Traditional Institution and the Management of Communal Conflict in Owerri West LGA of Imo State
CHAPTER ONE
Objectives of the Study
The study objectives have been subdivided into major and specific as discussed below:
Major objective
The major objective of the research was to study the contribution of traditional institutions in conflict resolution, a case of Owerri West L.G.A., Imo state, Nigeria
Specific objectives
- To assess the activities of traditional institution in conflict management.
- To establish the different methods of traditional institution in conflict management.
- To determine the relevance of traditional institution in modern society.
- To identify the challenges in applying traditional institution in conflict management.
CHAPTER TWO
LITERATURE REVIEW
Introduction
In the reviewed literature related to the research, it divulges that limited research has been done in the field of Traditional Institution in conflict management especially in Nigeria. Hence there is a continued need for conceptualizing and discussions on the nature of the relationship between the people, communities in times of differences. It is also important to build upon empirical work that focuses on Indigenous Knowledge, the state and other non-state actors. In the related literature, the major focus will be on the listed objectives of the study as subtopics that include; assessment of the activities of traditional institutions, establish the different methods of traditional institution in conflict management, determine the relevance of traditional institution and identify the challenges facing traditional institution.
Assessment of the activities of traditional institutions in conflict resolution
Traditional institutions are found in many post-colonial countries where the legacies of small-self-regulating ―stateless‖ societies have survived and adapted to the cumulative impacts of colonialism and modernization and specially the establishment of modern state and its national legal system (Kimathi, 2005). ―Tradition‖ refers to customs and usages that derive their popular authority from practices and beliefs that predate the arrival of the modern state.
According to penal reform interaction (PRI), (2000), it is now wide knowledge that Africa profiles the highest statistics of violent conflicts in the world. For years, the treatment of conflicts in Africa involving national armies revolved around conventional mechanisms that have excluded the traditional approaches that are, according to Ofulio (1999) now in greater demand in the contemporary world. Integrating indigenous approaches with the national and international mechanisms for conflict resolution and reconciliation is equally important. Western legal approach emphasis establishing guilt and executing retribution and punishment without reference to the victim or the wider families or future reincorporation of the offender into the community. The traditional justice methods of peace, conflict resolution and reconciliation are co-operative and can be indirect and circumstantial which does effectively encourage the accused to admit responsibility. This includes a range of traditional, customary/religious and informal mechanisms that deal with disputes and/or security matter.
Non-state institution is critically important in the justice provision. It is estimated that in many developing countries NSJS deal with a vast majority of disputes. They are widely used in rural and poor urban areas where there is often minimal access to formal dispute resolution mechanisms (Elechi 2006). Dispute resolution generally takes the form of public event in which civil disputes are resolved through arbitration, mediation. Traditional justice members control crime particularly theft and provide security mechanisms for personal safety at home and in the community e.g. battered women. They have both policing and judicial functions. They equally preside over and record proceedings of cases, (Ofulio 1999)
They are involved in initiatives such as the ―peace elder‘s initiatives‘ ―are working to make dispute resolution process more inclusive by bringing in youth and women as ―elders‖. In post- conflict countries where formal mechanisms may have completely disappeared or been discredited, informal systems of dispute resolution may be crucial to restoring some degree of law and order, and they may be all that is available for many years, (Julio Faundez ,2006),
The chiefs/Assistant chiefs are appointed by government as local administrators. They take on a significant role in settling disputes in areas where access to police and courts is restricted. They preside over and record proceeding of cases in which elders chosen by the disputing parties make the final decision. Street communities are the most common form of NSJS system in urban settlements and township in South Africa. According to Julio Faundez (2006)their disputes resolution processes, which incorporates traditional elements, aim to achieve reconciliation over retribution and security mechanisms are also used to ensure personal safety at home and in the community (for example, the protection of battered women).
Etureti as a council of elders consists of elderly men who are chosen by the community itself to respond to particular issues of concern. They may be preferred even in situations where the formal institutions functions relatively well. However, poor people‘s preferences for using NSJS systems may reflect the weaknesses of the formal institution and not necessarily indicate satisfaction with NSJS systems themselves .They solve conflicts related to family, Land, Inheritance etc,(Musembi, 2003).
Gacaca is a Ki-nyarwanda term which means grassroots.ie using the grassroots people to solve local problems. It aims at creating local solutions using the grassroots communities to solve problems among the people. It applies a restorative approach that requires that conflict victims shall be tried and judged by neighbors in the community from where the acts of violence were started.
