ABSTRACT
The study examines the Analysis of
Customary Method of Alternative Dispute Resolution Mechanism (ADR) in Chibok
Local Government Area located in Borno State. Objectives and research questions
were formulated to guide the study. The relevant data for the study were
collected through personal interviews involving face-to-face interview of the
respondents and information from records of transaction in Chibok LGA. The
results of the results of the study revealed that traditional methods of
dispute resolution are cheaper, fast and more understandable than the
conventional one. Based on the findings of the study recommendations were made
on how those traditional methods can be incorporated into the existing
conventional legal system. A total of four Zanna's i.e. (special advisers to
the Shehu on different matters) and Bama of Borno i.e. (the mediator between
Kibaku's in Borno) were interviewed as respondents because of their closeness
to the Shehu in dispensations of justice.
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND OF THE STUDY
This
chapter is mainly concerned with the introductory part of the project and
explanation as to how the research is going to be conducted.
"Generally
the term Alternative Dispute Resolution, (ADR) some call it Appropriate Dispute
Resolution, others call it Amicable Dispute Resolution, still others, who
believed that rooted in Africa, called it African Dispute Resolution.
Whichever, one may wish to call it, the fact that is a need to supplement
litigation through more peaceful and user friendly options for resolving
disputes" Ogunyannwo, (2005).
The
term Alternative Dispute Resolution (ADR) originated in the United States of
America (USA). But in some writers contention it originated in African. But all
the same the main objective of it is to find alternative to the conventional
legal system, felt to be adversarial, costly, unpredictable, rigid, damaging
relationship and limited to narrow right remedies. Ogunyannwo (2005). ADR as a
term covers the whole range of alternative to which involves third party
intervention to assist in resolving dispute amicably. ADR process can be
devised to suit complex dispute; in interpersonal, communal and ethnic
conflicts. Where is willingness to use alternative methods of dispute
resolution, an appropriate process can be found. Likewise the traditional
process of Alternative Dispute Resolution (ADR), focus on the cultivation of
effective communication and interpersonal skills, patience, tolerance
accommodation. It promotes dialogue openness, understanding and trust capable
of redirecting the people's energy into reaching consensus in personal, public
and commercial disputes. This is the consensus dictate, found in many ancient
cultures of Nigeria and indeed Borno in particular.
ADR
as a term covers the whole range of alternative to litigation, which involves
third Pity intervention to assist in resolving disputes. The traditional method
of disputes resolution (APR) is flexible and adaptable. In addition, it was
indeed the first well-developed alternatives to.However, it was gradually fade
away by die introduction of colonial legal system, military and modem reasoning
that are alien, our rich cultural heritage of dialogue, accommodation and
tolerance.
This
research work is concerned mainly with the traditional Analysis of methods of
Alternative Disputes Resolution mechanism (ADR) which includes among others,
negotiation, mediation, arbitration and reconciliation, And it narrowed down to
the Shehu of Borno's Palace in Maiduguri, the State capital.
These
methods of traditional Alternative Dispute Resolution, is all about positive
perception of agreement resulting from co-operation, compromises and consensus
among the individuals with a set goal of achieving the best for mutual
relationship. Indigenous dispute resolution in traditional society had
spectacular features uncommon in the global space. The notable feature of this
dispute resolution stood our traditional societies in the vantage position of
demonstrates their culture. This was why in pre-colonial traditional societies,
peace and harmony somehow reigned supreme and produced unique atmosphere for
peace to thrive and development became dynamic.
According
to Adewoye (1977), it is pertinent to emphasize the points that when properly
approached with the light method, despite in indigenous society had always been
resolvable. To understand the features of indigenous dispute resolution in
traditional African societies, is quite necessary for meaningful development
and to facilitate peace and enhance harmonious relationship among the parties
in dispute Chibok Local Government Area with traditional name Chibok is one of
the 27 local Government Area of Borno State it was created in 1st October, 1996
by the Military Government (Abatcha Administration). The area in habited by Kibaku's
is between; 10:30 and 11:0 North and approximately 12.0 and 13.0 east. The
Chibok Local Government Area land is heated in southern part of Borno state of
Nigeria. The area is bounded to the north by Damboa local government (Marghi
speaking people). To the west by Biu Local Government (Pabir/Bura speaking
people). To the east by Gwoza local government area to the south by Askira/Uba
local Government.
Chibok
Local Government Area, the headquarter of the Kibaku's people is located some
128 kilometers south west of Maiduguri the Borno state capital and about forty
(40) kilometer from Damboa with her population (over 70,000). Potentials as
history.
RELEVANCY
OF KIBAKU PEOPLE
Historically
Chibok Local Government Area is epic of great heroic movement in search of
people, stability and values. According b Kibaku's sub-clans this was done to
the fact some of them claimed to have of the fissions happened before their
arrival to Chibok Local Government Area hill. Perhaps this could as result of
family conflict and families grows to extended ones which could lead to
scarcity of land as a result. It lead to migration and separation. All could
have a common clan name but each having different sub-clans.
