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- Social Studies for ECLPE Y2 SB File Uploaded 2/11/21, 14:01
UNIT 10 PREVENTION AND RESOLUTION OF CONFLICTS
PREVENTION AND RESOLUTION OFCONFLICTS
Key Unit competence: The student-teacher should be able to analyze
the national, international judicial systems and
instruments, how the justice has been delayed
and denied in Rwandan society, preventing and
resolving conflicts and violence at the national aswell as international levels.
Conflict is a reality of social life and exists at all levels of society. Conflicts have
all the time existed. They are in different categories, they have different causes
and therefore, there are no conflicts that are entirely similar. Different scholars
tried to find causes of conflict:
-- According to Nicholas Machiavelli, conflict was a result of the human
desire for self-preservation and power.
-- For Hobbes, the three ‘principal causes of quarrel’ in a state were
competition for gain, fear of insecurity, and defense of honour.
-- For Hume, the underlying conditions for human conflict were relative
scarcity of resources and limited altruism.
-- For Rousseau, the “state of war” was born from “the social state” itself.
Generally, a conflict exists when there is an interaction between two or more
individuals, groups or organizations where at least one side sees their thinking,
ideas, perceptions, feelings or will contradicting with that of the other side and
feels that they cannot get what they want because of the other side.
There are four main causes of conflict:
• Structural factors: such as weak states, security concern and ethnic
geography;
• Political factors like discriminatory political institutions, exclusionary
national ideologies, intergroup and elite politics;
• Economic factors, for example widespread economic problem,
discriminatory economic system, poverty, unequal access to national
resources and modernization;
• Cultural factors like cultural discrimination, problematic group
histories, emerging dehumanizing ideologies, etc.
The escalating or “going up” factors are what contribute towards turning a
conflict into something negative or destructive. The de-escalating or “going
down” factors are the factors that help to channel the conflict energy into
something positive and constructive. The way conflicts are seen can determine
how to deal with them. The figure below shows the process of conflict escalationand de-escalation.
Conflict and violence are linked but are not identical. Violence is very often an
expression of conflict, a way of carrying out conflicts.
10.1.1 Role of the state in prevention and conflict resolution
The state is the only legitimate user of physical violence in a society. Thus, it is
almost by definition involved whenever there is an armed conflict in society.
All these roles make the state an actor in conflict as well as an object of conflict.
This causes a dilemma.
The dilemma of state in prevention and conflict resolution can be summarized
as follows:
-- If the state is powerful (totalitarian system), it creates counteraction,
fear among the population and pay high cost of the repression in case of
resistance; if it is weak it can be dismissed.
-- There are many forces which can compete against the state. These forces
include the companies interested in the extraction of minerals, the
religious groups wanting to institute their own order; the political groups
ethnically oriented searching for control of the power. A weak state can
create intrastate wars, and a strong state may do the same. Both may also
lead to regional/international repercussions.
-- To find the ‘ideal’ state for lasting peace is not easy. Liberal democracy has
been identified as an appropriate model, but it may not be applicable in
every context and be sufficient to handle all the world’s conflicts.
-- International conflicts can be handled by the international institutions
(such as the UN, the International Court of justice and regional
organizations), while internal conflicts may be treated as “home affairs”.
However, internal affairs can be submitted to the international communityif the legitimate, the government, ask for such an intervention. This is a
basic principle of the UN Charter and was seen as an untouchable principle
during the Cold War.
To prevent conflict, therefore:
-- The state should set up the mechanisms, institutions and policies aiming
at fighting the violence and preventing the conflicts basing on the respect
of the human rights.
-- The state has also obligation of passing the rules and laws which limit the
occasion of violence, outbreak of the conflicts and determine the pacific
ways of conflict resolutions.
-- The state, through its organs, must enforce the rules, regulations and the
laws. This is basic principle for preventing the conflicts.
