Home / Current Issue / Paper 1705737
Theoretical and Exploratory Analysis of Indigenous Conflict Resolution Approaches in Selected African Societies
Subject area: Arts, Social Sciences and Humanities · Area of research: Peace and Conflict
Abstract
The need for a hybrid justice system that incorporates the modern and indigenous justice systems to enhance cost-effective and efficient adjudication processes underscores the need to explore the theoretical and exploratory analysis of indigenous conflict resolution approaches in selected African societies. In lieu, the study relied on the desk review method to infer indigenous conflict resolution approaches vis-?-vis modern jurisprudence to find that despite the growing backlash of the traditional justice system in contemporary times, the potency of the traditional justice system engrossed in the norms and traditions is never in doubt. Indigenous conflict resolution approaches are reconciliatory and non-punitive, unlike the zero-sum game Western litigation system. It is cost effective and time efficient with merry-making in the adjudication processes to restore broken relationships. Despite these advantages, there are drawbacks of gross human rights violations and the violation of the principle of double jeopardy within the traditional justice system. On this premise, the study relied on the framework of conflict transformation advanced by Lederach that stressed the need for conflict resolution by addressing the underlying issues from different perspectives to recommend synergy between the modern and indigenous conflict resolution systems as evident in the Gacaca Court and Abunzi framework in Rwanda that enhanced peace in the post-Rwanda genocide of 1994.
Keywords
African Societies, Conflict Transformation Theory, Indigenous Conflict Resolution Approaches, Peacebuilding
How to cite this paper
@article{1705737,
author = {Emeka Camillus Nwadike},
title = {Theoretical and Exploratory Analysis of Indigenous Conflict Resolution Approaches in Selected African Societies},
journal = {Iconic Research And Engineering Journals},
year = {2024},
volume = {7},
number = {10},
pages = {327-338},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1705737.pdf},
abstract = {The need for a hybrid justice system that incorporates the modern and indigenous justice systems to enhance cost-effective and efficient adjudication processes underscores the need to explore the theoretical and exploratory analysis of indigenous conflict resolution approaches in selected African societies. In lieu, the study relied on the desk review method to infer indigenous conflict resolution approaches vis-?-vis modern jurisprudence to find that despite the growing backlash of the traditional justice system in contemporary times, the potency of the traditional justice system engrossed in the norms and traditions is never in doubt. Indigenous conflict resolution approaches are reconciliatory and non-punitive, unlike the zero-sum game Western litigation system. It is cost effective and time efficient with merry-making in the adjudication processes to restore broken relationships. Despite these advantages, there are drawbacks of gross human rights violations and the violation of the principle of double jeopardy within the traditional justice system. On this premise, the study relied on the framework of conflict transformation advanced by Lederach that stressed the need for conflict resolution by addressing the underlying issues from different perspectives to recommend synergy between the modern and indigenous conflict resolution systems as evident in the Gacaca Court and Abunzi framework in Rwanda that enhanced peace in the post-Rwanda genocide of 1994.},
keywords = {African Societies, Conflict Transformation Theory, Indigenous Conflict Resolution Approaches, Peacebuilding},
month = {April},
}