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39671. Mozambique’s peace decades since the end of the conflict: Inclusive or managed democracy?

Author:
Madalitso Zililo Phiri and Antonio Macheve Jr
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The article analyses Mozambique’s post-conflict democratisation and argues that Mozambique has become a ‘managed democracy’ in the new period. Mozambique is viewed by the donor community and multilateral institutions, such as the World Bank and the International Monetary Fund, as a success story of post-war reconstruction and used as a model to be emulated. The article traces the trajectory of democratisation under the auspices of a liberal peace theoretical framework which was agreed upon in the General Peace Agreement ending the conflict in 1992. Secondary quantitative data were made available from leading International Organisations such as the World Bank and the Mo Ibrahim Governance Index. The article found that, despite Mozambique’s commitments to build an inclusive democracy, corruption unmasks Mozambique’s success story. The authors conclude that democratic consolidation has been accompanied by extractive political and economic institutions leading to a disgruntled citizenry. The country’s peace agreement remains fragile, and faces the reality that political stability has not been accompanied by social justice, equity and deepening democratisation.
Topic:
Democratization, Democracy, Conflict, and Peace
Political Geography:
Africa and Mozambique

39672. Nigeria united in grief; divided in response: Religious terrorism, Boko Haram, and the dynamics of state response

Author:
Daniel Agbiboa and Benjamin Maiangwa
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
This article critically examines the current developments regarding the religious terrorism of Boko Haram, an extremist Islamist group, which operates largely in the north-east states of Nigeria. Boko Haram’s avowed aim is to wrest control from the Nigerian government and to impose a strict form of Sharia law across a country of about 170 million people. Since 2009, when Boko Haram first launched its Islamic insurgency, over 5 000 Nigerians have lost their lives in bombings and shootings carried out by the group. In addition to a brief discussion of the emergence, demands, ideology and external links of Boko Haram, the article focuses analytic attention on how the Nigerian state has responded to the menacing threat of the group. This is followed by a critical engagement with the current debate in Nigeria regarding what can be said for and against negotiating with Boko Haram members, and for or against fighting them. In conclusion, the article offers some fresh and multifaceted recommendations on how to effectively address the Boko Haram impasse.
Topic:
Religion, Terrorism, State, and Boko Haram
Political Geography:
Africa and Nigeria

39673. Popular dispute resolution mechanisms in Ethiopia: Trends, opportunities, challenges and prospects

Author:
Gebreyesus Teklu Bahta
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
This article finds that high-ranking officials within the judiciary and executive, heads of some organisations, and certain researchers have acclaimed the harmonisation and application of the Popular Dispute Resolution Mechanisms (PDRMs) in Ethiopia’s justice system. To this effect, they have sponsored national and regional forums, conferences and workshops; established research institutions and centres as well as sponsored scholars who conduct research on this initiative. The positive attitude of these stakeholders towards PDRMs, the multiplicity and diversity of PDRMs, as well as the support of various institutions to such initiatives are considered to be good opportunities for the harmonisation and application of these practices in the country’s justice system. On the other hand, the absence of clear laws and policies related to the legitimacy of the informal justice systems, the level of administration to which they should be accountable, their interconnection with the formal courts and other state structures, the scope of application of their jurisdiction and their financial transactions are found to be serious challenges that demand immediate attention. Some of the hitherto existing research works are found to be scattered, poorly cross-referenced and out-of-the-reach of researchers and readers; while others are shallow in their investigative depth and limited in thematic and geographical coverage. In order to address these challenges and dilemmas, the article recommends the establishment of a new regulatory organ at macro level that has the capability and legitimacy to adapt and harmonise PDRMs in ways that can preserve the traditional African indigenous values and at the same time respect international human rights convention.
Topic:
Conflict Resolution, Religion, and Justice
Political Geography:
Africa and Ethiopia

39674. Accounting for violence in Eastern Congo: Young people’s narratives of war and peace in North and South Kivu

Author:
Denis Bentrovato
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
In the last two decades, wars and mass violence have marked much of the life of ordinary people in the Democratic Republic of the Congo. In its eastern provinces of North and South Kivu, an entire generation has grown up knowing little else than conflict and deprivation. This article intends to give a voice to young Congolese in this troubled region in the heart of Africa. The article is based on the results of a survey that was conducted at the end of 2009 among nearly one thousand students. It examines the way young people in the Kivu make sense of the prevalence of violence in their home-provinces and the solutions they envision for a peaceful future. In its analysis, the article exposes a predominant role of ‘the Rwandese’ in Congolese narratives of war and peace. Influenced by fresh memories of war, various respondents exhibited Manichean views and deep-seated feelings of resentment towards those who were deemed responsible for the Congo’s recent suffering. This article argues that, unless such understandings and sentiments are acknowledged and addressed, the risk of further escalation of conflict will continue to loom on the horizon. Educational and cultural programmes targeting the youth and their views of ‘the other’ are here proposed as a promising peacebuilding measure that should complement existing efforts to promote stability in the region.
Topic:
Education, War, Culture, Youth, Violence, Peace, and Narrative
Political Geography:
Africa and Democratic Republic of the Congo