10.1.2 Role of international community in prevention and
resolution of the conflict
The United Nations Organization (UN) has a broad mandate for the prevention
of violent conflict under Article 1 of the UN Charter. It has a wide array of
departments and agencies that have been working to very good effect to
mitigate the sources of conflict and stop the immediate causes of violence. For
instance, the UN is often best placed to undertake preventive initiatives. Such
initiatives include preventive diplomacy, preventive disarmament, preventive
peacekeeping, post-conflict peace building, capacity building and technical
support, and activities promoting human rights and good governance.
The most visible manifestations of the UN Secretary-General’s “good offices”
efforts, Special Envoys, are deployed to help resolve a wide variety of disputes,
from territorial questions to constitutional and electoral crises to peace talks.
Special Envoys may have different mandates: country-specific (e.g. Syria,
Yemen), regional (e.g. Sahel, Great Lakes), or thematic (e.g. prevention of
genocide) mandates.
The UN special political commissions, headed by senior representatives of the
Secretary-General, provide a tool for intensive and sustained preventive efforts
across a range of disciplines such as electoral support, women’s empowerment
and human rights.
They support complex political transitions and help sustain peace in
coordination with national and UN development and humanitarian entities
and other actors such as regional organizations and international financial
institutions.
The UN Peacekeeping missions bring military and police capacities to bear,
integrating them with civilian peacekeepers to advance multidimensional
mandates. Peacekeepers provide security and political and peace building
support to help countries make the difficult, early transition from conflict to
peace, helping to prevent relapse and to secure longer term stability, workingin partnership with many other actors.
Source: https://www.forbes.com/sites/realspin/2017/04/20/after-the-rwandan-genocide-theun-
promised-never-again-now-its-time-for-them-to-take-action-against-isis/#599d5e344142
UN regional offices serve as forward platforms for preventive diplomacy. Their
networks and proximity to the countries in their region help to defuse tensions
and support national actors, UN Country Teams, and regional organizations to
address crises. Regional offices are also well placed to address cross-boundary
issues such as transnational organized crime and water sharing.
The UN works closely with regional partners – either in a leading or supporting
role – to prevent conflict and maintain international peace and security.
Partnerships with regional organizations such as the African Union (AU), the
European Union (EU) or the Organization of American States (OAS), and subregional
organizations like the Association of Southeast Asian Nations (ASEAN)
or the Economic Community of West African States (ECOWAS), play important
roles in early warning, engaging national networks and coordinating regional
responses.
10.1.3 Roles of regional organizations
Regional and sub-regional organizations are uniquely placed to affect several
factors that are crucial in the prevention of violent conflict. Such organizations
can facilitate and help move forward the efforts of the UN system throughout its
engagement in a given conflict or potential conflict.
Regional and sub-regional organizations are well placed to act because first,
members of regional and sub-regional organizations may be more willing to
allow these organizations, rather than the UN, to engage in preventive action.
The actions of regional and sub-regional organizations are likely to be more
discreet than those undertaken by the various bodies of the UN, particularly at
the early stages of potential conflict.
Moreover, regional and sub-regional organizations may be better placed to
act because they are familiar with the actors involved in the dispute and the
situation on the ground.
In addition, although their interests are not always benign, neighbors frequently
have a greater interest in preventing conflicts that could potentially escalate to
the regional level.
The regional and sub-regional organizations have an important role to play in
developing a regional “culture of conflict prevention” through the promotion of
democracy, human rights and sustainable development.
Lastly, they can and have been quite successful at longer-term and sustained
conflict prevention efforts involving capacity building and technical assistance.
In the past few years, this has begun to include election monitoring and broader
democratization assistance in several regions.
10.1.4 Role of Non – Governmental Organizations on prevention
and conflict resolution
In prevention and conflict resolution, the local and non-governmental
organizations could play the following role:
-- Addressing structural violence & promoting human security - through
development, human rights monitoring & promotion, preventing
environmental degradation...
-- Making governments & state structures more responsive - through
participation in political processes, policy dialogue, monitoring, advocacy
campaigns, protests...
