Barry Hart and Muhyadin Saed In Somaliland, customary law is primarily used to resolve clan and sub-clan conflicts and address certain criminal issues. After years of civil war, peace was established in Somaliland in May 1991 through the use of principles and practices of customary law. Examination of customary law’s relationship to international conflict transformation and restorative justice theory and practice is in the early stages.
An integration of these methods of change needs further exploration for the purpose of informing local and global problem solving and the application of justice. The values that underlie these practices necessitate that special attention be paid to the potential bridge that restorative justice might provide between Somaliland’s customary law and civil law. DUE TO CHANGING SOCIAL, POLITICAL, ENVIRONMENTAL, AND economic realities in Somaliland, particularly in urban areas, customary law is undergoing a period of adjustment. Though still widely used, its approaches for dealing traditionally with conflicts over the spilling of blood, camel raiding, pasture and well use, and women Barry Hart is a professor of trauma, identity, and conflict studies at the Center for Justice and Peacebuilding at Eastern Mennonite University, Harrisonburg, Virginia, United States. He has worked extensively in the Balkans and West Africa as well as in Somaliland, where he helped develop the Institute of Peace and Conflict Studies at the University of Hargeisa. Muhyadin Saed is the lead researcher in conflict resolution at the University of Hargeisa.
He received a postgraduate diploma from the university’s Institute of Peace and Conflict Studies. The authors gratefully acknowledge the assistance of Linda Lavender in the development of this article. Africa Peace and Conflict Journal, 3:2 (2010), 1–17. © 2010 University for Peace Africa Programme. All rights reserved. ISSN 1659–3944. 1. Prior to becoming a British protectorate, Somaliland had two legal systems: customary law and Islamic, or sharia, law. These legal systems worked together to regulate civil and religious life, with the former holding greater sway in everyday matters.
As a result of the British presence (1884–1960), Somaliland adopted statutory or codified law, as well as British common law, which emphasizes court decisions more than statues or codes. For details, see Bryan A. Garner, A Dictionary of Modern Legal Usage, 2d edn (Oxford, Oxford University Press, 1995).
After independence in 1960, when Somaliland briefly merged with the southern part of Somalia formerly referred to as Italian Somalia, its legal system was altered so that ‘common law was overruled by the civil law tradition’.
Civil law gives judges more freedom in interpreting statutes, with less emphasis placed on prior court decisions. See Mohamed Farah Hersi, ‘Research guide to the Somaliland legal system’, February 2009, 2. 1. 3 customary law, www. nyulawglobal. org/globalex/somali land. htm#. seem insufficient for resolving some current concerns, such as those involving more complex issues of property ownership, boundary disputes, and situations resulting from a growing urban population fleeing drought and desertification. In short, the means of resolving contemporary issues ‘often [go] beyond the scope of traditional intervention’. The traditional problem-solving practices of customary law have been the foundation for Somali social, economic, and political life since around the seventh century. In the early 1990s, traditional leaders—aqils, sultans, and odays (clan elders)—used these practices to bring peace to Somaliland. Through patience, listening, and skill, they negotiated peace settlements that included foundational principles and structures for an ‘independent’ Somaliland. 3
Customary law practices continue to have an important place in problem solving and justice in rural Somaliland, but even in this context, limitations are arising. The organic and flexible nature of Somaliland’s customary law needs to be employed to adjust to the rapidly changing social and political realities of its urban and rural settings. This process would appear to involve strengthening existing problem-solving principles and practices and potentially integrating others developed outside of Somaliland. Among them would be conflict transformation, which has origins theoretically in the West but also utilizes many practical conflict resolution skills of African and other indigenous peoples. Another area in need of change is the relationship between customary law and Somaliland’s westernized, secular civil law system, as there is an ever-increasing interface between them. 6 Professionals in the legal community, educators, and traditional leaders should be encouraged to further develop this linkage in order to enhance creative problem solving and application of justice in Somaliland. Meeting this need requires an innovative integration of traditional methods with existing legal frameworks, including, for example, introducing restorative justice to serve as a possible bridge connecting the two systems.
