APCJ_1528_Win2010_00i_122_4 12/30/10 3:22 PM Page 15 Table 1 Integrating Principles and Practices in Somaliland 15 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

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