MASTERS IN PROJECT PLANNING AND MANAGEMENT Conflict Analysis and Resolution LECTURE ONE THEORIES OF PEACE AND VIOLENCE

Introduction: This lecture endeavours to define peace as absence of violence. It further discusses the six dimensions of violence which include: physical and psychological violence; Positive and negative approaches to violence; the object of violence; the subject of violence; intended and unintended violence; and manifested and latent levels of violence. What are the characteristics of each of these moments? In this lecture you will discuss the manifestation of these situations. You note that in our everyday life we so much mind about peace of ourselves and of those we interact with to an extent that the concern has become part and parcel of our existence. Before any kind of engagement with another person it is so natural that you great each other (good morning, good evening etc) knowingly or unknowingly. The words used in the greeting involve a question (are you at peace?) and an answer (yes). If an answer is no then eyebrows will be raised and no activity will continue till the situation is established and the disturbance sorted out by way of consoling or advising. A critical look at greeting shows that peace is paramount in the normal functioning of a human being hence it dominates communication taking place between people. The concept of peace has to do with tranquillity, quietness, sense of satisfaction, a contusive atmosphere to work and existence friendly. Thinking about Peace therefore means a sense of satisfaction, accomplishment, a world of plenty without hurry where laughter and joy tend to prevail.

From the Anglo-Norman pas, and meaning "freedom from civil disorder", the English word came into use in various personal greetings from BC.1300 as a translation of the biblical terms pax (from the Vulgate) and Greek eirene, which in turn were renderings of the Hebrew shalom. Shalom, cognate with the Arabic "salaam, has multiple meanings: safety, welfare, prosperity, security, fortune, and friendliness. The personalized meaning is reflected in a nonviolent lifestyle, which also describes a relationship between any people characterized by respect, justice and goodwill.

This latter understanding of peace can also pertain to an individual's sense of himself or herself, as to be "at peace" with one's own mind attested in Europe from 1

BC.1200. The early English term is also used in the sense of "quiet", reflecting a calm, serene, and meditative approach to the family or group relationships that avoids quarreling and seeks tranquility an absence of disturbance or agitation. Wikipedia: Last modified on 22 April 2009, at 22:42 (UTC). Definition of Peace as Absence of Violence We start by examining two common statements; namely a) Peace is the absence of war and b) Peace is the absence of violence. Right now we can say that the world (and even our own country) is not at war; but are we at peace? We are not at peace: we are peaceless. Lets coin the word peaceless that the dictionary refuses to recognize. So, we are not at war, but we have lots of violence - at all these levels. It is therefore easy to be persuaded to accept the statement that: Peace is the absence of violence, as the more valid statement and we will adopt it for this course. 2.4 Definition and dimensions of violence This linkage of peace and violence is important. But we need a definition of violence. So, what is violence? A narrow concept defines violence as Somatic (bodily as opposed to mental) incapacitation or deprivation of health with killing being the extreme form; In the hands of an actor who intends this to be the consequence. In other words, an accident cannot seriously be defined as violence; at least not at the human level. However, if this was all violence was about, and peace was seen as its negation, then peace as an ideal would have little meaning since many highly unacceptable social orders would still be considered compatible with peace. Hence there is a desirability of extending the concept of violence. An extended definition of Violence We define violence as The CAUSE of the difference between what good we ACTUALLY have; as contrasted with 2

The good that we have the POTENTIAL of having. (Draw a cup to illustrate the gap between actual and potential good that is caused by violence) The Cup of Violence

Potential

Violence Present good

It is generally human desire to have a full cup, be it of the untouchable goodness or of more earthly resources such as money, good health, and even power. Whatever increases the distance between what we actually have and what we are capable of having is, by definition, violence. In the same way, whatever impedes the reduction of the distance, between these two parameters the human potential and the currently situation can be regarded as violence. Whatever increases the distance, or impedes the reduction of the distance, between these two parameters can be regarded as violence. E.g. a) In the 21 Century, death from preventable disease such as TB - with all the medical advances we have today - should be regarded as violence, while it would be hard to conceive this as violence in 18th Century. b) Death from hunger in any part of Kenya today should be regarded as violence because we have the potential of averting it. c) A 38% level of adult illiteracy in Kenya (mostly women) is certainly an expression of violence since our potential after 40 years of independence is much higher. 3

d) In 2005, the Hurricane Katrina hit New Orleans in Texas USA. For President Bush and his government, this was an act of God. However, the deaths in the poorer black population of that city are an example of structural violence, since their deaths were related to societal imbalance. Only the black people had homes in that low lying area that was bound to be hit one day. In other words, when the potential in a generally highly desired/considered action is higher than the actual, and therefore an act was avoidable - but it actually occurred - then by definition, violence is present. Six Dimensions of Violence We will analyze violence under six headings a) Physical and Psychological Violence b)Positive and Negative Approaches to Violence c).The Object of Violence d).The Subject of Violence e).Intended and Unintended Violence a) a) Manifested and Latent Levels of Violence Physical and Psychological Violence physical and psychological violence. While somatic (bodily) violence is easily visible and might even include death, psychological violence including lies, brainwashing, indoctrination, threats, etc need to be considered as it reduces human mental potentialities. b) Positive and Negative Approaches to Violence One can be influenced not only through punishment when one does what the influencer considers wrong, but also the opposite by rewarding when the right thing is done right as determined by the influencer. c) The Object of Violence Can there be violence when actually no physical or biological object is hurt? Consider when a person or nation displays means of physical violence, e.g. throwing of stones or testing of nuclear weapons. Though no one is hurt, there is the threat of physical 4

There is need to include in the definition two types of violence

violence, and an indirect mental violence. In fact, since the threat constrains human action through fear of injury, etc we can term it as violence. In any case, the whole intention is to constrain human action through display of power/force that denotes possible violence if this or that happens. (Note the infamous balance of power between the so-called Big Powers that kept all of us at tenterhooks was intended to have this very effect) d) The Subject of Violence

Is there a subject or an actor of the violence? Can there be violence where there is no one committing direct violence? Johan Galtung proposes a Conflict Triangle that is based on the assumption that the best way to define peace is to define violence, its antithesis. It reflects the general theory that violence is inevitable and the aim of peace action should therefore be preventing, managing, limiting and overcoming violence. Direct, structural and cultural aspects of violence DIRECT

STRUCTURAL i. ii.

CULTURAL

Direct (overt) violence, e.g., direct attack, massacre. Structural violence. Death by avoidable reasons such as malnutrition. Structural violence is indirect violence caused by an unjust structure and is not to be equated with an act of God such as accidents and floods, hurricanes, etc.

iii.

Cultural violence. Cultural violence occurs as a result of the cultural assumptions that blind one to direct or structural violence. For example, the rich could be socialized to be indifferent towards poverty or homelessness or the street families and could even consider their expulsion or extermination a good thing.

Each corner of Galtung's triangle can relate to the other two. Ethnic cleansing can be an example of all three. 5

i)

In all these cases, individuals may be killed, hit or hurt, or manipulated in terms of stick and carrot strategies. For example, if people are starving when this could have been avoided then there is violence, even if there is no direct subject-actionobject relationship, e.g. during a siege or the way the world economy is organized today with haves and have-nots.

ii)

When life expectancy for the upper classes group is twice as high as those in the lower classes, then structural violence is being committed (though no one particular person can be named as the perpetrator of the violence or no one person is being killed directly)

iii)

Another example of the distinction:

If a husband beats his wife, then a visible and recordable subject-action-object relationship is established; as opposed to. When thousands of husbands keep their wives ignorant of world events, then there is structural violence that in some communities would be justified as legitimate cultural practice. e) Intended and Unintended Violence In both Judeo-Christian ethics and in Roman Jurisprudence (both of great influence in our country), guilt is tied more to intentions rather than the consequences. (Hence the distinction between manslaughter and murder even though someone was killed) However, our definition of violence and peace (being the absence of violence) are located entirely on the consequences side. The concentration on who does what instead of what was done, to whom and by who will most likely let off the masterminds (and acts related to structural violence) and catch only the small fish. If our concern is peace - and peace is the absence of violence then action should be direct, as well as structural and cultural violence.

f) i) ii)

Manifested and Latent Levels of Violence Manifested Violence whether personal or structural or cultural is observable; Latent violence is something not there, yet it might come up anytime.

For personal violence, this means that a little provocation could lead to a flare up leading to killings, etc as is the case with racial or religious confrontations. This indicates a situation of unstable equilibrium. Similarly, for structural violence, we may think of systems that are insufficiently protected against sudden external/internal forces, and that could flare up with very limited provocation. (End of the Six Dimensions of Violence) A Widened Perspective Perspectives As we have noted, violence can be regarded in several ways: a) The traditional thinking of violence to cover personal violence only; b) Physical vs psychological or cultural violence; c) Intended and unintended violence; etc It is however urged that in making the distinction between personal and structural (to include cultural) violence the basic type of violence has advantages: i. ii. It gives us a unifying perspective the cause of difference between potential and actual realization; and It places structural and cultural violence at the same plane as personal violence since both are as harmful. Why is making this distinction necessary? Note a) That personal violence has come to the fore because it shows; it causes noticeable suffering, usually on identifiable culprits. The culprit may complain and perhaps action taken. b) On the other hand, structural/cultural violence is silent and evasive. Although there is no violence on the surface, the situation harbors systematic oppression and injustice that is seen as natural and as the order of things.

c) But also note the converse and related facts. The thinking and the fight against personal violence has d) largely taken form in what we would call static societies basically Western capitalistic ones based on Judeo-Christian philosophy, e) Where individual freedom has always been emphasized,But also where such violence gets accepted as part of the order of things - (people will fight; a wife will be beaten, etc )- and then the law will take its course, as opposed to the idea that all is well culturally. d) The fight against structural violence has arisen from i) What we would call dynamic and unstable Eastern European societies, and that is a central African philosophy ii) Where the ideals of the philosophy of the society/people (the so-called masses) taking preference before the individual were paramount, and iii) Where re-distribution of resources was essential for sustainable peace; e) This is a key consideration that has divided the world and has been a major cause of conflict and violence. The question is: i) Can ideals of individualism and capitalism as embraced by the West, vis--vis Socialism/communalism/the people first concept a key African and also Eastern concept exist in harmony side by side? ii) Another question that is key in a course such as ours where justice is key: when will the world whether western or the rest give tackling cultural violence with the seriousness it deserves? i) ii) iii) iv) v) vi) Physical and psychological violence Positive and negative approaches to violence The object of violence The subject of violence Intended and unintended violence Manifested and latent levels of violence

LECTURE TWO THE CONFLICT THEORY AND ANALYSIS Introduction a) We all have extensive experience of conflict as it is part of human very existence b) We are always trying to manage conflict one way or other (including even avoiding it at all costs); c) Generally however, we have few skills of dealing with it Defining Conflict Note that a) Conflict involves people (and other animals too on whom more and more studies are coming up) b) Conflict is a state of interaction between two or more parties or even two or more parts of ourselves c) Conflict is a state of human interaction where there is disharmony It emerges when parties compete over perceived or actual goals, values or interests It occurs when parties confront each other with opposing actions and counteractions It is an indicator that something is changing, has changed or needs to change Basically it is an interaction that aims at beating the opponent We should therefore expect many definitions of conflict depending on ones perception or concentration. The word conflict arises from a Latin root fligere - "to strike together" or to engage in a fight- and can be defined as any situation where one or two parties aspire towards incompatible or competing means or ends. Conflict may take place: within one person, between two or more people who know each other, or between large groups of people unknown to each other.

Conflict as a Perception Issue a) For there to be a conflict, the situation must be perceived as such by the parties involved. If no one is aware, then there cannot be a conflict. b) A perceived conflict may also not be real; for example, if in the middle of it all you discover that all along you have been talking about the same thing. The initial perception of conflict was all a matter of miscommunication. c) Conversely, there are many potential conflict situations that never mature. For example, despite minimum wage legislation, many house servants do not know about and even if they did, perhaps would never organize to claim their rights. d) It is the same with many oppressive cultural practices, whereby, though those involved know these are wrong, they leave the matter to lie to avoid obvious family conflicts. The Perspective of the Conflict A conflict perspective is a particular interpretation and understanding of what is happening in a conflict by the parties involved in it; by interested external parties; and even sometimes by independent observers. Perspectives are normally standpoints, beliefs, values and views that parties to a conflict and other people hold about the conflict. Often perspectives are competing and conflictive, principally because they arise from differing interests and positions of the parties. Often also perspectives emanate from deep historical narrations, e,g. a) Those communities that believe themselves to be warriors in history would act today in a manner that would justify their past. b) Other perspectives may also have historical roots that seem to place one group against the other, with consequential rejection by the other c) Some perspectives may of course spring from current needs of the parties. But whatever the perspective of parties, a careful analysis will discover areas of agreement that could be useful common ground in conflict transformation process.

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The Role of Conflict - Four (4) Views of Conflict Is conflict useful or not in personal and group relationships? There are a number of views on the matter: a) The Functionalist (Traditionalist) View Conflict is harmful and must be avoided That conflict is a result of poor communication, narrow mindedness, lack of trust among people, and failure for the parties in the conflict to appreciate and to respond positively to the needs of the other parties. Hence, conflict is bad and must be avoided. Conflict resolution then must be directed towards identifying the causes of the conflict and putting programs in place to help avoid future conflicts. Though much research shows that this approach does not necessarily lead to improved long-term conflict resolution, many people still evaluate conflict situations from this perspective. b) The human relations view Conflict is natural and inevitable outcome in any group or relationship. A conflict might even strengthen a group. Hence it should be welcome as sometimes it is beneficial. c) Interactionist View That conflict is a positive and absolutely necessary force in a group for it to perform effectively. Hence conflict should be encouraged since a friendly, placid, cooperative group or relationship is prone to a stand still, becoming dull, and unresponsive to the need for change. d) Structuralist View

The world is full of conflicts, but the main one is hinged on the way the economy is organized. Society is organized in two groups the haves and the have-nots, and inevitably these two groups have to be in conflict.

