Indigenous Practices

Africa's rich indigenous justice traditions, focused on repairing the community harm caused by crime, have been revived to complement and in some cases to replace Western-based criminal justice systems

You cannot compare apples to oranges: Ubushingantahe vs. criminal justice: from Josh Perry's post on Africa Faith & Justice Network: Conflict resolution in Burundi was halted for decades due to the ongoing ethnic strife between the Hutus and the Tutsis. As the Burundian civil war continued, a British based organization named ActionAid helped to rebuild customary institutions that were destroyed by the conflict, and the Bashingantahe council, known also as Ubushingantahe, was one. However, in 2000, the passage of the Arusha Accord settled the civil war, brought about peace negotiations, and formally recognized the Ubushingantahe as a conciliatory judicial mechanism.
Schärf, Wilfred. Non-State Justice Systems in Southern Africa: How should Governments Respond?: As Wilfried Scharf remarks, non-state justice systems are a reality in almost all countries around the world. Their extent, character, and importance vary considerably depending on a wide range of local factors. These include, for example, the diversity of the population, levels of urbanization, the type of economy, and the cultural moral system. Other important factors in understanding the nature and shape of non-state justice systems in developing countries in Africa have to do with the organization of the state in the decolonization period following the 1960s and with moves toward democratization in the 1990s. In this context, Schxc3xa4rf looks at six countries in particular: South Africa; Malawi; Lesotho; Zambia; Botswana; and Mozambique. He discusses the terminology used in the last half century in reference to non-state justice; the ideological influences on this terminology; different forms of non-state justice in the six countries; and state responses to such justice. Scharf includes recommendations on how states, donors, and citizens can contribute to better governance and more effective cooperation between different forms of non-state justice.
Resolving conflicts using traditional mechanisms in the Karamoja and Teso regions of Uganda: from the Briefing prepared by Chris Chapman and Alexander Kagaha for Minority Rights Group International: This study is the result of intensive research and consultations with community representatives and local and national government officials in Karamoja and Teso regions of northeast Uganda. The conclusions of the research can be summarised as follows:
Promoting international support for community-based justice mechanisms in post-conflict Burundi and Uganda: from the Introduction to a Report by Bahati Ntama Jacques and Beth Tuckey: Those who committed crimes in the long wars in Burundi and Uganda are wanted by both the national and international criminal court system, but very little attention is given to peacebuilding, reconciliation, or restoration of the communities destroyed by violence. For example, the reconciliation process of mato oput, an Acholi tradition in northern Uganda, and the Ubushingantahe in Burundi, uniquely achieve justice and healing of the concerned parties in a way that a formal justice system cannot. These methods of restorative justice emphasize community-building and the need to reconcile an entire society after conflict. To complete this project, interviews with both victims and perpetrators of crime, as well as implementers of restorative justice programs were conducted in Burundi and Uganda. Using this local perspective, the paper elevates the need for international recognition and support for restorative justice mechanisms in post-conflict communities in Africa. Civil society has an important role to play in elevating awareness of these traditions and practices, and the U.S. government can enhance restorative justice through both leverage and funding. Ultimately, it is imperative that Western governments and citizens around the world perceive restorative justice as a legitimate and much-needed form of justice.
Peters, Melanie. Traditional Justice on Trial. Rule of Law: Mepanie Peters observes that, since the inception of the new constitution, traditional leaders in South Africa have been advocating for strengthening of their role in the justice system. Traditional courts, also known as chiefs' courts, have played a significant role in the administration of justice in the African community. Some see these courts as prototypes of desirable dispute-resolution mechanisms; others see them as outmoded in a modern social, economic, and political context. In this article, Melanie Peters surveys arguments for and against traditional courts in South Africa.
