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Mediation is a crucial means to reaching peaceful and agreed solutions in today’s world – on an international, national and social level. Mediation is a dynamic, structured, and interactive process where a neutral third party assists disputing parties in resolving conflict. Locally contextualized conflict mitigation activities can be creative and collaborative processes of assisting parties to actively engage in constructing their own resolutions to problems that arise.
Traditional African methods of conflict resolution exist within a particular cultural context and have been practiced for extended periods of time, evolving within African societies, rather than being a product of external importation. Their role in seeking peaceful solutions to local disputes is unquestionable. Traditional indigenous methodologies are built around concepts of mediation, restitution, conciliation, restoration, and compensation. They are rooted in the economic environment, socio-political, cultural and historical contexts of societies allowing them to be responsive to local realities. The Rwandan Abunzi reconciliation system is one of the many successful examples of home-grown solutions to dispute mediation and conflict resolution that is based off of traditional concepts of justice.
The word ‘Abunzi’ can be translated into ‘those who reconcile’ or ‘those who bring together’ (from the verb kunga). Traditionally, Abunzi were men known within their communities for their integrity as mediators and were asked to intervene in the event of conflict arising. To this day, Abunzi committees draw off of these traditional conciliation practices and play a central role in settling local conflicts in Rwanda. Currently, the submission of disputes to ‘Abunzi’ committees is a mandatory preliminary procedure used for resolving a large number of disputes prior to cases being referred to the formal court system. In fact, parties to a civil dispute are required to submit that dispute involving matters whose monetary value does not exceed amount of money fixed by law prior to the filing of a case with the court of first instance, i.e. the Primary Court. Firmly established throughout the country there are presently 2,564 mediation committees with over 30,000 practicing ‘Abunzi’ in operation. Reflecting the post-genocide government’s commitment to facilitating access to justice for its citizens, as the conciliation process through ‘Abunzi’ is free, accessible and participatory.
The ‘Abunzi’ are a clear example of the synergies between the state and local grassroots methods of conflict resolution. These conciliation committees are creating space for ordinary citizens to participate in public processes, such as justice delivery and governance reform. Rwanda’s decentralized approach to justice is not only accessible, but also affordable. These grassroots networks ensure multi-stakeholder engagement in peace efforts. Essentially opening up democratic spaces for various actors to exercise their agency in a constructive manner. Responding to the overburdened modern court system in Rwanda, the ‘Abunzi’ system of conciliation has helped to address the question of access to justice by ordinary Rwandans, who might not be able to afford to participate in the formal litigation justice environment.
Traditional conflict resolution institutions often aim for the restoration of broken relationships. The punishment of perpetrators is not their priority. The law N° 37/2016 of 08/09/2016 determining organisation, jurisdiction, competence and functioning of ‘Abunzi’ committee actually prohibits ‘Abunzi’ giving punitive sentences. Hearings gain compliance mostly because of a combination of conciliation and state-backed threats, as Abunzi can request the services of the police when witnesses and parties fail to cooperate with the conciliation. Besides resolving the conflict, a vital aspect of the traditional mechanisms of conflict resolution in African societies is their capacity to involve members of the public and to build a sense of community through engaging and participative methodologies to resolve disputes. Usually the resolution of conflict by traditional institutions is done in the presence of family, community or tribe members, allowing for the construction and restoration of the notion of belonging and communality. Abunzi committee sessions are open to everyone, including the family members of the disputants and members of the public. When compared with the retributive system of the modern courts, the ‘Abunzi’ system showcases the values and principles of decentralisation of power, communal participation and consensus-based decision making. Traditional institutions of conflict resolution are part of the evolving modern civilisation and should no longer be perceived as simply isolated rituals occurring in remote rural villages and townships. Traditional institutions have become a part of the modern post-conflict state, hence the notion of ‘hybrid’ political orders. African mechanisms for conflict resolution are unique, context-specific, and responsive to the justice needs of societies. As Africa continues to develop and strengthen its political institutions, attention ought to be drawn to ensure that these traditional methodologies are preserved and incorporated into modern governance systems. The ‘Abunzi’ conciliation system is a distinct example of the benefits of merging traditional context-specific, cultural methodologies in order to address modern day issues that the state and its citizens face.
Regardless of the context mediation is a sensible and efficient method of resolving various forms of conflict without having to resort to the formal court system for guidance. Parties who enter into mediation do not forfeit legal rights or remedies. If mediation does not result in settlement, each side can continue to enforce their rights through appropriate court or tribunal procedures. In the UK context, there are still various benefits that can be noted, for instance: mediation is less expensive, less time-consuming, parties are in total control of the outcome and only reach a resolution if it is mutually agreeable, and mediation intends on preserving relationships more so than in the adversarial setting of a courtroom. The ‘Abunzi’ mediation system is a clear example of an effective and efficient context-specific, grassroots, participative methodology to resolving conflict. More legal systems should draw off of these traditional participative methodologies in order to help reform and strengthen our current systems which oftentimes are too focused on compensation and punitive measures.
For more information on The Abunzi Mediation in Rwanda, and the work Mareike and her team does click here