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 The have-nots are the many laborers who produce all the wealth and benefit little from it; Then there are the very few investors who benefit most from the wealth so created and also control its distribution. In the present day capitalistic world, conflict arise between the employees and employers. This is because employees receive a tiny fraction of their produce as compared to the huge earnings of the investors and this has the potential to develop into conflict at various levels, including demonstrations, stoppages, strikes, etc 2.7. Levels of Conflict Conflict can occur at four (4) different levels, and at times, more than one level at the same time a) Intra-personal: conflict that occurs within an individual b) Inter-personal: conflicts that occur between two or more individuals c) Intra-group: conflicts that occur within a group d) Inter-group: conflict that occur between two or more groups (IF NECESSARY GIVE EXAMPLES FROM P. 9 - 12 OF Conflict Management For Peacekeepers OF SCENARIOS ON INTERPERSONAL, INTERGROUP AND INTERSTATE CONFLICTS) Conflict Theory The main theory of conflict involves a critical investigation into the following elements: The structures and dynamics in conflict situations. The actors, and The root causes of conflict. This analysis is important in determining intervention mechanisms, the management and resolution of conflict. a) The structure and dynamics of the conflict (The background and context of conflict Three related dimensions The distant past may span decades or even centuries Immediate past context that may show deterioration of relationships among parties, including the trigger that sparked the violence Current events arising from divergent views

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Historical background enables us to understand the genesis and dimensions of the current events in the conflict, that is, the causes, the background and framework within which the causes have emerged and matured. But note that the parties involved will contest any conflict. In other words, you will get different versions of the events. This contest by the parties is important as it Exposes the parties involved and highlights their interests Exposes the causes of the conflict, and Gives the conflict intervener valuable knowledge to use in the intervention process. Any conflict will be informed by a number of factors: (see figure on p.20 Conflict Management for Peacekeepers) i) The personalities and the personal perspectives of the individuals involved, i.e. their relationship with the adversary, communication skills, values, interests, needs, fears, etc; ii) iii) The social, cultural, political, economic, legal, and/or religious context within which the conflict is set This context will be affected by the interests, position, power, rights, feelings of, and outside pressures on, the parties. Conflict Analysis Whoever you are, and whatever reason you are involved in a conflict either as an intervener or a direct party you need a deeper understanding of the conflict to be of value. You consider three aspects: a) b) c) The story of the conflict: What happened? What was the context? What is the time line? What are the root causes of the conflict? Who are the parties in the conflict? What are their roles, interest, etc? How can you use these parties to bring to an end or reduce the conflict? Draw the triangle on p.18 a) The Story (Also known as stages of conflict process or conflict progression) A factual account of what has happened that requires talking to those involved (and other peripheral parties); doing background research; visits of observation; etc Background and the context: why the conflict? What are its causes? etc. Note that these facts will be highly contested by the parties, each with own true story 13

 A timeline of the events transformation. i) Pre-conflict a period when goals between the parties are incompatible and which could lead to open conflict. At this stage the conflict is not well known since the parties try to hide it from public view, but communication is undermined between them ii) Confrontation the conflict becomes open or manifest. Characterized by Occasional fighting, Low level of violence, and search for allies by warring parties, Mobilization of resources, Strained relations and polarization. iii) Crisis peak of conflict. In violent situations, this is the stage of intensive fighting, leading to killings, injuries, large scale population displacement, and the use of small arms, etc iv) Outcome there is an assumption that all conflict will pass through this stage somehow: one side will win/another loses; cease fire may be declared; one may surrender; or a stronger third party may impose a solution and thus stop the fighting. Reduction/Cessation of conflict is the main issue here to allow discussion and search for other means of restoration of peace. ii) Post-conflict violence has ceased or reduced considerably and the parties have gone beyond the crisis stage. Now is the time to address the root causes of the conflict - such as the needs and fears of the parties. If not tackled now, conflict cycle may be re-enacted and a return to preconflict stage, with the consequent re-eruption of conflict, being a possibility. Now it is also the time meant for rehabilitation of destroyed infrastructure, etc (See UNDP work in this connection and the challenges) Stages of conflict

Each conflict has its dynamics, characterized by different stages and phases of change and

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b)

Parties in a Conflict

In conflict analysis, it is useful to identify and to ascertain ALL the parties involved in a conflict, even those who seem not too important. Parties are Individuals Groups, and Entities (organizations, states) They participate in a conflict either directly or indirectly depending on feelings that They have interests to pursue, Something of value is at stake, or They believe that their interests, positions or needs are threatened in one way or other. Indirect parties may be helping their allies and friends achieve their own interest to which they may have long-term secondary interest. There usually are three categories of parties to a conflict; and it is important to know their relationships and their common and opposing interests. i) The primary parties those directly involved in the conflict; are most visible and commonly known, and who must be involved in any negotiations. For example, clans, warlords and Islamic Courts in Somalia; main political parties in Kenya, etc ii) The secondary parties those who are directly affected by the conflict; and those with the ability to destabilize any agreement they do not agree with. iii) The peripheral parties: those on the outside but still have an interest in the outcome of the proceedings. These indirect parties (commonly referred to as shadows) could complicate the situation: They are not very visible in the conflict, Their identity and roles are difficult to determine They operate by proxy and may heavily influence either party in the conflict positively or negatively. They could also be your allies in the negotiations, as they have no direct interest. For example i) ii) In what category are Ethiopia, Al Qaeda, Kenya, America, Eritrea in the Somali conflict and what is their roles? Who is who in the Mungiki saga in Kenya; and what are their roles?

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Note: i) ii) It is necessary in conflict analysis to capture these parties so as to include them in conflict transformation and resolution. Failure to include them might lead to the derailment of the peace plan. Positions, Interests, Needs and Fears In most conflicts, the different parties will be pursuing either one or a combination of the above factors, whether consciously or not. Where the goal is to reach conflict resolution, it is important to work with the parties involved to identify and then highlight these elements as the basis for intervention aimed at the transformation of the conflict. i) Exactly what do you want? This question will give you the partys positions. Although this is seen as the tough and uncompromising stand, it is only a preference that could change. ii) Why do you want this? This will give you the partys interest. Interest is the tough one - normally hidden and might take time to find out exactly is behind the partys seemingly tough position. iii) Could be unexpressed needs (to also share the cake) and fears (if they are in they will squeeze our people out, etc c) Root Causes of Conflict At the end of the day, all conflicts emanate from competing interests. The Circle of Conflict is a useful tool for identifying the root causes of conflict covering: i) ii) Relationship Conflicts: Caused by misconceptions; poor communication; rivalry or competition in the relationship Information Conflicts: Caused by lack of information; different interpretation of data; different procedures for information assessment; different views of what is important iii) iv) Interest Conflicts: caused by different needs/wants; hidden interests, etc Structural Conflicts; caused by unacceptable status quo; structural social injustices or discrimination; unequal power/authority; unequal access to/and control of; external influences. v) Value Conflicts 16

LECTURE THREE CONFLICT AT WORKPLACE Introduction We start by noting five important points about the workplace a) We spend at least one-third of our adult lives in the workplace, and in very close proximity with all sorts of people our co-workers of various levels and types; our bosses, also of various ranks and who have power over us; and also many types of clients customers, suppliers, inspectors, and even idlers. b) The effects of conflict in the workplace are widespread and costly to the firm and to individuals in it. A number of studies estimate that 30% to 40% of a managers daily activities are devoted to dealing with some form of conflict. c) Equally, employees inability to effectively deal with anger and conflict in the workplace could be very expensive; leading to decreased productivity, increased stress among employees, hampered performance, high turnover rate, absenteeism, and at its worst, violence and death. d) Failing to address such conflict usually has implications far beyond the office and into our non-working lives. e) It is hence important that we all employees, managers, owners of businesses, and even the state understand how conflict arises in the workplace, and what steps we can take to deal with such conflict. Calculating the Cost of Conflict: An Exercise Agree on the following as a group on your work in the last 1 year a) Average time you spend on workplace conflict (your own, interpersonal, organizational, etc.) = _____ hours/week b) Your rate of pay = K.sh______ per hour c) Multiply a)_____ x b) ______ = K.sh _______per week 17

d) Multiply (c) __________ x the number of weeks you work each year_____ = K.sh________ = total cash spent by you, alone, in conflict management. e) Now calculate the cost to the whole of your organization on time and weekly pay spent on solving (often unproductive) conflicts. Comment on your finding. The Nature of the Workplace It has been claimed that the work place is designed to be a very fertile ground for conflict. Such elements which you have described are normally grouped into two: institutional and personal factors. 1) Institutional Factors may include a) The nature of the firm and how it is organized: size with branches or sections all over the place that may make communication difficult and even contradictory. b) Differing or interdependent activities for example when some section must wait for others to complete their role for them to act; c) The need to satisfy conflicting interests, for example, a speedy delivery that might interfere with quality; 2) Personal Factors a) The work place is organized in such a way that there are too many people men and women, with the usual emotions and jealousies; persons of different religions and cultures; people with differing temperaments; people of different ranks; etc, etc - all working on limited space and required to share this and other facilities, transport and equipment b) How the firm treats its employees; like human beings- ( with feelings and needs ), or just figures (robots even these need regular oiling, greasing and updating!), etc What causes conflict at work place? Understanding how conflict arises at work can be very helpful for anticipating situations that may become turbulent. While it may seem, at times, that anything can start a conflict where you work, conflict typically stems from a limited number of causes. 1) Incompatible Goals 18

One such cause is incompatible goals between individuals or between groups of individuals at work. For example, conflict between orders by line manager for rapid service (e.g. serving many customers), while the community relation's director instructs all employees to focus their efforts upon quality customer contact. One can imagine how quickly problems could arise between the teller and the head teller if speed is sacrificed for quality time with the customer. 2) Different Personal Values A second source of conflict is the different personal values we bring to work. It takes very little time, for example, for employees who enjoy going for fun after work and those who prefer to get home to their family to begin segregating work. Such distancing often carries with it gossiping, suspicion, and ultimately, conflict. What about when an employee has personal goals and values at odds with those of the company? 3) Unrealistic Expectations Other scenarios include the employee having unrealistic expectations of what their job position really is, or of being misunderstood in the workplace. Others may feel that they are being taken advantage of we work too hard and get too little out of that and why can they not see this? It is worse in the public service where there are no individuals only numbers and grades. Extra work or brilliance is not generally rewarded. This might happen when a perfectionist boss demands the same dedication and commitment from employees as he or she exhibits, but does not compensate them for the late or weekend hours. 4) Dependency upon others to complete our work The extent to which we depend upon others to complete our work is a third factor which can contribute to conflict. Certainly, conflict would be rare if your task is to copy a report and file it, and you have your own copy machine. 19

However, if you are waiting for someone else to make the copies, and someone else is pressuring you for the report, one could see that the opportunity for conflict begins to expand. 5) Scarce resources Scarce resources are a fourth source of conflict in the workplace. Whether the resource in question is office space, supplies, the boss time, or the budget fund, - we all require our share in order to meet job demands. Just ask yourself what happened the last time you were unable to gain access to something you needed at work. 6) Power distribution at work The power distribution at work can be a fifth source of conflict. Those who seem to wield their power in inappropriate ways. Even those individuals who sometimes step on others toes inadvertently as they try to complete their own tasks do bring conflict In addition, some individuals or even entire departments may be viewed as providing a more valuable service to the organization than do others. In such a case, resentment can often arise, laying the foundation for conflict. 7) Continually changing policies A final source of conflict to be addressed here is one with which most people can readily identify unpredictable policies. Some organizations seem notorious for continually changing their policies. Others have no policies at all, or so it would seem. You may experience this in the form of regular office meetings becoming irregular, or being told that you are violating a policy which you thought you were abiding by a week ago such as the way you dress. In any case, the absence of clear policies, or policies which are continually changing, create an environment of uncertainty and subjective interpretation which can leave one feeling vulnerable and helpless. 20

Causes of conflicts at workplace include: a) Incompatible goals b) Different personal values c) Unrealistic expectations d) Dependency upon others to complete our work e) Scarce resources f) Power distribution at work g) Continually changing policies

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LECTURE FOUR THE SEARCH FOR PEACE IN A VIOLENT WORLD Introduction The lecture endeavors to discuss on barriers of innovative peace initiatives as an attempt to Search for peace and hence suggest ways in bringing lasting peace in a seemingly violent world. 4.3 Barriers to Innovative Peace Initiatives

a) Lack of Empathy Warring groups or gangs have no sense of their enemy/opponents as humans who are entitled to rights and happiness, as they consider themselves. This lack of basic compassion and a feeling of superiority complex and a holier-than-thou attitude, whether committed by or directed to an individual or a group is basically the root cause of prejudice and discrimination. blocks of many forms of conflict. This inability to see oneself in another hardens the heart and blocks the ability to hearing another side of the story, a perspective outside one's own. Your story becomes the only story. This dehumanization of the other, this stripping the other of his/her human rights (even to think and hold ideas) also allows groups to "justify" violence and killing. (For example, slavery was justified by designating the blacks as not quite human. After all, they dressed differently if at all; spoke no comprehensible language; and did not even know God) b) Culture of Violence Consider Societies torn by civil war; or Cities and communities wracked by gangsters (whether fighting among themselves or harassing the members of society at night or at will); or Families terrorized by their own members. They all create "bunker" mentalities among themselves characterized by personal trauma, perpetual fear, and 22 Prejudice and discrimination are key building

 belief that one is powerless to change the situation. Historical precedent of "solving" conflict through violence (and the mistaken belief that there is no other way perpetuates an endless cycle of "justified" revenge.

c) Group-based inequities Discrimination that has been made systemic that is, universal and structural leads to significant imbalances in rights, resources and the spoils of society. This type of unfairness leads to three inter-related phenomena: a) It lays the foundation for resentment on the part of the oppressed against the oppressor, and the urge to do something about it; b) It encourages the oppressor to think of the oppressed as lazy and incapable of rising to the situation; and c) Creates a mentality of scarcity even in plenty - that encourages the dominant group to perpetuate the status quo. d) Corrupt or inept government and public systems Failures of the system to render justice, equal services or timely remediation lead citizens to take issues into their own hands and hence commit violence on others, including the innocent, in kangaroo courts; or may come to believe that discriminatory beliefs and practices are the order of the day, and hence participate in perpetuating them. It is in such situations that unscrupulous leaders exploit prejudices of the population to incite or perpetuate violence that serves their political or personal gain. Principles of peace entrepreneurship i) Humanize the "other" Getting warring factions to see their enemies as similar to themselves is the core component of peace, making true dialogue and collaboration possible. This also demands that the disenfranchised groups be empowered to see themselves as belonging and hence also entitled; and also to generate their own agenda and solutions to their issues. ii) Create alternate systems 23

New systems in which people have confidence and with which they are comfortable are needed. It might be necessary to do these reforms simultaneously. These may include New court and justice structures including community based tribunals, New governance structures, including decentralization of control of power and resources, New system to document government abuses to counterbalance the failures of what went on previously, Alternative education programs that empower the marginalized to comprehend and hence help in operationalizing the above. iii) Explore original wounds Digging into individual traumas, historic ill-treatment of groups, dynamics of prejudice, and exposing injustice can all lead to a kind of healing that releases bitterness and longheld beliefs. iv) Create communities of peace/resistance Communities trained with specific conflict-resolution tools, acquainted with the mutual benefit of cooperation and armed with tactics to defuse heated situations, are more likely to find ways to avoid violent conflict. v) Build non-violent pathways to rights, equality and assets. Options must exist for bettering one's circumstances outside of violent means. It is also important to show by legally-accepted collective state/community action that violence (discrimination, prejudice, etc), corruption and embezzlement, etc does not pay