CHAPTER THREE
RESEARCH METHODOLOGY
Introduction
This section presented methods used during data collection. Both Qualitative and quantitative methods was used. The researcher employed in-depth interviews for key informants, library research, and questionnaires for the qualitative part of the research. All these methods helped generate responses that was collected and organized for analysis. During the preliminary reading, the researcher has noted that whilst scholars have written about traditional institutions in various countries, in Owerri West L.G.A. there is no scholar that has explored this topic and that is a problem as per now in Owerri West.
Research design
Case study was used to represent a wider population. This is to use a small population to represent a larger population. As noted in the introduction to the study, Owerri West L.G.A. has not tasted a relatively peaceful period of positive success in formal peace. Eyewitness accounts, contemporaneous journalistic reports, or even memoirs and oral histories which are created well after the actual event can also be considered in the primary sources. On the other hand, Secondary sources was through majorly using library research of scholars ‘works and related documents like the state and civil unrests in the world.
Study Population
The study population comprised of the village elders, the communities, town hall members. The population of the L.G.A. is estimated to be 10,000 people and the religious complexity of the population is said to be mainly Christianity and the community hosts predominately the Igbo tribe.
However, this population has been partially or fully affected by protracted conflicts since time immemorial. These conflicts included domestic, family, inter-family, inter-cultural, land, environmental conflicts among others.
CHAPTER FOUR
DATA PRESENTATION, INTERPRETATION AND ANALYSIS
Response rate
The researcher interviewed 06 respondents using in-depth interviews since they were regarded as key informants, and 10 respondents using Focus Group Discussions (FGD). 104 questionnaires were distributed to the respondents and 104 questionnaires were returned representing 100% response rate as indicated in the table 1 below. Accordingly, a total of 120 respondents were interviewed in the study.
CHAPTER FIVE
DISCUSSIONS, CONCLUSION AND RECOMMENDATION
Introduction
This chapter provides the discussions, conclusions and recommendations of the findings from chapter four, and it also gives the conclusions and recommendations of the study based on the objectives of the study. The objectives of this study were to; assess the activities of traditional institution in conflict management, establish the different methods of traditional institution in conflict management, determine the relevance of traditional institution in modern society and identify the challenges in applying traditional institution in conflict management.
Discussions
Conflict is a situation in which people, groups or countries are involved in serious disagreement or argument. Conflict is a necessary process of life. Within the individual, there is always conflict of thoughts, choice and interest, to mention but a few. This is known as intra-personal conflict. This not only makes decision taking difficult, but also has been identified as one of the major sources of stress. On the other hand, the inter-personal conflict occurs between individuals, states, groups and organizations or members of an organization, groups and states. Conflicts can also be either constructive or destructive.
Whenever disagreement arises, we say there is a conflict. While conflict is universal and occurs naturally, crisis (or violence) is almost always the key by-product of conflicts. If conflict is properly managed or resolved, there will be peace. If on the other hand, resolution and reconciliation fail, the conflict will degenerate to chaos, crisis or war. There are four established stages of escalation of conflicts to crisis:
- Dispute(or Latent) Stage: when there is a bitter argument, but no fixed position Conflict situation exists, but not yet recognized.
- Polarization(or Perceived) Stage: When bitter arguments still go on and fixed positions are becoming We say conflict situation is recognized at this stage.
- Segregation(or Tension) Stage: When the disputants have taken fixed positions that cannot be compromised and they are ready to fight to maintain their positions.
- Destruction(or Manifest) Stage: The disputants take steps which are usually violent, to maintain their positions.
It is important to note that conflict is not the only factor responsible for crisis/violence and that crisis/violence is not just limited to breaking of limbs and bones and spilling of blood. In fact, violation of various constitutional and civil rights of individuals (and groups) constitute violence against these persons. Thus apart from physical violence, we have: Social Violence (social inequality; denial of right to education, etc.), Economic Violence (state-induced poverty, etc.), Environmental Violence (noise, degradation, pollution, etc.), Mental/Psychological (keeping one in-communicado, etc.), Sexual Violence (rape, weird sexual practices, etc.), Verbal Violence (foul and aggressive language, curses, etc.), Cultural Violence (unfair and discriminatory cultural practices, etc.), Intellectual Violence (plagiarism, using the intellect to glorify violence), Domestic Violence (child abuse, spouse battering, etc.)
As this study dealt with how to control or manage an existing conflict so that it does not escalate, thereby leading to chaos, crisis and war. At this, efforts are made to ensure that constructive conflicts do not degenerate and become destructive, in which case they will be difficult to manage. However, conflict management differs from peace building, which aims to prevent conflicts from even arising in the first place, by engaging individuals, groups, parties and stakeholders in processes that enhance peaceful coexistence outside conflict situations.
