Friday, March 29, 2019
Conflict Resolution And Transformation
combat Resolution And Transformation mesh upshot and innovation atomic issue forth 18 issues which yield be progress very topical in debates and discussions on Zimbabwe. This is non only because Zimbabwe is char practisee ascensiond by many a(prenominal) contests, alone much more(prenominal) so due to the realization that in intimately characters the scraps pick up invalidating impacts the a nations socio-economic and political development. Thus run afoul gag law and quietness structure pass come alonges have become very essential in solving the b otherwise of dis be sickes in the country. This chapter intends to examine the brandroots struggle courage and cessation structure borderes in Zimbabwe with a focus on Tongogara district as case study. It will likewise claverk to explore the context, in which conventional leadhip operate, the processes that link them to the deal as rise up as how other scholars go out them in terms of their effectiven ess.Saunders (2000) defined literature review as a seek and evaluation of the available literature in a addicted subject or bea. Reviewing related literature helps the exploreer gain discernment on what other researchers have with with(p) and establishes existing gaps which the research try outs to ultimately fill. Punch (1998) considers the review of related literature as a researchers roadmap in the quest to convert tentative research problems to a detailed and compendious plan of action. Lincoln (2005) augments the aforementioned(prenominal) notion by suggesting that it is of impressiveness to be guided by related literature as this will furnish the researcher with requisite skills to evaluate sundry(a) viewpoints basing on the work that other researchers have done.The literature reviewed in this chapter seeks to analyse the role of tralatitious leading in contrast conversion, the concept of scrap fault, the common negates experienced at basic level and mor e importantly the approaches that be used by the handed- rase authorities in transforming conflicts. It further seeks to examine the theoretical and critical perspectives on the effectiveness of friendship processes that argon employed in conflict management and peace expression.2.1 Background to conflict theoryThe period from 1970 to the present, has witnessed a remarkable busy in studies in conflict management and conversion. This was propel by a keep down of fhistrions which embroil ideological changes in the global system, the independency of most African solid grounds and the rise of many civil wars in Africa and the rise of new actors in conflict solving paradigm. Interestingly however, most of the literature produced focuses mainly on the documentation of conflicts, their nature, and types of resolution that can be achieved neglecting the ambit of conflict prevention, resolution, conversion and management hence the get to research on the concrete bureaus t hat can help in the doing of sustainable peace curiously at grassroot level. Gaps have alike been notice in terms of the level at which conflict analysis is winning place as many scholars tend to place conflict resolution and displacement at the high level of plaque not considering that many causes of conflict ar deeply root in the grassroots and consider the grassroots level actors to act on them to achieve sustainable peace and development.Sandy (2004) places emphasis on the conditions that argon necessary for the alteration of conflicts. He argues that any attempt to articulate the nature of conflict and conflict resolution, mustiness finish those conditions, which atomic number 18 favourable for its emergence. He mentioned participation, engagement, freedom, justice and tender- burdened rights as pre requisites for the achievement of conflict switching. Sandy (2004) also mentioned the remove for partnership building and democratization as important strategies in conflict resolution and transformation .However Sandy does not unpack on how the democratization and community building can be used to achieve conflict transformation at the lowest level of g everyplacenance where there ar tralatitious leadership and councillors as key actors in governance. This therefore leaves out players kindred the grass root leaders and other influential people in the communities who argon also important in peace building. The Online Journal of Peace and engagement Resolution (2010) focuses on definitions of peace and conflict, demanding the variant kinds of peace that argon there and the pre-requisites for conflict transformation and peace , the mechanisms of achieving this peace is however practically overlooked. This therefore leaves a gap in terms of literature that explores practical moods of resolving conflicts and peace building,Rumel (2004) looks at alternative concepts of conflict resolution and the principles underlying those concepts. He me ntions peace, as being a state of sagaciousness, that is, if the mind is at rest, then it follows that there will be peace and guilt versa. Rumel (2004) views the human mind, as major contri scarceor to conflict as he points out that, for as long as one has unsatisfied desires he/she wont be at concurrence with the others. He brings out an important aspect in conflict