39675. Ethiopian customary dispute resolution mechanisms: Forms of restorative justice?

Author:
Endalew Lijalem Enyew
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The customary dispute resolution mechanisms of Ethiopia are playing an important role in resolving crimes of any kind and maintaining peace and stability in the community though they are not recognised by law and not properly organised. The customary dispute resolution mechanisms are run by elders; involve reconciliation of the conflicting parties and their respective families using different customary rituals where needed; emphasise the restitution of victims and reintegration of offenders; and aim at restoring the previous peaceful relationship within the community as well as maintaining their future peaceful relationships by avoiding the culturally accepted practices of revenge. However, despite the fact that Ethiopia’s indigenous knowledge base of customary justice practice has the enormous advantage of implementing the ideals of restorative justice, restorative justice has not yet taken root in the criminal justice system of Ethiopia. This article examines the legal, de jure, and factual, de facto, jurisdictions of Ethiopian customary dispute resolution mechanisms in resolving criminal matters, and explores whether they are compatible with the core values and principles of restorative justice. Based on the analysis of the relevant legislations, literature in restorative justice and customary dispute resolution mechanisms, and interviews, it is found that Ethiopian customary dispute resolution mechanisms are compatible with the values and principles of restorative justice. Hence, it is argued that the customary mechanisms of Ethiopia can be used as a basis to develop restorative justice programmes if they are properly institutionalised and sufficient legal recognition is provided for their functioning.
Topic:
Conflict Resolution, Community, and Restorative Justice
Political Geography:
Africa and Ethiopia

39676. Relevance of the law of international organisations in resolving international disputes: A review of the AU/ICC impasse

Author:
Mba Chidi Nmaju
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The paper examines the legal nature of the dispute between the International Criminal Court (ICC) and the African Union (AU), and observes that the core issue revolves around the arrest warrant issued by the Court for Al-Bashir. Therefore, it locates this to be within a legal rather than political impasse. The paper argues that the general rules of the law of international organisations may provide the key to resolving the impasse. And that accordingly, the general principles of the regime of international law point to the interpretation of the provisions of the constitutions of the two international organisations to identify the extent to which they were empowered to make the decisions that resulted in the dispute. The provisions of the Rome Statute on immunity are identified as providing the key to the resolution. Therefore the interpretation of the Statute on the immunity of certain state officials is important. The paper argues that accordingly the ICC should change its approach to the arrest of certain officials in order to prevent facilitating the violation of the customary principles of diplomatic immunity in international law – which should have also been codified in treaties. Such an interpretation of the Rome Statute would indicate that states should exercise caution in arresting a sitting Head of State such as Sudanese President Al-Bashir until such a time that he leaves office or that Sudan waives his immunity.
Topic:
International Law, International Organization, International Criminal Court (ICC), African Union, and Omar al-Bashir
Political Geography:
Africa and Sudan

39677. Congo: No Peace Without Women

Author:
Denis Mukwege
Publication Date:
03-2014
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
On September 2012, a Congolese doctor stood before the world's leaders at the United Nations General Assembly and denounced the mass rapes of women and girls in the Democratic Republic of Congo (DRC), and the impunity enjoyed by those responsible. Dr. Mukwege said he was ashamed of the international community's failure to stop these atrocities. A month later, he was attacked in his residence in Bakavu, DRC, and was forced into exile. Dr. Mukwege, who was nominated for the Nobel Peace Prize in 2012 and in 2013, returned to the Congo earlier this year in January to resume his work at the Panzi Hospital. There, he treats victims of sexual violence in a country ripped apart by sixteen years of conflict. According to the UN, "Sexual violence in the Congo is the worst in the world." Around 500,000 women have been raped in the country since 1996. Dr. Mukwege shared his insights with the Journal about the Congolese crisis and the role of women in conflict.
Topic:
Conflict Prevention, Women, Conflict, and Peace
Political Geography:
Africa and Congo