This
is why up till today, most Kibaku's regard the Shehu as the first instance
judge, while the Shehu's Palace as the first instance court, because of this
liberation of Borno. The second reason is that the Borno communities particularly
the Kibaku's regard the Shehu's Palace very important because of its speedy and
less cost nature of trial that they experience up till today. And almost all
dispute referred to the Shehu are being treated in accordance with the Kibaku
tradition and also with the tenet of Islamic Law, and each dispute is being
handle by and experience title holder in the matter. Example, dispute involving
inheritance which is most common among the Kibaku's is being handled by
Mai-inkinindimi himself who js also the Palace Judge in the Shehu's Palace,
These are some of the reasons that the Kibaku's then resort in almost all
dispute to the Shehu,s Palace to seek for an amicable settlement,
1.2. STATEMENT OF
PROBLEM
It
is significant to note from the very beginning that the derivatives of the
conflict or dispute in traditional African societies germane to the cultural
activities of the people. Hence peace and conflict are indices of cultural
allied to governance and social engineering in indigenous African societies. In
traditional African settings disputes arises mostly within families, economic
and chieftaincy levels.
In
view of the above, this study is set to examine the forms of traditional
Alternative Dispute Resolution mechanism (ADR) offered in Chibok Local Government
Area and also to find the related problems of the subject.
1.3. RESEARCH QUESTIONS
The
following research questions were formulated to guide the study in meeting the
above objectives.
1. What are the approaches of Alternative Dispute
Resolutions (ADR)?
2. What is the importance of customary
(ADR) mechanism to the Kibaku's
3. What are the related operational
problams in applying customary (ADR) mechanism in the Chibok Local Government
Area
4. What are the related problems in
handing different cases by the title holders?
5. What are the barriers against the
incorporation of the customary dispute resolution mechanism into the
conventional civil procedure?
1.4. OBJECTIVES OF THE STUDY
This
study is aimed at finding out the true nature of traditional dispute resolution
methods in
Chibok
Local Government Area. The study also aimed at determining the following:
1. To find out the specific areas of
LAPRJ mechanisms among the kibaku's in
Borno
2. To find out the operational level or
frequency of customary CAPRI mechanism as against the conventional civil cases.
3. To look at the hierarchy and
approach of mediators in the area
4. To look at the ways and means of the
customary dispute resolution mechanism into conventional civil courts.
1.5 SIGNIFICANCE OF THE STUDY
The significance of this study lies
in the fad that it would help the readers of this work in assessing the
objectives of applying Alternative Dispute Resolution mechanisms (ADR) by the traditional
rulers in Borno, particularly in Chibok Local Government Area. Also the study
meant to maintain unity and understanding among the Chibok Local Government
Area subject, coming from different clans and religious background in search of
peace through amicable settlement of dispute from the Chibok Local Government Through
the knowledge of (ADR), one should know the various means of amicable settlement of dispute mechanisms
which is not time consuming and cheap in nature.
Finally
this study would serve as Q' source of literature on the traditional methods of
dispute settlement.
1.6.
SCOPE AND LIMITATION OF THE STUDY
The
scope of this study covered Chibok Local Government Area in Borno only. This is
because the concentration of cases settled through traditional ADR methods
mostly are in the Shehu Palace here in Maiduguri the state capital.
CHAPTER TWO
LITERATURE REVIEW
2.1
Introduction
In this study,
literature has been reviewed under the following subheading:
1) Common causes of
conflict,
2) Various theories of
conflict.
3) An approaches to
conflict management
4) Women in conflict
management.
5) Alternative Dispute
Resolution (ADR) mechanism.
6) Theoretical
framework of the study.
2.2.
Common Causes of Conflicts
"In
every relationship, the differences that make us unique individuals are also
sources of potential, conflict between us. We differ in our vales,
self-interests, priorities and in many other ways. The greater the differences
the heavier the burden on our ability to manage those differences. The less
effectively we manage differences the more conflict we experience as a result'
Ogunyannwo (2005).
2.2.1,
Definition of Conflict
Conflict
is a situation in which two or more human beings desire goals which they
perceive as being obtainable by one of the other but not both. Each party is
mobilizing energy to obtain a goal a desired object or situation and each party
perceives the other as a barrier or threat to that goal. Miall et al. (2000).
This defination suggests that conflict is in human society. Zartman in his view
conflict is an inevitable aspect of human interaction. Therefore whether or not
conflict plays a or dysfunctional role in human relation depends, on the manner
such a conflict is managed resolved.
Conflict according to
the Chinese is an "opportunity to change". This means that conflict
is neither negative nor positive. What determine the way conflict go are our
own attitudes, how we were brought up and die information we have. These
factors often dictate the way we manage any conflict. For instance a person who
perceive conflict as war, disagreement, fight, chaos, destruction, crises e.t.c
sees conflict as something that should be avoided. He she sees conflict
negatively and therefore will manage it destructively. On the other hand a
person who perceive conflict as a necessary dimension of peace, progress,
change, development e.t.c. sees conflict positively. A with this positive view
of conflict manages conflict constructively. In all, therefore the way we
approach conflict is normally depends on our perception of our parents ad mass
media provide us with.