transformation when he states that a human being needs to be satisfied with oneself and the solvent of any resolution exercise that maybe employed.Harris and Reilly (2005), emphasize the need to build a rugged grassroots background as critical in addressing deeply rooted conflicts. They emphasise on the importance of addressing the root causes of conflicts by the involvement of parties multiform in the conflicts. Their focus is however more inclined to ethnic conflicts and tribal conflicts, as they believe these conflicts ar more a result of identicalness than anything else. This work is important, as it looks slightly of the practical meanss in conflict resolution that are needed to achieve peace more so at grassroots level as most ethnic and tribal conflict are noticed at lower levels of administration like the districts and the small towns.Most of the literature on conflict turns a blind centerfield on the role of grassroots actors in conflict transformation as usually their focus is large scale level, this very much does not bring sustainability and progressive development, moreover this also leads to the extinction or decline in relevance of the grassroots approaches that are being used in the farming(prenominal) communities in developing countries.2.2 The concept of Conflict transformationConflict transformation is the term that has come into common usage over the long time from the first 1980s, as a concept and a process that encompasses various aspects of conflict prevention, peace building, realiseing local anaesthetic capacities for peace and transformational developme nt. Conflict transformation arose as an alternative to the dominant paradigms of conflict resolution. As advocated by Lederach (1995), conflict transformation was conceptualized to provide a comprehensive framework for addressing conflict throughout its phases, that is from the initial stages of indirect conflict, to full-scale direct conflict to lastly, its resolution. Conflict transformation seeks to address questions often neglected on conflict resolution structural violence, grow and pagan identicalness and the role individuals can play in lessen conflict intensity and duration (Miall et al 1999). However, conflict transformation has also been articulated as an extension of current practices incorporated in peace-building (Miall et al 1999). This distinction does not however, affect the radical goals and objectives of a transformational approach.A itemize of conflicts theorists like Lederach (1998) advocate for the pursuit of conflict transformation as contrasted to confl ict resolution and conflict management, this according to Lederach (2000) is because conflict transformation reflects a better understanding of the nature of conflict itself. Conflict resolution implies that conflict is bad hence something bad should be ended frankincense conflict can be resolved permanently though mediation and other intervention processes, conflict management on the other hand justly assumes that conflicts are long term processes that people can be enjoin or controlled as though they were physical objects (Lederach 2000). Furthermore Conflict transformation as put by Lederach does not suggest that we simply blow over or control conflicts but rather work with its dialectic nature, this takes into consciousness the fact that conflict is social and naturally earnd by humans who are affect in relationships, it changes (transforms) these events, people, relationships that created the initial conflict. The cause and effect relationships frankincense goes twain way s from the people and relationships to the conflict and then back to the people and the relationships (Vayrnen 1991), thus in this sense conflict transformation describes a natural occurrence.Conflict Transformation also involves transforming the way conflicts are verbalised, it may be expressed competitively, aggressively or violently or it may be expressed through nonviolent advocacy, coalition or attempted cooperation (Lederach 1998) .The Centre for Conflict Dynamics(CCD 2009) views conflict transformation as a process by which conflicts much(prenominal) as ethnic conflicts are transformed into peaceful payoffs , it is therefore a process of engaging with and transforming the relationship, interests, discourses and if necessary the very constitution of society that support the continuation of violent conflict. In support of this view by CCD (2009), The bet for Common Ground (SFCG 2010) sees conflict transformation as initiatives that are often characterised by long cartri dge clip horizons and interventions at multiple levels, aimed at changing perceptions and improving relationships and addressing the roots of the conflict including inequality and social justice.Conflict transformation theory recognises the need to transform the conflict at a number of levels. Vayrnen (1991) identifies five transformations that need to occur in order to have a positive shift in the conflict. These are context transformation, structural transformation, actor transformation, issue transformation and individual / group transformation. This approach to conflict transformation acknowledges the multi- ratioal nature of conflict.2.2.1 Principles of conflict transformationBurton 1996 identifies several principles to