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Conflict Management In Africa: The Role Of The Civic Society
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The last level of conflict is supranational conflicts. These are
conflicts that involves states or in which one of the parties is a
state. There are three common types of supranational conflicts, they
include conflict involving maritime boundaries, dispute involving land
and investor-state conflict also known as investment treaty dispute.
In
resolving supranational conflict, it is important to bear in mind that
unlike other conflicts, it is likely to arise out of a treaty. For
example a maritime delimitation disputes may be govern by the 1982 Law
of the Sea Convention (UNCLOS III) or an investor-state dispute which is
guided by the international settlement of the investment dispute
convention. The court is also to apply international conventions,
international customs and the general principles of laws recognized by
the nations or parties in question.
Regardless of the level of
conflict, there are different approaches to deal with the
incompabilities that exist between the parties. If conflicts are managed
creatively, solutions that are mutually satisfactory to both parties
are attainable. It may involve a new distribution of resources or forms
of influence than before. Creative outcome are more probable when the
parties are inter-dependent, that is each having some degree of
independence or autonomy from which to influence one another, rather
than one party being primarily dependent on the other.12 Given
inter-dependence, three general strategies have been identified that one
parties make take towards dealing with their conflict. These include
win-lose, lose-lose, and win-win.
The win-lose approach is a strategy
that forced the other side to capitulate. Sometimes, this is done
through socially acceptable mechanisms such as majority vote, the
authority of the leader, or the determination of a judge. Sometimes, it
involves secret strategies, threat, innuendo – whatever works is
acceptable that is Mechanuallian principle in which the end justify the
means. The value outcome is to have a victor who is superior and
vanquished who withdraw in shame.
The lose-lose strategy is
exemplified by smoothing over conflict or by reaching the simplest of
compromises. In neither case is the creative potential of productive
resolution realized or explored. This is base on the notion that
disagreement is inevitable and thus is the better to split the
differences or smooth over difficulties in a painless a way as possible.
Each party gets some of what it want.
The win-win approach is a
conscious and systematic attempt to maximize the goals of both parties
through collaborative problem solving. The conflict is seen as a problem
to be solved rather that war to be won. This method focus on one
problem from the perspective of both parties and the needs as well as
constraints of both parities rather short term accommodations.
Communication is open and direct rather than selective and calculating.
Attitudes and behaviours are directed toward an increase of trust and
acceptance rather than an escalation or suspicion and hostilities.
There are two methods of conflict resolution – the authoritative and the alternative methods.
The
first approach under the authoritative methods of conflict resolution
is the use of power. The stronger side promotes its interest by force
regardless of interests of the other parties. There is another case of
use of power in conflict resolution. In this case, some issues are won
by one side while other issues are won by one other sides, both parties
make no agreement but push through their interest forcefully regardless
of interest of each other.
Decision made by authority is another
strategic under the authoritative methods of conflict resolution. In
this system, an authority interferes in a conflict and makes a decision
based on his judgement of what is the best solution for the conflicting
parties.16 In many cases such solution also satisfy the interest of that
authority. This is different from arbitrage. The role of the arbiter is
to work as an independent third party, who hear both conflicting sides,
finds legally correct solution based on valid legislation and then
communicate such decisions to the disputants.17 Lastly under the
authoritative methods of conflict resolution is the decision of a court.
Under this, a judge or jury decide a solution to a conflict based on
evidence supplied by attorneys representing both conflicting sides of
the issue. The judge or jury then interpret the law and use it as a
basis for their decision which both parities will be forced to respect,
the jury is composed of either laymen or professional judges.
First,
under the alternative methods of conflict resolution is facilitation.18
In this process, a facilitator works as an impartial third party person
who helps two conflicting parties direct their discussion in order to
reach an agreement satisfactory to both side according to previously
agreed rules. The Latin world facilatare means to ease. Therefore, the
role of a facilitator is to provide both side with such methods and
guidelines for discussion which will ease their communication. In
mediation, the mediator is a third party and primarily a facilitator who
seeks to established or restore communication between feuding parties.
The mediator strives to bring the parties face to face to negotiate and
this constitutes a vital objective of his endeavous, the mediator must
have good influence, credibility and good standing with the parties.
Above all, he must have good diplomatic skill.
Another method of
conflict resolution is conciliation which is similar to mediation except
for the legal distinction that the third party is a commission or an
international body whose aid has been sought in finding a solution
satisfactory to the disputants.
Arbitration is a step further tan a
fact finding mission since it involves the practical examination of the
issues involved in a crisis and the decision is binding on the parties.
Often a tribunal is set up to examine the issues and make recommendation
to a superior body.
Adjudication or judicial settlement is a process
of submitting to an international covert for decision. Unlike
arbitration, the covert is subjected to no preliminary litigations upon
its procedures, evidence to be considered or legal principles to be
applied except those stated at the statute by which it was created.
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