Friday 14 October 2011
Monday 29 August 2011
Customary Arbitration in an Evolving Africa
Just as I am beginning to settle back into my bourgeois American lifestyle, I wake up this morning to find this article in the Times (see this link: http://www.nytimes.com/2011/08/14/nyregion/isaac-osei-taxi-driver-in-new-york-and-chief-in-ghana.html ) on a Ghanaian chief who spends most of his year in New York overseeing a taxi operation with his wife. While in Ghana last week, I had the opportunity to speak with several chiefs who participated in our mediation training. It was fascinating to speak with them about the pressures they face as their traditional dispute resolution is, fitfully, integrated into the judicial system of an emerging liberal democracy.
Ghana has long had a court system on the Anglo-American model, with a Supreme Court, intermediate appellate courts, and a variety of trial courts. The trial courts are far too few to adequately cover the entire country, however, resulting in huge backlogs. With the reach of the courts limited this way, the traditional system of dispute resolution conducted by chiefs remains vital. Every city, town, and village has a chief who sits at the top of the social pyramid for that community. Chiefs can be quite well-off in relative terms, as they receive a share of what can be considered rents or taxes on the property in their domain. Their main public responsibility is to resolve local disputes. A party with a grievance goes to the chief to request a hearing. The chief then calls the respondent to appear at the chief’s palace. The parties indicate their consent to the jurisdiction of the chief by paying a nominal sum of money. The chief holds a hearing in which the parties are entitled to submit evidence and argue their cases. Then the chief issues a ruling, which has traditionally been oral. The system is, for all practical purposes, arbitration. It is referred to in Ghana as customary arbitration.
As an assertive generation of modern lawyers and judges pushes the country to extend the reach of the rule of law and to diminish the force of traditional hierarchies built on disparities of wealth, status and power, the system of customary arbitration is being challenged in important ways. The Ghana ADR Act of 2010 includes a set of fairly detailed provisions governing customary arbitration. These provisions could end up diluting the power of the chiefs both at the stage of compelling arbitration and in the enforcement of awards. Coupled with recent judicial decisions, the ADR Act suggests that chiefs have lost much of the power they traditionally had to compel parties to appear. Further, the Act contains a rule on judicial review that seems intended to place the judiciary in a supervisory role. Section 112 of the 2010 Act allows a party to apply to a court to set aside the award on the grounds that the award:
(a) was made in breach of the rules of natural justice,
(b) constitutes a miscarriage of justice, or
(c) is in contradiction with the known customs of the area concerned.
Those are, potentially, very broad grounds for review. The chiefs that I spoke with felt that they were not given a full opportunity to participate in the ADR Act’s creation (this point was disputed by lawyers and law professors involved in the Act’s drafting and passage). They see the Act as an attack on a system of dispute resolution that has served Ghana well for centuries. The full import of the Act will not be known until the courts have the chance to implement its provisions. Clearly much remains to be done to forge a workable national dispute resolution system that respects both the rule of law and traditional social norms. But Ghana deserves credit for the audacity of its approach. Given its history of peaceful dispute resolution, Ghana is better positioned than almost any other African country to pull it off.
Credit: ADR Prof Blog http://www.indisputably.org/?p=2592
Ghana has long had a court system on the Anglo-American model, with a Supreme Court, intermediate appellate courts, and a variety of trial courts. The trial courts are far too few to adequately cover the entire country, however, resulting in huge backlogs. With the reach of the courts limited this way, the traditional system of dispute resolution conducted by chiefs remains vital. Every city, town, and village has a chief who sits at the top of the social pyramid for that community. Chiefs can be quite well-off in relative terms, as they receive a share of what can be considered rents or taxes on the property in their domain. Their main public responsibility is to resolve local disputes. A party with a grievance goes to the chief to request a hearing. The chief then calls the respondent to appear at the chief’s palace. The parties indicate their consent to the jurisdiction of the chief by paying a nominal sum of money. The chief holds a hearing in which the parties are entitled to submit evidence and argue their cases. Then the chief issues a ruling, which has traditionally been oral. The system is, for all practical purposes, arbitration. It is referred to in Ghana as customary arbitration.