Penal Reform International. Rapport de monitoring et de recherche sur la Gacaca: Les témoignages et la preuve devant les juridictions Gacaca: This latest report from the gacaca monitoring project deals with the issues surrounding testimony, evidence-giving and proof in the gacaca courts. In effect, the whole gacaca justice system relies on witness statements and oral accounts of events – accounts which can be distorted by the passing of time, corrupted by the desire for retribution or curtailed for the sake of expediency. This report looks in detail at the difficulties which have arisen in uncovering the ‘truth’ of the genocide and the effect the gacaca testimonies continue to have on those seeking justice and reconciliation. (publisher's abstract)
Osamba, Joshia. Peace building and transformation from below: Indigenous approaches to conflict resolution and reconciliation among the pastoral societies in the borderlands of eastern Africa: The borderlands of eastern Africa have experienced considerable violence, anarchy, and insecurity in recent decades. The governments of eastern African states are having great difficulty maintaining law and order in the borderlands. Their use of security forces and extra-judicial methods fails because those measures address merely the symptoms of conflict and violence rather than the roots. In this context, Osamba critiques the western legal framework of conflict resolution. Rather, he seeks to identify traditional customs and values that may be of significance in promoting security, peaceful coexistence, and respect for human rights.
Okafo, Nonso. Relevance of African Traditional Jurisprudence on Control, Justice, and Law: A Critique of the Igbo Experience.: Native African ideas and models of law and justice are best suited for social control in African societies. Africans should therefore prefer the ideas and models for many reasons, including the fact that Native African systems of law and justice derive fundamentally from African societies, rather than foreign cultures. This paper uses the Igbo (Nigeria) experience to illustrate the need for African societies to advocate, promote, and expand the uses of their indigenous justice and social control philosophies and systems despite their respective colonial experiences. The governments of modern African States, as well as private individuals and groups, have important contributions to make toward these objectives. Based on this author’s years of studying the Igbo systems of justice, social control, and law, this paper presents illustrative scientific evidence to demonstrate that the indigenous Igbo justice system, like many other Native African justice systems, remains potent for social control in Africa. Despite the potentials that the indigenous Igbo justice system presents, the lack of official government support for the system remains the greatest challenge facing the indigenous system. Postcolonial Nigeria’s continued descent to a condition of anomie exemplifiesthe heightened need for Nigerians, indeed Africans, and their leaders to recognize their indigenous social control systems as superior and preferable to foreign system. (Author's abstract)
Nyamu-Musembi, Celestine. Review of Experience in Engaging with "Non-State" Justice Systems in East Africa: This report seeks to help DfID understand the range of non-formal justice systems in the East Africa region, and to apply this understanding to develop guidelines on how to work with non-formal justice systems to achieve DfID’s goal of making justice more accessible to poor people. The report is based on a review of relevant experience in three East African countries: Uganda, Kenya and Tanzania. (excerpt)
Nindorera, Louis-Marie. Keepers of the Peace: Reviving the Tradition of Bashingantahe in Burundi: Ninodorera explores the traditional method of conflict resolution for ethnic groups in Burundi. This council of elders was held to be impartial, truth loving, and of high moral standards. They were in charge of dispute resolution, family reconciliation, the maintenance of justice, and other issues. Although these councils lost power after colonization and state control, they are seen as a means to solving the major problems leading to ethnic and political conflicts. Reprinted in,Voices From Africa, No. 8. Conflict, Peace, and Reconstruction published by the UN Non-Governmental Liaison Service.
Nhlapo, Thandabantu. The Judicial Function of Traditional Leaders: A Contribution to Restorative Justice?: In 1994 South Africa held a historic election as a key part of the transition from apartheid to a post-apartheid government and society. As Thandabantu Nhlapo comments, much progress has been made since then in building a more democratic and stable South Africa. This included the negotiation and adoption of a new constitution. At the same time, it is also true that much remains to be done after ten years, and many of the tensions and challenges present in the mid 1990s persist. Nhlapo points in particular to the issue of customary or traditional law in relation to more formal, written, constitutional law. The constitution recognized the validity of customary law, yet a certain tension exists between the two in the administration of justice. Nhlapo characterizes this as a tension between the Western notion of retributive justice and the traditional African concept of restorative justice. In this framework, Nhlapo examines restorative justice in relation to African culture, the administration of justice in South Africa, and the role of traditional leaders in the administration of justice.
Mennonite Central Committee. "Balancing Zambian and Traditional Legal Systems.": In anecdotal fashion, highlighting the work of the Mindola Ecumenical Foundation in Zambia, this article relates traditional Zambian processes for addressing conflicts and offenders in relation to a more Western legal system.