Conflict resolution deals with settlement of conflict that may have already taken shape. It can be by reconciliation or alienation. Conflicts should be resolved before they get to the destruction (or action) phase. There are two major classes or methods of management of communal conflicts.
- Regular Dispute Resolution
- Alternative Dispute Resolution
Regular Conflict Resolution includes the regular system of reporting a case to the police, getting the offender prosecuted, convicted and sentenced. It also covers civil litigations. This is basically by litigation in court, that is, through legal process. Under this system, the winner takes it all. There is always a winner/loser ending.
Alternative Dispute Resolution (ADR), as its name implies, this includes the methods that are alternative to the regular system. In this type of dispute resolution strategy, people are encouraged to go for a win-win solution (instead of a win-lose or lose-lose situation).
There should be sincere and continuous dialogue amongst all stakeholders where issues threatening peaceful coexistence should be resolved. It is always better to talk over it than to fight over it. According to a special report by the World Bank, crisis and violence arising from unresolved conflicts have very high costs, destroying past development gains and leaving a legacy of damaged assets and corrosive mistrust that impedes future progress.
Conflicts, crisis and violence beget more conflicts, crisis and violence. They destroy our present and our future. They are ill winds that do not blow anybody any good. And while conflicts are natural and even crisis to a lesser extent, we can minimize and manage conflicts and by so doing eliminate crisis/violence or reduce them to an insignificant minimum. Another important element in conflict resolution is Reconciliation, it is an activity within the practice of conflict resolution and focuses on transforming relationships at the personal level and therefore refers to reconciliation as a process. It is rooted in the theological tradition as well as psychological concepts of reconciliation but does not refer to specific programme activities.
Reconciliation is a Christian concept, but it is also found in many other religions and takes on different characteristics in different cultures. Co-existing in a multi-cultural and multi-religious society like ours there is the need to explore some of the diverse approaches to reconciliation. Hearing other traditions and faith perspectives on reconciliation and forgiveness often helps us understand our own tradition more fully. Ritual is commonly used in reconciliation process because it is a powerful way of recognizing important events, employing multiple senses, and linking us to the past, present or even the future. The symbols used in rituals are able to convey much more meaning than words often are. For example, lighting a candle is a powerful symbol of warmth and life that can change the ambience of an entire room without saying a word. We have simple rituals, such as how we greet each other and eat our meals, and more elaborate rituals, like funerals among others. Some rituals for reconciliation are explored in the various tradition discussed below.
Conclusion
Conflict is an intrinsic aspect of politics and motivating element in policy innovation. It is an imperative to discover ways of making conflict compatible with the rules of democratic practice. This requires government to strike a balance between conflict and consensus and coordinate decision-making through collective action of the system’s principal actors. It will be difficult to prevent and reduce conflict at the regional and local levels, unless the state achieves constitutional and political stability at the center through an inclusive social contract. Both recovery and conflict prevention require the sustained implementation of the Traditional Institution in a coordinated, transparent and inclusive fashion.
There is an increasingly a shared citizen vision in Nigeria of governance based not on elites but rather through an institutional framework which ensures the broad-based democratic participation of all the stakeholders insiders and outsiders, government officials, policy experts, civil society and politicians. This means institutions of conflict resolution at all level must be designed in a fair and democratic way, giving the Owerri West L.G.A., Igbo women and marginalized legitimate space, voice, visibility and influence over the process and outcome. Nigerian people have evolved their own traditions of conflict-resolution through mutual talks, consultation, mediation, arbitration, mutual learning and deliberations, but have previously excluded children, women, and the poor. Traditional Institution could be a source of bottom up‘ democratic innovation.
The management of political transition requires inclusiveness in power-sharing to overcome political uncertainty, end a security vacuum, and restore both authority and functions to renewed national institutions. To date, and sadly even in the early formative months of the constitutional rewriting, the approaches Nigeria has adopted for conflict resolution are oriented towards the maintenance and replication of systemic patterns, and have not sought to address grievances of the poor, women, children, indigenous people, bonded labor and other marginalized groups for freedom, justice and identity. INGOs have come with their own methods to ameliorate injustice in society and minimize the effects of violent conflicts. Conflict-sensitive donors have adopted do-no-harm, building local capacity for peace, risk assessment, peace and conflict impact assessment and neutral humanitarian supplies to a wide range of political interventions (Dahal, 2006:6) at the local level.