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Outcomes Identification Exercise Facilitator's Opening Statement: "One of the key challenges facing people who need to work through conflicts together is a lack of clarity about what they need. What they expect regarding how those needs are met at the workplace, and the relative priority of these expectations, is at the heart of this exercise. By clarifying desired outcomes from their work together, participants can begin to build an agenda that seeks to affirm those desires in practice." Step 1: Individually, each participant should 'brainstorm' a list of responses to the following question: "What outcomes do I desire from my workplace?" An alternative question may be: "What expectations do I seek to fulfill from my work with my co-workers?" Take 3 minutes of quiet time to write down as many answers as possible to the focus question. Step 2: Going around the circle, each group* member should identify one desired outcome to share with the others. The facilitator should record these responses on flip chart paper. Go around the circle a couple of times if a 'desired outcome' has been previously stated, participants are encouraged to identify other items from their personal lists. People may "pass," if preferred. After completing 2-3 turns around the group, the facilitator should ask members to review the flip chart list and identify any other items from their personal lists that they now feel are important to add to the group list. *At the end of this step, the group's list should contain 12-15 items. This assumes 5-7 members per group; if working with a larger group, it is advisable to break into subgroups. Step 3: Elicit feedback from group members regarding the characteristics of the desired outcomes they now observe. Ask them [if not otherwise noted] to notice the relatively significant role of procedural needs and psychological needs identified in these lists. [If you have a few sub-groups, it may be helpful to have people 'wander around' and view the other lists before making these comments.] 25 Step 4: Ask each person to reflect upon the group list that has been generated, as well as

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IMPASSE PROCEDURES Because strikes are generally prohibited for public-sector employees, the following outcomes can occur when an impasse is reached: management may continue the past contract, mediation may occur, the employees may go out on a legal or illegal strike or have a"sickout," fact-finding may take place, interest arbitration to resolve remaining differences may occur, or a legislative body may mandate an agreement. Fact-finding, arbitration, and strikes will be examined, with an emphasis on the first two because they don't normally occur in the private sector. What leads to impasses in public-sector negotiations? A study of New York state police and fire fighter negotiations proposed the model shown in Figure 15-2. Environmental characteristics most strongly related to reaching an impasse included previous impasse experience, percentage of the local electorate voting Democratic in 1972 (for police), and previous starting salary (for police). Structural characteristics associated with impasses were union pressure tactics, adherence to pattern settlements (police), lack of authority for the management negotiator, internal management conflict, and pressure on union leaders (police). Interpersonal/personal factors associated with impasses included hostility, lack of management negotiator skills (fire), lack of union or management in-house negotiators, and management negotiator experience. Negotiations involving formal impasse resolution at or beyond the fact-finding level were more likely to have had higher previous starting salaries, previous impasse experience, and be in large cities (police). Union pressure tactics were positively related, while management negotiator authority was negatively related. Finally, hostility and negotiator experience were positively related, while negotiator skill (for fire) was negatively related. Impasse-resolution All negotiations do not result in an agreement. If a person is looking for a car and the dealer is unwilling to sell at the highest offer, a sale is not made. The same thing happens in labormanagement negotiations when management and the union cannot agree on the terms of a new contract. This inability to agree is called an impasse. Unlike the car purchase situation, the union is not free to seek a new employer to deal with, and the company must still be willing to negotiate with the union representing its employees. 27

Most negotiations do not result in an impasse. The parties usually find a common ground for settlement, and strikes or interventions by third parties are not required. Recent data show that for the early 1980s about 24 million workdays per year were lost to strikes-only about .11 percent of total time available. This chapter examines the causes of impasses, the tactics available to either side after an impasse is reached, and the interventions of third parties. This chapter focuses on the private sector. Public-sector impasse resolution procedures, which are generally more complex and often applicable only to certain occupational classifications, are covered in Chapter 15. In reading this chapter, attention should be focused on these issues: 1 . What differences exist in the way impasses are handled in organizations covered by the Railway Labor Act? 2. What actions can labor and management legally take when an impasse is reached? 3. What is involved in the mediation process? 1. What steps do private enterprise and labor take to reduce the incidence of impasses Behavioral theories of labor negotiations Four behavioral components are involved in bargaining. Distributive bargaining takes place when the parties are in conflict on a particular issue and when the outcome will be a loss for one party and a gain for the other. Suppose the union wants a 60-cent hourly increase, and the parties ultimately settle for 30 cents. The 30-cent increase is a gain to the union and a loss to the company, which is not to say the loss is greater than the company expected, However, the company may have felt a settlement for anything less than 35 cents would be better than it expected to win. Distributive bargaining simply means some resource is in fixed supply, and one's gain is the other's loss as to that resource. Since distributive bargaining involves the division of outcomes on a bargaining issue, much of the activity is related to providing the opponent with information as to the importance of a particular position, the likelihood of future movement on that position, and the trade-offs possible for a concession on the position. Through the bargaining itself, both sides may 28

pick up cues as to where the other is willing to settle. An important part of this process is identifying the finality of commitment a bargainer attaches to a position. Figure 10-5 portrays various management and union commitment statements and analyzes their finality, specificity, and consequences for ignoring them. Four Ways To Work Out Business Disputes Business owners have four options to resolve disputes with partners, vendors or customers. Each option is based on different assumptions, and entails a different cost. Therefore, it pays to understand them better. Option 1. Direct negotiation Direct negotiation is certainly the cheapest - but not necessarily the easiest way to resolve a conflict. A good place to start is to get clear about what one wants, why, and how much one cares for the future relationship with the other person. The next step, is finding out how the situation looks from the other person's perspective. This task requires effective questioning, listening, and observing. The final negotiation step, is crafting an agreement that both parties believe to be better than all other alternatives. To negotiate successfully one needs some planning, communication and negotiation skills. Without them, it is easy to end up with no deal, or a bad deal, or even a personal war. Option 2. Mediation The goal of mediation is not to find out who is right or wrong, but how the problem at hand can best be resolved. Mediation is a process in which parties who disagree meet with a neutral third-party, who facilitates their negotiations. The mediator doesn't have any decision-making authority. The parties decide how to resolve their problem, in a way that is mutually acceptable. Since mediation is confidential, mediation discussions and materials are not admissible in court. In a sense, when people mediate they have everything to gain and nothing to lose. If they are able to reach a mutually acceptable agreement with the mediator's assistance, that's great. Otherwise, they can still use the remaining two options. And in that case, whatever they have said or heard, offered or counter-offered during mediation, doesn't matter.

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Option 3. Arbitration The business dispute is submitted to a neutral arbitrator, who examines the evidence, listens to the parties and renders a binding decision. The conflicting parties must accept the arbitrator's decision, no matter whether they like it or not. Arbitration is past-oriented, and requires a certain amount of fact-finding. Therefore, generally it takes more time (and money) than mediation, but less than litigation. Option 4. Litigation The fourth option is to let the judge decide which party is right or wrong, based on the facts and the law. In actuality, though, the vast majority of civil cases never get that far (some statistics say up to 90%). They settle out of court. A few days ? or even hours ? before the trial, the two conflicting parties, assisted by their respective attorneys, prefer to negotiate their own agreement, rather than running the risk of losing in court. For business owners ? as well as for anyone else - litigation has two major drawbacks. First, it inevitably has a detrimental effect on the future relationship between the parties. Second, it can be quite expensive in terms of time, money and stress. Nonetheless, when a business dispute cannot be resolved any other way, litigation is a valid option. Giuseppe Leone Promotion of cross-cultural understanding When individuals have had only very limited or no contact at all with a particular culture, they commonly hold stereotypical, or broad behavioural generalisations, about that culture and its members. In the absence of direct experience stereotypes provide a set of usually negative and inaccurate guidelines that indicate what can be expected when encountering members of that culture. Commonly held stereotypes include the beliefs that the English are arrogant and aloof, that the Scottish are dour and cheap and that Americans are loud, aggressive and wealthy. In times of impending or actual warfare, governments frequently evoke exceptionally crude stereotypes that demonise and depersonalise the enemy, or 'other', thereby making it easier for the public, or 'us', to hate and kill 'them' (D'Amore 1988). Such attitudes, for example, were deliberately cultivated by the Australian government towards the Japanese people during World War II, while the 'White Australia' immigration policy, which prevailed until the 1970s, was based in large part on imaginary fears of being overwhelmed by the 'faceless hordes' of Asia. 30

Advocates of tourism contend that direct contacts between tourists and residents can serve to dispel such stereotypes and allow the members of each group to perceive one another as individuals and, potentially, as friends. People who travel extensively are often characterised as more broad-minded, tolerant and cosmopolitan than people who maintain limited contact with the world at large (Mcintosh, Goeldner & Ritchie 1995). Hence, tourism is seen as a potent force for cross-cultural understanding because huge numbers of people come into contact with members of other cultures both at home and abroad. In Australia direct contacts with Japanese and other Asian tourists have undoubtedly contributed to the erosion of stereotypes held by some Australians, while the same effect has also occurred through the exposure of outbound Australians to Asia and other overseas destinations. In addition, the government now actively encourages such positive attitudes because of the economic benefits that are associated with the inbound Asian tourist market. One manifestation of this view is D'Amore's contention that tourism is a vital force for world peace. Aside from the spontaneous day-to-day contacts, he cites the role of tourism in facilitating deliberate 'track-two diplomacy', or unofficial face-to-face contact that augments official or 'track-one' avenues of communication (D'Amore 1988; D'Amore 8c Jafari 1988). A classic example was the 'ping pong' diplomacy of the early 1970s between the United States and China. For strategic reasons, both countries desired normal relationships, but could not realize these immediately in the atmosphere of mutual animosity shaped by 30 years of Cold War hostility. The solution was to open the door slowly through a series of discrete sporting meets, cultural exchanges and city-twinning agreements between the two countries, which often included unofficial contact between low-level diplomats. Gradually, track-one initiatives became feasible after the unofficial contacts served to thaw relationships and place a human face on the former enemy. Kirn and Crompton (1990) discuss a similar process that was initiated between the two Koreas in the late 1980s. Another- recent example has involved the exchange of scientists, culture troupes and academics between Iran and the United States during the late 1990s. In all likelihood, the 'Great Satan' will eventually be replaced by the 'Steadfast Ally of the Iranian People" and such low-key tourism exchanges will have been instrumental in bringing about such a radical shift in perception.

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Conflict Resolution Definition: The process of defusing antagonism and reaching agreement between conflicting parties, especially through some form of negotiation. Also, the study and practice of solving interpersonal and intergroup conflict. "Conflict" from the Latin root "to strike together" can be defined as any situation where incompatible activities, feelings, or intentions occur together. Conflict may take place within one person, between two or more people who know each other, or between large groups of people who do not know each other. It may involve actual confrontation between persons, or merely symbolic confrontation through words and deeds. The conflict may be expressed through verbal denigration, accusations, threats, or through physical violence to persons or property. Or the conflict may remain unexpressed, as in avoidance and denial. A given conflict may be defined in terms of the issues that caused it, the strategies used to address it, or the outcomes or consequences that follow from it. Preschool and early elementary school-aged children tend to have conflict over property issues, and they tend to use physical strategies to resolve them, like taking a toy they want from another child. As children grow older the causes of conflict are more frequently about social order, and they are more likely to use verbal strategies as solutions. Strategies for resolving or preventing the development of conflict can be classified as avoidance, diffusion, or confrontation. Turning on the TV rather than discussing an argument is a form of avoidance. Two teen athletes talking to their peers or counselors after a dispute on the football field is an example of diffusion. Insulting another student's girlfriend or arranging to meet after school to fight is examples of confrontation. Courtroom litigation, like the trial and indictment of a juvenile who has violated the law, also represents a form of confrontation. The phrase conflict resolution refers specifically to strategies of diffusion developed during the second half of the 20th century as alternatives to traditional litigation models of settling disputes. Based on the idea that it is better to expose and resolve conflict before it damages people's relationships or escalates into violence, methods of conflict resolution were developed in business management and gradually adopted in the fields of international relations, legal settings, and, during the 1980s, educational settings. According to the

32

principles of conflict resolution, the only true solution to a conflict is one that attempts to satisfy the inherent needs of all the parties involved. Most conflict resolution programs employ some form of negotiation as the primary method of communication between parties. In the negotiation process, parties with opposing interests hold conversations to settle a dispute. Negotiation can be distributive, where each party attempts to win as many concessions to his or her own self-interest as possible (winlose), or integrative, where parties attempt to discover solutions that embody mutual selfinterest (win-win). Research on games theory and the decision-making process suggest that the face-to-face conversation involved in direct negotiation may actually influence people to act in the interest of the group (including the opposing party), or some other interest beyond immediate self-interest. Certainly the simple act of talking with the opposition sends a message that the parties are committed to positive resolution, and face-to-face negotiation inherently tends to be integrative in its consequences. The success of a given instance of conflict resolution depends on the attitudes and skills of the disputants and of the mediator or arbitrator. The elementary skills that have been identified as promoting conflict resolution overlap to a high degree with those that reflect social competence in children and adolescents. They include:

Awareness of others Awareness of the (not necessarily obvious) distinctions between self and others Listening skills Awareness of one's own feelings and thoughts, and the ability to express them Ability to respond to the feelings and thoughts of others

A child or adolescent will employ the basic skills of conflict resolution to varying degrees in responding to a conflict. Responses can be graded according to the level of cooperativeness they reflect, i.e., the level of integration the child experiences between his own self-interest and the interest of the opposing party. Thus, threatening the other party reflects a slightly more integrated, constructive response to conflict than an immediately aggressive response such as hitting. Examples of progressively more cooperative responses to conflict are: withdrawing from a conflict; demanding or requesting the opposing party to concede; providing reasons the opposing party should concede (appealing to norms); proposing alternatives to the opposing party; and proposing "if statements, suggesting willingness to negotiate. Perspective taking, or articulating and validating the feelings and 33

thoughts of the other party ("I see that you want...."), reflects the higher orders of conflict resolution skills. Integration of interests ("We both want...") reflects the highest level, leading to a consensual settlement of negotiations. Conflict resolution or conflictology is the process of attempting to resolve a dispute or a conflict. Successful conflict resolution occurs by listening to and providing opportunities to meet each side's needs, and adequately address their interests so that they are each satisfied with the outcome. Conflict resolution aims to end conflicts before they start or lead to verbal, physical, or legal fighting. More common but not popular with practitioners in conflict resolution is conflict management, where Conflict is a deliberate personal, social and organizational tool, especially used by capable politicians and other social engineers. Among groups Conflict resolution usually involves two or more groups with opposing views regarding specific issues, and another group or individual who is considered to be neutral in their opinion on the subject. This last bit though is quite often not entirely demanded if the "outside" group is well respected by all opposing parties. Resolution methods can include conciliation, mediation, arbitration or litigation. These methods all require third party intervention. A resolution method which is direct between the parties with opposing views is negotiation. Negotiation can be the 'traditional' model of hard bargaining where the interests of a group far outweigh the working relationships concerned. The 'principled' negotiation model is where both the interests and the working relationships concerned are viewed as important. It may be possible to avoid conflict without actually resolving the underlying dispute, by getting the parties to recognize that they disagree but that no further action needs to be taken at that time. In a few cases, such as in a democracy, it may even be desirable that they disagree, thus exposing the issues to others who need to consider it for themselves: in this case the parties might agree to disagree. It is also possible to manage a conflict without resolution, in forms other than avoidance. For more, see conflict management. 34