Klute, Georg and von Trotha, Trutz. Roads to Peace: From Small War to Parasovereign Peace in the North of Mali: In this chapter Georg Klute and Trutz von Trotha present a report on two wars in Africa and the processes which contributed to peace in each situation. One xe2x80x93 little known outside of francophone media in Europe xe2x80x93 was the war between the Tuareg of Mali and Niger and the central governments in Bamako (Mali) and Niamey (Niger). For the purposes of this chapter, Klute and von Trotha discuss primarily the conflict in Mali, not Niger. The other was a war within the war of the Mali Tuareg against the government of Mali. In essence, this was a kind of civil war between two rebel movements of the Malian Tuareg. This conflict was ignored by the outside world and by Mali itself. Even the Tuareg do not like to talk about it now. In reporting on these two wars and the relevant peace processes, Klute and von Trotha structure their observations and considerations into three sections: the first section consists of a short history of the second Tuareg rebellion in Mali; the second section, or part I, deals with how peace was achieved between the rebel movements in this rebellion, (i.e., the road from social rebellion to parasovereign chiefdom); and the third section, or part II, examines links between local peace processes and programs and peace processes initiated and conducted at the national level (i.e., the road from peace management to parasovereign peace).
Justice, reconciliation and peacebuilding: Seen through African eyes: from Rev. Clement Apengnuo's First Annual Fr. Bill Dyer Lecture: In 2000 the Catholic Diocese of Damongo in collaboration with the Catholic Relief Services started a peace project to build local capacity for justice-building, reconciliation and peace-building. In the course of my work I had to deal with the issue of the relevance of a Western style peace-building in African conflicts. Why not use the African traditional systems of conflict resolution? Implicit in these statements is the assumption that the Western style is foreign and in effective. African traditional systems work better in an African setting. African conflicts, African solutions. At the international level, indigenous and traditional practices of peace-building are regarded as unaccountable, opague and contradictory to the “enlightened” intentions of Western form of peacebuilding (liberal Peace) and internationally sponsored post war reconstruction efforts.
Gacaca's end and its legacy
Endalew, Tsega. Luba Basa and Harma Hodha: Traditional Mechanisms of Conflict Resolution in Metekkel, Ethiopia: Metekkel, a vast low-lying territory on the Ethio-Sudanese frontier, is inhabited by the Gumuz, Shinasha, Oromo, Agew and Amhara who continued their interactions for their daily activities. Although they have their own respective traditional mechanisms of conflict resolutions they gradually adopted Oromo traditional institutions including the Luba Baasa, Harma Hodhaa and Micu. Luba Baasa (lit. to set free) and Harma Hodhaa (lit. Breast - suckling) are Oromoo names and are used by the Gumuz and Shinasha who also speak Oromoo. Luba Baasa is more of preventive mechanism and gradually establishes ethnic integration through adoption. The Harma Hodhaa (Harma hosisuu/hodhuu), however, establishes a kind of parent - child relationships between ethnic groups, individuals as well as within groups. The Gumuz or the Shinasha individual either representing his clan or family is supposed to suckle a breast or anointed thumb of the Oromo individual and becomes his xe2x80x98son.xe2x80x99 The whole group to which the individual belongs becomes xe2x80x98sonsxe2x80x99 to the xe2x80x98breast Father.xe2x80x99 xe2x80x98The xe2x80x98Fatherxe2x80x99 agrees to treat the xe2x80x98sonxe2x80x99 in the same way as his natural son (naturalization) and provide all the necessary material assistance. In Oromo society, some Oromo or non-Oromo groups are considered as xe2x80x98castesxe2x80x98 and despised until they are assimilatedxe2x80xa6. They have no peaceful interaction with each other and no mutual support in agricultural activities and so on. However, rural societies particularly agricultural communities need cooperation, and for each daily interactions and mutual coexistence they should, therefore, come into terms. These institutions are intra as well as inter ethnic conflict resolution principles and are widely applied in many parts of Ethiopia; and can even meet demands out side Africa. If refurbished, the findings show that, they can be of paramount importance to policy makers and practitioners. (excerpt)
Elechi, O. Oko. Human Rights and the African Indigenous Justice System: Despite the dominant position of African states in social control, African indigenous institutions of social control remain relevant in the affairs of the people.This is especially so in the rural areas of Africa where the majority of the people reside. African peoplesxe2x80x99 disappointment with the colonial sponsored justice system, derive mostly from their perception of the systemxe2x80x99s concept and practice as alien, and prone to abuse and corruption, and antithetical to the African concept and practice of justice. African indigenous justice system employs restorative and transformative principles in conflict resolution. Victims, offenders and the entire community are involved and participate in the definition of harm and search for resolution acceptable to all stakeholders.Questions remain as to whether African indigenous institutions of conflict resolution are capable of respecting and protecting the rights of suspects and litigants. Underlying this thinking is the perception that pre-colonial Africa had no concept of human rights. As such human rights are only achievable through liberal regimes, since they are products of Western culture. Therefore, African post-colonial states modeled after Western states are in a better position to protect the rights of suspects and litigants. Further, social developmental theorists often draw a distinction between traditional and modern societies, where the former represents the "take-off" point and the latter the xe2x80x9clandingxe2x80x9d stages of the developmental continuum.This position overlooks the inherent differences in world-view, and the role of culture in the conception and administration of justice. Findings from this study indicate that the restoration of rights, dignity, interests and wellbeing of victims, offenders, and the entire community is the goal of African indigenous justice system...Again, the victimsxe2x80x99 needs for information, validation, social support, vindication, are the starting points of African justice. Author's abstract.