As an assertive generation of modern lawyers and judges pushes the country to extend the reach of the rule of law and to diminish the force of traditional hierarchies built on disparities of wealth, status and power, the system of customary arbitration is being challenged in important ways. The Ghana ADR Act of 2010 includes a set of fairly detailed provisions governing customary arbitration. These provisions could end up diluting the power of the chiefs both at the stage of compelling arbitration and in the enforcement of awards. Coupled with recent judicial decisions, the ADR Act suggests that chiefs have lost much of the power they traditionally had to compel parties to appear. Further, the Act contains a rule on judicial review that seems intended to place the judiciary in a supervisory role. Section 112 of the 2010 Act allows a party to apply to a court to set aside the award on the grounds that the award:
(a) was made in breach of the rules of natural justice,
(b) constitutes a miscarriage of justice, or
(c) is in contradiction with the known customs of the area concerned.
Those are, potentially, very broad grounds for review. The chiefs that I spoke with felt that they were not given a full opportunity to participate in the ADR Act’s creation (this point was disputed by lawyers and law professors involved in the Act’s drafting and passage). They see the Act as an attack on a system of dispute resolution that has served Ghana well for centuries. The full import of the Act will not be known until the courts have the chance to implement its provisions. Clearly much remains to be done to forge a workable national dispute resolution system that respects both the rule of law and traditional social norms. But Ghana deserves credit for the audacity of its approach. Given its history of peaceful dispute resolution, Ghana is better positioned than almost any other African country to pull it off.
Credit: ADR Prof Blog http://www.indisputably.org/?p=2592
Monday 1 August 2011
COMMUNIQUÉ OF 3RD INT. AFRICA PEACE AND CONFLICT RESOLUTION CONFERENCE JUL 26 - 28, 2011, ACCRA
Third International Africa Peace and Conflict Resolution (PCR) Conference 2011
July 26 - 28, 2011, Accra, Ghana
Webpage: www.csus.edu/org/capcr www.ghacma.org/conference.html
FOR IMMEDIATE RELEASE!
COMMUNIQUÉ ISSUED AT THE END OF THE 3RD INTERNATIONAL AFRICA PEACE AND CONFLICT RESOLUTION CONFERENCE HELD IN ACCRA, GHANA FROM JULY 26 TO 28, 2011
Conference Theme: Alternative Dispute Resolution (ADR) and Peace Studies in Africa, 15 years later: Lessons and New Directions.
The delegates at the 3rd international Africa Peace and Conflict Resolution Conference organised by the Centre for African Peace and Conflict Resolution (CAPCR) of California State University, Sacramento, USA and the Ghana Association of Certified Mediators and Arbitrators (GHACMA) give regard to the fact that conflict in its varied forms and manifestations is inevitable in our communities, business places and in our governance systems;
They acknowledge the downward conflict trend and increasing level of democratization in Africa, as positive developments that demand more robust, sustained efforts at ADR and peace studies;
They find paucity of evaluation data and best practices on peace and conflict resolution in Africa;
They are concerned about the negative effects of conflicts on the African continent, especially the ones that result in the loss of millions of precious lives;
They recognise the importance of engaging governments, the business community, religious organisations, traditional authorities, civil society and other stakeholders on peacemaking and peace building initiatives;
They are conscious of the need to educate the public about issues of peace and conflict resolution, as well as sensitization on issues of social justice that aggravate violence;
They are aware of the gap that exists in the number of dispute resolution practitioners and peace makers across the world and Africa in particular;
They appreciate the special workshop on complex/ multiparty mediation, facilitated by Mr. Daniel Yamshon;
They are committed to educating the public and highlighting issues of peace and social justice as well as training and building the capacity of peace makers and dispute resolution practitioners and institutions;
They recall the challenge faced by ADR and peace building institutions in accessing funding to promote peace initiatives and institutionalize ADR;
They acknowledge with gratitude and promise the new, enabling legislations on Alternative Dispute Resolution (ADR) in several African countries, in Ghana and Uganda in particular;
They realise the indigenous appeal of Alternative Dispute Resolution within the African context;
They are mindful of the call to institutionalise Dispute Resolution training and practice at critical levels of society and nation;
They are satisfied by the resolve of academia to introduce or expand the teaching of Alternative Dispute Resolution (ADR) as a degree programme at the graduate or undergraduate level;
They embrace the critical appraisal of the role of technology in dispute resolution and its facility in the form of online dispute resolution (ODR);
They commend the efforts being made to mainstream ADR in the judiciary thereby improving upon the justice delivery system, without recreating or exacerbating the problems that necessitated ADR;
They are convinced of the immense potential of ADR in increasing access to justice, decongesting the courts of backlog of cases, and providing justice in a manner that is speedy, cost effective and which satisfies the interests of disputing parties;
They are determined to empower the youth and women in peace initiatives and in dispute resolution practice and leadership;
They know that the youth are not only the most affected in any conflict but are also our most effective means of transferring knowledge and continuing a conscious culture of peace and effective dispute resolution;
Therefore
1. They commit themselves to work to prevent conflicts in Africa and where it has already occurred, to work to resolve the conflicts in a timely and effective manner.
