AGENDA 2063: THE AFRICA WE WANT THROUGH DEEPENING THE IMPACT OF COMMUNITY-BASED MEDIATION

I, herein, make a case, through specific Literature reviews, and case studies for the relevance of deepening the impact of Community - Based Mediation as an Alternative Dispute Resolution (ADR) strategy in Conflict Resolution and Peace Building initiatives. I believe that the statistics and the case study can motivate continental policy makers and various stakeholders to consider the ADR approach to scale its application in different contexts in Uganda, East Africa and Africa due ti its clear evidence of impact. In so doing, the Aspiration #4 of Agenda 2063 will be achieved which is consistent with the United Nationsa Sustainable Development Goal Number #16

It is crucial to note that Conflicts are a phenomenon associated with an inevitable corollary of co-existence, in all societies, and to some extent are an inevitable and indeed necessary corollary of social change. They are an expression of tensions and incompatibles between different, mutually independent parties with regard to their respective needs, interests and values. They are liable to lead to crises, and destructive escalations affecting whole societies primarily during phases of profound socio-economic change and political transition. However, Conflicts are not the problem but the way in which they are managed and resolved (Eschborn 2002)

Agenda 2063: The Africa we want is rooted in Pan-Africanism and African-Renaissance, providing a robust framework of addressing past injustices and the realization that the 21st Century as the African Century. It has also been clearly stated that Agenda 2063 will not happen spontaneously but require conscious and deliberate efforts to nurture a transformative Leadership that will drive the agenda and defend Africa’s interests. Robert Kennedy said, “The future is not a gift: it is an achievement. Every generation helps make its own future. This is the essential challenge of the present.” My proposal herein is anchored in the Aspiration 4 of Agenda 2063 themed: a Peaceful and Secure Africa because of my belief that a peaceful Africa is a necessary and critical factor for the attainment of all other Aspirations of Agenda 2063. Aspiration 4 envisages that mechanisms for Peaceful and Prevention and Resolution of Conflicts will be functional at all Levels through promotion of Dialogue- centered conflict prevention and resolution actively promoted in such a way that by 2020, all guns will be silent. It further envisages a culture of peace and tolerance to to be nurtured in Africa’s children and youth through Peace Education

Aspiration 4 of Agenda 2063 corresponds with The United Nation’s Sustainable Development Goal Number 16 aims to promote peaceful and inclusive societies for Sustainable Development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. SDGs aim to reduce all forms of violence and propose that governments and communities find lasting solutions to conflict and insecurity. Indeed, Africa has been a hotbed for disputes and conflicts taking different forms leading to loss of lives and property and inevitably causing immeasurable loss to the continent and its people. 

In the paper entitled: “The dividends of Peace: the Economics of Peace Keeping” by Harriet Hentges and Jean Marc Coicaud published in The Journal of International Affairs 2002, they noted that of the 54 Peace Keeping operations that the United Nations established between 1948 and 2000; 36 were after the year 1991 and were deployed worldwide as follows:

(a) Africa – 14 (b) Europe – 09 (c) Americas – 06 (d) Asia – 03

Alternative Dispute Resolution, according to the Wax Legal Dictionary refers to the method of resolving Disputes without litigation (going to court). It includes Early Natural Evaluation, Negotiation, Conciliation, Mediation and Arbitration. It is used in a wide range of case types including Juvenile felonies, Government negotiations, and it is also a significant method for resolving disputes amongst businessmen. The need for deepening Alternative Dispute Resolution need not to be under-estimated or over-emphasized. 

A consideration of the following data shows us why.

Dr. James Magara in his book: Positioning Africa for the 21st Century. The pivotal role of Leadership and think tanks notes the following statistics which should be a point of concern for African Governments starting on their journey to 2063 and other stakeholders who serve in Conflict/ Dispute Resolution services:

“The World Population is expected to reach 8.6 billion in 2030, 9.8 billion in 2050 and 11.2 billion in 2100, according to a United Nations report, World Population Prospects: The 2017 Revision,published by the UN Department of Economic and Social Affairs. Of specific interest to Africa, from 2017 to 2050, it is expected that half of the world’s population will be concentrated in just nine countries, five of which are in Africa: India, Nigeria, The Democratic Republic of Congo, Pakistan, Ethiopia, the United Republic of Tanzania, the United States of America, Uganda and Indonesia (Ordered by their expected contribution to total growth). Between 2017 and 2050, the populations of 26 African countries are projected to expand to at least double their current size. More than half of the anticipated growth in global population between now and 2050 is expected to occur in Africa. Of the additional 2.2 billion people who may be added between 2017 and 2050, 1.3 billion will be added in Africa. By 2050, 1.8 billion babies will be born in Africa; the continent’s population will double in size; and its under 18 population will increase by two thirds to reach almost 1 billion. Africa is the only region where the population is projected to keep increasing throughout the 21st Century.

