By. Y. UMUHUZA MUGISHA, JadeTimes News
The Role of Harmony in the Resolution of Conflicts in African nations.
Harmony, within the context of developing nations, is both an end and a means for conflict resolution. Harmony refers not only to the peaceful resolution of a dispute but also to rebalancing society and sustaining communal relationships. This cultural emphasis on harmony runs deep into the practices and strategies of conflict resolution across these various cultures.
1. Harmony in Cultural Contexts
Harmony is perceived to be a precondition and a requirement for social cohesion and stability in most developing countries. Harmony-directed methods of dispute resolution restore relationships and seek a balance that works within the community, in contrast to individualistic approaches that seek legal or procedural outcomes. It is believed that individual disputes are a matter that affects the whole social fabric; therefore, resolving conflicts is considered a way of maintaining communal unity.
2. Traditional Approaches to Harmony
Traditional methods of conflict resolution in developing nations always couch in the concept of harmony. These include:
Community Mediation: Most African societies practice community mediation in which an elder or a person deserving of great respect acts as convener of communication between disputing parties. In doing so, the mediator seeks to restore peace by getting at the real issues and making sure all parties reach a mutually satisfactory solution. Basically, this approach places precedence on reconciliation and re-establishment of social bonds.
Restorative Justice Practices: The case of Rwanda represents restorative justice practices focused on healing and forgiveness through gacaca courts. Harmony is what is sought, attained through the involvement of community members in the processes of justice and thus opening up a collective way to heal and rebuild relationships torn apart by conflict.
Consensus Building: In parts of Asia, consensus-building practices are utilized in the resolution of disputes. This approach aims at the reaching of an agreement by way of discussions and negotiations that ensure the views of all those concerned are taken into consideration, and that the resolution mirrors collective values and interests.
3. Integrating Harmony with Formal Legal Systems
Bringing the principle of harmony into the formal legal system would raise the effectiveness and reception of conflict resolution processes. The hybrid process could be one that represents a balanced, culturally sensitive resolution mechanism between tradition-entrenched, harmony-oriented practices and their modern legal framework counterparts. Examples include:
Traditional Justice in Kenya: Such integration of traditional dispute resolution practices with formal legal processes has been done in Kenya to enhance accessibility and legitimacy. This would help preserve cultural values while resolutions are made to abide by national laws and human rights.
Philippines' Barangay System: In the Philippines, the system of barangay justice enforces an approach of dispute mediation through local leaders for the restoration of amity among those involved and the community. The barangay system thus supplements the formal judicial process with a culturally suitable process of dispute resolution.
4. Challenges and Considerations
Cultural Sensitivity: The processes of conflict resolution must respect and uphold cultural values. The practitioners should be sensitive to the local setting amidst customs and tradition, not imposing foreign values or approaches that are most likely to disrupt the community's harmony.
Inclusion and Fairness: The harmony-oriented traditional approaches are required to be checked for their inclusiveness and fairness. It ought to guarantee a place in the resolution process for the voice of the people from the marginalised section to be heard, and justice with equity be delivered.
Adaptability and Sustainability: Traditional practices emphasize harmony, but they must also be resilient to changing circumstances and the needs of society. Traditional approaches can, therefore, become more sustainable and effective by marriage with modern methods for that purpose, which would ensure that the present and future issues are going to be solved.
Harmony represents the very essence of conflict resolution in developing countries, underpinning a profound, deep-seated cultural commitment to social cohesion and relational equilibrium. Bearing that in mind, it would be most effective to integrate practices within developing nations focusing on harmony-based orientation with the relevant formal legal systems when solving conflicts. The mechanism could be optimally benefited from the emphasis on cultural sensitivity, inclusivity, and adaptability to ensure the resolution of conflicts for peaceful and just societies.