Among Non-Human Primates and Other Animals Conflict resolution has also been studied in non-human primates (see Frans de Waal, 2000). Aggression is more common among relatives and within a group, than between groups. Instead of creating a distance between the individuals, however, the primates were more intimate in the period after the aggressive incident. These intimacies consisted of grooming and various forms of body contact. Stress responses, like an increased heart rate, usually decrease after these reconciliatory signals. Different types of primates, as well as many other species who are living in groups, show different types of conciliatory behaviour. Resolving conflicts that threaten the interaction between individuals in a group is necessary for survival, hence has a strong evolutionary value. These findings contradicted previous existing theories about the general function of aggression, i.e. creating space between individuals (first proposed by Konrad Lorenz), which seems to be more the case in between groups conflicts. In addition to research in primates, biologists are beginning to explore reconciliation in other animals. Up until recently, the literature dealing with reconciliation in non-primates have consisted of anecdotal observations and very little quantitative data. Although peaceful post-conflict behavior had been documented going back to the 1960s, it wasnt until 1993 that Rowell made the first explicit mention of reconciliation in feral sheep. Reconciliation has since been documented in spotted hyenas, lions, dolphins, dwarf mongooses, and domestic goats. Conflict Resolution: Information on Health Conflict Resolution is: a) The process of defusing antagonism and reaching agreement between conflicting parties, especially through some form of negotiation. b) Also, the study and practice of solving interpersonal and inter-group conflict. "Conflict" from the Latin root "to strike together" can be defined as any situation where incompatible activities, feelings, or intentions occur together. Conflict may take place a) Within one person, b) Between two or more people who know each other, or 35

c) Between large groups of people who do not know each other. It may involve actual confrontation between persons, or merely symbolic confrontation through words and deeds. The conflict may be expressed through verbal denigration, accusations, threats, or through physical violence to persons or property. Or the conflict may remain unexpressed, as in avoidance and denial. A given conflict may be defined in terms of the issues that caused it, the strategies used to address it, or the outcomes or consequences that follow from it. Preschool and early elementary school-aged children tend to have conflict over property issues, and they tend to use physical strategies to resolve them, like taking a toy they want from another child. As children grow older the causes of conflict are more frequently about social order, and they are more likely to use verbal strategies as solutions. Strategies for resolving or preventing the development of conflict can be classified as avoidance, diffusion, or confrontation. Turning on the TV rather than discussing an argument is a form of avoidance. Two teen athletes talking to their peers or counselors after a dispute on the football field is an example of diffusion. Insulting another student's girlfriend or arranging to meet after school to fight are examples of confrontation. Courtroom litigation, like the trial and indictment of a juvenile who has violated the law, also represents a form of confrontation. The phrase conflict resolution refers specifically to strategies of diffusion developed during the second half of the 20th century as alternatives to traditional litigation models of settling disputes. Based on the idea that it is better to expose and resolve conflict before it damages people's relationships or escalates into violence, methods of conflict resolution were developed in business management and gradually adopted in the fields of international relations, legal settings, and, during the 1980s, educational settings. According to the principles of conflict resolution, the only true solution to a conflict is one that attempts to satisfy the inherent needs of all the parties involved. Most conflict resolution programs employ some form of negotiation as the primary method of communication between parties. In the negotiation process, parties with opposing interests hold conversations to settle a dispute. Negotiation can be distributive, where each party attempts to win as many concessions to his or her own self-interest as possible (winlose), or integrative, where parties attempt to discover solutions that embody mutual selfinterest (win-win). Research on games theory and the decision-making process suggest that 36

the face-to-face conversation involved in direct negotiation may actually influence people to act in the interest of the group (including the opposing party), or some other interest beyond immediate self-interest. Certainly the simple act of talking with the opposition sends a message that the parties are committed to positive resolution, and face-to-face negotiation inherently tends to be integrative in its consequences. The success of a given instance of conflict resolution depends on the attitudes and skills of the disputants and of the mediator or arbitrator. The elementary skills that have been identified as promoting conflict resolution overlap to a high degree with those that reflect social competence in children and adolescents. They include:

Awareness of others Awareness of the (not necessarily obvious) distinctions between self and others Listening skills Awareness of one's own feelings and thoughts, and the ability to express them Ability to respond to the feelings and thoughts of others

A child or adolescent will employ the basic skills of conflict resolution to varying degrees in responding to a conflict. Responses can be graded according to the level of cooperativeness they reflect, i.e., the level of integration the child experiences between his own self-interest and the interest of the opposing party. Thus, threatening the other party reflects a slightly more integrated, constructive response to conflict than an immediately aggressive response such as hitting. Examples of progressively more cooperative responses to conflict are: withdrawing from a conflict; demanding or requesting the opposing party to concede; providing reasons the opposing party should concede (appealing to norms); proposing alternatives to the opposing party; and proposing "if statements, suggesting willingness to negotiate. Perspective taking, or articulating and validating the feelings and thoughts of the other party ("I see that you want...."), reflects the higher orders of conflict resolution skills. Integration of interests ("We both want...") reflects the highest level, leading to a consensual settlement of negotiations. WHAT IS BARGAINING? Several academic disciplines have undertaken the study of bargaining. The following is a description of bargaining or negotiating from an economic perspective:

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1. Negotiation takes place if both parties will benefit by an agreement. In labormanagement relations, the employer benefits by continued operations and the union benefits by better conditions for its members. 2. The concessions made by the parties during the negotiations are voluntary. The concessions, in number and degree, may be influenced by the magnitude of the demands and the opponent's beliefs about the demander's willingness to concede; but any movements made are still voluntary. 3. Negotiations are seen as productive. They may disclose areas of agreement or alternatives not previously considered by either party. 4. Negotiations as used in labor-management relations are characterized by verbal and/or written demands and concessions. And finally, the bargaining process requires competition before the benefits available accrue to the parties involved in the bargaining.' Bargaining, in its simplest format, is the communication by both parties of the terms they require for consummation of a transaction and the subsequent acceptance or rejection by both of the bargain. Negotiation is the set of techniques used to translate bargaining power into the ultimate settlement. From a psychological perspective, bargaining may be defined as "the process whereby two or more parties attempt to settle what each shall give and take, or perform and receive, in a transaction between them." For bargaining to be required, the parties must have a conflict of interest in relation to issues jointly affecting them. For most bargaining, the parties are joined in a voluntary relationship. This may not be true in collective bargaining, and the joining is relatively permanent. The activities of the parties include the division of resources and other intangible issues in which the parties have joint interests. The process of negotiation requires the presentation of positions, their evaluation by the other party, and, finally, counterproposals. The process requires a sequential rather than simultaneous mode, because each party must have time to evaluate the other's proposals before responding.

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A more specific definition from a behavioral perspective includes the following: 1. Collective bargaining includes a variety of issues, some generating conflict between the parties and others requiring collaboration to accommodate the separate interests of both. 2. The attitudes and feelings of the bargainers play a part in the outcome of the negotiations over and above what occurs as a result of the rationally defined attributes of the parties. Further, the parties do not come together only for this negotiation but must maintain an ongoing relationship. Thus, the results of the bargaining situation have an impact on the long-run characteristics of the bargaining relationship. 3. The bargainers are often acting on behalf of others rather than for their own ends. They are representing constituents who evaluate their performance and may affect their tenure in negotiating positions. Thus, the bargaining process involves parties who have mutual interests in reaching agreement on a variety of issues. The negotiators represent others who stand to have their positions altered as a result of the bargaining. Personal characteristics of the bargainers, as well as the Agreement Agreement is mostly on a paper regarding the terms agreed. This article and my articles "Overcoming Obstacles to Agreement" and "Negotiating Agreement" are about how to deal with disagreement--from simple difference of opinion to active upset and anger--and some specific steps that will help you reach an agreement. As you will see, the things you can do yourself are far more effective than anything a lawyer can do for you. More than 90% of all cases are settled before trial. Unfortunately, too many are settled only after the spouses have spent their emotional energies on conflict and their financial resources on lawyers. The time and effort spent battling has impaired their ability to get on with their lives and may have caused serious psychic damage to themselves and their children. The spouses could have saved themselves all that simply by agreeing to settle earlier. Why didn't they?

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Okay, here you are, heading for a divorce; your spouse is going to be involved and you want to work out an agreement. What's so hard about that? Why don't you just do it? Easier to say than do, isn't it? There are good reasons why it's hard for spouses to work out an agreement--five, to be exact: 1) Emotional upset and conflict 2) Insecurity and fear 3) Ignorance and misinformation 4) The legal system and lawyers 5) Real disagreement To get an agreement, in or out of the system, with or without an attorney, you have to overcome the five obstacles. Let's look at them in a little more detail to see what you're dealing with. The Five Obstacles to Agreement 1. Emotional upset and conflict: This is about high levels of anger, hurt, blame, and guilt--a very normal part of divorce. If one or both spouses are upset, you can't negotiate, have reasonable discussions or make sound decisions. Complex and volatile emotions become externalized and get attached to things or to the children. When emotions are high, reason is at its lowest ebb and will not be very effective at that time. There are various causes of upset: a) The divorce itself - stress of major change, broken dreams, fear of change, fear of an unknown future b) Different readiness to accept the idea of divorce and willingness to proceed--the hidden cause of conflict in many cases c) History of bad communication habits or conflict d) Particular events or circumstances (a new lover, a new debt) 2. Insecurity, fear, lack of confidence, unequal bargaining power:

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You can't negotiate if either spouse feels incompetent, afraid, or that the other spouse has some big advantage. Divorce is tremendously undermining and tends to multiply any general lack of self-confidence and self-esteem. Also, there are often very real causes for insecurity: lack of skill and experience at dealing with business and negotiation, and lack of complete information and knowledge about the process and the marital affairs. It doesn't matter if insecurity is real or reasonable; it is real if it feels real. 3. Ignorance and misinformation: Ignorance about the legal system and how it works can make you feel uncertain, insecure and incompetent. You feel as if you don't know what you are doing--and you are right. Misinformation is when the things you think you know are not correct. Misinformation comes from friends, television, movies, and even from lawyers who are not family law specialists. It can distort your expectations about your rights and what's fair. It's hard to negotiate with someone who has mistaken ideas about what the rules are. Fortunately, both conditions can be easily fixed with reliable information. 4. The legal system and lawyers: The legal system does not help you overcome obstacles to agreement, but rather it is one of the major obstacles that you have to overcome. The legal system is designed to work against you. You want to avoid the legal system as much as possible--and you can. You can beat the system. 5. Real disagreement: These are the real issues that you want to deal with rationally and negotiate with your spouse. Real disagreement is based on the fact that the spouses now have different needs and interests. After dealing with the first four obstacles, these real issues may turn out to be minor, but even if they are serious, at least they can be negotiated rationally. The solutions are in your hands. Apart from the legal system--which you can avoid--all obstacles to your agreement are personal, between you and your spouse and between you and yourself. Take care. Pay special attention to emotional upset and especially insecurity and fear. These are the forces that drive people into a lawyer's office. You want to avoid doing anything that might increase the upset and fear of either spouse. The upset person is saying: "I can't stand this, I won't take it anymore! I'm going to get a lawyer!" 41

The insecure person is saying: "I can't understand all this, I can't deal with it, and I can't deal with my spouse. I want to be safe. I need someone to help me. I'm going to get a lawyer." And this is how cases get dragged into unnecessary legal conflict. You need to arrange things so both spouses are comfortable about not retaining an attorney. If you think your spouse may be upset or insecure, you have to be very careful and patient. If you are feeling incapable of dealing with your own divorce, the information in my book, Divorce Solutions: How to Make Any Divorce Better will help a lot and you will see that you can get all the help and support you need without retaining an attorney.

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LECTURE FIVE CAUSES OF CONFLICT IN AFRICA INTRODUCTION Kofi Annan, former UN Secretary General said in 1998 report to the UN General Assembly that more than 30 wars have been fought in Africa since 1970 majority being political intra-state in origin. In 1996 alone, 14 of the 53 African countries were afflicted by armed conflict. a) accounting for more than half of all war-related deaths the world over; and b) resulting in over 8 million refugees, returnees and displaced persons in our continent. We should also note the many intra-state conflicts, e.g. the December/January 2008 in Kenya, continuous conflict in Somalia, the mess in Zimbabwe over elections, continued conflict in Sudan, etc. Viewed from the outside, Africa is the most volatile continent and the western media makes much of this even exaggerates. But the truth that we Africans need to acknowledge is that, by and large, the media just reports. Wars in Angola, Ethiopia/Eritrea border, DRC, Sudan, Somalia, Sierra Leone, etc have lasted decades, and places like the DRC are prone to periodic outbursts of relentless violence. The result has been undermining Africas efforts to ensure long-term stability, prosperity and peace for its peoples. It means that despite Africa being the richest continent in this world, we continue being poor, easy to manipulate, and recipients of aid from the same exploiters. In fact, most of the aid never helps us develop and be self-reliant: most of it goes back as salaries of the experts, is used to buy machinery, arms, (or even pay debts) etc from the donor countries, or is stolen by our leaders

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These differ from country to country and reflect the diversity of the continent. But we can generalize as below: A. HISTORICAL LEGACIES Political Effects of the Berlin Conference of 1885 and its aftermath. a) Kingdoms, states and communities arbitrarily divided; and unrelated areas and peoples similarly joined together (Students to state the communities in Kenya and elsewhere who were divided or brought together by colonialist) b) In the 1960s (and after), the African states inherited these colonial boundaries, together with the challenges and legacy posed to their territorial integrity and their attempts to achieve national unity. c) Note in particular that some of the colonial framework and institutional arrangements were designed to exploit local divisions not overcome them. d) The newly independent states, in their attempt to address these issues, went for what they called national unity characterized by heavy centralization of political and economic powers; and suppression of political pluralism. e) Predictably, political monopolies led to corruption, nepotism, complacency and abuse of power. Soon after independence, the idea of adjusting the colonial boundaries was raised and dropped as immediately as too hot to handle. As a result, a) In 1963 the Organization of African Unity (AOU) decided to accept the colonial boundaries as they were; b) Whenever the issue of adjustment comes up, the continent shivers, and any attempt to exercise the right to self-determination (in other words, secession), is brutally suppressed or threats applied (e.g. Biafra, Somaliland, Eritrea, Sudan, etc). However, even though the matter of readjusting the boundaries is certainly no longer on the table, the challenge of forging genuine national identity from among disparate (dissimilar) and often competing communities has remained. It is also important to note that: a) Quite a number of African states are not viable economic entities (examples?) and many depend on outside aid for their survival. 44

b) The divided Africa is exploitable and made to fight against itself hence weakening it even more c) Hence the on-going clamour for a United States of Africa but which is held back by: Narrow nationalism and selfishness Inability/ unwilling to commit resources for it, etc, and Maybe even by outside pressure not to unite Economic/Commercial Distortions The character of the commercial relations instituted by colonialism also created long-term distortions of the political economies of the Africa states. a) Transport networks and related physical infrastructure: these were designed to make trade with colonial metropolitan countries easier instead of supporting balanced growth of indigenous economies. (Examples: Capital cities at the coast instead of inside the countries (with now some countries trying to adjust this: Tanzania, Nigeria, Nairobi (an accident of history), etc Railroad networks - from the coast to interior Huge airports but virtually no other infrastructure internally) b) Economies skewed towards extraction of raw materials and primary commodities for export that stimulated virtually no demand for steady and widespread development of skills and educational levels of the workforce. Note the economic principle of comparative advantage (you engage in the economic activity you can do best) implemented vigorously but all in favour of the colonial masters: colonies to produce raw primary materials (cash crops; timber rubber etc and minerals) development of manufacturing enterprises suppressed only the metropolis to process the raw materials into finished good (hence starting and sustaining their industries despite having very poor resource base) and then sell the finished good back to the colonies at high prices c) These same patterns spilled into post-colonial period: Internally we have differing development patterns with those parts with cash crops, minerals, etc favoured with infrastructure and also more cash in peoples pockets, etc 45

