Indigenous democracy : traditional conflict resolution mechanisms -- Pokot, Turkana, Samburu and Marakwet[, Kenya]

The report outlines scarce and unequal access to natural resources and power, ethnic mistrust, inadequate state structures, border tensions, and proliferation of illicit arms into the hands of tribal chiefs, warlords, and fellow tribesmen as some of the causes of inter-ethnic conflicts in the region, with cattle rustling, and to some extent, land clashes as the main manifestation thereof. Over time, the study communities have institutionalized an elaborate system and mechanisms of resolving conflicts, whether intra- or inter- community. The study focuses on the unique pastoralists" cultures that emphasize the resolution of conflicts amicably through a council of elders (who are believed to control supernatural powers and who form a dominant component of the customary mechanisms of conflict management), dialogue, traditional rituals, and common utilization of resources, especially dry-season grazing land. Nonetheless, such peace pacts as have been reached are flouted as soon as the conditions that necessitated them cease to hold. The study communities have consistent and more elaborate methods of intervening in intra-ethnic than in inter-ethnic conflicts. There is a marked absence or inadequacy of enforcement mechanisms to effect what the elders and other traditional courts have ruled. The customary courts rely on societal goodwill to adhere to its ruling. In terms of gender consideration, the whole process is grossly flawed. Also, limited government understanding of pastoralists" livelihoods and the ensuing marginalization of pastoralists" interests have corroded the efficacy and relevance of customary institutions of conflict management. Includes recommendations based on African traditional methods of conflict resolution, which differ fundamentally from those in the West.