Traditional Justice System and Conflict Resolution: Exploring the Pre-colonial Institutional Frameworks in Mamfe and Bakweri lands of Cameroon (Published)
The current paper is geared at establishing the historicity of the traditional justice system in Cameroon using the Mamfe and Bakweri experiences. It centers on how traditional justice was dispensed in certain specific areas in Cameroon. Before the introduction of Formal Justice Instruments, it is important to mention that different societies applied different instruments of justice. Justice systems were modeled based on cultural belief patterns. Every society in pre-colonial Cameroon had its unique instruments of dictating and punishing crime. These instruments were enshrined in the people’s culture and handed down from generation to generation. The recognition of these traditional instruments of justice was born out of the ever increasing acceptance of the validity and legitimacy of the adjudicative powers of traditional leadership. In some instances a word from majesty was law. To realize this study, an interdisciplinary approach is adopted to prop into traditional instruments of justice using the Bakweri and Mamfe areas as typical examples. A qualitative design was adopted to look at the various crimes that were committed in these societies and the punishments that were mated out depending on the nature and magnitude of the crime. From all indications the traditional society in the Mamfe and Bakweri areas were not lawless societies. The people upheld human right values through their traditional belief patterns and could dictate and punish crime accordingly. The spirit of fair hearing was accorded criminals before punishment was mated out and this was enshrined in the doctrine of the traditional councils and customary courts that were charged with the resolution of land disputes, marital conflicts and other crimes like theft. Colonialism came with its own judicial system but some of the customary legal practices have continued to survive like customary marriages that are still recognized even in the presence of modern patterns of marriage.
Keywords: Cameroon, Conflict Resolution, Mamfe and Bakweri lands, Pre-colonial Institutional Frameworks, Traditional Justice System
Traditional Justice System and Conflict Resolution: Exploring the Pre-Colonial Institutional Frameworks in Mamfe and Bakweri Lands of Cameroon (Published)
The current paper is geared at establishing the historicity of the traditional justice system in Cameroon using the Mamfe and Bakweri experiences. It centers on how traditional justice was dispensed in certain specific areas in Cameroon. Before the introduction of Formal Justice Instruments, it is important to mention that different societies applied different instruments of justice. Justice systems were modeled based on cultural belief patterns. Every society in pre-colonial Cameroon had its unique instruments of dictating and punishing crime. These instruments were enshrined in the people’s culture and handed down from generation to generation. The recognition of these traditional instruments of justice was born out of the ever increasing acceptance of the validity and legitimacy of the adjudicative powers of traditional leadership. In some instances a word from majesty was law. To realize this study, an interdisciplinary approach is adopted to prop into traditional instruments of justice using the Bakweri and Mamfe areas as typical examples. A qualitative design was adopted to look at the various crimes that were committed in these societies and the punishments that were mated out depending on the nature and magnitude of the crime. From all indications the traditional society in the Mamfe and Bakweri areas were not lawless societies. The people upheld human right values through their traditional belief patterns and could dictate and punish crime accordingly. The spirit of fair hearing was accorded criminals before punishment was mated out and this was enshrined in the doctrine of the traditional councils and customary courts that were charged with the resolution of land disputes, marital conflicts and other crimes like theft. Colonialism came with its own judicial system but some of the customary legal practices have continued to survive like customary marriages that are still recognized even in the presence of modern patterns of marriage
Keywords: Cameroon, Conflict Resolution, Traditional Justice, pre-colonial
INTERROGATING THE INVOLVEMENT OF NATIVE GODS IN CONTEMPORARY AFRICAN CONFLICT MANAGEMENT (Published)
Africa is witnessing increasing incidences of direct violence and demonstrated inability of governments to restore enduring peace largely through Western models of conflict resolution that necessitated the interrogation of traditional models with emphasis on the involvement of native gods. The study was descriptive and qualitative that relied on secondary data sources. It found that the Traditional models provided for a Win-Win arrangement relied on collective wisdom of the society while the involvement of native gods compelled compliance with resolution terms for fear of non-compliance. It found that governments largely failed to remain neutral in managing conflicts. Specific cases of successful interventions of native god were the final resolution of Aguleri-Umuleri, Umunebo- Umuokuzu and Okrika conflicts in Nigeria. The study concluded that the relevance of native gods is largely limited to intra-ethnic conflicts while it has been perverted by political elites. The study recommended that governments must pay attention to early warning signal to minimize direct violence and develop strong political will to confront the issues of conflict. Finally, the traditional models concerning the intervention of native gods could be combined with Western models where practicable as it cannot stand alone.
Keywords: Conflict, Conflict Resolution, Political will, Traditional models, Western models
DIPLOMATIC METHODS OF CONFLICT RESOLUTION (A CASE STUDY OF ECOWAS) (Published)
The work examines Economic Community of West African States (ECOWAS) Diplomatic methods of conflict resolution in West Africa. The objectives is to ascertain how effective these methods have been utilized in resolving conflicts in West Africa with a view of making appropriate recommendations based on research findings on how best to employ these methods by the community. The work adopted the doctrinal methodology of research, mainly primary and secondary sources such as: textbooks, official documents from ECOWAS, periodicals and internet resources. The work observed that these methods were successfully used to restore peace in Sierra Leone, Liberia, Togo, Cote d’ivoire, Guinea Bissau, Senegal and Gambia. Thus, the methods are useful in settlement of disputes and should be encouraged because the decision is reached by the parties themselves and enforcement of such agreement may be easier. The current use of council of elders on ad-hoc basis for peaceful resolution of conflicts is not sufficient. The ECOWAS should establish Commission of Mediation, Conciliation and Arbitration as it will serve as a reminder to disputants that there is still the last opportunity to resolve their differences. Those to be appointed mediators should have good track records in terms of high level work experience and character; be endowed with negotiating skills and able to bring about peace and reconciliations that can be employed in potential conflict situations.
Keywords: Conflict Resolution, Diplomatic Methods, Ecowas