Elechi, O. Oko. Doing Justice Without the State: The Afikpo (Ehugbo) Nigeria Model.: The Afikpo indigenous justice system is examined as an alternative system of justice in South-East Nigeria from restorative, transformative, and communitarian principles. Despite the dominance of the Nigerian state criminal justice system in social control, the Afikpo indigenous justice system still holds sway, and is perceived to be more effective and legitimate. The Afikpo model is rooted in the traditions, cultures and customs of the people. Indigenous social and political institutions function as channels for conflict resolution and justice. The processes and principles of conflict resolution are emphasized. The model's continued perceived popularity and legitimacy are discussed, as is the basis for the system's co-existence with the Nigerian State agencies of social control. (excerpt)
Elechi, O. Oko. Doing Justice Without the State: The Afikpo (Ehugbo) - Nigeria Model: The Afikpo community conflict resolution model is examined as an alternative system of justice in South-East Nigeriaxe2x80xa6. A major finding of this study is that the Afikpo model is victim-centeredxe2x80xa6 Further, the Afikpo community conflict resolution model is inclusive and seeks to address the interests of all parties to the conflict. The social solidarity and humane emphasis of the system is reflected in the treatment of offenders. The institutions of social control are formal agents of resocialization, hence providing offenders support through teaching and healing. The offender must first acknowledge the wrong, then, show remorse, shame, and accountability through reparation and expiation. This study is grounded in theories of restorative justice and other concepts of African justice. Inquiries into state, state/society and postcolonial state theories are undertaken to further illuminate this phenomenon of an alternative conflict resolution model. Being an exploratory study, several qualitative research methods were utilized. They include participant observation, oral history, in-person and focus group interviews of 40 men and 15 women. Authorxe2x80x99s abstract.
Choudree, R.B.G. Traditions of Conflict Resolution in South Africa: In the domain of law, and elsewhere, 'alternative' dispute resolution can be used in more than one way. It may signify a recognition that there are other methods than litigation, and that these may sometimes be more appropriate. But it may also serve as a label for methods which are frowned upon as popular but amateurish. This article is written from the perspective that the deep roots and valid reasons for traditional conflict resolution methods and customs should be taken seriously. They form part of time-proven social systems, in which the objective is usually more than just settling a case. Such methods, whether they include more adjudication or more mediation, are especially oriented towards reconciliation and the maintenance or even improvement of social relationships. Representative examples from a few South African societies are discussed, as well as the current situation of Western and customary law, modern courts and tribal courts, legal professionals and traditional leaders. Possibilities for the future are pointed out, in an increasingly urbanised South Africa, but a South Africa with a new Constitution.

