Structuring successful ADR mechanisms to contribute towards state-building (focus on the African continent)

By Eden Chua

As Professor Ernest Uwazie- Professor of Criminal Justice and Executive Director at the Centre for African Peace & Conflict Resolution at California State University, Sacramento- notes, “(ADR techniques) may have particular value in stabilisation and statebuilding efforts when judicial institutions are weak and social tensions are high.”[1] Noting the value of ADR, it is then essential to explore the mechanisms behind ensuring a successful ADR process, specifically in cases involving state-building on the African Continent. For clarity, the specific type of ADR that will be explored is mediation. The following will focus on outlining common issues surrounding the role of the mediator and the issue at hand to be mediated, as well as providing possible solutions.  The overall aim of this article is to provide greater clarity as to how mediation can be structured, in order to further strengthen its success on the African continent.

The Mediator

Local mediators are usually valued for their knowledge and contacts in the society whereby the dispute takes place. For instance, during the mediation to end Sudan’s first civil war in the early 1970s, head of the Sudanese government delegation Mohammed Omer Beshir reflected that the presence of African diplomats “instilled the feeling in the delegates that the [peace] conference should never be allowed to fail. They advocated the need to unite, to...conciliate religious differences”[2] However, it is important to note too that local mediators may be viewed as biased[3]. The key is then ensuring that mediators, while being local, are also accepted as credible facilitators in the process by all parties involved.

Besides, the mediator should also be provided with technical support and assistance from regional and/or international organisations. During the Arusha Peace Process for Burundi in the late 1990s, Thomas Kwasi Tieku, Director of African Studies at the Universit of Toronto, notes that the then-Organisation of African Unity did not provide sufficient technical support to structure and optimise the mediation process[4]. Instead, Tieku notes that mediators, in the absence of technical support, provided Burundian parties incentive packages which distracted them from reaching an overarching agreement[5].

Ultimately, local mediators with legitimacy in the eyes of the population should be chosen, with sufficient technical support from regional and/or international organisations.

The issue to be mediated

Research highlights that issues more susceptible to successful mediation concern resources, rather than principle-based issues. Indeed, the latter is commonly rooted in deep-seated ideologies and is known for being highly sensitive[6]. The first suggestion thus to fuel a successful negotiation lies in the framing of the issue.

Yet, the presence of deep-seated inter-ethnic conflicts in certain African States needs to be acknowledged. These conflicts can occur over a range of issues, varying from religion to scarce resources[7]. Unfortunately, State Apparatus have also been known to sponsor some inter-ethnic conflicts as a divide-and-rule strategy[8]. How then can a successful mediation be structured even while the issue at hand is highly sensitive and seemingly impossibly complex?

Richard Jackson from the University of Manchester suggests that there should be pre-mediation negotiator training for representatives from different groups involved in the mediation, who may be inexperienced in diplomatic negotiations[9]. Importantly, this could render parties more aware of how to constructively approach the mediation process.

Drawing upon the successful mediation of the Mozambique peace process, Jackson also notes the importance of integrating non-official mediators, for instance NGOs, churches, civil associations, into the peace process[10]. It is also further worthy to note that the integration of non-official mediators could also help to diffuse tensions on sensitive issues, through potentially helping to provide more balanced perspectives.

The way forward

In conclusion, successful ADR mechanisms to contribute towards state-building are constituted from finding local mediators with legitimacy in the eyes of the population, with sufficient technical support from regional and/or international organisations, pre-mediation training sessions, and the integration of non-official mediators to diffuse tension. Ultimately, beyond the clear need for cooperation and knowledge sharing between key stakeholders, it would also be worthwhile to explore how to institutionalise overarching structures of mediation in conflict-stricken regions.

[1]Uwazie, Ernest. “Alternative Dispute Resolution in Africa: Preventing Conflict and Enhancing Stability.” Africa Center for Strategic Studies, 14 Feb. 2020, africacenter.org/publication/alternative-dispute-resolution-in-africa-preventing-conflict-and-enhancing-stability/.

[2]“The (Un)Surprising Effectiveness of African Mediation Efforts.” African Arguments, 2 July 2020, africanarguments.org/2020/07/the-unsurprising-effectiveness-of-african-mediation-efforts/.

[3] Musikali, Priscilla and Musikali, Lois M., The Role of Mediation in the Resolution of the South Sudan Crisis (July 10, 2013). Africa Nazarene University Law Journal, Vol. 1(2) 2013, 165-200, Available at SSRN: https://ssrn.com/abstract=2622115

[4] Tieku, Thomas Kwasi. “BISA Africa and International Studies Working Group Seminar on Peace, Conflict and Intervention.” 2011.

[5] Ibid

[6] The (Un)Surprising Effectiveness of African Mediation Efforts.” African Arguments, 2 July 2020, africanarguments.org/2020/07/the-unsurprising-effectiveness-of-african-mediation-efforts/.

[7] “Conflict and Conflict Resolution in Africa.” ACCORD, 10 Feb. 2020, www.accord.org.za/ajcr-issues/conflict-and-conflict-resolution-in-africa/.

[8] Ibid

[9] Jackson, R. (2005). Internal War, International Mediation, and Non-Official Diplomacy: Lessons from Mozambique. Journal of Conflict Studies, 25(1). Retrieved from https://journals.lib.unb.ca/index.php/JCS/article/view/194

[10]Ibid