-- Alleviating social tensions and conflict - through challenging xenophobia
and discrimination, facilitating dialogue, promoting tolerance and aculture of peace...
-- Developing options and strategies for response - formulating
recommendations, engaging in policy dialogue, problem-solving
workshops
-- Mobilizing political will for response - lobbying and campaigning,
sensitizing domestic audiences
-- Developing & strengthening ‘constituencies for peace’ and public
awareness work, facilitating social dialogue, public protests...
-- Providing the humanitarian relief & support to war-affected communities;
which reduce tension to the revengeful war.
-- Strengthening capacities to mediate conflict and manage differences
- through conflict resolution training, mediation services, education,
promoting rule of law.
-- Creating a ‘pragmatic peace’ at the local level, strengthening local
community organizations’ capacities for conflict transformation &peace
building through public dialogue.
-- Developing a negotiation agenda and vision for the future that addresses
the causes and consequences of conflict.
-- Participating in the political negotiations and Facilitating / mediatingpolitical negotiations process.
Dealing with conflicts is called differently: “conflict management,” “conflict
resolution”, “conflict transformation”, “conflict mediation”, “consensus building”,
etc. Most of the theorists and practionners prefer to use “conflict resolution”. The
possible outcomes can be win-lose (one wins, the other loses), or compromise
(parties settle their difference or win-win). However, the common outcome in
violent conflicts is that both parties lose.
Because conflicts are an integral part of human interaction, one should learn
to manage them in order to prevent escalation and destruction. Throughout
history, individuals and groups used a variety of ways to resolve their disputes
or conflicts, trying to reach a resolution acceptable to all parties.
10.2.1. Conflict analysis
In dealing with conflicts, it is necessary to have a better understanding of the
dynamics, relationships and issues of the situation. A detailed analysis of the
conflict from a variety of perspectives must be carried out by exploring the
specific issues and problems that relate to it. This practical process is what
is called “conflict analysis”. It helps to plan and carry out better actions and
strategies by facilitating to:
-- Understand the background and history of the current events;
-- identify all the relevant groups involved;
-- Understand the perspectives of all these groups and to know more about
how they relate to each other;
-- identify factors and trends that underpin conflicts; learn from failures as
well as successes.
The whole dynamic conflict analysis is to be able to move from an attitude of “I
don’t know what the real cause of the conflict is!” to “Now I know why we have this
conflict!”. It is therefore important for the person or group analyzing a situation
to gather data about the positions, values, issues, interests and needs of each
party in conflict.
-- Positions are what the person says and demands. They contain an
understanding of the situation, the outcome of the conflict and the role
that the conflicting party plays in it. Very often they contain a value as a
justification or legitimization. Positions are formal, official and very often
public.
-- Values are basic principles which are held to be very important and may
be used to justify positions. They can be cultural norms, laws, ethics, etc.
-- Issues are what the parties claim the conflict is about. They are specific and
concrete. Very often factual problems are less important than relationship
problems, though conflicts are usually framed in factual terms.
-- Conflicting parties are motivated by their own interests. They may be
expressed but often they are hidden. Frequently, an actor may have several
interests in a conflict. As interests are not essential human needs, they are
negotiable and their relative importance may change with time.
-- Needs are the fundamental, essential requirements for human survival.
They relate to security, identity, community and vitality of human life.
They are not negotiable, but they may be satisfied in different ways. Theyare usually unstated or disguised.
Figure 2: Conflict analysis
Conflicts change over time, passing through different stages of activity, intensity,
tension and violence. It is helpful to recognize and analyze each stage.
10.2.2. Using timelines
It is a list of data (years, months, days, location, and actors) which depicts events
in a chronological order. It shows a succession of events and gives examples in
the history of the country. People of opposing sides may have different histories,
emphasize different events, describe them differently, and attach contrasting
emotions to them.
The aim of using timelines in this way is to try to arrive at a ‘correct’ or ‘objective’
history of the conflict and to understand the perceptions of the people involved.