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Navigation Lecture Hall Introduction to Restorative Justice Restorative Justice around the World Africa Indigenous Practices Community Service National Reconciliation RJ Online Articles Africa -- All Articles Asia Europe Latin America Middle East North America and the Caribbean Pacific Educational Opportunities Restorative Justice Theory Making Amends Restorative Justice Course Syllabi Book Reviews Video Reviews Real People, Real Stories Practice Manuals Evaluation Research Evaluation Tools Role Plays Using Restorative Practices	Info Indigenous Practices Africa's rich indigenous justice traditions, focused on repairing the community harm caused by crime, have been revived to complement and in some cases to replace Western-based criminal justice systems You cannot compare apples to oranges: Ubushingantahe vs. criminal justice from Josh Perry's post on Africa Faith & Justice Network: Conflict resolution in Burundi was halted for decades due to the ongoing ethnic strife between the Hutus and the Tutsis. As the Burundian civil war continued, a British based organization named ActionAid helped to rebuild customary institutions that were destroyed by the conflict, and the Bashingantahe council, known also as Ubushingantahe, was one. However, in 2000, the passage of the Arusha Accord settled the civil war, brought about peace negotiations, and formally recognized the Ubushingantahe as a conciliatory judicial mechanism. Schärf, Wilfred. Non-State Justice Systems in Southern Africa: How should Governments Respond? As Wilfried Scharf remarks, non-state justice systems are a reality in almost all countries around the world. Their extent, character, and importance vary considerably depending on a wide range of local factors. These include, for example, the diversity of the population, levels of urbanization, the type of economy, and the cultural moral system. Other important factors in understanding the nature and shape of non-state justice systems in developing countries in Africa have to do with the organization of the state in the decolonization period following the 1960s and with moves toward democratization in the 1990s. In this context, Schxc3xa4rf looks at six countries in particular: South Africa; Malawi; Lesotho; Zambia; Botswana; and Mozambique. He discusses the terminology used in the last half century in reference to non-state justice; the ideological influences on this terminology; different forms of non-state justice in the six countries; and state responses to such justice. Scharf includes recommendations on how states, donors, and citizens can contribute to better governance and more effective cooperation between different forms of non-state justice. Resolving conflicts using traditional mechanisms in the Karamoja and Teso regions of Uganda from the Briefing prepared by Chris Chapman and Alexander Kagaha for Minority Rights Group International: This study is the result of intensive research and consultations with community representatives and local and national government officials in Karamoja and Teso regions of northeast Uganda. The conclusions of the research can be summarised as follows: Promoting international support for community-based justice mechanisms in post-conflict Burundi and Uganda from the Introduction to a Report by Bahati Ntama Jacques and Beth Tuckey: Those who committed crimes in the long wars in Burundi and Uganda are wanted by both the national and international criminal court system, but very little attention is given to peacebuilding, reconciliation, or restoration of the communities destroyed by violence. For example, the reconciliation process of mato oput, an Acholi tradition in northern Uganda, and the Ubushingantahe in Burundi, uniquely achieve justice and healing of the concerned parties in a way that a formal justice system cannot. These methods of restorative justice emphasize community-building and the need to reconcile an entire society after conflict. To complete this project, interviews with both victims and perpetrators of crime, as well as implementers of restorative justice programs were conducted in Burundi and Uganda. Using this local perspective, the paper elevates the need for international recognition and support for restorative justice mechanisms in post-conflict communities in Africa. Civil society has an important role to play in elevating awareness of these traditions and practices, and the U.S. government can enhance restorative justice through both leverage and funding. Ultimately, it is imperative that Western governments and citizens around the world perceive restorative justice as a legitimate and much-needed form of justice. Peters, Melanie. Traditional Justice on Trial. Rule of Law Mepanie Peters observes that, since the inception of the new constitution, traditional leaders in South Africa have been advocating for strengthening of their role in the justice system. Traditional courts, also known as chiefs' courts, have played a significant role in the administration of justice in the African community. Some see these courts as prototypes of desirable dispute-resolution mechanisms; others see them as outmoded in a modern social, economic, and political context. In this article, Melanie Peters surveys arguments for and against traditional courts in South Africa. Penal Reform International. Rapport de monitoring et de recherche sur la Gacaca: Les témoignages et la preuve