2. They accept the challenge to institutionalise the training and practice of Alternative Dispute Resolution at critical levels, including expansion of peace and conflict studies curricular in secondary and university education.
3. They call on the rest of Africa to follow the examples of Ghana and Uganda to enact appropriate ADR legislations.
4. They request the Bar and the Bench to adopt proactive measures in mainstreaming ADR in Africa.
5. They encourage organisations and institutions engaged in peace building and dispute resolution to empower the youth and women in their efforts aimed at making the world a more peaceful place to live in.
6. They entreat African traditional authorities to maintain the African appeal of their dispute resolution processes while embracing ADR.
7. They invite religious leaders and religious organisations to empahsise peaceful co-existence to their congregants.
8. They call on ADR and peace building institutions to adopt measures aimed at attracting funding for their purposes.
9. They call on governments, the business community and donor agencies to support the course of ADR and peace building institutions.
10. They recommend the development and implementation of evaluation instruments for macro level assessment of the success of peace and conflict resolution projects and activities.
11. They further agree on the need for the creation of a sustainable peace and conflict resolution network of peace, and to hold the international peace and conflict resolution conference every 3 years; and resolved to hold the next conference in South Africa.
Delegates expressed their immense gratitude to the Ghana Association of Certified Mediators and Arbitrators (GHACMA) as well as its staff for successfully hosting the conference and for giving them a feel of the Ghanaian hospitality and also to the Centre for African Peace and Conflict Resolution (CAPCR) for instituting the conference. They also expressed their gratitude to Her Ladyship the Chief Justice of the Republic of Ghana, Justice Georgina T. Wood for delivering the concluding keynote address; Hon. Martin Amidu, Attorney-General and Minister of Justice for delivering the opening keynote address; Prof. Ernest Uwazie for the conference opening address; Lt. Gen. Arnold Quainoo, Executive Director of the Centre for Conflict Resolution (CENCOR) for chairing the opening ceremony and for hosting the welcome reception and the workshop on Multi-Party/Complex Dispute Resolution at CENCOR; His Lordship Mr. Justice S.A. Brobbey, Justice of the Supreme Court of Ghana for participating in the Town Hall Discussion on ADR and Peace Studies in Africa; Mr. Justice Bawa Akamba, Justice of the Appeal Court of Ghana and Director of the Judicial Training Institute for gracing the opening ceremony; Nana Dr. S.K.B. Asante, Chairman of the Ghana Arbitration Centre for his participation and offering important insights in the practice of Arbitration; Dr. Robin Carter, Associate Dean of the College of Health and Human Services of California State University for chairing a paper presentation panel; Mr. Austin A. Gamey, Chief Executive Officer of Gamey and Gamey Group for chairing a paper presentation panel; Mrs. Chris Dadzie, Lawyer and former senior staff member of the Ghana Commission on Human Rights and Administrative Justice (CHRAJ) for chairing a paper presentation panel; Dr. Sylvester Bowie, Chair of the CAPCR Board and Associate Professor of Social Work at California State University, Sacramento, USA for chairing a paper presentation panel; Mr. Martin C. Nwosu, General Secretary of Ghana Association of Certified Mediators and Arbitrators (GHACMA) for chairing a paper presentation panel; Miss Joyce N.N. Oku for serving as Rapporteur General at the conference; Mr. Saeed Musah-Khaleepha for ably coordinating the conference planning and arrangements, and kind remarks and presents from the California delegation through Prof. Uwazie and Ms. Ellen Taylor of the California Lawyers for the Arts.
The delegates also commend and appreciate the visionary leadership and landmark ADR contributions of Prof. Ernest Uwazie, Director of Center for African Peace and Conflict Resolution (CAPCR) of California State University, Sacramento, USA; and Professor Kofi Quashigah, President of Ghana Association of Certified Mediators and Arbitrators (GHACMA).