Traditionally local level approaches were not informed by values of human rights, humanitarian laws or democratic principles. As it stands Village Development Committees have neither the authority nor the capacity to arbitrate local conflict. The district courts do have some authority and capacity to address disputes. But, they are not equipped to address political contradictions instigated by national and international regimes. Community mediation attempts to bridge this gap, to some extent, but most of the community level mediations is being developed with the assistance of donor-driven NGOs and suffers from the problems of sustainability. NGOs are also engaged in settling the same types of conflict that are used to be resolved by the traditional methods. The only difference is that community mediation is better organized and takes human rights values into consideration with trained personnel in place.
If the conflict in Owerri West L.G.A. was inherently a response to elite domination, then there are puzzling contradictions in methods used by leading political actors in framing the peace. There is an acute need for negotiated compromise and accommodation of sub-systemic actors. In this context, Local Peace Committees (LPC), perhaps, can cope if strategies are based on justice, inclusion, participation and change by mobilizing critical mass at each level. But the biggest problems with regard to LPCs are with implementation and positioning in the centre (district headquarters).
Recommendations
The following recommendations are offered in a way which addresses different actors and levels in the conflict system of Owerri West L.G.A., Imo state, Nigeria:
- The government of Nigeria can play positive role in successful conflict resolution in Owerri West L.G.A. by enforcing human rights, rule of law and supporting development of a viable political economy in the L.G.A. It can also exert pressure on the parties to the system to stop politicization of the methods applied in resolving the conflicts. The institutionalized separation between the TI and formal institution and joint conflict resolution
- The International Community and Nigerian government should strengthen the institutional capacity of the TI for multilevel engagements with various actors for the purpose of peace building in the ground. Engagement with non- state armed and movement –oriented actors is a precondition to beef up strategies for conflict resolution in Owerri West G.A.
- There is need for active and visible accountability of all actors and political leadership in relation to the TI, human rights, humanitarian principles, democracy and power-sharing arrangements. Conflict transformation at all levels requires complementary process because in the absence of legitimate central authority and security, local conflict transformation cannot become effective on its own.
- The parties entrusted for the traditional institution should coordinate government and donors’ support to have their roles and responsibilities for confidence building among the communities of Owerri West L.G.A., government and peace process. High Level Monitoring Committee (HLMC) and NHRC should effectively monitor peace and human rights indicators on the ground and inform the system of
- Dissemination of knowledge and training to different implementers and actors of conflict resolution strategies, about the contents of TI, FJS and Transitional Justice Committee (TJC), NGOs and civil society are highly important for common process of socialization and collective action. This should combine with civic education training to local elites, opinion makers and party leaders so that they can refine their traditional approaches to conflict mediation, build the capacity of TI and manage the change
- Reintegration, reconstruction and reconciliation processes should be combined with the development of local public economy that ensures the establishment of small-scale decentralized forms of joint livelihood Public participation including the victims through TI can provide ownership to all in peaceful transformation. Given only the 12 percent tax contribution to GDP, the generous cooperation of international community is a must.
- Nigeria is a country of minorities and there is no mechanism to strike a balance between minorities and It perhaps, now needs change-oriented approach to address this question and foster inclusive political, economic and social reforms by creating the stake of all in democratic peace.
- While state legitimacy is often withheld, traditional institution remain popular in many communities of Nigeria. This is no doubt in part due to the shortcomings of the formal institution, but also reflects the value accorded traditional‘ approaches by grassroots communities. Valued features include their accessibility, affordability, immediacy, legitimacy and effectiveness within local communities, use of local languages, comprehension to the parties, promotion of strong family relationships, compensation based sanctions and their efficiency in bringing closure to disputes and promoting reconciliation. It is clear that the cases reaching the formal institution represent only a tiny fraction of those occurring and that even out of those, a sizeable proportion are withdrawn from the formal system, and referred back to local justice mechanisms by police, prosecutors, and, in some instances, by courts, before being finally determined. Ad hoc practices have developed outside of any law or regulation, hinging solely upon the judgements of individual bearers of authority.
- At the same time, education can help communities to see that some practicesmay be harmful to the subjects of TI. Education in relation to controversial issues such as physical punishment may be more effective than prohibition. While education may need to challenge deeply held beliefs about what is good for children, it should do so in a way that is culturally appropriate and respectful of Chiefs and other custom leaders can be important sources of guidance for families, and if they gain a greater understanding of children‘s rights, they can play a significant role in helping to change attitudes and behaviour. It may also help to make clear that, within the human rights framework; children have responsibilities as well as rights, just as they do in custom. Looking for such areas of common ground between custom and human rights, even when advocating for particular aspects of custom to change, will assist with protecting the best interests of children and of their communities.
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