A Re-Assessment of the Impact and Potency of Traditional Dispute Resolution Mechanisms in Post-Conflict Africa

Abstract

Traditional means of settling conflicts were widely accepted and preferred before the advent of colonial rule. During that period, it was a common tradition that no appeal could come out from disputes resolved. This is partly due to the fact that those judgments were given by elders, and in African tradition, people feared and believed in the repertoire of wisdom and knowledge coming from the elders. Thus, their decision would never be questioned. With the advent of colonial administration, the socio-cultural, political and economic life of most African communities were greatly impacted. African values and beliefs which provided the foundational basis for conflict resolution eroded and became weakened. Though, in today’s Africa, the African systems still retains legitimacy and occupy a prime place in justice administration, there is a growing conflict between Africa’s legal traditions, elders impact on dispute resolution and western styled imposed judicial systems. This paper is a re-assessment of the different approaches to conflict resolution in contemporary African societies. It argues for the recognition of these traditional approaches in laws and policies and the impact of oath-taking in administration of justice. It considers that traditional dispute resolution could be the lens for resolving the too many conflicts arising from extractive resource governance in Africa. A return to the age long tradition of settling disputes is recommended.