File Name: project on conflict and conflict resolution in international law .zip
We are all familiar with the most traditional dispute-resolution process of our civil justice system: litigation and trial with a judge or jury deciding who is right or wrong - where someone wins and someone loses. However, there are many other options available.
By engaging the colonial factor in African conflicts, this article seeks to understand the ineffectiveness of efforts at conflict management in overcoming the disasters that brought the conflicts to the African continent.
Not a MyNAP member yet? Register for a free account to start saving and receiving special member only perks. T he world has transformed rapidly in the decade since the end of the Cold War.
By engaging the colonial factor in African conflicts, this article seeks to understand the ineffectiveness of efforts at conflict management in overcoming the disasters that brought the conflicts to the African continent. It claims that conflict in Africa does not always stem primarily from crises of national governance and the failure of governmental institutions in African countries to mediate conflict, and revisits the colonial factor as the root of many conflicts in Africa.
The article reconsiders the conflict management and conflict resolution debate and indicts former colonial powers and powerful organisations for maintaining colonial-style approaches to African conflicts at the expense of a desire to address the fundamental issues that divide the parties to the different conflicts. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals mainly with effects and does not grapple with underlying causes Martin Luther King Jr The conflict resolution community seems to pursue conflict resolution efforts in Africa from a variety of purposes and interests and with policies that are often replete with ambiguities and contradictions.
This situation may be the reason why many African conflicts may be silenced but remain largely unresolved. As Zartman has pointed out, although African conflicts involve the activities of seasoned peacemakers using the best of personal skills and recently developed knowledge about ways of managing and resolving conflicts, international efforts at conflict management have not been particularly effective or efficient in overcoming the disasters that have brought them to the continent.
The critical question then is how we understand the problem of conflict resolution in Africa when the actors, mainly external to Africa, propagate the idea of peace and conflict resolution corresponding mainly to their own interests and view of Africa and the world. The article also argues that conflicts at sub-national and national levels in Africa are of several types, and that imposing peace-keeping forces as has often been the case, or merely imposing new political and economic institutions on the various African conflicts, may not provide the desired durable outcomes.
Furthermore, and based on the same premise, the article questions how far a just and equitable future can be structured on an unjust past. Subscribing to this viewpoint, Ambassador Herman J. For Cohen, the colonial state was fraught with contradictions. In other words, the basis had been created for many of the conflicts experienced in post-independence Africa. Cohen also indicted the de-colonisation process when he observed that in many countries the contradictions of the colonial state were passed on to the independent states through a flawed process of de-colonisation.
These are only some examples of the conflicts in Africa which General Obasanjo described aptly as the continent with the greatest number of conflicts. It is important to underscore that, like the afore-mentioned conflict cases, the roots of many current conflicts — latent and manifest — including the cases of Western Sahara and British Southern Cameroons, can also be traced to colonialism and the de-colonisation process.
This being the case, any thinking which regards the colonial factor as irrelevant today may be misplaced. Considered from this standpoint, political leadership in many parts of Africa even today can hardly be said to be African leadership because it was, for the most part, imposed on the people by colonial powers.
Examples are legion in Africa where the colonial machine did very little to prepare Africans for self-rule and, consequently, for good governance. A majority of African leaders and the people in leadership roles at independence were chosen by the colonial masters from among this group.
Once in power, they held tight to power, and usually with the support of the former colonial powers who gave the power to them in the first place. African independence and African political leadership can be seen to be very closely related.
Former colonial masters were not in search of good leaders of the people. In this regard, many political leaders of Africa, especially those in the former French colonies, were and continued to be imposed upon the people with almost no consideration for good governance.
The examples of the military and economic pacts concluded by French-speaking African leaders with France at independence are cases in point.
In many cases, these pacts have not been rescinded half a century after independence and that is why former French colonies either still have the French military stationed in the countries or continue to call on France for military intervention as in the recent cases of Central African Republic and Mali.