It
is of interest to note that conflicts are inevitable and inherent in all
interdependent relationships. Conflicts usually reflect the diversity and
complexity of human societies and are not necessarily a dysfunctional
experience. Conflicts are propelled by basically the same factors, these
factors includes among others struggle for scarce resources, social injustice,
class in equality, unequal power relations, differences in values and Interest.
Other factors according to Osaghae (1998) include diminishing resources,
contradiction of economic and political reforms and the emergence of
generations of frustrated and unemployed youths desperate to make ends meet in
a depressed economy. These have been exacerbated by the ventilation for
suppressed demands that has been provided by democratic struggles. Conflict is
any form of confrontation between two or more parties resulting from a
situation where these two or more interdependent groups or systems of action
have incompatible goals Diller. (1997). It is universally accepted that
conflict is inevitable, and it is every moment occurrences.
According
to Maoz (1982) conflict is "a state of incompatibility among values, where
the achievement of one value can be realized only at the expense of some other
values, Thisdefinition shows the nature of inevitability in the relationships
between two or more parties. Here the writer (Maoz) shows that not all conflict
situations are negative, some often facilitate a transition, which create
opportunity for change and even development. though there are several causes of
conflict, but they can be categorized into the following:
Ø Conflict
may occur due to resources.
Ø Conflict
may take place as a result of psychological needs.
Ø Conflict
may occur due to values.
Ø Conflict
may also emerge as a result of mismanagement of information.
Both
at the inter-group, intra-group, national and international levels, many
experts is peace and conflict studies have shown great concern on the rise
infrequency and intensity of conflict with major focus on the roots or causes
of conflict. Thus there is a no way, a meaningful peace can be achieved without
considering and analyzing the causes of conflict at all levels.
1. Psychological
needs: conflict that arises due to psychological needs are those that cannot be
seen. Psychological needs, are physical in nature as they involve a mental
phenomenon within an emotional framework. Psychological needs tend to do with
perceptions. Different people with different levels of perception, and one's
perception determine the direction of his relationship with other It is of
great pleasure to note that a wrong perception need tends to generate conflict.
There are different dimensions of perceptions, these include among others:
Intrapersonal perception, this is the way an individual perceives or sees him
in a given time. Intrapersonal perceptions, here the way one may sees other
people which Perception of situations this perception are informed by the
happening around us.
2. Resources: conflict can be emerging due to resources. It is easy to identify any conflict that emerges consequent on resources. These conflicts erupt when two or more partiesaspire for scarce resources, Thus there is tendency for emergence of conflict in a situation where by the aspiring parties in their demands are more than the available resources. For example the conflict in the Niger- Delta region of Nigeria can be easy identified as resources conflict Likewise 'the major cause of violent conflict in Liberiais over the control and of Diamonds, Timbers and other raw materials, At times resources play dual roles: they serve as the root cause of the conflict as well as conflict sustenance elements. This is because control over these resources financed the various factors and gave them means to sustain the conflict.
3. Values: conflict may also arise due to differences in the values of the people or organization; values include philosophy, religion and ideology among others. The valuedescribe our personalities our potentials and our shot coming, even our down laws. For example in Nigeria religious crises have been great problems. The main problem is not the difference in religion practice, but the conduct and the operations of various religious classifications are the main problems. In order to understand the root of a particular conflict, one must consider the time of value. For example before the collapse of the Soviet Union at the close of 1980's their was cold war between the west and east block, which were led by the USA and defunct USSR respectively which termed as ae value conflict.
Still, on ideology some political elites who believe in a state-based economy will never acknowledge individuals or private organizations control of the means of production. For example the conflict between Cuba and America is not basically based on resources but on ideology. America's hatred for communism is always demonstrated in the activities of the US against Cuba. The ideology of Americans plays a big role in generating conflict at that time.
4. Management of information: information plays a vital role in the conduct of human ad organizational interaction or relationships. Information if not well managed can generate conflict situation. The way an average informed person perceives things will definitely be different from the ways on behave an uniformed individuals will behave on a specific issues at a given times.
In Nigeria, because government understands the importance of information that is why there are information gathering and dissemination agencies like public complaints commission, National Orientation Agencies, Ministry of Information among others were in placed PCR 711 (2006).This is not to say that government in Nigeria is doing enough in the management of information, that is why there exist several communal crisis, and insurgency in Nigeria, despite the existence of various security machineries, such as the state security services SSS and police who ought to have developed a form crisis or conflict prevention strategies and peace generation mechanism. It is unfortunate that most of our security personnel do not have the knowledge and skills of conflict management. This position was clearly manifested in Maiduguri the Borno state capital in the recent case of brutal and unlawful killing of Sheikh Muhammad Yusuf the leader of the religious sect Jarna'atu Ahlil-Sunnah Lida'awati Wa- Jihad, better still known as the Boko Haram in 2009, by the police security personnel. After the unlawful killing of the Sheikh, the crisis in Maiduguri has taken a new and more violent dimension rather than subsiding.
