APCJ_1528_Win2010_00i_122_4
12/30/10
3:22 PM
Page 15
Table 1
Integrating Principles and Practices in Somaliland
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Customary Law versus Conflict Transformation
Values
Customary Law
Conflict Transformation
Respect for traditional law (informs ways
of acting and being in relationships with
others)
Maintenance of healthy relationships
and structures that support them
Interdependence
Fairness, equality, responsibility, and
accountability for and among everyone
Moral duty (of elders) to solve or settle
society’s problems
Listening, patience, wisdom, and
honesty by elders
Interdependence
Listening and self-reflection
Emotional healing
Importance of feelings and dignity
Analysis
Elders collect information from both
sides of a conflict, look for causes and
core issues
Seeks and examines underlying��historical and current, personal, relational, cultural, and structural—causes of conflict
Elders investigate the relationship
between the parties
Develops theories of conflict and theories of change for a particular conflict
Elders seek understanding through
precedent, but adjust analysis if not
available
Investigates positions, interests, and
needs
Analyzes power dynamics
Examines identity and formation of and
threats to worldview
Looks for connectors and dividers
Investigates trauma and resilience
factors
Explores social bonding, bridging
capital, and individual and community
assets
Strategies and
Practices
Quick intervention
Strategic intervention
Conflict resolution
Conflict transformation
Negotiation, mediation, arbitration,
debate, prayer, ritual
Creation of safe spaces for negotiation,
mediation, dialogue, education, ritual,
and psychosocial support
Meeting of elders or mediators with
parties separately; elders decide
outcomes
‘Blood payment’ or exchange of
young girls
Forgive and forget
Solicitation of information for problem
solving (at all levels of society)
Advocacy and activism
Transitional, distributive, and restorative
justice
Transformational justice
Goals
Security
Security
Peace and stability
Change at the personal, relational,
cultural, and structural levels (conflict
transformation)
Settlement of disputes/conflict
resolution
Achievement of main goal through
consensus (among elders)
Agreement on short-term peace
Regulation of relationships among clans
Source: Barry Hart and Muhyadin Saed.
Transitional, distributive, restorative, and
transformational justice (at all levels and
for all persons in society)
End to the conflict and establishment of
long-term peace
Select target paragraph3
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