They acknowledge presenters at the conference for providing enlightenment through their respective presentations and interactions with the audience:
Prof. Ernest Uwazie
Mr. Daniel Yamshon
Rev. Sr. Barr. Ijeoma Njoku
Mr. J.S.T. Abbossey
Miss Ijeoma Ononogbu
Dr. Ephraim S. Essiesn
Miss Joy O.S. Ogaji
Dr. Chniyere Comfort Ani
Mr. Ahmed Baba Yahaya
Mr. Adebgoyega Adebayo Karim
Mr. Arinze Ngwube
Rev. Dr. Cletus Obasi
Dr. Sunday Ogbodo
Mr. Saeed Musah-Khaleepha
Dr. Jose Pascal da Rocha
They further acknowledge the following organisations and their representatives:
1. Center for African Peace and Conflict Resolution (CAPCR), California State University, Sacramento, USA
2. Ghana Association of Certified Mediators and Arbitrators (GHACMA)
3. African Centre for the Constructive Resolution of Disputes (ACCORD), South Africa
4. Lagos Multi-Door Courthouse, Lagos, Nigeria
5. California Lawyers for the Arts, California, USA
6. Nigerian Institute of Advanced Legal Studies, Lagos
7. Ashaiman ADR Centre, Ghana
8. The Judicial Service of Ghana
9. Ghana Ministry of Justice and Attorney-General’s Department
10. Centre for Conflict Resolution (CENCOR), Ghana
11. Ghana Arbitration Centre
12. Afripeace & Development Foundation, USA
13. Justice and Peace Commission
14. El-Shiloh Foundation
15. Catholic Secretariat, Ho
16. Assemblies of God, Assin Fosu, Ghana
17. Young mediators and Negotiators of Nigeria
18. Spiritan Int. School of Theology & Evangelism
19. University of Cape Coast
20. International Islamic University, Malaysia
21. Creative Advantage International
22. Centre for Peace and Strategic Studies, Univ. of Illorin, Nig.
23. School of Law, Warwick University, UK
24. Christ Mission Foundation
Contacts:
USA: uwazieee@csus.edu Ghana: saeed@ghacma.org
July 26 - 28, 2011, Accra, Ghana
Webpage: www.csus.edu/org/capcr www.ghacma.org/conference.html
FOR IMMEDIATE RELEASE!
COMMUNIQUÉ ISSUED AT THE END OF THE 3RD INTERNATIONAL AFRICA PEACE AND CONFLICT RESOLUTION CONFERENCE HELD IN ACCRA, GHANA FROM JULY 26 TO 28, 2011
Conference Theme: Alternative Dispute Resolution (ADR) and Peace Studies in Africa, 15 years later: Lessons and New Directions.
The delegates at the 3rd international Africa Peace and Conflict Resolution Conference organised by the Centre for African Peace and Conflict Resolution (CAPCR) of California State University, Sacramento, USA and the Ghana Association of Certified Mediators and Arbitrators (GHACMA) give regard to the fact that conflict in its varied forms and manifestations is inevitable in our communities, business places and in our governance systems;
They acknowledge the downward conflict trend and increasing level of democratization in Africa, as positive developments that demand more robust, sustained efforts at ADR and peace studies;
They find paucity of evaluation data and best practices on peace and conflict resolution in Africa;
They are concerned about the negative effects of conflicts on the African continent, especially the ones that result in the loss of millions of precious lives;
They recognise the importance of engaging governments, the business community, religious organisations, traditional authorities, civil society and other stakeholders on peacemaking and peace building initiatives;
They are conscious of the need to educate the public about issues of peace and conflict resolution, as well as sensitization on issues of social justice that aggravate violence;
They are aware of the gap that exists in the number of dispute resolution practitioners and peace makers across the world and Africa in particular;
They appreciate the special workshop on complex/ multiparty mediation, facilitated by Mr. Daniel Yamshon;
They are committed to educating the public and highlighting issues of peace and social justice as well as training and building the capacity of peace makers and dispute resolution practitioners and institutions;
They recall the challenge faced by ADR and peace building institutions in accessing funding to promote peace initiatives and institutionalize ADR;
They acknowledge with gratitude and promise the new, enabling legislations on Alternative Dispute Resolution (ADR) in several African countries, in Ghana and Uganda in particular;
They realise the indigenous appeal of Alternative Dispute Resolution within the African context;
They are mindful of the call to institutionalise Dispute Resolution training and practice at critical levels of society and nation;
They are satisfied by the resolve of academia to introduce or expand the teaching of Alternative Dispute Resolution (ADR) as a degree programme at the graduate or undergraduate level;
They embrace the critical appraisal of the role of technology in dispute resolution and its facility in the form of online dispute resolution (ODR);
They commend the efforts being made to mainstream ADR in the judiciary thereby improving upon the justice delivery system, without recreating or exacerbating the problems that necessitated ADR;
They are convinced of the immense potential of ADR in increasing access to justice, decongesting the courts of backlog of cases, and providing justice in a manner that is speedy, cost effective and which satisfies the interests of disputing parties;
They are determined to empower the youth and women in peace initiatives and in dispute resolution practice and leadership;
They know that the youth are not only the most affected in any conflict but are also our most effective means of transferring knowledge and continuing a conscious culture of peace and effective dispute resolution;
Therefore
1. They commit themselves to work to prevent conflicts in Africa and where it has already occurred, to work to resolve the conflicts in a timely and effective manner.
