African Journal on Conflict Resolution - Volume 10, Issue 3, January 2010

Whenever we think about conflict - whether conflict in general or a specific conflict - we soon become aware of various degrees of complexities. Even when it superficially seems as if a particular conflict started with a mere clash of interests or understandings, there may be a quite complicated context of backgrounds, cultures, approaches or perspectives. It is understandable, therefore, that we try to make our thinking less confusing and more manageable by, for instance, introducing convenient distinctions. One of the very obvious and therefore widely used classifications is the one which distinguishes between beginnings, escalation and resolution. Such a stage-related approach has led to the use of a set of terms and methods, of which the most well known are conflict prevention, management and resolution.

This article explores the various legal responses to the genocide in Rwanda through the lenses of trauma, memory and performance, and addresses the question of whether trials as performance and methods of legal recourse including international courts, national prosecutions and traditionally adapted mechanisms of transitional justice such as the gacaca courts are effective in reconciling trauma and establishing collective memory. This piece argues that of the available methods of legal redress in post-genocide Rwanda, the gacaca courts are most effective in performing the function of reconciling trauma and establishing collective memory.

The role of young people in times of conflict and their potential within post-conflict recovery are phenomenal. If efforts are not made to reintegrate the youth and access their potential in Southern Sudan, post-conflict recovery will have limited success. Disarmament, Demobilisation and Reintegration (DDR) programmes are the primary instruments that external actors can apply to induce spoilers of peace into the peace process or to reduce their threat to microlevel dynamism and to promote creative life strategies of war-affected individuals who are primary stake-holders in the nation-building process. By providing for the educational, vocational and other social needs of young ex-combatants and enabling them to gain skills and competences that facilitate their economic and social integration, the youths may be brought to a point where they find the alternative of returning to combat unattractive. In meeting the needs of the youths, it is important not to homogenise them as either security threats or passive victims needing special sympathy, but as complex and heterogeneous individuals with multiple skills, aspirations and limitations of their own. Effective DDR programming must factor in the wartime history of individuals. Dealing with the past strategies in southern Sudan should acknowledge and build on the youths' potential as the starting point.

The electoral process in many of Africa's 'new' democracies has been characterised by violence. However, recent manifestations of electoral violence have assumed an unprecedented magnitude and changing form and character, with negative implications for democratic stability and consolidation. This paper analyses electoral violence in Africa, with emphasis on its manifestations, causes, implications and possible solutions. The paper argues that rising electoral violence in Africa is closely connected with the neo-patrimonial character of the African state, the nature of contestation for power, the weak institutionalisation of democratic architectures, including political parties and electoral management bodies (EMBs), and the fascinating political economy of electoral violence. This is complicated by the absence/paucity of democrats, with democratic mindset, to play the game of politics according to established rules. Worse still, avenues for democratic redress, including the judiciary and civil society, are also deeply implicated in the deepening contradictions of the state. The result is the deinstitutionalisation of the people in the democratisation process. Electoral violence is thus a major source of democratic instability with palpable threats of deconsolidation. These contradictions will have to be redressed to tame the monster.

In the course of the lengthy era of military rule in Nigeria, the Shell Petroleum Development Company of Nigeria Ltd (Shell) enjoyed robust protection from the State, a scenario that largely left the unrelenting demands of the Niger Delta peoples unheeded. Over the last decade, however, Shell has gradually become responsive to the inevitable need of getting involved in State and non-State initiatives for finding sustainable peace in the Niger Delta region. At formal and informal levels, these initiatives are becoming evident although challenges remain. This essay proceeds from the premise that the Niger Delta conflict is not interminable. Extrapolating from the various efforts made by Shell towards resolving its conflicts with the peoples of the Niger Delta, this essay accentuates some of the missing links between top-down efforts and bottom-up initiatives in building sustainable peace in the region. Drawing from learned experiences of Shell's successes and failures as well as of Nigeria's power relations and institutional architecture, this essay contends that while compensatory gestures could play a major role in the resolution of conflicts, that approach alone cannot guarantee conflict resolution and reconciliation in the Niger Delta. The overarching outcome of this evaluation is an attempt at identifying the entry points of concerted conflict resolution strategies, with practical focus on the short-, medium- and long-term attainment of peace.

This article interrogates the role of indigenous legal tradition (ILT) in contemporary African transitional justice initiatives. It departs from the assumption that most African cultures put emphasis on communality and the interdependence of the members of a community. Indigenous legal traditions, which include mechanisms for acknowledgement, truth telling, accountability, healing and reparations, continue to assume a prominent role in the lives of African societies and individuals. However, little attention has been given to the role of African indigenous legal tradition in terms of its contribution to postconflict transformation. Several African societies have deeply rooted social and communal values of conflict resolution which can serve as a reservoir of wisdom in future transitional justice initiatives. In furtherance of the main theme, the article discusses an example of ILT from Eritrea, and calls for a continued engagement and critical assessment of these values in promoting peace and justice in Africa.

The study examines the modalities for integrating traditional and modern conflict management strategies in Nigeria using an analysis of relevant documents as well as Black's Social Control Theory and Thomas-Kilmann's Model of Conflict Management. The successful amalgamation of diverse groups has radically shifted from being a platform for peaceful coexistence to an arena of violent conflicts due to the matrix of social inequality and the state attempts to undermine the power of traditional social control systems. The police and military have been used to suspend several violent conflicts in Nigeria, but they have been unable to build peace despite their coercive power. The social structure and deep-seated grievances that generate violence have not been addressed and the crowding out of traditional methods of social control from official policies has left room for escalation of violent conflicts. The most disturbing of these conflicts are ethno-religious and resource-control conflicts, which have both resulted in monumental destruction of peoples and properties and exposed different parts of Nigeria to crisis. It is argued that a policy-driven synergy of useful traditional and modern strategies for conflict management will result in lasting peace in Nigeria.