39678. Ethnic Diversity, Gender, and National Leaders

Author:
Katherine W. Phillips, Nicholas A. Pearce, and Susan E. Perkins
Publication Date:
02-2014
Content Type:
Working Paper
Institution:
School of International and Public Affairs, Columbia University
Abstract:
National leaders have the ultimate responsibility to balance the needs of a diverse set of constituents in society while using their country’s unique set of resources to grow the economy and to gain comparative advantages. Salient to many observers, the United States of America, the world’s largest economy, has never had a female president or vice president and has had only forty-four women serve in the 224-year history of the U.S. Senate. Moreover, if women do make it into top-ranked government leadership positions, whether or not they perform notably different from their male counterparts still remains unknown. Though studies presented by several psychologists validate that women’s leadership styles differ from their male counterparts (i.e., more democratic, inclusive, participative and transformative), how this plays out nationally and in terms of setting national policy agendas and making key decisions for society is explained only anecdotally.[2] For example, Ellen Johnson Sirleaf, affectionately known to her countrymen as the “Iron Lady,” was said to bring a “motherly sensitivity” to her post-war torn country, Liberia; Michelle Bachelet, the Republic of Chile’s first female national leader, won in 2006 on a campaign championing “gender equality” and “inclusion;” and most recently, Park Geun-hye won the presidential election in the Republic of Korea under the political platform of “disarming vicious cycles of distrust and building peace” with the Democratic People's Republic of Korea.[3] These anecdotes all suggest an association with a gender-specific perception of governance, as well as a gender-specific expectation for substantive policy changes with a female taking the lead at the national level. To develop a better understanding of the unique contributions of female national leaders, this article uses global cross-national comparative leader data from 188 countries to explore the following questions: 1) How have global trends of national female leadership changed over time? and 2) Is there evidence that having a female—as compared to a male—leader has differential consequences for economic growth as ethnic diversity increases?
Topic:
Gender Issues, Economic Growth, Feminism, and Diversity
Political Geography:
Global Focus

39679. Just Peace: Achieving Peace, Justice, and Development in Post-Conflict Africa

Author:
Corinna Jentzsch
Publication Date:
08-2014
Content Type:
Working Paper
Institution:
Social Science Research Council
Abstract:
The analysis begins with a review of trends in financing peace operations, including the proliferation of actors; existing financing mechanisms used by the UN, the European Union (EU), the North Atlantic Treaty Organiza- tion (NATO), and the World Bank; and the devolution of these operations to African regional organizations. Efforts of the past two decades to respond effectively to challenges to peace and security in Africa have produced vari- ous new programs and institutions, funds, and budgets and led to revisions of previous programs and financing mechanisms. This proliferation of institutions and funds has also created challenges, however, which the analysis reviews next, placing particular emphasis on three: the inadequacy of UN reforms to overcome financing constraints; the insufficiency and unpredictability of voluntary contributions; and the limited capacity of African regional organizations. All are rooted in the demand for more integrated approaches to peace operations on the one hand and the lack of coordination, duplication of structures, and waste of resources on the other.
Topic:
NATO, United Nations, Developing World, Finance, Europe Union, Peace, and Justice
Political Geography:
Africa, United States, and Europe

39680. Just Peace: Achieving Peace, Justice, and Development in Post-Conflict Africa

Author:
Dan Kuwali
Publication Date:
08-2014
Content Type:
Working Paper
Institution:
Social Science Research Council
Abstract:
The political realities of post-conflict situations present hard choices in the peacebuilding and reconstruction processes. Most post-conflict societies face the dilemma of how to deal with past atrocities, especially genocide, war crimes, and crimes against humanity. Where the perpetrators are the winners of the war or elections, victors’ justice has usually been rendered against the vanquished. Yet, even where this is not the case, national judicial systems in most post-conflict societies cannot immediately handle wide- scale prosecutions for atrocities in accordance with international standards of due process, and, in cases where a political compromise has taken place, the question is usually whether to forego justice for the sake of peace. The answer is often to offer amnesty to the perpetrators of atrocities, effectively giving them impunity. This discussion will explore a victim-oriented approach toward resolving the peace and justice dilemma while promoting reconciliation and development in post-conflict settings. The starting point is the assertion that mass atrocities such as genocide, war crimes, and crimes against humanity can brook no impunity, although each conflict is sui generis, and legal concerns must be balanced with political reality in determining the appropriate reaction to past atrocities. Following the analysis is an outline of the steps that should be taken to eradicate the root causes of conflicts leading to mass atrocities in Africa.
Topic:
Genocide, War Crimes, Peace, and Justice
Political Geography:
Africa