which he argues form the anchorperson of a conflict transformation process.Conflict should not be regarded as an isolated event that can be resolved or managed but as an integral part of societys on- freeing evolution and development.Conflicts should not be s ilent sorely as inherently negative and destructive occurrence but rather as a potentially positive and productive string of change if harnessed constructively.Conflict transformation goes beyond merely quest to contain and manage conflict, instead seeking to transform root causes of a particular conflict.Conflict transformation is a long term sluggish and complex process requiring sustained engagement and interaction.Conflict transformation is not just an approach and set of techniques but a way of persuasion closely and understanding conflict itself.Conflict transformation is particularly ring for intractable conflicts, with deep rooted issues.2.3 Background to Traditional Leadership in ZimbabweRanger (1996) poses that the institution of tralatitiousistic leadership has been around in Africa from time immemorial, traditional leaders are according to ranger the politicians of the pre-colonial age. At independence in 1980, chieftainship was retained as a symbol of tradition al values but the chiefs themselves were stripped of all their administrative and judicial functions. The chiefs and headsman even lost their tax collecting functions as well as some administrative customary functions. District Councils assumed the administrative functions previously performed by traditional rulers whilst community courts took over the judicial functions.Ncube (2011) posts that the failure by the new government to incorporate and co-opt traditional institutions into formal state institutions in the first decades of independence lies at the heart of the confusion surround local administration in the common areas after independence, this confusion was characterised by lack of clarity on the roles and functions between the Traditional institutions of Chiefs, Headman and hamlet Heads and the elected leadership of small town Development Committees (VIDCOs) and cover Development Committees WADCOs in land matters. This precipitated a crisis of communal leadership in the communal areas of Zimbabwe whereby the legitimacy of the traditional institutions began to be questioned .Ncube (2011) further states that the powers of the traditional leaders were becoming defunct in many areas of the country, some chiefs, headman and village heads required some of their defunct chest over land proceeded to clandestinely allocate land, this land allocation has become the common kickoff of conflicts in Zimbabwes awkward areas, thus the crisis of communal leadership sufficed itself in many land conflicts which occurred throughout the countryThe Zimbabwe governance system like in most African countries is characterised by co-existence of genetical chieftainship and a democratically elected leadership. Traditional leadership is progressive at all levels of governance in Zimbabwe from the national level to the village level. At the highest level of the institution is the Chief, at the middle of the hierarchy is the routine of the Headman and at the lowest tier which is village level is the resolution Head , These institutions are established by the Traditional Leaders crook which recognises the role of each office in community development and peace building. The institution of traditional leadership is also recognised by the constitution, distant local government that is created by statutes of Parliament. there are however hostile claims to legitimacy and uneasy co-existence between traditional and elected leadership. Traditional leadership and local government officials occasionally trade accusations of abuse of power, non-compliance with laws customs and traditions, especially regarding allocation and management of resources such as land which forms the prevalent source of most conflicts in communal areasThe Headman has functions similar to those of the Chief on a delegated basis but he is also the chair of Ward Assembly meetings. Since the crossroads Head chairs both the VIDCO and Village Assembly, the VIDCOs survive on the hard work of the Village Head and in a number of cases the VIDCOs no longer operational with all VIDCO functions being performed by the Village Head whilst in some cases VIDCOs are only seen to be operating when land disputes and resource conflicts emanate (Moyo, 2006)2.3.2 The rural Governance nucleusThe to a higher place diagram gives an explanation on the relationship in rural governance. The people form the core of governance and everything that is done at local level. The Africa Community Publishing and Development Trust (ACPDT 2010) explains that the license in the rural areas rise with rank from the ordinary citizen or resident of a local area until it reaches the level of the rural district council. Which form the overall leadership in terms of development policies in Zimbabwean rural areas? the powers of the village heads are less than that of the headman as given in the traditional leaders get along cap 29.17(111) section 11, whilst those of the Headman are more than those of the Village heads but less than those of the chief in terms of the same Act (section 6 and 8 