devant les juridictions Gacaca This latest report from the gacaca monitoring project deals with the issues surrounding testimony, evidence-giving and proof in the gacaca courts. In effect, the whole gacaca justice system relies on witness statements and oral accounts of events – accounts which can be distorted by the passing of time, corrupted by the desire for retribution or curtailed for the sake of expediency. This report looks in detail at the difficulties which have arisen in uncovering the ‘truth’ of the genocide and the effect the gacaca testimonies continue to have on those seeking justice and reconciliation. (publisher's abstract) Osamba, Joshia. Peace building and transformation from below: Indigenous approaches to conflict resolution and reconciliation among the pastoral societies in the borderlands of eastern Africa The borderlands of eastern Africa have experienced considerable violence, anarchy, and insecurity in recent decades. The governments of eastern African states are having great difficulty maintaining law and order in the borderlands. Their use of security forces and extra-judicial methods fails because those measures address merely the symptoms of conflict and violence rather than the roots. In this context, Osamba critiques the western legal framework of conflict resolution. Rather, he seeks to identify traditional customs and values that may be of significance in promoting security, peaceful coexistence, and respect for human rights. Okafo, Nonso. Relevance of African Traditional Jurisprudence on Control, Justice, and Law: A Critique of the Igbo Experience. Native African ideas and models of law and justice are best suited for social control in African societies. Africans should therefore prefer the ideas and models for many reasons, including the fact that Native African systems of law and justice derive fundamentally from African societies, rather than foreign cultures. This paper uses the Igbo (Nigeria) experience to illustrate the need for African societies to advocate, promote, and expand the uses of their indigenous justice and social control philosophies and systems despite their respective colonial experiences. The governments of modern African States, as well as private individuals and groups, have important contributions to make toward these objectives. Based on this author’s years of studying the Igbo systems of justice, social control, and law, this paper presents illustrative scientific evidence to demonstrate that the indigenous Igbo justice system, like many other Native African justice systems, remains potent for social control in Africa. Despite the potentials that the indigenous Igbo justice system presents, the lack of official government support for the system remains the greatest challenge facing the indigenous system. Postcolonial Nigeria’s continued descent to a condition of anomie exemplifiesthe heightened need for Nigerians, indeed Africans, and their leaders to recognize their indigenous social control systems as superior and preferable to foreign system. (Author's abstract) Nyamu-Musembi, Celestine. Review of Experience in Engaging with "Non-State" Justice Systems in East Africa This report seeks to help DfID understand the range of non-formal justice systems in the East Africa region, and to apply this understanding to develop guidelines on how to work with non-formal justice systems to achieve DfID’s goal of making justice more accessible to poor people. The report is based on a review of relevant experience in three East African countries: Uganda, Kenya and Tanzania. (excerpt) Nindorera, Louis-Marie. Keepers of the Peace: Reviving the Tradition of Bashingantahe in Burundi Ninodorera explores the traditional method of conflict resolution for ethnic groups in Burundi. This council of elders was held to be impartial, truth loving, and of high moral standards. They were in charge of dispute resolution, family reconciliation, the maintenance of justice, and other issues. Although these councils lost power after colonization and state control, they are seen as a means to solving the major problems leading to ethnic and political conflicts. Reprinted in,Voices From Africa, No. 8. Conflict, Peace, and Reconstruction published by the UN Non-Governmental Liaison Service. Nhlapo, Thandabantu. The Judicial Function of Traditional Leaders: A Contribution to Restorative Justice? In 1994 South Africa held a historic election as a key part of the transition from apartheid to a post-apartheid government and society. As Thandabantu Nhlapo comments, much progress has been made since then in building a more democratic and stable South Africa. This included the negotiation and adoption of a new constitution. At the same time, it is also true that much remains to be done after ten years, and many of the tensions and challenges present in the mid 1990s persist. Nhlapo points in particular to the issue of customary or traditional law in relation to more formal, written, constitutional law. The constitution recognized the validity of customary law, yet a certain tension exists between the two in the administration of justice. Nhlapo characterizes this as a tension between the Western notion of retributive justice and the traditional African concept of restorative justice. In this framework, Nhlapo examines restorative justice in relation to African culture, the administration of justice in South Africa, and the role of traditional leaders in the