Beneficiaries are actors too.pdf - Southern Institute of Peace ...

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land seem to have increased the number of land conflicts among families. A study on local resolution of land disputes by RCN Justice and Democratie revealed that the abunzi mediators have played a prominent role in resolving land disputes thereby relieving the over-burdened court system. Speaking after a training session of the abunzi in January 2011, a representative from the Ministry of Justice said this about the advantages of using the abunzi approach to justice: “The mediation committee is a strong pillar of conflict resolution which will deal with social conflicts regarding land, gender violence and abuse of child rights in rural community. Use the skills acquired to help the others engage into productive ventures other than wasting time in legal battles” (AllAfrica.com, 24 January 2011). In addition, the abunzi system in Rwanda has the capacity to overcome a state-centric perspective in conflict resolution and justice delivery. The abunzi approach encourages positive-sum thinking and ultimately peaceful solutions. This means the cases are resolved in a shorter period as there is limited room for the conflict to become intractable. Even in cases where the mediator decisions are appealed by disputants, in most cases the formal courts follow the recommendations of the abunzi since they are considered to be credible. Ultimately, this reduces costs associated with the formal justice system. Even though the prevention from formal courts is often framed as beneficial and less costly, Nader (2008) cautions that alternative forms of dispute resolution are actually marginalizing to the poor, especially if they are mandatory. Doughty (2011) asserts that in Rwanda, the abunzi system has ultimately excluded poor, rural and uneducated peasants from accessing the formal justice system, while the urban elites are the only ones privileged enough to make use of this system. However, considering the pressure on the Rwandan modern courts, it is perhaps not far-fetched to conclude that the institution of abunzi, although not perfect, at least allows people to access justice timely. If the modern courts were operating alone without the assistance of these decentralized legal forums, it is highly likely that many Rwandans would have been completely 147
marginalized and disenfranchised from the formal justice system. In Rwanda, despite its strong presence and control on the citizenry, the state realizes that it is apparently not the only actor in socio-political processes, but that it can make use of a number of 'political orders' to provide governance and regulate processes of conflict management. Like the gacaca courts, abunzi mediation appears to have contributed to the decongestion of the formal courts as most civil suits and crimes that fall under three (3) million francs will be resolved at the local level. First, some disputes are too trivial for formal courts' attention, hence the abunzi are mandated to deal with such disputes. Statistical reports on the Ministry of Justice website indicate that before the Abunzi system, 80% of civil cases pending before courts involved less than one (1) million Rwandan francs. However, following the establishment of abunzi in 2006, approximately 70% of all civil cases now fall under the competence of the abunzi. The MINJUST also conducted a survey in 2005 to ascertain abunzi effectiveness, and the results concluded that 73% of cases tried by abunzi were not later referred to the formal court system. In addition, should a case that was once before the abunzi be brought to the formal court as an appeal, the abunzi can submit their investigations, discussions and decisions as official documents for the case. Through the use of mediation, the abunzi system is designed to enable restoration of relationship and ultimately facilitate a sense of community. Both the process and outcome of the abunzi mediation are expected to reflect conciliation and restoration rather than retribution. In fact, Organic Law prevents abunzi mediators from handing punitive sentences. This approach has been credited for promoting reconciliation among disputants. A 2010 study by RCN Justice and Democratie concludes that the majority of cases heard by the abunzi are concluded through a compromise arrangement, although the majority of disputants in abunzi cases hardly go further into reconciliation. Another value of traditional institutions of governance and conflict resolution is their potential to contribute to Africa's democratisation process. Just like many state mandated 148
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Sustainable peace and development a
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Sustainable peace and development a
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Contents Introduction: The primacy
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its work on community, with special
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in Africa. The paper highlights the
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1 Women's access to microfinance an
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all household members, especially i
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family well-being are often higher
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“[b]y plugging the gap left by th
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As at 30 July 2011 the country's ba
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analysis will also be as much infor
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not about bemoaning the limited acc
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approach the MFIs, is that “it wi
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d) Indicators of the social and eco
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Illiteracy creates a situation of d
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Disabilities: Lessons from Zambia a
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Abbreviations and acronyms CBNRM Co
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(Murindagomo, 1990). Its main appro
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percentages to the gross domestic p
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some trees were not supposed to be
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formulation will ensure their total
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the commons'. The concept of commun
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esources in these government estate
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management in Botswana and Namibia:
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Introduction This article seeks to
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esearchers come to study with backg
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the land US$750.00. Mudzi laid the
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case the chief's court sought the t
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The chief's personality This influe
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process of reporting a case is too
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and implies that offenders should r
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Cases reported to Chief Chounda bet
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4 The role of Indigenous Knowledge
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enlarging the range of their choice
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this also served to promote food se
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development strategies in Africa sh
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countries seriously questioned why
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especting their realities and prior
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competing knowledge systems, charac
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impressive in transforming poor peo
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must be recognised if it is to be i
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implications for sustainable conser
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Pretty, J. N. (1994) Alternative sy
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Introduction The United Nations Edu
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Science educators have failed in th
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education in this historical era th
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esult may be disastrous. The HIV an
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affairs and ultimately the adoption
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esources, increasing green house ef
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years, and yet it is less than 100
Page 101 and 102: Fuchs, S. (2000) A social theory of
Page 103 and 104: 6 Re-examining the role of NGOs in
Page 105 and 106: that NGOs are involved in when tryi
Page 107 and 108: to see the causes of conflict as go
Page 109 and 110: which the oil is located are disgru
Page 111 and 112: communities putting into question t
Page 113 and 114: The controversies surrounding NGOs'
Page 115 and 116: conflict ridden African states, whe
Page 117 and 118: in resolving conflict and peace bui
Page 119 and 120: Recommendations To work effectively
Page 121 and 122: Juma, M.K. (2008) Conflict Preventi
Page 123 and 124: Introduction The Zimbabwean land re
Page 125 and 126: Government or private agencies. Thi
Page 127 and 128: credit facilities, new farmers in Z
Page 129 and 130: control 49 percent in any business
Page 131 and 132: implementation of investment progra
Page 133 and 134: the ice-berg. Disadvantaged areas m
Page 135 and 136: eventual agreement on the implement
Page 137 and 138: they are simply recipients of polic
Page 139 and 140: the government embarks on a nationw
Page 141 and 142: farm ownership in the country. The
Page 143 and 144: 8 Community-driven conflict resolut
Page 145 and 146: approximately 800,000 Rwandans and
Page 147 and 148: their mediation skills.” The cell
Page 149 and 150: well as centre-periphery thesis whi
Page 151: justice In the post-genocide era, t
Page 155 and 156: summarized and simplified versions
Page 157 and 158: In Rwanda for example, citizens cou
Page 159 and 160: Although the use of carrot and stic
Page 161 and 162: abunzi and the formal system beckon
Page 163 and 164: Kauzya, John-Mary. (2007) Political
Page 165 and 166: Conclusion All through the papers,
Page 167 and 168: About the editor Samuel Maruta is t
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