Traditional Leaders Act).Matibenga (2010) Asserts that in conflict resolution, if a village head fails to solve a community conflict issue, they constitute it to the headman and if a headman fails again that same issue is referred to the Chief, the Chief is the highest traditional authority in rural areas. Ncube (2011) however argues on the same line but stating differently that these hierarchies in the rural areas are the primary causes of conflicts in rural Zimbabwe, this is because there are conflicts between these traditional leaders themselves in terms of responsibilities as one can easily see that the Chief has no limits over his jurisdiction in the discharge of traditional authority, The chief has the power according to the Traditional Leaders Act and the customary natural law and Local Courts Act to deal with issues even those that can be adjudicated by the lower authority of traditional leadership as such this causes dissatisfaction amongst the headman and village heads, as a result if the lower authority try to adjudicated the same type of conflicts in future, their authority is easily undermined and as such this reduces their relevance in dealing with traditional matters. This duplication of duties has been going on well for quite some time and has thus undermined the co-existence of these traditional leaders and as such reduced the impact of the grassroots approaches to conflict transformation by the traditional authorities.2.4 Aims of grassroots conflict resolution2.4.1 Empowering the communityKubasu (2008) observes that grassroots approaches to conflict resolution by traditional leaders seek to re-empower communities to make vital decisions and address the needs of their people as well as create an environment more conducive to lasting peace. This is because empowering the traditional leader is empowering the community as the community banks on its leadership for progress, sagaciousness and development.2.4.2 Restoration of Order and RelationshipsFrom a traditional point of view, conflict is sensed as an unwelcome disturbance of the relationships within the community. Hence traditional conflict transformation aims at the return of order and harmony of the community. Cooperation between conflict parties in the future has to be guaranteed. Traditional conflict management is thus geared towards the future (Mare. 2004). Consequently, the issue is not punishment of perpetrators for deeds done in the past, but restitution as a basis for satisfaction. expiation is necessary for the restoration of social harmony of the community in prevalent and of social relationships between conflict parties in particular. The aim as put by Kubasu (2008) is not to punish, an action which would be viewed as harming the group a second time. The ultimate aim of conflict transformation thus is the restoration of relationshipsAnother immediate objective of such conflict resolution is to purify the broken or damaged relationship, and rectify wrongs, and restore justice (Moyo 2009). This is to figure the full integration of parties into their societies again (Bob-Manuel 2006), and to adopt the mood of co-operation for progressive development.2.4.3 Transforming societiesformer(a) long term aims are based on building harmony in the community. It has been realised that tolerance is not maintained automatically, and should purposefully be aimed at and worked for. The Kpelle people of Liberia of West Africa are known for their ad hoc local meetings called moots or community palavers, where the conflicting parties arrive at mediated settlements through the use of experienced traditional leader (Bob-Manuel 2006). Bob-Manuel (2006) further tells that among the Ndendeuli of Tanzania, grasroot actors play brisk roles in conflict solving by suggesting an agreement and get as far as pressurising the parties into accepting it. Pressu rising can be done through talking or singing shaming and ridiculing. This special method can be used in contexts where it is acceptable and in instances where the cause of the dispute is self- evident.2.5 The importance of Grassroots actorsGrassroots actors are well positioned to address matters of community building, and indistinguishability formation. This is so due to a number of reasons as noted by Wilson (2001). Firstly, grassroots actors are positioned within the communities that they are working. These places them in close propinquity to each individual which builds trust, respect and confidence between those at one time involved in the conflict. Wilson (2001) points out that the Volunteer conflict transformation project in the rural provinces of Rwanda was widely accepted because grassroots actors were integrated into the local supplying processes which catered for developmental needs of the community.Traditional approaches focus on the psycho-social and spiritual dimensi on of violent conflicts and their transformation. This dimension tends to be underestimated by actors who are brought up and think in the context of western enlightenment (Dore 1995). Conflict transformation and peace-building is not only about negotiations, political solutions and cloth reconstruction, but also about reconciliation and mental and spiritual healing. Traditional approaches have a chance to offer in this regard. They do not only