Let us now consider the basis of African nations or states, and the concepts of power and governance. Article 4 of the Constitutive Act of the African Union places emphasis on respect of state boundaries inherited at independence.
African states have also remained spheres of influence of former colonial powers, and no power in the world has been interested in changing that situation. Such Eurocentric thinking, reinforced by technological and scientific achievements, is still very present in Africa. This is why most western literature on conflicts in Africa may still need further clarification in regard to specific conflict types.
Some light will be shed on the typology of African conflicts later on in this analysis. Political repression and non-respect for human rights are synonymous with bad governance. Colonial rule was the antithesis of democracy, because it was premised on the usurpation of the fundamental right of self-determination and of the fundamental human rights of citizens and peoples. Colonial rule never raised the issue of good government.
The only issues were power and violence, and that remains the tradition of politics that African leaders took to independence in their respective nations. These African leaders have not only retained the politics of power and violence, but many of them have also continued to reinforce the tradition. This situation is verifiable in many African countries where leadership has been clinging to power for twenty, thirty or forty years — from Uganda and Sudan, through Chad and Cameroon, to Angola, Zimbabwe, and others.
Power and bad governance, traditions inherited from colonial rule and the nature of de-colonisation, have been a major source of conflict in Africa. Although viewed in general terms as African conflicts, there is need to point out that conflict in Africa does not only vary from case to case, it is often traceable to colonial rule and the de-colonisation process. Let us now turn our attention to an examination of the various conflicts in order to categorise them.
Any realistic appreciation of post-colonial African conflicts must begin with their origins or causes. The literature on African conflicts appears to view the conflicts mainly in general terms as intra-national or inter-ethnic. This view holds good to some extent, but it is far from being the general trend. Although the geo-political space in which a conflict occurs may be a nation-state, there is the need to make one clarification in this analysis. It is that the conflicts occurring within a national boundary in Africa have different stakes and different root causes.
The classification of African conflicts as mainly inter-ethnic and intra-national seems to have won great acceptance within the conflict resolution community. That classification, which appears to stem from Western knowledge of and consideration for African societies, may need to be expanded further. In this regard, an attempt to focus on the various types of conflicts in Africa from the standpoints of the subject or nature of the dominant issues involved in each category is important.
A close examination of the various conflicts occurring in Africa reveals two broad categories, namely intra-state and inter-state conflicts. In the light of these dimensions, we can consider African conflicts as belonging to the following six types: inter-ethnic conflicts, inter-state conflicts, liberation conflicts, civil rights conflicts, annexationist conflicts, and political transition conflicts.
Each conflict type is discussed briefly below with examples provided. These conflicts are very recurrent although with less gravity in terms of the numbers of casualties, refugees and displaced persons, and the spread of disease, famine and environmental devastation. Inter-ethnic or inter-tribal conflicts abound in many countries of Africa.
In post-colonial Africa, these conflicts are greatly exacerbated by the neo-colonial arrangements that characterise many African governments. In many African countries where leadership remains in the same hands and continues to serve colonial interests, state apparatus are known to sponsor some inter-ethnic conflicts as a divide-and-rule strategy. These conflicts have been relatively few in Africa in spite of the problems caused by artificial borders inherited from colonialism and the lumping together of different nations to make up new countries at independence.
Some inter-state conflicts have occurred mainly over disputed territories like the Chad-Libya conflict over the Aouzou strip. Others included the Kenya-Somali war , the Somali-Ethiopian conflict , the Egypt-Libya conflict , the Eritrea-Ethiopia border conflict and the Cameroon-Nigeria conflict over the disputed oil-rich Bakassi Peninsula. Often, these people waged war to liberate themselves when they were unable, through dialogue and the political process, to correct what Cohen termed the contradictions of colonial rule in some cases, and the failures of de-colonisation in others.
These conflicts arose, rather, from the aspirations of a people to assert their fundamental human right of self-determination, as contained in the UN Charter.