The timeline is also a way for people to learn about each other’s history and
perceptions of the situation. The aim to reach is the point where the parties in
a conflict can accept that others may have valid perceptions, even if these areopposed to their own.
Mapping is a technique used to represent a conflict graphically, placing the
parties in relation both to the problem and to each other. When people with
different viewpoints map their situation together, they learn about each other’s
experiences and perceptions.
10.2.4. Conflict tree
In many conflicts, there is a range of opinions concerning questions such as:
-- What is the core problem?
-- What are the root causes?
-- What are the effects that have resulted from this problem?
-- What is the most important issue for our group to address?
This is called “conflict tree”. It offers a method for a team, organization, group
or community to identify the issues that each of them sees as important and
then sort these into three categories: Core problem(s), causes and effects. This
tool offers also a way of identifying positive and negative forces and to assesstheir strengths and weaknesses.
10.2.5. Negotiation
Negotiation is a process in which parties to a conflict discuss directly possible
outcomes. Parties exchange proposals and demands, make arguments, and
continue the discussion until a solution is reached, or an impasse declared. The
goal of negotiation is to reach an agreement that is acceptable to all parties, to
which they remain committed, and which they indeed implement.
Negotiations are based on the following basic principles:
-- Separate the people from the problem: The participants in a negotiation
have with different perceptions, beliefs, viewpoints and emotions. In
negotiation the “people side” must be treated separately from the factual
issues. Ideally, participants should also see themselves working side by
side attacking the problem, not each other.
-- Focus on interests, not positions: The object of negotiation is to satisfy
underlying needs and interests. To take and hold on a position will not
lead to agreements that take care of human needs. Thus the focus should
be on interests.
-- Invent options for mutual gain: In negotiation, partners must take time
to look for a wide range of possible solutions before trying to come to
an agreement. If there are many options, there is more chance of finding
solutions which advance shared interests and reconcile differences.
-- Use objective criteria: Agreement must reflect some fair standards.
These standards are not subjective criteria of one participant; rather theyshould be shared by all participants and objectively verifiable.
-- Finally, active listening is the most important and difficult skill needed
for negotiator or mediator to succeed in the negotiation process.
On international level, negotiation in order to resolve conflicts has become a
common and frequent practice. Many ways are available to deal with conflict.
In most cases, conflicts are resolved through efforts of trained government
representatives or diplomats. This is an old tradition by which ambassadors were
personal representatives of one sovereign to the court of another. In modern
times, electronic communication has supplanted the individual diplomat when
it comes to the establishment of important international agreements, but the
role of person-to-person contact, even at the highest levels, remains important.
The process of conflict resolution is like a debate.
10.2.6. Mediation
Mediation is a process that employs a neutral/impartial person or persons to
facilitate negotiation between the parties to a conflict in an effort to reach a
mutually accepted resolution. It is a process close to negotiation.
The mediator’s role is to help the parties think in new and innovative ways and
to avoid rigid positions instead of looking after their interests. In general, the
mediator not only facilitates but also designs the process and helps the parties
to get to the root of their conflict, to understand their interests, and reach a
resolution agreed by all concerned parties. He/she uses tools such as active
listening, open-ended questions, and his/her analytical skills.
The mediator may decide to stop the process for ethical or other reasons,
and the parties may decide that they are not satisfied with the process. The
agreement, which is reached between the parties is voluntary, the parties own
it and are responsible for implementing it. The agreement is validated and
ratified by the courts.
Mediation has a special advantage when the parties have ongoing relations that
must continue after the conflict is managed. Since the agreement is by consent,
none of the parties should feel they are the losers. Mediation is therefore useful
in family relations, disputes between neighbors, in labor relations, between
business partners, and political parties. It creates a foundation for resumingthe relation after the conflict has been resolved.
Source: RCN Justice & Démocratie http://www.rwandapedia.rw/sites/default/files/
Mediation%20Session%20in%20 Nyamugari%20Sector%20in%20the%20Kirehe%20
Solving conflicts completely is impossible, as conflict is part of the daily life.