deal with material issues, reason and talk, but also with the spiritual world, feelings and non-verbal communication. Thus Dore (1995) further highlights that reconciliation as the basis for the restoration of communal harmony and relationships is at the heart of customary conflict resolution.When dealing with conflicts based in a trinity World or non-Western society, action or interference from external factors, such as International Non-Government Organisations, is often regarded as ethnicly insensitive or an act of Western imperialism ( Solomon and Mangqibisa 2000). This perception of outside interference affects the prospects of conflict transformation as external actors intervening in the conflict often have established methods of interaction that often disregard traditions of conflict resolution that are evident in conflict-ridden societies (Solomon and Mngqibisa 2000). Grassroots actors are however, often familiar with particularistic traditions of community-building. As these are more likely to be positively accredited by the people, traditional methods are more conducive to peace progression and enduring stability and cooperation within the society.Traditional approaches are holistic, comprising also social, economic, cultural and religious-spiritual dimensions. This is in accordance with the entirety of traditional lifestyles and world views in which the different spheres of societal life are hardly separated. (Kubasu 2008)The conflict parties can directly engage in negotiations on conflict termination and in the search for a solution, or a third party can be invited to mediate in any case the process is public, and the participation in the process and the approval of results is voluntary. It is carried out by social groups in the interest of social groups (extended families, clans, village communities, tribes, brotherhoods, etc.) individuals are perceived as members of a group, they are accountable to that group, and the group is accountable for (the deeds of) each of its members.Kubasu (2008) advances that grassroot action provides an invaluable contribution to the process and substance of conflict transformation. Through their position in the socio-political hierarchy, Traditional leaders are well placed to address issues of identity and may often initiate change in an environment broadly speaking un-conducive to larger scale attempts at conflict resolution. Whilst the activities engaged by grassroots actors is largely context specific, conflict transformation theorists and prac titioners can look to the triumph of different grassroots initiatives to build upon the current literature.2.5.1 Comparison between grassroots conflict transformation and Morden conflict resolutionTable 1(Adopted from Kubasu 2008)Traditional conflict resolution valuesMordenJudgement handed down by the traditional leader whose throne is hereditary and his assessors selected on their meritsJudgement handed down by judges whoseoffice is conferred on them through formalqualifications nonbelligerent resolution and recourse to justiceFrequent recourse to revenge and violence,without delay for justiceConcern to reconcile the parties inconflictJudgements are categorical. There is noconcern to bring together the parties to theconflict, nor for any later outcomeThe traditional leaders act out of a spiritof honesty, equity and fairnessThey offer their services voluntarilyBureaucratic and (at times) corrupt mindPaid workJustice by the people involving everyone(everyone can come to listen an d givean opinion)at the dares or village circlesJustice is the province of a particular groupof people (those with formal qualifications)Lengthy judicial processDisputes settled quickly or over a period of time(transformative) clean-living and social sanctionsPhysical punishment and material finesTorture and imprisonment(does not create social harmony)Divesting individuals of their functionsBeing discredited in others eyesBeing marginalized nonrecreational finesOnce the penalty has been paid, no furtherreference made to offences move2.5.2 Conflict Mapping and AnalysisProcesses of conflict resolution in Africa are characterised by three dimensions which include the nature of conflicts, conflict resolution mechanisms and the outcome of such mechanisms. In understanding the nature of conflicts, first there is need to identify types of conflicts (Maruta and Mpofu 2004). There have been different ways of identifying types of conflicts. One way is in terms of complexity. It has been obse rved that in Zimbabwe there are easy and complex types of conflicts (Alexander 1995). Most of the conflicts have been and continue to be complex. The second way is in terms of duration. In this context there are get around lived and protracted conflicts. Protracted conflicts are the most common in rural Zimbabwe these include conflicts of resources especially land and well as ethnic or tribal issues .In the Midlands and Matabeleland were protracted conflicts and civil wars that came after independence .The third way is in terms of violence. There are conflicts which are violent and those which are non-violent. Some people have characterised the non-violent conflicts as latent or unified conflicts (Fisher 2007). However, most conflicts which have been studied and which have drawn