 Also there is acute competition for the few remnants of the colonial economy and using these for political/factional advantage. (See, for example, the move KCC to KGGA and back to KCC) b) If the economy had a wider base, perhaps there would have been no need to grab the few state-owned industries The result of all this has been political instability as we compete for these limited resources. D) ECONOMIC FACTORS Africa is still a very rich continent despite devastation by war and general misuse of these resources. In fact, many of our wars have been for control of those resources: diamonds in DRC, Sierra Leone, Angola and Liberia. In their turn, these minerals have helped pay for the wars. a) Many local protagonists benefited greatly from the illegal mineral and timber trade, looting state coffers, etc - and hence wanted the conflict prolonged as long as possible. b) However, those who benefited most were the international arms merchants selling arms to whoever would buy, often on both sides of the conflict. Note the economic principle of comparative advantage (you engage in the economic activity you can do best) implemented vigorously but all in favour of the colonial masters: colonies to produce raw primary materials (cash crops; timber rubber etc and minerals) development of manufacturing enterprises suppressed only the metropolis to process the raw materials into finished good (hence starting and sustaining their industries despite having very poor resource base) and then sell the finished good back to the colonies at high prices d) These same patterns spilled into post-colonial period: Internally we have differing development patterns with those parts with cash crops, minerals, etc favoured with infrastructure and also more cash in peoples pockets, etc

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 Also there is acute competition for the few remnants of the colonial economy and using these for political/factional advantage. (See, for example, the move KCC to KGGA and back to KCC) b) If the economy had a wider base, perhaps there would have been no need to grab the few state-owned industries The result of all this has been political instability as we compete for these limited resources. Support of undemocratic and oppressive regimes During the Cold War, the needs of the bigger powers ensured that a) Africa continued to be divided and fighting this time for ideologies few of us understood b) Regimes that were undemocratic and oppressive were supported and sustained to serve the ends of the super powers (e.g. Dictators such as Mobutu of DRC; Haile Selassie and later Mengitsu of Ethiopia and Said Barre supported by the US and the last two later by the Soviets) c) African states found themselves involved in brutal wars against one another, basically as proxies for the super powers (Examples: The war between South Africa and Angola; Somalia and Ethiopia; etc) d) Sometimes the same regimes have supported the same warring countries at the same time (e.g. Ethiopia and Somalia by both Us and Soviet Union) e) African states became recipients of arms at extremely high cost in several ways destabilizing instruments internally and with neighbours creating the need to maintain highly expensive and unproductive standing armies, both being major drain of the limited resources available to the nations, and without any apparent benefit, e.g. for recently South Africa already the biggest armed force in Africa - reequipped its navy at a very high cost while most of its citizens have no running water, electricity, etc f) When the Cold war ended, the African states were suddenly dropped and had to fend for themselves. Without the external handouts, none of the states could sustain the economic lifestyles they had become used to Few could manage to hold on their political power hence lots of internal unrest and violence followed by coup dtat all over: Somalia, Ethiopia, the DRC, Mozambique, Sierra Leone, etc) 47

g) Despite the institution of a number of peacekeeping mechanisms, continued disagreements and indifference (as far as Africa was concerned?) at the UN and its failure to act decisively meant that once again Africa was left on its own, for example: Failure to restore peace in Somalia led to the international community having little faith in its ability to keep peace and hence largely withdrew; That failure led to the UN and other powers just standing by while genocide went on first in Rwanda and then in Sierra Leone, and currently in Darfur and Somalia with millions being killed. INTERNAL FACTORS But Africas problems are not all historical. Africa needs to examine itself, as it is also a major source of its current problems. The nature of its political power together with the real or perceived consequences of capturing and maintaining power is a major cause of conflict in virtually all the African states. African political power is characterized by a) Winner-takes-all phenomenon with respect to political power, wealth and resources, patronage, and the prestige and the prerogatives of office. b) Hence, the communal feeling of having been advantaged or disadvantaged the my-people-must-also-eat/we-are-being-finished syndrome. c) Situations where there is limited accountability by leaders, lack of transparency in regimes, inadequate checks and balances, non-adherence to the rule of law, absence of peaceful means to change or replace leadership, and lack of respect for human rights.

b) In such situations, political control becomes exceedingly important; and the stakes become dangerously high. c) The situations become exacerbated when as is often the case in Africa the state is the main provider of employment; is the controller of all political power through a one-party state, or 48

 political parties are either regionally or ethnically based the level of literacy and general enlightment and empowerment on issues at hand is low In such cases, the multi-ethnic character of African states makes conflict even more likely leading to often violent politicization of ethnicity; or in more extreme cases to the perception that a communitys security and even the very survival can only be guaranteed by the capture and control of state power. doors to negotiation get closed tight In such circumstances, conflict is virtually inevitable. EXTERNAL FACTORS During the Cold War, external efforts to bolster or undermine African Governments were familiar features in the super power competition. Obviously these interventions have diminished with the end of the Cold War but not disappeared. 1) Super Powers a) Super powers are heavily involved in African as they compete for oil and minerals of all kinds and also as they try to maintain global political control; and we have become swallowed into this: Their interventions have both positive/negative effects on political, security and economic policies of most states. Their interventions also have major roles either in suppression or maintaining conflicts in our continent. b) As Kenyans, we need to ask ourselves why we have become a terrorist target. What is the root cause of this very expensive phenomenon? Are there any external relations we need to review? 2) African States Themselves But foreign interventions are not limited to sources outside Africa. An African state may believe that it is to its interest to influence a neighbours war either by supporting internal groups; or taking part directly. In fact the number of states involved in supporting, and sometimes even instigating such conflicts are many. (Examples from the students)

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To their credit, African states have instituted peacekeeping and conciliation mechanisms, though these are often weak and underfunded and hence ineffective Particular Situations Besides the factors discussed above, some specific areas have many specialized factors that may cause conflict. a) For example the competition for scarce land and water resources in countries that are over populated, or where waves of displacement has several families claiming the same piece of land, eg. Rwanda, and could we say the Kenyan Rift Valley? b) In countries with minerals or special other gifts (e.g. our game reserves, the Mombasa Harbour and tourist potential,) local people often claim that they do not adequately reap the benefits of their God given resources; or they suffer greatly from fallout of the exploitation of the resources (e.g. being displaced to allow mining or flooding a river basin for power that usually goes to the capital, etc) c) In North Africa, a major source of potential and also actual tension are the strongly held opposing visions of society, for example, between those leaning towards separation of state from religion and those who wish that the state be run on religious lines.

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LECTURE SIX ENABLERS AND CONSEQUENCES OF CONFLICTS IN AFRICA: SALW LECTURE OUTLINE A) In this lesson we will consider particularly the availability and consequent use of Small Arms and Light Weapons (SALW) as items of violence in Africa. But even before concentrating on Africa, we need to note these key facts: a) That arms trade is big business; b) The 3rd world is often the destination of this arms sale as the Control Arms Campaign highlights graphically in the figure shown below. c) The US is the largest Worlds Arms Merchant selling U.S. $18.6 Billion Worldwide in 2000, with $12.6 Billion to Developing Countries; amounting to almost 40% of all the sales d) The 5 permanent members of the Security Council (USA, Britain, France, Russia, and China) are the top beneficiaries of the arms trade, with other European countries and a few other countries making up the balance. e) The control of the arms trade is weak with many loopholes: with many crooked merchants and hence lots of arms are in the wrong hands. http://www.globalissues.org/Geopolitics/ArmsTrade/BigBusiness.asp

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B)

a) Source: http://www.controlarms.org/the_issues/movers_shakers.htm C) In this lesson we will consider particularly the availability and consequent use of Small Arms and Light Weapons (SALW) as items of violence in Africa. 6.3 Definition of Small Arms and Light Weapons (SALW) Class discussion: What are the SALW? It is generally accepted that: i) ii) Small Arms and Light Weapons (SALW) include revolvers, self-loading pistols, rifles and light machine guns; and Light Weapons include heavy machine guns, hand-held under-barrel and mounted grenade launchers, portable anti aircraft guns, portable anti-tank guns, recoilless rifles, portable launchers for aircraft and anti-tank rockets and missile systems and mortars of calibre less than 100 mm. 52

iii) 6.4

The category also includes the different kinds of ammunitions and explosives such as bullets, missiles, grenades, etc that are usually used with the above weapons. The Magnitude of the problem caused by SALW 639 million SALW were currently in circulation in the world Civilians held almost 2/3 of these with at least 370 million firearms (100,000 in Turkana and neighbouring Kenyan districts alone!) In addition to existing arsenal, more arms were being manufactured, sold, transferred and transported daily by the more than 1000 companies in at least 98 countries around the world In Africa, Egypt and South Africa are the only producers of the small arms. South Africa, by far the largest producer and exporter in the region, exported arms and ammunitions worth $ 23 million between 2000 and 2002.

A 2002 SALW survey estimated that:

Small arms and light weapons are regarded as the Africas weapons of arms of destruction . Every conflict in Africa has been awash with SALW with the growing availability of small arms being a major cause of most of incidences of internal conflicts. 6.5 Reasons for Proliferations of Arms in Africa Long simmering ethnic conflicts for land and other resources long held in check by colonialism and dictatorial regimes erupted into armed conflicts after the fall of colonialism and those regimes The destabilising effect of the Cold Wars proxy wars that led to the influx of a considerable amount of firearms and ammunition in this period The fall of governments throughout the continent (Uganda 1979 and 1986), Ethiopia (1991) and Somalia (1992) along with the continued conflicts in Liberia, Sudan, Ethiopia/Eritrea and DRC have seen Africa awash with arm in the hands of ill-trained persons who have included many children The incapacity of governments to manage their stockpile facilities and the lack of appropriate legislation and capacity to stop the illicit transfer of small arms and light weapons especially through the many porous borders The failure to remove and destroy illicit and surplus firearms and ammunition hence feeding a vicious circulation of arms that move from one conflict to the other. There are various factors that explain the proliferation of arms, including

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Effects of SALW Individual Insecurity The effects of the SALW in the region are two fold that could be seen singly but in effect are highly linked in one continuum of violence: i) ii) Effects linked to obvious armed conflict that is driven by political, ideological, ethnic or religious reasons; and Individual insecurity in terms of armed violent crimes and banditry in both urban and rural areas. The combined effect of these two factors has been staggering in Africa. Africa has lost over 6 million soldiers and civilians in combat zones since 1950s mainly caused by SALW. Over 30 million African people have been permanently displaced a very cruel act indeed Millions of other families have been decimated by terror tactics or armed bandits. For example, a survey shows that almost 60% of all war injuries in Sierra Leone were gunshot related, 11% of all the victims were under 15, and 43% were women.

Many have been starved to death with their food destroyed or stolen Many communities have faced challenges of armed cattle rustlers and other armed groups taking whole harvests and everything with them Refugees have been cut off from humanitarian food supply or this stolen by armed bandits Increasing violence and fatalities caused by armed criminals in urban and rural areas It is quite obvious that the growing availability of small arms has been the main cause of all these internal and some across-the-border conflicts. The SALW exacerbate conflicts by increasing the lethality and duration of violence, which leads to a greater demand for weapons. Effects on Refugees and Internally Displaced Peoples (IDPs) The presence of small arms aggravates forced displacement patterns. For instance i) In 2004 there are 5.7 millions refugees and internally displaces people in the world with 3.25 million of these being African. In our Eastern African region, these included 280,000 Eritreans in Sudan; 54

 300,000 Angolans in Zambia , DR Congo and Namibia; 300,000 Burundians in Tanzania, DR Congo and Rwanda 270,000 Somalis in Kenya, Yemen, Djibouti and Ethiopia. 350,000 Kenyan IDPs only this January 2008, with some across the border in Uganda ii) iii) These refugees put on pressure on the hosting countries, and many bring with them lots of arms etc all against the laid down international regulations. Bandits, and criminals who in the past may have carried out cattle raids and looting in pastoral communities in Ethiopia, Somalia, Kenya, Sudan and Uganda have resorted to increased levels of violence including the use of systematic rape and killing to drive people from their homes and communities. iv) Communities displaced by such violence are not only threatened by death/injury, but also the ongoing threat of violence bars them from access to food, shelter, health care, education, and other basic needs. v) Such displaced people, who were once independent and productive, become dependent on international and national bodies leading to loss/cession in their production, development and self-esteem. vi) Militarization of refugee and IDP camps has become serious problem for the international community. The safe havens created to aid victims of war have instead becoming breeding grounds and rest areas for armed groups. The insecurity in the camps, can pose a threat to regional stability, as camps become marketplaces for arms that fuel civil wars, crime and terrorism. vii) It also makes local populations have negative attitudes against refugees thus denying them the sympathy they need in their land of refuge. Increased Number of Children in War

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 UNICEF estimates that over 3 million children were killed in armed conflict in the 1990s, many through SALW. Despite international convention prohibiting the use of children as combatants, more than 300,000 children under 18 years old are involved as child soldiers in various wars around the globe almost 100,000 were Africans. The simplicity of use of small arms and their proliferation turns young children into deadly killers. Moreover, children are easily exploited into merchants of death if they are poor, separated from their families, displaced from their homes and living in combat zones many times these conditions themselves being the result of SALW. In some countries, girls involved in combat may be raped or given as wives to officers. Underdevelopment and Loss of Human Capital The widespread availability of SALW can have serious negative consequences for development in many ways, especially when these arms fall in the wrong hands. The insecurity they cause does not give impetus to growth and development of economies. This is particularly so in rural areas and townships where people are normally poor, most insecure and easily terrorized, leading to i) ii) iii) iv) v) Poor agricultural production and the resultant poverty Disrupted pastoral production through cattle rustling Reduced capital investments, creation of employment and movement of labour Wasted resources through destruction of property, for example, through burning of homes, businesses and pastures Undermining state and peoples efforts to uplift these marginalized communities to sustainable levels of self-reliance, thus perpetuating the cycle of poverty and further violence. Continued Use of SALW for Economic Gain It is important that all SALW are removed from the former combatants and society as a whole in post-conflict situation - else these arms become i) Items of economic gain and personal security, thus perpetuating general climate of insecurity, fear and SALW related casualties. Experiences from a number of countries outside Africa show that SALW related casualties declined by only 30-40% years after the height of active violence. Hence the need for total mop up.