A few cases of liberation conflicts in Africa include the Eritrean War of independence; the South Sudan war; the Namibian War of independence; and the Cassamance conflict in Senegal. The point here, however, is that the people who seek to liberate themselves and their territory consider themselves as having been compelled by colonial forces to live with a different group, often with great incompatibilities as in the case of South Sudan and the others cited above.
Some of these conflicts have been termed, albeit erroneously, as secessionist conflicts. In civil rights conflicts, a section of a country may wage a conflict because the people or a group consider the social framework as structured to exclude or marginalise them, and therefore seek to correct the situation. Unlike liberation conflicts discussed above, civil rights conflicts always occur within the same nation. To a very large extent, the stakes are participation and distribution at the centre.
Like the Civil Rights Movement in America, the people who wage civil rights struggles recognise that they too are part of a given country and only want to be recognised as such and to have the full right for a fair share.
Some examples of civil rights conflicts in Africa are the struggle against apartheid in South Africa, the struggle for majority rule in Rhodesia now Zimbabwe , the Tuareg uprising in Mali, where the group found itself virtually estranged from national life, and the Algerian Berbers fighting against the ruling Arab class. To a considerable extent, Burundi and Rwanda also have some ingredients of civil rights conflicts. In this conflict type, the stakes are mainly those about who is where, who gets what, how and when Lasswell This error has, very often, led to drastic consequences in Africa.
The international community continues to make this error of judgment in the case of the Southern Cameroons Question Annan and in considering the Western Sahara conflict not as a case of Moroccan irredentism against an indigenous desire for independence Zunes and Mundy xxiii , but in considering the territory as part of Morocco.
This class of conflict is a curious one, and there are not many examples on the African continent currently. Two cases, however, stand out prominently. These are the Western Sahara conflict involving Morocco and the British Southern Cameroons restoration of independence and sovereignty conflict in post-colonial Cameroon Republic.
Annexationist conflicts are similar to liberation conflicts because the nations so annexed and colonially occupied often with the connivance of colonial forces seek to liberate themselves and their territory. In spite of the condemnation of colonialism, in spite of the breach of international law, and in spite of the incompatibility theory of plural states espoused by Woodrow Wilson in Esthus and other scholars including Walzer, Kantowicz and Higham , Furnival and Smith , the world community does not only orphan these conflicts Crocker, Hampson and Aall , but considers them, albeit erroneously, as secessionist conflicts.
This excerpt exposes some of the contradictions of colonialism and the process of de-colonisation which were always in keeping with the colonial culture of constructing non-Europeans as subhuman. Colonial administration did not only treat colonial subjects as too far behind to govern themselves Thomas , but this consideration probably caused the colonial masters to treat colonised people as objects whom they pushed around as they knew how — as evidenced by this case of British Southern Cameroons.
The curious nature of this kind of conflict is that the disputed territory belongs to neither of the warring parties in the conflict. Whereas in the Western Sahara Conflict, Algeria fought against Morocco alongside the indigenous Polissario Front, the Bakassi Peninsula belongs to neither of the two nations that claim the territory. In the case of British Cameroons, the nationalists consider that part of the strategy and the hidden agenda of ensuring the annexation of the British Southern Cameroons was, from the very beginning, a ploy of the United Kingdom and Western colonial powers to dispense with the territory.
The case in Africa has been the transition to participatory democracy. The Zimbabwe political transition since independence and the Kenyan conflict arising from the last election and complicated by the charges of the Prime Minister and his Deputy by the International Criminal Court are other examples of political transition conflicts.
In some of the cases mentioned above, violent conflict came about by the annulment of a free and fair democratic process and, in others, serious internal political violence began after what the people saw as flaws occasioned by heavily rigged elections, winners seeking to exclude some actors or whole sections of the country, or incumbents being unwilling to submit to the will of the people as expressed through the ballot box.
In some other cases, these conflicts have not yet led to severe violence mainly because the situations were greatly repressed. What appears clear from the difficulty experienced in the political transitions in many of these countries is that the governance record is very akin to the colonial style of governance inherited in the respective countries. The leadership only replicated the colonial leadership style which was for all practical purposes military rule since it was structured mainly in authoritarian terms.