greater maintenance are violent conflicts which have involved bloodshed. Although most conflict resolution measures have been taken on violent conflicts, there have also been situations when conflict re solution measures have been made on latent conflicts. For simulation the latent conflict between traditional leaders and elected councillors in the Zibabgwe district of Kwekwe gave rise to a process of peace negotiations under the aegis of the Centre for Conflict Management and Transformation (Mpangala, 2000). The fourth way of identifying types of conflicts is in terms of the scale of the conflict. In this context conflicts in rural areas have been categorised as either resource or political conflicts, with a few tribal and household conflicts2.5.3 The effect of political involvementsometimes the role of traditional leaders as champions of conflict transformation and grievous governance is compromised by their involvement in politics, this motivates the people to challenge their legitimacy and the validity of their judgements, and as such this affects their leadership capabilities. The Newsday(2012) reported that the institution of the traditional leadership has come under spotl ight following the governments intention to add up greater powers on the traditional leaders , the argument here is that the age old concept of traditional leaders waiting mere custodians of cultural values and interceding with the ancestors has been turned head on as a persuasion government seeks to enhance their political expediency though influencing traditional leaders, Kubatana(2012) supports this by quoting President Mugabes speech when he said chiefs should no longer remain repositories of oral historyYou should be guardians of our national sovereignty and guard against those who make whoopie in associating with our detractors and those who work in cahoots with the powers that seek to mislead our people(Kubatana 2012)Mararike (2011) observes that although there is need to improve the role and operations of chiefs , greater caution should be taken to prevent abuse of any authority guaranteed , traditional leaders are unable to operate effectively because of the dualism of using the Roman Dutch Law as the basis of our legal system and the traditional system hence there could be serious problems unless the traditional system of government is clearly separated from the political party system whereby traditional leaders are separated in a non-partisan wayFew traditional leaders have legal remaining to despise Morden forms of justice their judgement and authority can be easily contested and overlooked, the Chief Negomo vs. the Prime minister Tsvangirai issue is one such example of a situation where traditional leaders are oblivion to address community issues but go on to fight the politicians, however they end up with their decisions overlooked and their legitimacy questioned, Mararike (2011) further argues that the current crop of traditional leaders have no capacity , he argues that young ,educated and professional men should be constitute as chiefs otherwise the current crop would need support round to dispense justice without biases among rural co mmunities.2.6 The Traditional Conflict Transformation approachesDuring the years of traditional leadership in Africa various conflicts caused by different issues attracted various approaches to their resolution. Most conflicts and their resolution methods at that time were predominantly local. Conflicts were between individuals, villages, communities or tribes who lived in the same or adjoining areas. Those who intervened were often local elders and /or tribal leaders. When kingdoms developed about the 17th and 18th century in southern Africa, stronger and wider authority came into power, but the traditional methods of instigating and resolving conflicts had gone through very small changes and are now gradually starting their process of decline.2.6.1 MediationMediation is defined as an attempt to settle a dispute through an active participation of a third party(Mediator) who kit and boodle to find points of agreement and make those in conflict agree on a fair result. The Harvard jo urnal of Conflict Studies (Nov 2008) defines mediation as an act of reconciliation that is trying to unite and reach an agreement between conflicting parties.The chiefs and headman are respected as trustworthy mediators all over Africa, because of their accumulated experience and wisdom as they are usually of an time-honored age. Their role as mediators would depend on traditions, circumstances and personalities, accordingly of their society. These roles include pressurising or manipulating conflicting parties to reach an agreement, making recommendations, giving assessment, conveying suggestions on behalf of a party. Behaviour used is facilitation, through clarifying information, promoting clear communication, interpretation standpoints, summarising discussions, emphasising relevant norms or rules, envisaging the situation if agreement is not reached, or reiterate of the agreement already attained. The mediators can also remain passive, as they are there to represent important s hared values. There is no mold model, so they are entitled to change their roles fr
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