Faculty of Management Sciences
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Item Grassroots transitional justice framework : the role of mediation in Zimbabwe’s transitional justice processes(2022) Mandikwaza, Edknowledge; Kaye, Sylvia Blanche; Harris, Geoffrey ThomasThis study investigated the role of mediation in grassroots transitional justice processes. The major aim of the study was to understand the role of mediation in transitional justice processes, ascertaining its effectiveness as a grassroots transitional justice mechanism and how its demand for use in transitional justice can be increased. The study was carried out using action research methodologies, with a mediation project carried out in the Makoni District of Manicaland in Zimbabwe. The mediation project involved community members addressing transitional-justice-related conflicts using mediation as a tool for conflict resolution. The mediators were provided with mediation skills through a training programme and their work was evaluated thrice to ascertain the role and impact of the mediation interventions on transitional-justicerelated conflicts. The project was termed Mediation for Everyday Transitional Justice because it was implemented in a natural community’s daily environment, by local people and for the local communities. The continuing failure of transitional justice mechanisms in Zimbabwe amid continued human rights violations justifies the undeniable value of this study. Zimbabwe’s past transitional justice efforts (since 1980, when the country became an independent republic) failed to build sustainable peace hence the country’s continued relapse into political and socio-economic turmoil. However, with appropriate transitional justice interventions that are built on grassroots-informed processes, sustainable peace is conceivable in Zimbabwe. Mediation, as an alternative dispute resolution process that is both persuasive and non-retributive, offers an interesting opportunity to the practice of transitional justice. The research concluded that the role of mediation in transitional justice is to facilitate truth telling, reparations, healing, and reconciliation among disputants without the need to use national-level transitional justice infrastructures. This means that, at the grassroots level, transitional justice processes can take place without waiting for the statist transitional justice approaches. However, in cases where the past human rights violations being addressed are tied to structural violence, driven from outside the community, local mediation processes may not be possible without the consent, cooperation, and willingness of those who sustain such conflicts. In addition, mediation cannot play any significant role in enabling prosecutorial justice, memorialisation, and institutional reforms at the grassroots level. Prosecutorial justice cannot be achieved because perpetrators can withdraw quickly when possibilities exist to be held criminally accountable for past human rights abuses. Institutional reforms also require changing governance policies and practices which are issues beyond the control of specific local communities. The study also observed that mediation is an effective tool for grassroots transitional justice issues because it is efficient, it saves time and financial resources, and it can be undertaken by local actors. To increase its demand and use in transitional justice processes at the grassroots level, these is a need to increase communities’ awareness of the importance of mediation in transitional justice, provide mediation-skills capacity-development interventions to potential mediators, and enhance the agency of various mediation actors at the grassroots levels.Item Reducing intertribal conflict and violence : a mediation project with the Bukusu and Nandi micro-nations, Kenya(2022) Wanjala, Silas Siboe; Harris, Geoffrey Thomas; Kaye, SylviaTribal clashes in Africa continue to be an hinderance to peaceful coexistence between ethnic communities in proximity. In Kenya the leadership has been in denial of this reality, or at times key leaders abet the vice for selfish political expediency. This is a dangerous trajectory unless proper interventions are adopted in order to transform cultures of violence into a culture of peace. The thesis takes a critical look at the relations of the Bukusu and Nandi residing in Trans Nzoia County of Kenya. It is a mediation strategy to minimize ethnic tensions that usually to explode into violence with slight stimulation. It reiterates the verity that there are alternatives to violence, which is nonviolence. conflict transformation is the best route to take as communities are sensitized to embrace justice for all and live in an atmosphere of positive peace. This calls for creativity, sacrifice, patience and financial investment. The communities are called upon to reach out to each other as they work for positive peace. The thesis developed a dialogue project that involved 24 participants taking part in eight dialogue sessions that aimed at reducing prejudice and creating new friendships between members of the Bukusu and Nandi communities. By the end of the dialogue sessions, friendships and new networks had been formed. Group members endeavor to work together in doing peacebuilding throughout the county. This proofed that Dialogue is as a great tool for conflict resolution and conflict transformation. The thesis champions for dialogue opportunities to be encouraged throughout the country and continent. This will enable communities to have conversations over pertinent issues that split them and most times lead to animosity. Dialogues will open up room for contact, clarification of ideals, reduction of chauvinism and enhancement stronger uniting bonds.