It was also curious in Cameroon to note that 30 of the members of the Senate of the country were appointed by the President. These kinds of governance manoeuvres in a post-colonial situation remain consistent with the inherited tradition of political power and dominance of the colonial administration.
As Thomas pointed out, modernity itself can be understood as a colonialist project in the special sense that both the societies internal to Western nations, and those they possessed, administered and reformed elsewhere, were understood as objects to be surveyed, regulated and sanitised. After cataloguing and categorising the different conflict types in post-independence Africa, it may now be appropriate to highlight the debate on conflict resolution and conflict management, consider the main intervention agencies and examine the different approaches employed to deal with the different conflicts.
Stephen Ryan has asserted that too often conflict resolution is used as a cover-all term that fails to face up to the different processes involved in the reduction or elimination of violence.
This statement seems to be very evident of the African conflict situation especially when scholars and practitioners alike refer to the handling of conflict in Africa.
It is necessary to explore the main features of conflict resolution and conflict management, two approaches in conflict scholarship, in order to better understand and assess the motivations and actions of intervening agencies or actors. The first major difference between the two approaches concerns the desire or not to raise the fundamental issues that divide the parties to a conflict.
Proponents of the resolution approach favour the raising of fundamental issues because they believe that conflict can be resolved.
As Mitchell pointed out, not merely will disruptive conflict behaviour cease and hostile attitudes and perceptions at least be ameliorated, but the ultimate source of conflict that is, the situation of goal incompatibility will also be removed so that no unsatisfied goals remain to plague the future.
Principles Of Conflict Resolution. Think Before Reacting The tendency in a conflict situation is to react immediately. After all, if we do not react we may lose our opportunity. In order to resolve conflict successfully it is important to think before we react--consider the options, weigh the possibilities. The same reaction is not appropriate for every conflict. Listen Actively Listening is the most important part of communication. If we do not hear what the other parties are communicating we can not resolve a conflict.
Your contribution can help change lives. Donate now. Learn more. Conflict, arguments, and change are natural parts of our lives, as well as the lives of every agency, organization, and nation. Conflict resolution is a way for two or more parties to find a peaceful solution to a disagreement among them.
The conflicts arise in day to day situations which do not normally. Conflict is part of any close relationship. Type ExportBitmapResolution, and then press Enter. By Roger Reece. From understanding mediation to positive psychology, David covers relevant topics in a thorough and accessible style, completing the book with an invaluable resource section. If you are analyzing a conflict, identifying how the parties see the conflict in terms of power, rights, and interests can lead to transformative solutions not otherwise apparent.
PDF | This paper enumerates on the cause and adverse effects of conflicts. 19+ million members; + million publications; k+ research projects International Law Journal, at , , ; icel3.org, icel3.orgt, icel3.org and.
Соши развела руками. Она села за терминал Джаббы и перепечатала все группы, а закончив, подбежала к Сьюзан. Все посмотрели на экран. PFEE SESN RETM MFHA IRWE ENET SHAS DCNS IIAA IEER OOIG MEEN NRMA BRNK FBLE LODI Улыбалась одна только Сьюзан.
as the Australian professor of conflict resolution John Burton claim that conflicts United Nations Global Compact Project. (n.d.). Homepage. pdf. Higgins, Rosalyn. (). Problems and process: International law and how we use it.Jesse K. 19.03.2021 at 08:34
An introduction to analysis of financial data with r wiley pdf ruay tsay learn in your car french pdf free downloadTheresa O. 20.03.2021 at 22:10
Project: Conflict Management and Resolution establishment of institutions of permanent multilateral diplomacy and international law to.Lyebasubsand 25.03.2021 at 05:38
Conflict resolution is conceptualized as the methods and processes involved in facilitating the peaceful ending of conflict and retribution.Vitalicio F. 25.03.2021 at 06:07
Conflict resolution is the process by which two or more parties reach a peaceful resolution to a dispute.