At the international level, the Iraqi war has shown the importance of information in the conduct of international relations. Had it been that the USA government had enough information about Iraq, she and her allies would not have gone for the war but rather they adapt some diplomatic means to address the issues of Iraq. Now Saddam have been displaced but no peace has been achieved so far in spite of huge human and material resources being pumped into the execution of that war. At last no nuclear weapon. has been formed in Iraq till now.
In a nutshell, this part of the research shows that, resources, psychological needs, values and information management as the root causes of conflict at all levels of human interaction ranging from intra or interpersonal, national to international level which could either be positive or negative in nature.
2.3 Causes and sources of conflict in Traditional
African Societies
Conflict had been prevalent in all traditional African societies and had often had it origin in many aspect of their cultural life PCR (713).It is clear that conflict in traditional Africa is a natural phenomenon in human societies except that the approach to its perceptiveness, nature and management varied from society to society. Even the pattern and phases of conflict vary from community to community.
In African societies the understanding of conflict and its corruption was anchored on the disaffection between the humans and the supernatural. Thus, unless an ontological balance in. maintained between the two parties, peace conflagration remained uncontainable.
2.3.1. Sources of Conflict
A source of a thing, concept or idea can be simply defined as the origin or the genesis of it. A source signifies a reference point suggesting authoritative allusion and therefore serves as the fundamental basis of the existence of knowledge about what is being referred. Thus a source provides a road map to the understanding of a knowledge-based subject.
It is significant to note from the very beginning that the derivatives of the people. Hence, peace and conflict are indices of culture and social engineering in indigenous African societies.
Most conflict in traditional African societies derived its sources from the following factors Coser (1956):-
I. From the family level: this has been considered as the basic unit of African political culture. An individual in the family had the light of protest show his or her annoyance over many things. This could either he over a property inheritance o: material relation Gluckman (1956).
II. From the economic pond of view: it has been found out that conflict also become inevitable in traditional African societies. This justified by Coser (1956) Which include land encroachment, territorial dislocation house sequestration, trade imbalance and nonpayment of tribute or loans can be identified as the reasons for conflict origination in traditional African.
III. At chieftaincy level: conflicts are prevalent in Africa it had their origin, from time immemorial, from the inevitability of competing forces to the royal thane especially when the norms and customs have been relegated to the background. This is the elements of chieftaincy conflict derived from tussle to the throne, misapplication of custom and tradition of African societies bordered with impeachment and dethronement which might lead to the broad conflict within the affected kingdom or chiefdom (1956).
IV. Breakdown of diplomatic relations: Conflict can also derive from the breakdown of diplomatic relations among various African societies. This often led to inter-communal conflict and violence. It is also evident that invasion of territories for one reason or the Other had often causes conflict. Likewise insult to the supernatural, braking of communaltaboo breach of sacred sanctions and insult to one another's religion were also contributory factors of conflict in traditional African societies.
V. Personality conflict: Another source of conflict in traditional African societies is personality conflict. Africans cherished their personality and ethos of respect and honour. Assaults on personality often generated conflict. Breaking of covenant and the negligence of social responsibilities were obvious ground for generating conflict.
2.3.2. VARIOUS THEORIES OF CONFLICT
A theory as defined by Encarta 2004 and in Faleti (2006) is an idea or belief about something arrived at though assumption and in some cases a set of fact propositions or principles analyzed in their relation to one another and used However, even when scholars have agreed that whatever is described as theory needs to be more than a collection of facts it is the case that not all statements that go beyond facts are theories. A theory would have little or no value if all it does is to provide facts which people believe to be true about particular past or current events. For a theory to have any value at all at must explain or suggest ways of explaining why a subject matter has certain characteristics. Faleti (2006).
2.4, Conflict Theories
Scholars have proposed different theories of conflict from the level of the individual to the level of the society. Conflict does not always start between two parties. Even within one individual, there can be conflict. This type of conflict theory is known as the dilemma type of conflict Galtung (1996). two parties or actors pursue the same goals, this is described by Galtung as the dispute theory of conflict formation. In this context actors hold antithetical objectives or desires. What one party means loss to the other party.
Galtung (1996) also presents actors conflict and structure conflict. His emN1asis here is to show that there can be latent conflict and there can be manifest conflict. The main difference between the two is the extent to which the conflict has become not only pronounced but also demonstrated. In actor's conflict, the actor or the party is conscious of what he or she wants and this influences his or her relationships with the other party. The structural conflict on the other hand is embedded in the sub-conscious. Articulating is often tasking and almost impossible, in such instances, there is a contradiction strong enough to cause conflict but there is no awareness or articulation of it.
Ayoade and Olonntimehin (2002) provide theories on causation of conflict. The cumulative theory describe a situation where actors actions are delayed till the situation get unbearable, most social unrest involving especially the urban poor fall into this category, Boko Haram of Maiduguri as case study. The theory further describes a situation where each perceived action is enough to spark social turmoil.
There also the community relations theory that assumes that conflict is caused by continued polarization, and hostility between different groups within a community. There is also human needs theory which opined that deep-rooted conflict is a result of insatiable basic human needs physical, psychological and social. Also include among others security identity, recognition, participation and political autonomy. The identity theory assumes that conflict stems from feelings of threatened identity. This is usually rooted in unresolved past loss and suffering.