2. They accept the challenge to institutionalise the training and practice of Alternative Dispute Resolution at critical levels, including expansion of peace and conflict studies curricular in secondary and university education.
3. They call on the rest of Africa to follow the examples of Ghana and Uganda to enact appropriate ADR legislations.
4. They request the Bar and the Bench to adopt proactive measures in mainstreaming ADR in Africa.
5. They encourage organisations and institutions engaged in peace building and dispute resolution to empower the youth and women in their efforts aimed at making the world a more peaceful place to live in.
6. They entreat African traditional authorities to maintain the African appeal of their dispute resolution processes while embracing ADR.
7. They invite religious leaders and religious organisations to empahsise peaceful co-existence to their congregants.
8. They call on ADR and peace building institutions to adopt measures aimed at attracting funding for their purposes.
9. They call on governments, the business community and donor agencies to support the course of ADR and peace building institutions.
10. They recommend the development and implementation of evaluation instruments for macro level assessment of the success of peace and conflict resolution projects and activities.
11. They further agree on the need for the creation of a sustainable peace and conflict resolution network of peace, and to hold the international peace and conflict resolution conference every 3 years; and resolved to hold the next conference in South Africa.
Delegates expressed their immense gratitude to the Ghana Association of Certified Mediators and Arbitrators (GHACMA) as well as its staff for successfully hosting the conference and for giving them a feel of the Ghanaian hospitality and also to the Centre for African Peace and Conflict Resolution (CAPCR) for instituting the conference. They also expressed their gratitude to Her Ladyship the Chief Justice of the Republic of Ghana, Justice Georgina T. Wood for delivering the concluding keynote address; Hon. Martin Amidu, Attorney-General and Minister of Justice for delivering the opening keynote address; Prof. Ernest Uwazie for the conference opening address; Lt. Gen. Arnold Quainoo, Executive Director of the Centre for Conflict Resolution (CENCOR) for chairing the opening ceremony and for hosting the welcome reception and the workshop on Multi-Party/Complex Dispute Resolution at CENCOR; His Lordship Mr. Justice S.A. Brobbey, Justice of the Supreme Court of Ghana for participating in the Town Hall Discussion on ADR and Peace Studies in Africa; Mr. Justice Bawa Akamba, Justice of the Appeal Court of Ghana and Director of the Judicial Training Institute for gracing the opening ceremony; Nana Dr. S.K.B. Asante, Chairman of the Ghana Arbitration Centre for his participation and offering important insights in the practice of Arbitration; Dr. Robin Carter, Associate Dean of the College of Health and Human Services of California State University for chairing a paper presentation panel; Mr. Austin A. Gamey, Chief Executive Officer of Gamey and Gamey Group for chairing a paper presentation panel; Mrs. Chris Dadzie, Lawyer and former senior staff member of the Ghana Commission on Human Rights and Administrative Justice (CHRAJ) for chairing a paper presentation panel; Dr. Sylvester Bowie, Chair of the CAPCR Board and Associate Professor of Social Work at California State University, Sacramento, USA for chairing a paper presentation panel; Mr. Martin C. Nwosu, General Secretary of Ghana Association of Certified Mediators and Arbitrators (GHACMA) for chairing a paper presentation panel; Miss Joyce N.N. Oku for serving as Rapporteur General at the conference; Mr. Saeed Musah-Khaleepha for ably coordinating the conference planning and arrangements, and kind remarks and presents from the California delegation through Prof. Uwazie and Ms. Ellen Taylor of the California Lawyers for the Arts.