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ii)

Even in countries such as South Africa, Brazil and Jamaica, which have no recent violent conflict but where small arms are readily available, the human cost of SALW is high through injury and death. 48% of all homicide cases in these countries involved small arms.

iii) iv)

It is estimated that 22 out of the 34 countries that are furthest away from achieving the Millennium Development Goals (MDGs) are affected by current or recent conflicts. Social impacts of such conflict include withering of social structures, mass mobilisation of refugees and armies for no productive purposes, limited access to food and clean water facilitate due to destruction and neglect, and related conditions where disease is ripe. For instance, during the DRC civil war of 1998-2002, an overwhelming majority of the 3.3 million deaths were not directly related to war but to war exacerbated malnutrition and disease. 1) Anup Shah (June 2007): The Arms Trade is Big Business: http://www.globalissues.org/Geopolitics/ArmsTrade/BigBusiness.asp

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LECTURE SEVEN THEORIES AND TECHNIQUES OF CONFLICT RESOLUTION

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In our discussion of the source and nature conflict we noted the following: a) The approach that conflict arises from a perceived incompatibility of the goals, for example when one or two parties strive at the same moment in time to get hold of some scarce resource for example the only one seat available in a constituency or the only one State House we happen to have. We also have noted that for scarcity on its own is not enough for conflict : there needs to be three other basic requirements for there to be conflict actors/parties, issues and actions. b) Social actors are needed and they need issues of contention usually of two kinds; Contention over materials - such as border disputes, control of water sources, control of the State House and the associated power, etc Contention over issues ideology, religion, preservation of some cultural traits, etc b) But we also noted that in fact the goals could be thoroughly compatible the problem being due to misinformation, cultural misunderstanding, or misconception, etc. c) We have also noted the approach that conflict is inbuilt in the unfair and unjust relationships in society. d) We have also noted that although many situations have the potential of breaking into a conflict, they actually do not, as the oppressed party may fail to perceive its own dependence (on the other party) and the unequal treatment by that party. (For example, the phenomenon of the happy slave). However, an analysis of various conflicts around the globe shows that many conflicts are dynamic processes that can be explained only through a mixture of both Subjective features, such as identities, needs and interests) and Structural ones, that is, unequal distribution of available resources. In any case, if the ultimate human desire is freedom and empowerment to be what one could be that is to exploit ones full potential any relationship that negates this (for example, failure of various national parties to cooperate for whatever reason, or unequal access to opportunities and resources, and where your win is my loss), then there is potential for conflict, whether or not the parties have acknowledged it. 7.3 Definition of Terms in Conflict Resolution

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a) We begin by noting that due to its interdisciplinary nature and proliferation of agencies and persons involved, the subject matter of managing conflict is fraught with conceptual and definitional difficulties with many terms such as conflict prevention; conflict management; conflict resolution; and conflict transformation that certainly have different meanings now being used interchangeably. So we begin by trying to define these terms. Conflict Prevention: In theory and ordinary language use, the term prevention denotes anticipation of conflict to ensure that casual grievances do not escalate to full blown conflicts; or to curtail re-emergence of violent exchanges; or both. But theoretically, anticipation as such cannot prevent a non-existent conflict - but rather the aim is to resolve a conflict at hand or to prevent escalation. In such circumstances, change is usually necessary, e.g. creation of new institutions, revitalizing processes, or even power sharing. Conflict prevention as an approach relies heavily on accurate analysis of any latent or minor dispute in the hope of identifying appropriate strategies for resolution or intervention. These early warning systems are complex and expensive and may include fact-finding missions, consultations, inspections, report mechanisms, and monitoring. Hence, despite our increased technical capacity and human ability to identify deadly conflict before they explode, as well as the knowledge of the likelihood of extreme costs in life, social cohesion, and regional instability conflict prevention remains in the realm of theory more than practice. 60

For instance: How do you judge that a particular party intends a pre-emptive action? At what stage of a possible conflict do you intervene? What right humanitarian, moral or other does anyone have to intervene even before an attack occurs? How do you ensure that intervention does not cause more conflict? Might such excuses not lead to unjustified attack on others/to even scores/to attack for your own gain? For these reasons, the responsibility of conflict prevention is increasingly seen as that of international bodies or national-states assumed to be neutral to the given conflict. 2. Conflict Management

Conflict management is an interventionist effort towards preventing escalation and negative effects, especially violent ones, of ongoing conflicts. Note: a) Rarely are conflicts completely resolved. Often they are reduced, downgraded or contained (= preventing or limiting expansion of an adversarys geographical or ideological influence). b) Such developments (reduction, downgrading or containment) can then be followed by a reorientation of issues, reconstitution of the divisions among conflicting parties, or even the emergence of past issues or grievances This shows that conflict management, when actively conducted, is a constant process. In fact, society is constantly managing conflicts as they occur; and only when conflict becomes national in nature that government assumes the task - provided it is not a party to the conflict. Techniques in conflict management A variety of techniques have been identified and employed in conflict management effort, namely: a) First, conflicting parties are brought together to establish mutual agreement b) Second, government or third parties to the strife may directly intervene to introduce or impose a decision c) Third, new initiatives, programs or institutional structures (for example, elections) are implemented to address the conflict in question 61

d) Fourth, contending parties are forced or coerced to utilize previously established means for conflict resolution or containment e) Fifth, government or another third party may use coercion to eliminate or instill fear among one or all those engaged in a given conflict, thus leading to subsidence. As can be noted and as contrasts with conflict resolution that goes to the root cause of the conflict - management attempts to keep conflict within bounds, to prevent from escalating. This has been the case with many peacekeeping missions that help in reducing or halting the conflict while waiting for other strategies to resolve the conflict. 3.Conflict Resolution Conflict resolution has been defined as consisting of a) changing reality e.g. by reducing scarcity or changing the casual links that caused conflict in the first place; or changing the demands of the actors (by compromise, persuasion, or even manipulation) to the extent that the newly acquired distribution of values is generally acceptable to all actors in the dispute. Conflict resolution can also be defined as finding a solution to the basic incompatibility between the relevant parties in such a way that they (voluntarily) express their satisfaction with the outcome. Conflict resolution is multifaceted terms that refers to a process, a result, and an identified field of academic study, as well as an activity that persons and communities engage in every day without ever using the term. The antagonism in question may involve Interpersonal relationships Labour-management issues Business decisions Inter-group disputes Disagreements between states, or International quarrels

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But, although the term conflict has a negative connotation, we know that not all conflicts are harmful. Some may constitute essential creative elements for changing society, and also Help in achieving the goals and aspirations of individuals and groups at all the above levels. Conflict resolution involves Recognition by the clashing parties that either of them has interests, needs, perspectives, and the need for continued existence. Identifying what among these is the underlying causes of the conflict and addressing them through solutions that are mutually satisfactory, self-perpetuating and sustaining. Note that serious challenges in conflict resolution are found when parties, for various reasons, favour continuation of conflict over its resolution. In such circumstances, the role of external parties can be critical in: Creating a balance of power Enacting sanctions or incentives, or Acting as neutral mediators or interested facilitators 4. Conflict Transformation CT refers to outcome, process and structure-oriented long-term peace building efforts that aim at truly overcoming all forms of revealed direct, cultural and structural violence. It hence calls for change in The general context in which conflict occurs The contending parties The issues at stake The processes or procedures governing the predicament, or The structures affecting any of the aforementioned. 7.4 The Nature and Role of the Third Party in Conflict Resolution

In many instances, parties in conflict are unable to reach agreement concerning their problems. In such circumstances, a third party would be of help. Studies have been carried out on the characteristics of this third party especially as it concerns its impartiality/neutrality; and the effect of such impartiality to the outcome of the conflict

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Noting the complexity of world conflicts, it is important to note that being partial or impartial will be dictated by the three factors: The nature of the conflict The nature of the third party itself The complexity of conflict and its resolution strategies Let us look at these in turn. a) The nature of the conflict Conflicts are not static and often the nature of a conflict changes demanding different approaches. For example, if the third party had taken a soft stand in the negotiations, it might be necessary to change tactics if one of the parties becomes uncooperative. b) The nature of the third party itself Those third parties without the necessary leverage to reach a successful outcome need to be seen as impartial or they will be rejected outright. These are usually private individuals, scholar-practitioner peace negotiators (Okumu in South Africa) or the many times the Quakers have offered themselves to broker peace) Partiality may be necessary (for those with the necessary leverage) when it can be of value in bringing resolution. Best examples of this is of the super powers, especially the USA, in the Middle East conflicts; and Kofi Annan in the recent conflict in Kenya under the 2005 UN Resolution (reaffirmed by the Security Council in 2006) popularly known as Responsibility to Protect (R2P) doctrine. This R2P doctrine provides legal basis in international law to override sovereignty as enshrined in the UN Charter, especially if a state fails to or is incapable of protecting its own people; or there is actual or a possibility of armed conflict; then the international community can legally intervene, in a spectrum that moves from mediation and sanctions to military intervention. (http://www.responsibilitytoprotect.org/ Also see: Africa Responsibility to Protect, Centre for Conflict Resolution, Somerset West, South Africa Cape Town, Seminar Report, 23-24 April 2007, where it is recorded African governments acceptance, though often rhetorically only, of the principle of sovereignty as responsibility, whereby regional African bodies could intervene if found necessary. c) The complexity of conflict and its resolution strategies But conflict is complex and dynamic requiring that its management be equally flexible and adaptable taking into consideration 64

 the nature of the conflict itself, the actors and how they influence each other as negotiations proceed, and the resultant changing circumstances of the particular conflict. In acknowledging this complexity and dynamism of conflict, literature has grouped conflict resolution strategies into three categories, Tracks I, II and III. 7.5 Characteristics of various Approaches to Conflict Resolution

a) Track I Activities Track I activities that range from official and non-coercive measures (good offices, fact-finding missions, facilitation of negotiations, etc), to more coercive measures such as sanctions, peace enforcement and arbitration. These activities are normally performed by politicians and military-leaders and/or representatives of the conflicting parties normally undertake these activities. Track I activities are normally a conflict settlement approach strategy that focuses on the direct violence and on its negative and destructive consequences. It is therefore necessarily a quick-fix outcome oriented approach meant to Put an end to direct violence through cease fire, etc Bring about sustainable win-win solutions, and/or Bring about some form of political agreement without necessarily addressing the root cause of the violence, and seemingly having a narrow definition of peace to be equal to lack of violence. b) Track II Activities Track II activities refer to all non-official and non-coercive activities such as consultations and mediation usually in workshops or round-table discussions. These activities are normally undertaken by private individuals, academics, voluntary organizations, etc. (For example, right now the Africa Peace Forum (a local Kenyan NGO) is requesting for experts to contribute to a research and policy dialogue project titled Building the Capacity for Sustainable Peace: Track II Diplomacy in the Sudan, whose main goal is to obtain the perspectives and insights of academics and practitioners on issues and challenges related to security issues under the Comprehensive Peace Agreement (CPA), for discussion at a round table)

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Track II activities are process activities that aim at addressing the underlying causes of direct, cultural and structural violence - that define power relationships within society. Track II conflict resolution strategies therefore Define the source of the conflict as the natural result of unmet human needs, such as security, identity, recognition, distributive justice, etc. Hence, conflict resolution can be found in taking care of the underlying needs of the participants. Hence, reframes the conflict as a shared problem of the antagonists who can be helped reach mutually acceptable solutions Avoids the zero-sum conflict management approach where your win is my loss, and sells the win-win solution While Track II does not aim at eliminating conflict as such, Its holds that conflict can be expressed in a non-violent manner. For this to happen, the conflicting parties need to be helped put their needs, fears, etc on the table for an in-depth analysis by all concerned in a synergetic manner. Also, the deepening of the conflict analysis and the widening of the strategies will open doors to other interested actors, such as from the civil society, academics, local and international experts, etc thus widening the space for more lasting solution. The very process of sustaining and developing a dialogue may constitute a form of successful outcome of conflict management, especially as it may point out common interests and shared needs leading to increased cooperation and communication. c) Track III Activities Track III activities - being the most recent addition refers to outcome, process and structure oriented long term peace building efforts, that aim to truly overcome revealed forms of direct, cultural or structural violence. goes beyond the horizontal relationships of Track II, that is, dialogue and cooperation of fairly equal actors in problem-solving workshops, etc Builds and creates vertical relationships that acknowledge the richness and the central role of peace-building process and structure initiatives that are undertaken by actors involved in grassroots training, capacity building and empowerment, 66

 human rights and development work, and humanitarian assistance.

7.6

Track III Activities and the Peace Theory

While these three approaches are important and each has a role to play in resolving conflict, it is important to note the close relationship of Track III activities and the peace theory - heavily influenced by the active non-violence principles of people such as Gandhi and Martin Luther King Jr. These activists saw conflict as a means of a) Bringing to the service contradictions in society for example, haves and have-nots, producers with little to eat, misuse of the environment by the powerful for their own benefit, etc; and, therefore, of b) The right for the deprived and marginalized people (and in extension, all people of conscience) to organize peacefully and in a non-violent manner - demonstration, strikes, non-cooperation etc - with a view to freeing themselves from the constraints of the exploitative and suppressive relationships that exist in society, so as to reach their full potential. This view that the protracted violent conflicts are a primarily results of unequal and suppressive social and political structures points to three possible solutions: a) recognition and empowerment of the deprived and marginalized groups so that they can start the process of their own emancipation; b) putting the appropriate pressure on actors in Tracks I and II to end violence and hence enter into good faith negotiations; and c) directing the huge resources now wasted in violent conflict into productive ventures to end human suffering that is widely acknowledged as the root cause of most violent conflicts D) But Local is Lekker (Good) However, from our study of conflict and peace theories we know that the most effective strategy in conflict prevention and resolution is local: a) It is necessary to acknowledge that every community has its own traditional strategies for conflict resolution, and that these are always at hand for peace 67

building. (For example, in Somalia, elders from a clan can exert their traditional authority to coerce parties to a settlement) b) The parties in a conflict are the experts in defining their needs and even on how to satisfy these. Solutions from elsewhere, if imposed wholesale, are likely to be rejected and fail. The role of third parties then can only be to assist in creating conducive environment for dialogue, help in clarifying procedures and keeping in check those who decide not to play by the rules. c) Accountable governance whereby citizens and groups have access to avenues and mechanisms of resolving the range of disputes and conflicts that ordinarily arise within societies d) Where the entire community of stakeholders - government, civil society, men and women, the private sector, CBOs, etc participate in seeking solutions especially where violent conflict has already occurred e) Where all communities without discrimination feel that they belong and are able to satisfy their normal needs by their own effort and without the need to result to extra-judicial means to lead a decent life.

