By. Y. UMUHUZA MUGISHA, JadeTimes News
Culture-Based Conflict Resolution in Developing Countries
In most developing countries, execution of conflict resolution often requires cultural understanding and adaptation. Culture is such a strong influence on the way conflicts are perceived and managed that understanding those cultural dimensions could mean more effective and sustainable resolutions. Traditional and indigenous methods of conflict resolution often go hand in hand with the formal legal systems in most developing nations, thus making the landscape quite unique when addressing disputes.
1. Cultural Context and Perception of Conflict
Cultural norms and values in respect of conflict in developing nations are very important. Most often, such conflicts are viewed in terms of respect for community relationships, social hierarchies, and traditional practices. For example, most African and Asian cultures do not view conflict as affecting an individual but as affecting the community or family as a whole. This communal dimension then puts a premium on the restoration of harmony and social cohesion and not just on redressing individual grievance.
2. Traditional Methods of Conflict Resolution
Traditional methods of conflict resolution have deep roots in the cultural ethos of the majority of developing countries. Traditional techniques of conflict resolution are generally based on community leaders, elders, or traditional dispute resolution practitioners who possess deep knowledge about the local customs and practices. For example:
In Africa, mechanisms of traditional dispute resolution are applied in, for instance, gacaca courts in Rwanda and village council in Nigeria. They are all about some elements of community involvement and focused on the re-establishment of harmony, identification of the reasons for the conflict, and the implication of all persons affected in the process of resolving the same.
In Asia, these may vary from mediation by community elders to family group conferences, utilized in countries like India and the Philippines. These are processes focusing on reparation, mutual understanding, and incorporation of traditional cultural rituals and practices to initiate dialogue and reach consensus.
3. Integration with Formal Legal Systems
In many developing countries, there is growing interest in integrating indigenous processes of conflict resolution with the formal legal system. The Hybrid model aims at respecting the cultural practices while at the same time ensuring that the resolutions do not contradict any of the national laws and the universally accepted human rights. For example, countries like Kenya and South Africa have been involved in projects intending to integrate traditional dispute resolution mechanisms into the formal judicial process so as to make it more accessible and legitimate.
4. Challenges and Opportunities
The greatest challenge, however, will be to ensure that culturally sensitive ways of approaching these potential conflicting approaches are dealt with without ending up importing foreign values or practices. This will require a deep understanding of local customs, traditions, and power dynamics. Close working relations are therefore called for among the practitioners, the policymakers, and the local communities in designing and implementing conflict resolution strategies that coincide with the cultural values and social structures.
Inclusivity and Equality: Traditional processes at times further enhance existing inequalities, especially in regard to gender or other minority groups. The process has to involve the zeal of hearing all voices and making sure that the resolutions reached do not lead to increased discriminatory practices against certain groups in society. This involves the active inclusion of minorities in the process of conflict resolution and ensuring respect for their rights and perspectives.
Sustainability and Effectiveness: While many of the traditional approaches prove to be quite effective in conflict resolution, therefore promising a path to social cohesion, very few are really reaching the roots of the problems or are diverse enough to accommodate change. Effectiveness and sustainability can be boosted by integrating the practice into modern ways of conflict resolution. This will lead to flexibility, innovation, and respect for cultural heritage.
5. Examples and Case Studies
There are several examples that give evidence of the effectiveness of a culturally embedded approach to conflict resolution:
- Gacaca Courts of Rwanda: In Rwanda, soon after the 1994 genocide against the Tutsi, these gacaca courts—a traditional, community-based approach—were applied to the huge case backlog. It allowed for community participation and helped in reconciliation and justice, along with the settling of disputes between survivors and perpetrators.
Barangay Justice System of the Philippines: The Philippines employs the use of village heads and other community-based processes of conflict resolution as an instrument to conflict resolution at the grassroots level. This is complimentary to formal processes of law enforcement and, in effect, provides access to an appropriate and relevant culture-based mechanism of dispute resolution.
Resolution of culture-based conflicts in developing nations is a highly dynamic and complex process that needs to be understood as being rooted in deeply held traditions, values, and social structures at the local level. Traditional practices can be adapted by developing nations and merged with modern approaches for developing relevant mechanisms of conflict resolution. They would be more effective if they had cultural sensitivity, inclusiveness, and sustainability embedded into their workings toward more harmonious and more equitable societies.