Currently, there are 1.2 billion people on the continent, more than 5 times the population in 1950. By 2050, Africa’s population will double to 2.4 billion, eventually reaching 4.2 billion by the end of the century, just about the entire world population in 1977. Africa is not the first region in the world to undergo such a rapid population growth. America in the 19th Century, China and the Asian sub-continent in the first half of the 20th century also experience the same. The difference with the African experience is that growth is happening at a time of the most rapid global Socio - Economic and political changes ever and from a rural unskilled population base.

In addition to rapid population growth is the large scale migration to urban areas. By 2030, sixty percent of Africans will be living in cities, growing from 36 percent of the population in 2010. Africa’s population of potentially productive youth will be the highest in the world. The continent’s urbanization rate, the highest in the world can lead to economic growth and transformation, at par with or even better than the current trajectories of China and other East Asian countries. However, without transformation, it can steer further into increased inequality, urban poverty, the proliferation of slums, and even social chaos such as that of the “Arab spring.” 

African nations cannot afford to continue functioning as if they are isolated from the rest of the world; they are not. The days of the African village that is totally disconnected to the rest of the world are long gone. The rest of the world has come to Africa like never before”

The above observations of population statistics and trends by Dr. Magara show that pro-active measures of addressing conflicts are very necessary and urgently required by Africa to guarantee her transformation. Take Uganda alone as an example, Land related conflicts form a bulk of the case load in Ugandan courts. The Police Crime Report 2013 notes that 891 land fraud cases were reported and investigated compared to 616 in 2012 indicating a 30.8% increase. Cases reported to Police synonymous to land disputes or conflict include: Malicious Damage to Property; Criminal Trespass; and obtaining money by false pretense. The National Court Case Census Report 2015 done by a Committee Constituted by the Chief Justice - His Lordship Bart Katurebe and chaired by the Hon. Justice Peter Adonyo established that there were 114,809 cases pending from all courts of law in Uganda under the categories of Civil, Criminal, Land, family, etc. All this data points to the increasing need for Alternative Dispute Resolution mechanisms as an Alternative pathway to access to justice. Court case backlog. Court case backlog has serious implications for access to justice, Increase in crime especially Mob Justice and Malicious damage to property stretching to violent crimes such as murder

Advocate Dumisa Ndebesa, Commissioner of the South African Truth and Reconciliation Commission (as it then was), cited the relationship between access to Justice and the general levels of Community Development. He said Alternative Dispute Resolution frameworks should be designed for specific local and national level contexts and that it is increasingly understood that ADR is a critical pillar of good governance, given its roles in complementing formal legal systems particularly enhancing access to Justice in terms of cost and time.

The involvement of the Community in Dialogue-centered Mediation and Peace Building Initiatives pays very huge dividends in peace building . The approach involves employing Public Hearings where local, political, and religious leaders plus other stakeholders are involved in supporting disputing parties settle their issues amicably. For instance, many land disputes, locus interventions, are able to identify key issues for example distinguishing border disputes from land conflicts and addressing them as such. Those with border disputes, for instance, can be assisted to mutually agree on boundary marks. Those with land disputes can with sufficient guidance settle them amicably. Consent Agreements generated by parties in dispute can be translated into consent judgments that Courts of law or any other relevant institution can use to conclude a matter. They can even use these agreements to process land titles for their land and any other related transactions. 

Such approaches are yet to gain traction in Uganda and on the continent due to limited capacity. In areas which have benefited from our service have greatly transformed. Money that would have been spent pursuing a solution in court is put to productive ventures once the parties settle their disputes. The training of more Mediators and Peace Ambassadors right from the local level; partnering with Organisations Rotary International; Great Lakes Peace Center; Institute for Economics and Peace ( with their deep and elaborate peace research); all of whom, are also passionate about Conflict Resolution and Peace Building; Sensitization of masses on socio-economic advantages of Conflict Resolution and Peace Building, can have a ripple effect when such interventions and activities are scaled to the East African and African (Continental) level. 

Conclusively, it has been said that,”There is no way to peace, peace is the way.” For a peaceful society with harmonious co-existence of its people, is a strong foundation for the continent's efforts to sustainable development. This is because if we Africans can afford to live together as brethren, we then agree to die together as fools. Therefore, Peace is the way for the Africa we want.