Fisher et al (2000) profound the intercultural miscommunication theory that postulate incompatibilities between different cultural communication styles. The realist's theories on the cause of conflict based 011 strong reservation for the idealists. Realist such as Morgenthau (1973) relying on rational political order hinged on universally accepted as valid abstractprinciples. The realist believed that human nature can easily be changed. They trace the cause of conflict to the inherent nature; this is selfish and naturally conflictive.
Another realists Levy ('2001) his theories on conflict looks at the international level. He categories conflict among states into 3 levels.
1. Systematic level sources
2. Societal level sources and
3. Individual level sources of international conflict.
At the systematic-level the prevailing system regulating the conduct of international relations at any point in time. At the international level it cars precipitin conflict. At the societal-level levy, says that. conflict breakout at the international scene because of attempts by one or some countries to impose or spread their own political. or economic ideology though this also enhances peaceful relations amongst states. Levy, also observes that international conflict can also be explained by the theory of individual-level sources of international conflict. He argues that the belief system of individual political actors, their philosophies of world politics. their perception of information and decision making can cause differently in the same situation due to the features that highlighted above. These are some of the conflict theories propounded byvarious schools of thoughts ranging from individual to societies, from societies to international level.
2.5, AN APPROACHES TO CONFLICT MANAGEMENT.
Within the
context of Africa's conflicts, authors like Albert (1999) and Imobighe (2003)
categorized the approaches to conflict management the following; the judicial,
power- politics, conciliatory, problem solving, confrontation and avoidance.
1. The Judicial Approach: the judicial approach to conflict management is based within the local framework in which a neutral party is given power by the conflicting parties to assume the responsibility of evolving an effective agreement concerning the resolution. This is purely legalistic and is based on legal procedures available within the confine if the law. For example the rules of municipal or international laws applicable in that area in questions. This approach gives a win lose outcome because it's legalistic nature, The judicial approach is essentially a settlement of dispute by way of litigation. In that case, the adversaries have no influence in choosing the third party i.e. the (judge) who the decision is making body.
2. The Conciliatory Approach: this involves the process in which a third party tries to bring the conflicting parties to agreement thigh improving communication and understanding between them. Is it also through this process the parties is conflict can be assists in order to realize the issues that brought about the conflict between them, Through conciliatory approach the parties in conflict can explore avenues toward a peaceful settlement. Deep-seated conflict especially those involving deep emotions necessary require the systematic replacement of negative and perceptions with positive one and thereby helping the parties in conflict to some mutuality of interest which could be capitalized on for the resolution of the said conflict.
3. Power-politics approach: this is a situation whereby a third party takes the initiative to manage a conflict out of concern bordering on realizing its own broader strategic interests rather than the interest of other parties to the conflict. The third party throws into the conflict its leverage, weight but not confidence, process and impose outcome on the parties. For example the superpowers during the cold era managing conflict among states based on power- politics. Problem solving approach: In this approach the parties to the conflict either by themselves or through the assistance of a third party, find solutions to their problems in a cordial manner. This procedure is not judgmental and highly participatory nature. It's also promoting cooperation between the conflicting parties who jointly analyze the structure of the conflict and carefully work out strategies for reconciling with each other. Many peace scholars such as Albert (1999) consider problem solving approach as the best method of conflict resolution. This is because its outcomes are usually self- supporting, in the sense that it is advantageous to all the conflict parties.
4. Confrontation: This approach involves verbal aggression threats, physical violence or litigation from the aggrieved party with the aim of getting a win-lose outcome. It is pertinent to note that most conflicts that have escalated in Africa were confrontational ones. For example the ongoing Libyan conflict is confrontational and violent one.
5. Avoidance: This is also another form of approach to conflict management. It is refers to or discrimination are denied recognition by those who have the capability to assists in redressing the injustices done to the group. In a nutshell an approach to conflict management is a process in which an individuals especially leaderships handle conflicts within a cordial relationship Albert (1999).
2.6. DIFFERENCE BETWEEN
WESTERN AND AFRICAN APPROACHES
Although conflict is human, universally, the nature conflicts and the method of resolving it, differ from one socio-cultural context to another.
In the western assumptions and techniques, conflict commonly perceived to inhere between two or more individuals pursuing their own interests various domains of life. The western view of conflict as natural and in principle had led many proponents of conflict resolution to identify random and organized violence as symptoms of a need for social and change. The basic assumption made by the western conflict resolution theories is that conflict can be fully resolved PCR 711 (2006).m1is philosophy, whereby virtually every conflict can be managed or resolved which opposed to cultural approaches, including African and Islamic culture which takes the less optimistic view that many conflict may be intractable. They can evolve through phases of escalation and confrontation as well as phases of calm and return to the status quo ante. Conflict according to the western believe erupts either due to different interpretations, issues, values, interest and relationships or because of unsatisfied human needs.