administration of justice. Mennonite Central Committee. "Balancing Zambian and Traditional Legal Systems." In anecdotal fashion, highlighting the work of the Mindola Ecumenical Foundation in Zambia, this article relates traditional Zambian processes for addressing conflicts and offenders in relation to a more Western legal system. Klute, Georg and von Trotha, Trutz. Roads to Peace: From Small War to Parasovereign Peace in the North of Mali In this chapter Georg Klute and Trutz von Trotha present a report on two wars in Africa and the processes which contributed to peace in each situation. One xe2x80x93 little known outside of francophone media in Europe xe2x80x93 was the war between the Tuareg of Mali and Niger and the central governments in Bamako (Mali) and Niamey (Niger). For the purposes of this chapter, Klute and von Trotha discuss primarily the conflict in Mali, not Niger. The other was a war within the war of the Mali Tuareg against the government of Mali. In essence, this was a kind of civil war between two rebel movements of the Malian Tuareg. This conflict was ignored by the outside world and by Mali itself. Even the Tuareg do not like to talk about it now. In reporting on these two wars and the relevant peace processes, Klute and von Trotha structure their observations and considerations into three sections: the first section consists of a short history of the second Tuareg rebellion in Mali; the second section, or part I, deals with how peace was achieved between the rebel movements in this rebellion, (i.e., the road from social rebellion to parasovereign chiefdom); and the third section, or part II, examines links between local peace processes and programs and peace processes initiated and conducted at the national level (i.e., the road from peace management to parasovereign peace). Justice, reconciliation and peacebuilding: Seen through African eyes from Rev. Clement Apengnuo's First Annual Fr. Bill Dyer Lecture: In 2000 the Catholic Diocese of Damongo in collaboration with the Catholic Relief Services started a peace project to build local capacity for justice-building, reconciliation and peace-building. In the course of my work I had to deal with the issue of the relevance of a Western style peace-building in African conflicts. Why not use the African traditional systems of conflict resolution? Implicit in these statements is the assumption that the Western style is foreign and in effective. African traditional systems work better in an African setting. African conflicts, African solutions. At the international level, indigenous and traditional practices of peace-building are regarded as unaccountable, opague and contradictory to the “enlightened” intentions of Western form of peacebuilding (liberal Peace) and internationally sponsored post war reconstruction efforts. Gacaca's end and its legacy Endalew, Tsega. Luba Basa and Harma Hodha: Traditional Mechanisms of Conflict Resolution in Metekkel, Ethiopia Metekkel, a vast low-lying territory on the Ethio-Sudanese frontier, is inhabited by the Gumuz, Shinasha, Oromo, Agew and Amhara who continued their interactions for their daily activities. Although they have their own respective traditional mechanisms of conflict resolutions they gradually adopted Oromo traditional institutions including the Luba Baasa, Harma Hodhaa and Micu. Luba Baasa (lit. to set free) and Harma Hodhaa (lit. Breast - suckling) are Oromoo names and are used by the Gumuz and Shinasha who also speak Oromoo. Luba Baasa is more of preventive mechanism and gradually establishes ethnic integration through adoption. The Harma Hodhaa (Harma hosisuu/hodhuu), however, establishes a kind of parent - child relationships between ethnic groups, individuals as well as within groups. The Gumuz or the Shinasha individual either representing his clan or family is supposed to suckle a breast or anointed thumb of the Oromo individual and becomes his xe2x80x98son.xe2x80x99 The whole group to which the individual belongs becomes xe2x80x98sonsxe2x80x99 to the xe2x80x98breast Father.xe2x80x99 xe2x80x98The xe2x80x98Fatherxe2x80x99 agrees to treat the xe2x80x98sonxe2x80x99 in the same way as his natural son (naturalization) and provide all the necessary material assistance. In Oromo society, some Oromo or non-Oromo groups are considered as xe2x80x98castesxe2x80x98 and despised until they are assimilatedxe2x80xa6. They have no peaceful interaction with each other and no mutual support in agricultural activities and so on. However, rural societies particularly agricultural communities need cooperation, and for each daily interactions and mutual coexistence they should, therefore, come into terms. These institutions are intra as well as inter ethnic conflict resolution principles and are widely applied in many parts of Ethiopia; and can even meet demands out side Africa. If refurbished, the findings show that, they can be of paramount importance to policy makers and practitioners. (excerpt) Elechi, O. Oko. Human Rights and the African Indigenous Justice System Despite the dominant position of African states in social control, African indigenous institutions of social control remain relevant in the affairs of the people.This is especially so in the rural areas of Africa where the majority of the people reside. African peoplesxe2x80x99 disappointment with the colonial sponsored justice system, derive mostly from their perception of the systemxe2x80x99s concept and practice as