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LECTURE EIGHT INDIGENOUS CONFLICT RESOLUTION STRATEGIES Introduction Africa is awash with a scourge of conflict and it seems as if the mechanisms mandated to address these disputes do not have adequate capacities to generate and sustain durable solutions. Hence a) The importance of the role of culture in conflict resolution and governance has become more prominent; and b) There is a growing school of thought that which maintains that indigenous approaches to peacemaking and traditional structures of leadership have a vital role to play in building of sustainable structures of governance Effect of Colonialism in Destroying Indigenous Institutions Colonialism played a major role in destroying these institutions that had served the African peoples admirably as means of their expression for millennia by a) Belittling them (and anything else African) including our religions, and instead imposed foreign systems and religions; though b) Where possible and convenient, colonialism also co-opted some of these indigenous mechanisms as part of their governance and dispute resolution to boost their rule. Africa and even a small country such as Kenya is large and is made up of a multiplicity of ethnic, cultural, religious and linguistic groups. The issue perhaps is a) Is it too late to think of incorporating various traditional ways of conflict resolution in a country such as Kenya in our laws? b) Is it feasible and what effect would it have to our national cohesion to have different communities governed by different sets of local laws (say as Moslems are today) and also be subject to centralized laws at another level? The Role of Culture in Conflict Resolution Yet, culture is at the centre of our being, it makes us who we are: It defines us and binds us together It helps us define what it means to be human; It helps us define what human relationship is or what it ought to be. 69

These notions feed into our attitudes and values which in turn, Form the norms under which we live and which we are proud to pass to our children; and also Determine how we interact with other people outside our own cultural setup. Although in Africa, like elsewhere in the world, different ethnic groups had their occasional quarrels, fighting to satisfy needs and wants, evidence is that a) there was much more cooperation and sharing - especially in times of need, such as famine, to the extent that no one went hungry while others had than fighting, and b) certainly there were never such bloody wars as we have seen in the civilized Europe with millions killed. This points to the truth that a) we had systems of value that helped us live harmoniously and that emphasized sharing and equitable distribution of resources; and that b) there is the need to revive the more progressive cultural attitudes and values that can foster a climate in which peace can flourish. Revitalizing Conflict Resolution through Indigenous Institutions: What is the case for Kenya? It goes without saying that a) Many of our post-colonial governments have behaved in ways that make them lack legitimacy in the eyes of their people, especially the poor and the marginalized and excluded minorities, such as women b) The distribution of available resources has favoured some area at the expense of others. c) In a country like ours where ethnic and regional identities are strong, attempts at the creation of mechanisms to address regional disparities for example the local authorities, special rural development programs such District Focus for Rural Development have failed In giving people at the grassroots greater autonomy and self-rule especially on topics of local significance; While at the same time giving them an adequate level of representation at the national level so as to influence matters at that level also. In such a situation, the clamour for more autonomy, with the hope that this would give the people at the local level more justice and satisfaction, and 70

 hence reduction of conflict, and therefore enhancement of national peace, is nderstandable. A number of issues come to the fore in trying to address the shortcomings outlined above and in discussing whether or not indigenous institutions could help us in the search for more justice in governance - and hence enhance peace - at both the local and national levels. a) We begin by noting that most, if not all, indigenous peace making, and generally governance, institutions in Africa and elsewhere in the world were exclusive being essentially male dominated bodies that discriminated against women. In fact, there is a school of thought that the bad governance phenomenon in Africa and elsewhere in the Third World arises from these undemocratic indigenous structures! We therefore need to ensure that any local level institutions set up for governance and justice provide for own representation of women and the youth, besides the men. b) In any case, we need to ask ourselves whether or not there exist any genuine communal indigenous structures, their effectiveness and their relations with the structures that we have inherited from colonialism and that we have nurtured for over 100 years now despite their shortcomings. If none exists, perhaps then there is nothing to discuss in our case. c) Two further questions: How would such local level structures guarantee fairness and equity for all who fall under their jurisdiction? Since most likely they would be basically tribal, how would they contribute to national unity, cohesiveness and peace, given our very fragile ethnic relations? Do We Have a Working Example? Unfortunately, the examples that we have of local level governance and peace making mechanisms come from war-torn countries, such as Somalia, where a) Legitimate modern-day administrations including structures such as the military, the police and the law courts that used to maintain peace and security having collapsed; b) People have reverted to their traditions not by discovering that the old served them better, but rather as a means of survival in a chaotic and hopeless situation;

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c) In any case, these traditional structures have come under a lot of pressure in trying to operate beyond their traditional arena the very local level and having now to contend with very difficult new conflict circumstances (for example, lack of the rule of law internally and external interference and attacks, - hence necessitating the creation of modern state structures, such as military and armament) changing socio-economic circumstances such as urbanization, youth culture and globalization) In the case of Somalia, generalization is limited by the fact that virtually all the people also confess one faith, Islam, which has also been credited with ensuring cohesion at the local level though not so at the national level.

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LECTURE NINE THE RESPONSIBILITY TO PROTECT How did the concept of the nation state come about? Why and how does it have a responsibility towards its citizens? Key points: a) 1648 Peace of Westphalia (based on territorial integrity, order and stability guaranteed by a state monopoly on the use of force 1). The basic principles of self determination, legal equality among states, non-intervention in internal affairs of another state. In other words, a countrys Sovereignty was to be sacrosanct. And to prevent for the future any Differences arising in the Politick State, all and every one of the Electors, Princes and States of the Roman Empire, are so establish'd and confirm'd in their antient Rights, Prerogatives, Libertys, Privileges, free exercise of Territorial Right, as well Ecclesiastick, as Politick Lordships, Regales, by virtue of this present Transaction: that they never can or ought to be molested therein by any whomsoever upon any manner of pretence.2 In other words, anyone who paid loyalty to the state was in return protected by the state. b) 1948 UN Charter Article 2:1 - 1. The Organization is based on the principle of the sovereign equality of all its Members. c) Kenyan Constitution Chapter 1 Wako Draft - All sovereign authority belongs to the people of Kenya and exercised only in accordance with this Constitution. Through their own volition, the people enter into a CONTRACT through which they surrender some of their sovereignty to the government in exchange for agreed services. QUESTION 1: Use the example of post election violence. Why did the government try to stop the violence first with the police and then the military? QUESTION 2: Is sovereignty such a wonderful thing? 9.3 What is the Responsibility to Protect? An emerging legal norm

Marc Saxer, Security Governance in a post Sovereign World, in International Politics and Society, Security Governance issue, 3/3008, 28. 2 Article LXIV, Treaty of Westphalia, International Relations and Security Network, 15.
1

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It could be argued that the peacekeeping operations (all generations) were an earlier form of R2P, in as much as they were foreign interventions to breaches of and threats to international peace and security.

Resulted from a challenge by former SG Kofi Annan on how we are to address gross violations of human rights war crimes need a war, and can be committed by civilians or military. crimes against humanity can be in peacetime, committed by civilians or the state.

Statute of the International Criminal Court in Rome, July 1998, after ad-hoc courts International Criminal Tribunal for the former Yugoslavia - ICTY (1993) and International Criminal Tribunal for Rwanda - ICTR (1994).

Article 8 of the Rome Statute: War crimes include: rape, sexual slavery, enforced prostitution, forced pregnancy or other forms of sexual violence; using children under the age of 15 to participate actively in hostilities.

Article 7 of the Rome Statute: Crimes against humanity include: murder; extermination; enslavement; deportation or forcible transfer of the population; imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; torture; rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in Article 7 of the Statute or any crime within the jurisdiction of the Court; enforced disappearance of persons; the crime of apartheid; other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. Article 6: (reiterates 1948 Convention of Prevention and Punishment of the Crime of Genocide) Genocide is defined as any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group: killing members of the 74

group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; forcibly transferring children of the group to another group. Canadian Govt formed International Commission on Intervention and State Sovereignty (ICISS) which brought together eminent international personalities such as Cyril Ramaphosa (South Africa), Gareth Evans (Australia), Mohamed Sahnoun (Algeria), Michael Ignatieff (Canada) etc, who consulted on every continent and resulted in the 2001 Report of the ICISS on the Responsibility to Protect. It states that when a population is

suffering serious harm resulting from internal war, insurgency, repression or state failure, and the state is unable or unwilling to act to prevent or protect its peoples, the international community has a moral (note, not legal) duty to intervene to halt or avert the atrocities.3 R2P also broadens the responsibility of the international community to encompass the responsibility to prevent armed conflict, react to the situation in the event that prevention has failed, and finally to rebuild after the conflict has subsided Criteria for military intervention: Right authority (Security Council), Just cause (large scale loss of life, ethnic cleansing), Right intention (not for resources, expansion of borders, regime change (though some disabling is ok) coalition, if locals want it,), Last resort (when all else fails and violence is imminent or occurring),

International Commission on Intervention and State Sovereignty, The Responsibility to Protect - Report of the International Commission on Intervention and State Sovereignty , International Development Research Centre, (December 2001), XI.

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 Proportional means (scale, duration, intensity) Reasonable prospects (of success, the principle of Do No Harm4) 9 JUST CAUSE is:

1. Large scale loss of life, actual or apprehended, with genocidal intent or not, which is the product either of deliberate state action, or state neglect or inability to act, or a failed state situation; or 2. Large scale ethnic cleansing, actual or apprehended, whether carried out by killing, forced expulsion, acts of terror or rape. Ethnic cleansing includes the systematic killing of members of a particular group in order to diminish or eliminate their presence in a particular area; the systematic physical removal of members of a particular group from a particular geographical area; acts of terror designed to force people to flee; and the systematic rape for political purposes of women of a particular group (either as another form of terrorism, or as a means of changing the ethnic composition of that group. PRINCIPLES OF MILITARY INTERVENTION: a. Clear mandate and resources (unlike peacekeeping) b. Unity of command and clear and unequivocal communications (unlike Somalia in 92) c. Acceptance of limitations, incrementalism and gradualism in the application of force, the objective being protection of a population, and not defeat of a state. d. Rules of engagement are precise; reflect the principle of proportionality; and involve total adherence to international humanitarian law. e. Acceptance that force protection cannot become the principal objective. (MANDATE) f. Maximum possible coordination with humanitarian organizations. What IS protection? a) Over the past decade, the UN has been talking about and moving toward a culture of protection and covers
Paris Declaration on Aid Effectiveness http://www.oecd.org/dataoecd/11/41/34428351.pdf
4

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 rule of law, respect for refugees, sustainable livelihoods, access to justice, etc. b) 2001 - In his second report to the Security Council on the Protection of Civilians in Armed Conflict former UN Secretary General Kofi Annan defines protection as a wide range of activities that may include The delivery of humanitarian assistance; the monitoring and recording of violations of international humanitarian and human rights law, and reporting these violations to those responsible and other decision makers; institution-building, governance and development programmes; and, ultimately, the deployment of peacekeeping troops.5 c) In 1999, the ICRC brought together in Geneva a wide group of humanitarian and human rights agencies that arrived at a definition of protection by consensus. They concluded that protection is all activities aimed at ensuring full respect for the rights of the individual in accordance with the letter and the spirit of the relevant bodies of law, i.e. human rights law, international humanitarian law and refugee law. These activities include the preservation of a persons dignity and integrity, as well as ensuring their physical safety and providing for their material needs.6

United Nations, Report of the Secretary-General to the Security Council on the protection of civilians in armed conflict, 30 March 2001 (available at http://domino.un.org/UNISPAl.NSF/eed216406b50bf6485256ce10072f637/e8b5234d0339a2c385256c87005 49672!OpenDocument, downloaded 29 November 2007) 6 Sylvie Giossi Caverzasio, Strengthening Protection in War: a Search for Professional Standards. (Geneva: ICRC 2001) 19, quoted in Hugo Slim and Andrew Bonwick, Protection: An ALNAP Guide for Humanitarian Agencies, Overseas Development Institute (2005), 33.

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They then continue to state that human rights and humanitarian organisations must conduct these activities in an impartial manner and not on the basis of race, national or ethnic origin, language or gender.7 Why is R2P important? Due to the changing nature of war: War is increasingly within a countrys borders not across them ICRC notes that during the 1990s, the civilian population represented an estimated 80 percent of all victims of armed conflicts We are moving towards an age of collective responsibility, culture of protection, no more impunity (Never Again, Again though?)? How serious is R2P? It is very serious. No country is an island. a. Basically it suspends sovereignty. Heralded as a major breakthrough in international humanitarian law, along with the International Criminal Court means that all these ad-hoc courts (Yugoslavia, Rwanda, Sierra Leone, Cambodia8 can stop).

b. R2P was subsequently mentioned in 2004, 2005, 2006, 2007, 2008. i. The 2004 report by the UN High Level Panel on Threats, Challenges and Change, A More Secure World: Our Shared Responsibility . The Panel refers to a responsibility to protect of every state when it comes to people suffering from avoidable catastrophe.9 The Panel added that it endorse(s) the emerging norm that there is a collective international responsibility to protect, exercisable by the Security Council authorizing military intervention as a last resort, in the event of genocide and other large scale killing, ethnic cleansing or serious violations of international humanitarian law which sovereign Governments have proved powerless or unwilling to prevent.10
Ibid. Though Cambodia one is different from all others as the victim can actually come to court and accuse the perpetrator and ask them direct questions. 9 United Nations, UN High Level Panel on Threats, Challenges and Change, A More Secure World: Our Shared Responsibility (2004), 65, para 201. (available at http://www.un.org/secureworld/, downloaded 29 November 2007) 10 United Nations, UN High Level Panel on Threats, Challenges and Change, A More Secure World: Our Shared Responsibility (2004), 66, para 203. (available at http://www.un.org/secureworld/, downloaded 29 November 2007)
7 8

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ii.

Secretary General, Kofi Annan, in his 2005 report, In Larger Freedom: Towards Development, Security and Human Rights for All . He wrote: I believe that we must embrace the responsibility to protect, and, when necessary, we must act on it. This responsibility lies, first and foremost, with each individual State, whose primary raison d'tre and duty is to protect its population. But if national authorities are unable or unwilling to protect their citizens, then the responsibility shifts to the international community to use diplomatic, humanitarian and other methods to help protect the human rights and wellbeing of civilian populations. When such methods appear insufficient, the Security Council may out of necessity decide to take action under the Charter of the United Nations, including enforcement action, if so required.11

iii.

R2P was universally endorsed at the October 2005 World Summit, the Outcome Document (of all General Assembly members) stating that the international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and VIII of the Charter, to help to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity.12

iv.

2006 U.N. Security Council Resolution 1674, whereby the Security Council reaffirm(ed) the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity.

v.

UN Resolution 1706 on the deployment of a peacekeeping force to Darfur, Sudan, invoked the R2P principle for the first time.13

vi.

In February 2008, Secretary General Ban Ki-moon appointed a Special Advisor on the Responsibility to Protect at the Assistant Secretary-General level,

11

United Nations, In Larger Freedom: Towards Development, Security and Human Rights for All Report of the Secretary-General of the United Nations , (2005), 35, para 135. (available at http://www.un.org/largerfreedom/, downloaded 29 November 2007)
12

United Nations General Assembly 2005 World Summit Outcome, 15 September 2005, 30, paras. 138-139. (available at http://www.ony.unu.edu/seminars/2007/R2P/2005%20World%20Summit%20Outcome.pdf) (downloaded 20 June 2008) 13 International Crisis Group, Responsibility to Protect website section http://www.crisisgroup.org/home/index.cfm?id=4521&l=1

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working very closely with Office of the Special Advisor on the Prevention of Genocide.14 vii. At a regional level, Article 4h of the African Union Constitutive Act of 2002, states one of the principles of the Union as being (t)he right to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity.15 BUT What might be the challenges that a state may face in implementing R2P? Lack of capacity? Didnt know? Unwillingness over a foreseen quagmire? Lack of economic interest? Discuss - Darfur, Burma, Kenya, Zimbabwe, Somalia. a) Policymakers know far more about emerging crises than the international media do through their diplomatic dispatches. So NOT KNOWING IS NOT AN EXCUSE.

b) BBC journalist Mark Doyle writes that he received the most comprehensive briefing on the impending Rwanda genocide from an unnamed African ambassador in Kigali a few months before the presidential plane crash on 6 April 1994.16 This contrasts with the American diplomats who were still advocating peace talks while the massacres were already taking place.17 c) It is also now known that the Belgian diplomats and intelligence in Kigali had been sending information on the increasing tensions to Brussels for a year before the genocide.18
14

United Nations Department of Public Information, News and Media Division, New York Secretary-General Appoints Edward C. Luck of United States Special Adviser 21 February 2008 (available at http://www.responsibilitytoprotect.org/index.php/pages/1271 (downloaded 1 June 2008) 15 African Union Constitutive Act 2000 available at http://www.au2002.gov.za/docs/key_oau/au_act.htm (downloaded on 28 May 2008) 16 Allan Thompson, The Media and the Rwanda Genocide, Plato Press, (2007), 146. 17 Samantha Power, Bystanders to Genocide, The Atlantic Monthly, September 2001, in Gerald Caplan The Role of the Media in the Rwandan Genocide, Short Readings 3, University for Peace and Institute for Media, Peace and Security, (2005) 162. 18 Gerald Caplan, The Preventable Genocide, (2000) Chapter 9, 9.13.