2.7. AFRICAN TRADITIONAL APPROA CHES TO CONFLICT
MANAGEMENT:
A. The Pokot and Maasai peace building culture. Quoted in the paper presented by Dr. Somjee Sultan from peace museums Kenya. In Kenya there a two ethnic groups that involved in ethnic clashes for over a decade. These ethnic groups are poket and maasai. Both groups come from a Nilotic background with territories that stretch over the political boundaries of east Africa. Reconciliation among the two ethnic groups is not usually a one time event, like the signing of a peace accord after battle, it occur in series of building on and affording peace symbols with rituals related to the community's experiences and through memory lane handed down from past generations.
Among the Maasai and pokot ethnic in Kenya, there exist a peace concept and symbols which are mostly used by the two communities in process of reconciliation among the conflict parties. In maasai community, the word "Osutua" means a gift out of relationship. Traditionally the word means the umbilical cord for it symbolize the first relationship between another and her child at biffs the umbilical cord is cut reluctantly by talking the knife three times in a mock cutting motion and then stopped because all relationships are sacred and they ay not be severed. After that a piece of grass is tied on either side of the umbilical cord so that the mother and child may separate and continue to have a good relationship and separated In peace, Another form of peace concept among maasai community Kenya, is the word "Grass" which symbolize peace in war times and ethnic tensions. Wherever there is a fight and a measai up a piece, of grass, the fighting will vehemently stops they all believe that, they all come from one womb, one mother and one relationship.
These are some of the peace process among the Maasai and pobt ethnic of Kenya, that
still exist as a methods of resolving conflict.
2.8. WOMEN IN CONFLICT MANAGEMENT
"An approach to ensure that men and women are valued equally for the roles they play and benefit equally from policies and projects such as education and compensation for work according to their needs, Gender equity takes into consideration that women have been historically disadvantaged and may need special programs to overcome this discrimination". Ecoma (2004)
On 31st day of October 2000 the United Nation Security Council adopted resolution 1325, which deals with the issues of women, peace and global security. The resolution highlighted the importance of bringing gender perspectives to the center of the UN conflict prevention and resolution, peace building and peace keeping efforts.
However in May 2002 the international centre for ethnic studies in Colombo Sri-Lanka organized and host a multi-national conference tacked "women in peace building and constitution making". the conference which attended by women activities from specialized areas of conflict such as Sierra Leone, Somalia in Africa. Others in Afghanistan, Middle East, Northern Ireland e.t.c. This showed the importance of examining the role of women in peace building and conflict management. This conference created a flat form for the sharing of experiences and strategies amongst women, who are either experts in the subject, or have played a major role in peace building and constitution making process d their respective states.
In working towards building peace in their respective communities, women across the world are in habit of forming strong coalition that cut across the religious, ethnic and political divide. But though contemporary women peace-builders and constitution makers can offer valuable suggestions and contribute to a gendered knowledge about their approaches to peace building and management little has been made to have more information about their initiatives or to develop a comparative analysis of their strategies in peace making.
It is quite wrong to say that women are naturally peaceful. It is not so both men and
women have ability to make peace. But women could be more creative and effective in waging peace, because of their emotional strength. And traditionally it is believed that conflict is man dominated issues, but during inter-state conflict even women played a notable role in peace making. For example Elizabeth Rehn and Ellen John Sil leaf of Liberia were the two remarkable women that contributed immensely to pace process in conflict zone Africa.
The main assumption of peace building is that the society should return to the situation the communities were before the conflict. This assumption is not only impossible, it is misleading. The situation before conflict was an environment defined based on muscularity wide strike divisions of labour that excluded women from public life and leadership position Mbagwu (2002). main reason why women are included in peace building is that women -makeup 50% of the population of most communities and the task of peace building is so great That leaving out half of the population for no good reason. The other reason is that women are the mam focus is taking care of the family, before and during conflict. For the fact women have both the capacity to make violence and peace it is important that they be included in the process so that this peace gift could be exploited. The UN resolution 1325 specified women involvement and therefore women should be included in al! peace making process. Women have proven successful in peace building ideas, basing their strategies on inclusion and collaboration producing outcomes that are broad-based and sustainable. It is the important that their efforts be acknowledged and expanded. In conclusion peace building is an important aspect of conflict management that can take place before and after a conflict situation. A well coordinated women programmes for peace building are prerequisite for sustainable peace in every society.
2.9. THE ALTERNATWE DISPUTE RESOLUTION (ADR)
MECHANISM.
The term Alternative Dispute Resolution (ADR) is referred to the informal or non- formal dispute resolution processes in which the parties involved in disagreement meet with a professional third party in order to assist them resolve their dispute in a manna that is less formal and more consensual than is done in our conventional civil courts. The keypoint here is that, Settlement of dispute in an informal manner. The common processes of (ADR) are mediation and arbitration. Others include judicial conferences, fact-findings e.t.c. ADR process is. Voluntary, but at time it's become mandatory through court order. It is not used in Cases of conflict until those conflicts seem to become ready to resolution Ogunyamwo (2002). This Sometimes happens when the conflict reaches a hurting statement a situation where it Becomes dear that neither side can win yet there are being substantially hurt by continuing the Struggle the term third party in this context used to refer to a person of group of people who in a conflict to assist the disputing parties to manage or resolve their defenses Ogunyannwo (2002),
They can act for one side or for both sides analyze the conflict or the dispute and plan effective response Agyris (1970). ADR covers the whole range of alternative to litigation or Arbitration to assist resolution of disputes. It was of course the first well developed alternatives to ligation.