alien, and prone to abuse and corruption, and antithetical to the African concept and practice of justice. African indigenous justice system employs restorative and transformative principles in conflict resolution. Victims, offenders and the entire community are involved and participate in the definition of harm and search for resolution acceptable to all stakeholders.Questions remain as to whether African indigenous institutions of conflict resolution are capable of respecting and protecting the rights of suspects and litigants. Underlying this thinking is the perception that pre-colonial Africa had no concept of human rights. As such human rights are only achievable through liberal regimes, since they are products of Western culture. Therefore, African post-colonial states modeled after Western states are in a better position to protect the rights of suspects and litigants. Further, social developmental theorists often draw a distinction between traditional and modern societies, where the former represents the "take-off" point and the latter the xe2x80x9clandingxe2x80x9d stages of the developmental continuum.This position overlooks the inherent differences in world-view, and the role of culture in the conception and administration of justice. Findings from this study indicate that the restoration of rights, dignity, interests and wellbeing of victims, offenders, and the entire community is the goal of African indigenous justice system...Again, the victimsxe2x80x99 needs for information, validation, social support, vindication, are the starting points of African justice. Author's abstract. Elechi, O. Oko. Doing Justice Without the State: The Afikpo (Ehugbo) Nigeria Model. The Afikpo indigenous justice system is examined as an alternative system of justice in South-East Nigeria from restorative, transformative, and communitarian principles. Despite the dominance of the Nigerian state criminal justice system in social control, the Afikpo indigenous justice system still holds sway, and is perceived to be more effective and legitimate. The Afikpo model is rooted in the traditions, cultures and customs of the people. Indigenous social and political institutions function as channels for conflict resolution and justice. The processes and principles of conflict resolution are emphasized. The model's continued perceived popularity and legitimacy are discussed, as is the basis for the system's co-existence with the Nigerian State agencies of social control. (excerpt) Elechi, O. Oko. Doing Justice Without the State: The Afikpo (Ehugbo) - Nigeria Model The Afikpo community conflict resolution model is examined as an alternative system of justice in South-East Nigeriaxe2x80xa6. A major finding of this study is that the Afikpo model is victim-centeredxe2x80xa6 Further, the Afikpo community conflict resolution model is inclusive and seeks to address the interests of all parties to the conflict. The social solidarity and humane emphasis of the system is reflected in the treatment of offenders. The institutions of social control are formal agents of resocialization, hence providing offenders support through teaching and healing. The offender must first acknowledge the wrong, then, show remorse, shame, and accountability through reparation and expiation. This study is grounded in theories of restorative justice and other concepts of African justice. Inquiries into state, state/society and postcolonial state theories are undertaken to further illuminate this phenomenon of an alternative conflict resolution model. Being an exploratory study, several qualitative research methods were utilized. They include participant observation, oral history, in-person and focus group interviews of 40 men and 15 women. Authorxe2x80x99s abstract. Choudree, R.B.G. Traditions of Conflict Resolution in South Africa In the domain of law, and elsewhere, 'alternative' dispute resolution can be used in more than one way. It may signify a recognition that there are other methods than litigation, and that these may sometimes be more appropriate. But it may also serve as a label for methods which are frowned upon as popular but amateurish. This article is written from the perspective that the deep roots and valid reasons for traditional conflict resolution methods and customs should be taken seriously. They form part of time-proven social systems, in which the objective is usually more than just settling a case. Such methods, whether they include more adjudication or more mediation, are especially oriented towards reconciliation and the maintenance or even improvement of social relationships. Representative examples from a few South African societies are discussed, as well as the current situation of Western and customary law, modern courts and tribal courts, legal professionals and traditional leaders. Possibilities for the future are pointed out, in an increasingly urbanised South Africa, but a South Africa with a new Constitution. Next 5 items » [1] 2 Document Actions Send this Print this	Africa Asia Europe Latin America Middle East North America and Caribbean Pacific Search 10463 publications on restorative justice Recent RJOB Comments Controversies Around Restorative Justice Feb 07, 2012 "Immature humanity" Jan 31, 2012 Ex-Juvenile Offender Jan 20, 2012 More… Slide Show: What is Restorative Justice Click to view a slideshow discussing the definition of restorative justice. 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