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d) The United Kingdoms House of Commons International Development Committee admits as much in a post-fact report on the UKs involvement in Darfur.19 The Committee charges that Governments and politicians must not wait to act until images of death and destruction are on the TV screens. By then it is too late...Governments which are aware of emerging humanitarian crises have a responsibility to act in a timely manner, regardless of the level of media coverage, as indeed do humanitarian agencies.20

CHALLENGES: a) Full R2P = regime change Rwanda, Darfur. Holt argues that full scale interventions to protect civilians are likely to occur only in extreme cases and only for a limited time period. They could involve significant force and warlike tactics to eliminate the capacity of the killers or to halt violence quickly. Yet such interventions are not to defeat a designated enemy although that may be the strategy but to stop violence against a civilian population. 21 ICISS categorically says the aim of the human protection operation is to enforce compliance with human rights and the rule of law as quickly and as comprehensively as possible, but it is not the defeat of a state.22 b) Economic Interest: The interests that UN member states, particularly the vetocarrying Security Council members, have with states accused of war crimes and crimes against humanity. On Darfur for instance, China stands accused of reneging on its commitment to R2P to maintain access to Sudanese oil resources.23

c) No Political/Military Readiness to protect civilians: To date, there has not been a military mission whose core function has been the protection of civilians, and

19

House of Commons International Development Committee - Fifth Report printed 16 March 2005 (available at http://www.publications.parliament.uk/pa/cm200405/cmselect/cmintdev/67/6706.htm#a4, downloaded 17 June 2008) 20 Ibid. 21 Victoria Holt and Tobias C. Berkman, The Impossible Mandate? Military Preparedness, The Responsibility to Protect and Modern Peace Operations, The Henry L. Stimson Centre, September 2006, 185. 22 International Commission on Intervention and State Sovereignty, The Responsibility to Protect - Report of the International Commission on Intervention and State Sovereignty, International Development Research Centre, (December 2001), 67. 23 Peggy Hicks, Principled Leadership - A Human Rights Agenda for UN Secretary-General Ban Ki-moon, Human Rights Watch World Report 2007, available at http://www.hrw.org/wr2k7/essays/principled/index.htm

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furthermore, no military currently has a specific doctrine to stop genocidaires .24 (It is likely that special forces such as the French Legion may have the tactics, but clear instructions from politicians may be unforthcoming.) d) Coercive protection which Holt describes as operationalised R2P, is not business as usual for militaries as either combat or peacekeeping. Rather it requires forces to come between potential attackers and civilians, and carry out tasks that are not favoured by militaries such as forcible disarmament, maintaining safe areas and protecting humanitarian efforts and staff.25 ONLY - Mission des Nations Unies en Rpublique Dmocratique du Congo (MONUC), in English, the United Nations Mission in the Democratic Republic of Congo (DRC). Following a massacre in Bukavu in 2004, while only a few peacekeepers were present, the UN increased the force personnel and the troops have exploited their Chapter VII mandate to the maximum, engaging in fierce combat with rebel forces.26 Despite the fact that the MONUC mandate was a traditional peacekeeping one, the arrival of 16,000 internally displaced persons (IDPs) at their doorstep forced them to begin protecting civilians.27 e. Humanitarians do not like them: Reprisal attacks on humanitarian workers and other civilian populations, increased population displacement when MONUC engages in combat and the lack of cooperation from unarmed humanitarian agencies afraid to lose their access to vulnerable populations.28 f. R2P IMPLEMENTATION needs clarity of goal from the politicians to the military. R2P in Kenya - UN Security Council response
Victoria Holt and Tobias C. Berkman, The Impossible Mandate? Military Preparedness, The Responsibility to Protect and Modern Peace Operations ,The Henry L. Stimson Centre, September 2006, 103. 25 Thomas G. Weiss, The Humanitarian Impulse in The UN Security Council: From the Cold War to the 21st Century, David M. Malone, ed., Boulder: Lynn Reinner, (2004), 4748, in Victoria Holt and Tobias C. Berkman, The Impossible Mandate? Military Preparedness, The Responsibility to Protect and Modern Peace Operations , The Henry L. Stimson Centre, September 2006, 52. 26 Victoria Holt and Tobias C. Berkman, The Impossible Mandate? Military Preparedness, The Responsibility to Protect and Modern Peace Operations,The Henry L. Stimson Centre, September 2006, 165. 27 Victoria Holt and Tobias C. Berkman, The Impossible Mandate? Military Preparedness, The Responsibility to Protect and Modern Peace Operations ,The Henry L. Stimson Centre, September 2006, 173. 28 Victoria Holt and Tobias C. Berkman, The Impossible Mandate? Military Preparedness, The Responsibility to Protect and Modern Peace Operations ,The Henry L. Stimson Centre, September 2006, 175.
24

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UN agencies, the Red Cross and other humanitarian agencies were on the ground engaged in protection work, and responding to the crisis from the outset. a) The first statement from UN Secretary General Ban Ki-moon on the violence in Kenya came on 31 December, in which he deplores the loss of life, appealed to Mr Kibaki and Mr Odinga to resolve their conflict peacefully, and called on the security forces . to show utmost restraint and appealed to the population for calm, patience and respect for law.29 b) Two days later, a statement is released saying the Secretary General is increasingly troubled by the violence and shocked by reports that dozens of civilians were burned to death in a church in Eldoret, and that 300 people have now been reported killed in this deplorable outburst of violence .30 He is reported to be in touch with the principals and others on how to resolve the crisis. This is the same day that the New York Times carries a story with an inference to the Rwanda genocide. 1. On 11 January, with the death toll at 500, and 250,000 people displaced , the Secretary General urgently calls on both parties to resolve the differences through dialogue.31 2. He then visits the country on 1 February, and meets with the principals. At this point the number of dead is 800, and 300,000 people have been displaced . Importantly, this coincides with a statement by French Foreign and European Affairs Minister Bernard Kouchner expressing concern about the situation in the country, and specifically stating: In the name of the responsibility to protect, it is urgent to help the people of Kenya. The United Nations Security Council must take up this question and act.32
29

UN News Centre, Secretary-General calls for restraint from all in Kenyan post-election violence, 31 December 2007 http://www.un.org/apps/news/story.asp?NewsID=25189&Cr=kenya&Cr1=&Kw1=Kenya&Kw2=&Kw3= (downloaded 19 June 2008) 30 UN News Centre, Ban Ki-moon shocked by deadly wave of violence in post-election Kenya, 2 January 2008 http://www.un.org/apps/news/story.asp? NewsID=25194&Cr=kenya&Cr1=&Kw1=Kenya&Kw2=&Kw3= (downloaded 19 June 2008) 31 UN News Centre, As death toll rises, Ban Ki-moon calls for urgent solution to Kenya crisis, 11 January 2008 http://www.un.org/apps/news/story.asp? NewsID=25272&Cr=kenya&Cr1=&Kw1=Kenya&Kw2=&Kw3= (downloaded 19 June 2008)
32

French Ministry of Foreign and European Affairs, Violence in Kenya (January 31, 2008), Statement made by Foreign and European Affairs Minister Bernard Kouchner http://www.diplomatie.gouv.fr/en/country-files_156/kenya_209/situation-in-kenya-2008_6019/violence-inkenya-january-31-2008_10767.html (downloaded 19 June 2008)

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3. A presidential statement from the Security Council is finally released on 6 February. It voices concern over the violence and humanitarian crisis in the country, welcomes a roadmap to an agreement, supports Kofi Annans efforts, and announces that UN Emergency Relief Coordinator, John Holmes will be visiting the country.33 More than 1000 people had lost their lives, and over 300,000 displaced.34 POINTS OF NOTE: 1. Being that the Secretary General and other envoys were already engaging in talks with Mr Kibaki and Mr Odinga, these diplomatic efforts must be considered R2P. 2. However, the fact that R2P was only verbally mentioned when hundreds of people had lost their lives means that it has not yet become grounded within the Security Council, the primary organ that needs to be most attentive to it. 3. Mr Kouchner is a humanitarian at heart, having founded Medecins sans Frontieres, it is likely that he was already inclined toward R2P even before he became a member of a government with a seat on the Security Council. 4. If SC fails in its duty, options are: GA Uniting for Peace through Emergency Special Session OR regional/sub-regional initiatives (Chapter 8 of the Charter) for subsequent approval from SC. 5. The International Conference on the Great Lakes Region in the mid-1990s led to the Pact on Security, Stability and Development in the Great Lakes Region (Great Lakes Pact) in Dec 2006, Protocol on Non-Aggression and Mutual Defence says countries can act with notice to the AU and SC. What is the threshold for the Security Council to invoke R2P? How many more people need to lose their lives before the Security Council holds a discussion on halting the killings? (ICISS had recommended the GA define one).

33

UN News Centre, Kenya: Security Council voices concern over continued post-election violence, 6 February 2008 http://www.un.org/apps/news/story.asp? NewsID=25534&Cr=kenya&Cr1=&Kw1=Kenya&Kw2=&Kw3 (downloaded 19 June 2008) 34 Ibid.

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 2005 UN Commission of Inquiry on Darfur discovered that it was not genocide, but serious crimes against humanity had taken place. So what? ICC Prosecutor Luis Moreno Ocampos application to build a case against Sudanese President Omar El Bashir has triggered regional reaction. How will it play out? The Darfur Commission concluded that the Government of the Sudan has not pursued a policy of genocide. Arguably, two elements of genocide might be deduced from the gross violations of human rights perpetrated by Government forces and the militias under their control. These two elements are, first, the actus reus consisting of killing, or causing serious bodily or mental harm, or deliberately inflicting conditions of life likely to bring about physical destruction; and, second, on the basis of a subjective standard, the existence of a protected group being targeted by the authors of criminal conduct. However, the crucial element of genocidal intent appears to be missing, at least as far as the central Government authorities are concerned. Generally speaking the policy of attacking, killing and forcibly displacing members of some tribes does not evince a specific intent to annihilate, in whole or in part, a group distinguished on racial, ethnic, national or religious grounds. Rather, it would seem that those who planned and organized attacks on villages pursued the intent to drive the victims from their homes, primarily for purposes of counter-insurgency warfare. The Commission does recognise that in some instances individuals, including Government officials, may commit acts with genocidal intent . Whether this was the case in Darfur, however, is a determination that only a competent court can make on a case by case basis. The conclusion that no genocidal policy has been pursued and implemented in Darfur by the Government authorities, directly or through the militias under their control, should not be taken in any way as detracting from the gravity of the crimes perpetrated in that region. International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide.35

Report of the International Commission of Inquiry on Darfur to the United Nations Secretary General, Geneva 25 January 2005, 4.
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Resources: 1. International Commission on Intervention and State Sovereignty, The Responsibility to Protect - Report of the International Commission on Intervention and State Sovereignty, International Development Research Centre, (December 2001) http://www.responsibilitytoprotect.org/ (look under Core Documents). 2. Charter of the United Nations 1948 see particularly Chapter 1 Article 2, Chapter 6, Chapter 7, Chapter 8, Chapter 15 Article 99. http://www.hrweb.org/legal/unchartr.html 3. Treaty of Westphalia October 24 1648 http://se2.isn.ch/serviceengine/FileContent?serviceID=23&fileid=BD05098C2A1C-A7AC-9796-19E4BE38F0B8&lng=en 4. Report of the International Commission of Inquiry on Darfur to the United Nations Secretary General, Geneva 25 January 2005 http://www.un.org/News/dh/sudan/com_inq_darfur.pdf 5. AU Constitutive Act - http://www.au2002.gov.za/docs/key_oau/au_act.htm 6. Ezulwini Consensus, The Common African position on the Proposed Reform of the United Nations - March 2005. See page 6 Collective Security and the Use of Force. (attached). 7. Victoria Holt and Tobias C. Berkman, The Impossible Mandate? Military Preparedness, The Responsibility to Protect and Modern Peace Operations, The Henry L. Stimson Centre, September 2006. (Downloadable for free at http://www.stimson.org/pub.cfm?id=346)

8. Hugo Slim and Andrew Bonwick, Protection: An ALNAP36 Guide for Humanitarian Agencies, Overseas Development Institute (2005) http://www.odi.org.uk/ALNAP/publications/protection/alnap_protection_guide.pd 9. International Crisis Group, Responsibility to Protect website section http://www.crisisgroup.org/home/index.cfm?id=4521&l=1 10. International Refugee Rights Initiative, Aspects of the Emerging Legal Framework Bolstering the Responsibility to Protect in East Africa and the Great Lakes Region
Active Learning Network for Accountability and Performance in Humanitarian Action (ALNAP)
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 paper presented to a conference in Kampala 17-18 April 2008 http://www.refugee-rights.org/ 11. UN wins immunity in Srebrenica case Al Jazeera website http://english.aljazeera.net/news/europe/2008/07/200871013461784764.html Khmer Rouge victims given a voice in Cambodia trails International Herald Tribune article - http://www.iht.com/articles/2008/06/16/asia/cambo.php 12. New ICC Prosecution: Opportunities and Risks for Peace in Sudan ICG website http://www.crisisgroup.org/home/index.cfm?l=1&id=5572&m=1 13. Paris Declaration on Aid Effectiveness http://www.oecd.org/dataoecd/11/41/34428351.pdf 14. OCHA website Protection of Civilians in Armed Conflict http://ochaonline.un.org/HumanitarianIssues/ProtectionofCiviliansinArmedConflict /tabid/1114/language/en-US/Default.aspx

15. ICRC fact sheets: Punishing War Crimes: International Tribunals; The Statute of the International Criminal Court; International Humanitarian Law and International Human Rights Law (attached). ICRC International Humanitarian Law resources page: http://www.icrc.org/web/eng/siteeng0.nsf/iwpList2/Humanitarian_law? OpenDocument 16. On a UN standing army, see the 1992 Brahimi Report the Report of the Panel on United Nations Peace Operations at http://www.un.org/peace/reports/peace_operations/Source: http://www.controlarms.org/the_issues/movers_shakers.htm

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