2.9.1, Mediation and Arbitration as Bask ADR Process
1. Mediation: several definitions abound for mediation and they all reflect the role of a third party assisting disputing parties to resolve their dispute. Mediation is a process in which an impartial person the mediator, intervenes and facilitates communication and negotiation between contending parties to promote and achieve reconciliation and mutually agreed understanding and settlement. Ogunyannwo (2005).
Mediation is a private, voluntary informal process where a party-selected neutral person to assists disputants to read a mutually acceptable agreement. The two definitions above shows that mediation process is a voluntary. This is because the parties involve in the mediation process must earlier on agreed to enter the mediation process. It cannot happen if one or more of the parties refuse to participate, although it is quite possible that parties who initially refuse may agree to mediation at a later stage. The mere fact that parties agree to mediate is in it self a step along the road to settlement, it may be the only thing they agree on and it is something to build upon.
There of course. Some non-voluntary mediations, if parties are required by contract to mediate before, or instead of arbitration or litigation, then they may do so non-voluntary. In a number of countries, civil courts annexed mediation schemes to be mandatory and this may affect the willingness of parties to participate in mediation and to reach a settlement. For example in Nigeria, courts are increasingly referring cases to mediation prior to trial as a result of the new civil procedure rules and the establishment of multi-door court-houses. While the parties may not attend voluntarily, it is worthy of note that settlement rates are very high and encouraging. Mediation is non-binding unless until that happens the parties may walk away from the mediation at any time, as entering the process itself does not bind them to settlement. Poster (1997).
The actual process of mediation is simple and transparent. The disputing parties and there may be more than two, agree on the selection of a competent mediator who experienced in the process of interpersonal facilitative mediation. Experience on a subject matter of the dispute is not a requirement in as much as mediator (the third party) will not have to decide any substantive issues. But absolute neutrality, patience and the ability to preserve confidence were the basic requirements for mediation.
2. Arbitration: Arbitration had been one of the significant parts of alternative dispute resolution (ADR). It has been adjudged as a unique way of producing an arbiter who out to special decision which the disputing parties must submit themselves to. It is also produce the avenue from such decisions were arrived at and executed. Arbitration is defined as a procedure for the settlement of disputes, under which the parties agree to be bound by the decision of an arbiter whose decision is final and legally binding on them. "Ojielo (2001)".
Arbitration can also simply be defined as the enabling will and power to decide and determine a course of action quite instrument able to decision making. Arbitration is So a process by which parties to a dispute, voluntary refer their disputes to a impartial thirdparty, example a tribunals. Arbitration involves the presentation of a dispute to an impartialor neutral individual or panel for issuance of a binding decision. Unless otherwise it is arranged the parties usually have the ability to decide who the individuals serve as the arbitrators, a common understanding by the parties in all cases. however, is that they will be bound by the opinion of the arbitrator rather than simply be Obligated to consider an opinion or recommendation.
2.9.2. TYPES OF ARBITRITIONS
1. Involuntary Arbitration: This involves legal enforcement throughout the industrial nations seems to be unanimous against arbitration, particularly strong in the American and other Asian countries.
2. Voluntary arbitrations: It is when freely accepted by the parties to the controversy without reference to law, It is compulsory when the law compels the parties to submit to the decision of a arbitration. The law may require a legal board or arbitration to investigate a controversy and render a decision, the decision in this case has no binding force. The decision of a arbitration is said to be binding when both parties to the dispute jointly requested for action.
Arbitration in a general term is a process of arranging differences between two parties by referring to the judgment of a disinterested outsider whose decision the parties to the dispute agree in advance to accept as in some way binding. The entire process of arbitration involves The reference of issue to an outside third party investigation decision, acceptance or enforcement of its. The motive which prompts appeal to arbitration is found finally in societies eliminate force as a sanction of right and to introduce effectively the principles of the Ethical order into the settlement of dispute members. From the foregoing it is clear that conflict of whatever cost has its causes and mode of It resolutions. in this chapter the common causes conflict and its mode of resolutions both in orthodox and traditional terms were critically examined, it is therefore, important for all stake holders in peace and conflict resolutions to sit consider the better ways of making pace resolution process more efficient and effective to enhance their availability in the minis of the ordinary people through print and electronics media, and make it accessible to all.
By way of summary, this chapter also tries to examine various theories of conflict being formulated by various authors. Almost all the theories that being examined shows that causes of conflict centered to four important aspect of human existence; these are resources, psychological needs, values and management of information. Further more, effort were also be made to highlight various approaches to conflict management, which include among others judicial, political and conciliation approaches and pint point the best among the three as the conciliatory approach.