What is needed to achieve a lasting peace is to prevent escalation so that it does
not become crisis with killings of human beings and destruction of social and
material structures.
Practitioners say that peace begins within each individual and then spread
out. The question is that not everyone is ready to engage in that process unless
there is awareness action with that aim. This can be initiated by the state, the
international institutions or civil society organizations.
Lack of conflict mechanism and programs in local community can hinder the
prevention and resolution of conflict in the community. Not all countries or
communities have such experience. Rwanda is among the countries who have
elaborated such kind of programs because of its particular tragic experience.
Key challenges to conflict prevention remain in international affairs. Many
states in the South are concerned that conflict resolution can be abused as a
pretext for the big powers to violate the sovereignty of the weak. These concerns
have been somewhat verified in the past couple of years. It is the case of recent
operations in Libya.
Concerns about violations of sovereignty persist, as do suspicions about
the underlying motivations behind the use of military power for ostensibly
humanitarian purposes, and perceptions that, even when well-intentioned,
the application of force can potentially have troubling and unpredictable
consequences.
Lack of international community ownership regarding some crises: the actions
of the United Nations are limited with insufficient humanitarian activities
and in some cases (like in Darfur crisis), the international community’s will is
oriented by the big powers such as the USA and China. To some extent, China
was mandated to play a more role to end the conflict in Darfur. Therefore, the
conflict became insignificant to the UN which delays the action to be taken in
order to stop it.
Unwillingness of the UN to develop a conflict resolution mechanism capable of
managing crisis also is another challenge in process of conflict resolution. This
unwillingness is a result of the misperception of the existence of glob threats
by states and non-states actors. Such willingness can be also resulted from
the division within international community based on different interests eachmember state can find in conflict.
In case of intra-state conflict, some states are not able to address the menace
of the proliferation of small arms and light weapons in polity with functional
policies. This enables different groups to get armed and able to challenge the
national security. As a result, the government is seen as a weak and failed state.
Even the civil society is not able to act in order to prevent the conflict.
Some states also failure to tackle the immediate and root causes of conflict
holistically. After many years of neglect, the government can fail to really solve
many cases of injustice, poverty, unemployment and issues of resource control.
In addition, the state failure to address early warning signs and early response
systems can greatly affect the conflict prevention and resolution.
10.4. Solutions to the challenges encountered during the
prevention and resolution of conflicts and violence
Conflict prevention and resolution involve long-term political processes, with
periods of slow to no progress punctuated by shifts in positions, circumstances
or contexts. While some types of conflicts can be sorted into broader categories
due to certain common features, each conflict has to be seen in its particular
environment.
To be effective, conflict resolution tools should integrate state and non-state
actors through multi-track approaches at the local, national, and regional
levels. Local civil society or ganizations may have a better understanding of
local context and can play a significant role in supporting national conflict
resolution and reconciliation processes at the local level.
Mediation is a specialized activity, which requires specific training, expertise
and knowhow. Consequently, any third-party actor engaging in mediation
efforts should be equipped with a solid understanding of how mediation and
conflict resolution work.
Sustainable peace building contributes to the process of conflict resolution.
Consequently, national and international efforts have to focus on meeting the
most immediate needs of people.
Another key objective is the restoration of state legitimacy and effectiveness,
as peace building usually starts after a partial or complete breakdown of the
political and social order, for instance due to an armed conflict or other formsof protracted violence.
The establishment and promotion of prevention and conflict resolution
must include national peace commissions, national and local institutions for
mediation and dispute settlement, national and local early warning networks,
local peace committees, truth and reconciliation commissions as well as
community-based conflict prevention initiatives.
Early warning and early response systems must be considered on time so that
they can be especially important contributions to end the conflict status within
a society or between different nations.
The key building blocks for reconciliation include trust, justice and reparation.
They should be applied in support of conflict resolution and peace building,
reconciliation activities are inherently about learning how to remember andchange rather than to forgive and forget.