The position of women was also not left out as to how best women can handle conflict related issues. National and international views on women and conflict were highlighted in this chapter.
Finally (ADR) the alternate form of dispute and conflict resolution process which opposes to the juristic form of dispute resolution. Alternative dispute Resolution (ADR) which is the main theme of this dissertation was humbly highlighted in this Chapter it important, nature and characteristics were also examined.
2.10 FRAME. WORK OF THE STUDY
theoretical frame work upon which this study is based is the Lederach theory of Conflict formation. Lederach-(1989) advocate the pursuit of "conflict transformation. He implies that Conflict is had-hence something that should be ended. It also assumes that conflict is a short Time phenomenon that can be "resolved' permanently through mediation or other intervention Process or Conflict transformation as described by Lederach, does not suggest that we simply Eliminate or conflict, but rather recognize and work. with its "Dialectic nature". By this Conflict is naturally created by humans who are involved in relationships, yet once it occurs change the events. People and relationship that created the initial conflict. In this sense, conflict or despite transformation is a termed that described a natural occurrence that changes relationship in predictable way.
Lederach's transformations theory is also prescriptive. It suggests that left alone, conflict can have destructive consequences. How ever the consequences can be modified or transformed so that self images, relationships and social structures improve a result of conflict instead of being harmed by it, Since conflict usually transforms perceptions by accentuating the differences between people and positions, effective conflicts transformation can work to improve mutual understanding.
According to the Institute for Democracy in South Africa's (IDASA) (2004) transforming conflict requires a concerted effort at removing all the root causes of conflict, and forge new relationships of harmony and cooperation. Conflict transformation upon which these research works is based is the most thorough and far-reaching strategies for bringing about sustainable positive peace in a conflict situation to avoid a relapse into conflict or what experts Call "return war". Conflict transformation theory assumes that conflict is caused by real problems of inequality and injustice expressed by competing social and economic framework. The Lederach's theory of Dispute or conflict transformation gave birth to the Alternative Dispute Resolution (ADR) basis on 110 winner no loser principles. to the Lederach's recent theory, is the conflict theory of Integration by Van (1969). He explains that dispute resolution is necessary for the survival and maintenance of pluralistic societies such as ours, because of the fact that people have different Interest and value in society. It follows that one way of ensuring dispute resolution and Integration is to bring the disputing parties together in interaction, with the result that a basis is compromise, and working together for the development and progress of the society, which they live.
Peil (1982) in his book contends that conflict is a social process that may be instrumental in the formation, unification and maintenance of social structure In view of the above theories, Customary Alternative Dispute Resolution, (ADR) mechanism and its procedure is best suited under these theories of conflict/Dispute resolution methods. To this end this study will go along with the principles and methods developed by the above theoretical framework of dispute resolution. And consideration must be given to the customary traditional aspects of it, by examining the sources of conflict or dispute.
2.11. SUMMARY OF REVIEWED LITERATURE
In the review, the theory of conflict transformation by J.P Lederach (1989) was chosen because of its relevance to the study to form the theoretical frame of reference to the research. It was observed that transformation of conflict or dispute entail the change of the conflicting mind or the disputing mind to agree and reconciled one. A good number of scholars have proposed different theories of conflict from the level of the individual to the level of the society. J.P Lederach (1986) wrote on "conflict transformation" which mainly concerned with The mediation and intervention processes. He says, conflict is a short time phenomenon that can Be resolved" permanently through mediation by an able third party. Likewise the Institute for Democracy in South Africa (IDASA) (2004) concurred with the theory formulated by J.P Lederach on transformation upon which these research works is based. the issue of sources of conflict among various ethnics in Africa, writer like Wade (1965) shaded more light and listed some of the sources of conflict among Africans. He further says -"source signifies a reference point suggesting authoritative allusion and therefore serves as the fundamental basis of the existence of knowledge about what is being referred." "The study also reviewed the offices of the traditional title holders in Borno emirate council and their function in dispute resolution. Tijjani K. (1973.
The study further reviewed The methodologies that being used in setting disputes among the Chibok Local Government Area subject forwarded his or her case to the Shehu. There are consensuses of opinion Among the zarma whom I personally interviewed that the customary methods of dispute Statement were the best which even superseded the conventional one. Shehu's participatory level over dispute resolution, the study found That the shehu has no direct and immediate adjudicatory responsibilities, The responsibilities are vested in the Palace judges hat is the (rnai-inknindimi and the Talba). The Shehu, some instant s had to adjudicate and reconcile matters in the Palace where necessary. The study also examined one of the celebrated cases land which saw the direct participation of the Shehu in reconciliation. The said civil case was between Pindar Yama Manda ad Yahi Neeki who's parties claiming the ownership of kufum as their ancestral farmland, A case of decent act of married couples) is also cited. What makes the study unique is the fact that the research has intended to and Report one or two cases that heard and reconciled by the Shehu's themselves. had it is fortained that two civil cases are being reported. Another aspect that makes this study one of the few studies that has looked into the role of Shehu of Borno, in general Analysis of customary Methods of Alternative Dispute Resolution (ADR) in Chibok Local Government Area.
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