The delegates also commend and appreciate the visionary leadership and landmark ADR contributions of Prof. Ernest Uwazie, Director of Center for African Peace and Conflict Resolution (CAPCR) of California State University, Sacramento, USA; and Professor Kofi Quashigah, President of Ghana Association of Certified Mediators and Arbitrators (GHACMA).
They acknowledge presenters at the conference for providing enlightenment through their respective presentations and interactions with the audience:
Prof. Ernest Uwazie
Mr. Daniel Yamshon
Rev. Sr. Barr. Ijeoma Njoku
Mr. J.S.T. Abbossey
Miss Ijeoma Ononogbu
Dr. Ephraim S. Essiesn
Miss Joy O.S. Ogaji
Dr. Chniyere Comfort Ani
Mr. Ahmed Baba Yahaya
Mr. Adebgoyega Adebayo Karim
Mr. Arinze Ngwube
Rev. Dr. Cletus Obasi
Dr. Sunday Ogbodo
Mr. Saeed Musah-Khaleepha
Dr. Jose Pascal da Rocha
They further acknowledge the following organisations and their representatives:
1. Center for African Peace and Conflict Resolution (CAPCR), California State University, Sacramento, USA
2. Ghana Association of Certified Mediators and Arbitrators (GHACMA)
3. African Centre for the Constructive Resolution of Disputes (ACCORD), South Africa
4. Lagos Multi-Door Courthouse, Lagos, Nigeria
5. California Lawyers for the Arts, California, USA
6. Nigerian Institute of Advanced Legal Studies, Lagos
7. Ashaiman ADR Centre, Ghana
8. The Judicial Service of Ghana
9. Ghana Ministry of Justice and Attorney-General’s Department
10. Centre for Conflict Resolution (CENCOR), Ghana
11. Ghana Arbitration Centre
12. Afripeace & Development Foundation, USA
13. Justice and Peace Commission
14. El-Shiloh Foundation
15. Catholic Secretariat, Ho
16. Assemblies of God, Assin Fosu, Ghana
17. Young mediators and Negotiators of Nigeria
18. Spiritan Int. School of Theology & Evangelism
19. University of Cape Coast
20. International Islamic University, Malaysia
21. Creative Advantage International
22. Centre for Peace and Strategic Studies, Univ. of Illorin, Nig.
23. School of Law, Warwick University, UK
24. Christ Mission Foundation
Contacts:
USA: uwazieee@csus.edu Ghana: saeed@ghacma.org
Tuesday 31 May 2011
Saturday 9 April 2011
International Alternative Dispute Resolution (ADR), Peace Education and Conflict Management and Resolution Conference, Accra 2011
Ghana Association of Certified Mediators and Arbitrators (GHACMA)
And
The Center for African Peace & Conflict Resolution,CALIFORNIA STATE UNIVERSITY, SACRAMENTO
Present
The Third International Africa Peace and Conflict Resolution Conference on:
ADR AND PEACE STUDIES IN AFRICA, 15 YEARS LATER: LESSONS AND FUTURE DIRECTIONS
JULY 26‐28, 2011
Alternative Dispute Resolution (ADR) and related conflict resolution programmes emerged in Africa in the mid 1990s, followed by peace studies in the 2000s. During the said periods, many government and educational institutions and non‐governmental organizations have been created in different parts of Africa; various related programs and projects have been developed or implemented, and certain enabling legislations, policies and institutions created. However, there is paucity of knowledge or research on the key lessons and networking prospects of these various peace and conflict resolution initiatives and their effectiveness in reducing conflicts, increasing peace and development, and promoting social justice.
This 3rd international meeting, following earlier meetings in 1998 in Accra and 2008 in Addis Ababa, will attempt to fill the void by identifying the best practices or lessons of current programs, projects and initiatives and assessing gains or progress achieved; it will also examine the state and nature of regional network in peace building and propose future directions. Filling the current void will provide opportunity for self assessment and reflection among advocates, practitioners and scholars, analysis of common practices and experiences, and ensure sustainability of emergent popularity and promise of peace studies and conflict resolution projects in Africa.
The meeting will also facilitate regional networking and development of common standards of ethics for ADR and/or conflict resolution practice and training as well as articulate evaluation benchmarks. In your abstract, please include your title, 100 word descriptions of your data, key findings and recommendations, plus your institution/organization and contact details.
CALL FOR PAPERS
Deadline for submission of Abstracts
May 2, 2011.
Send proposals to: uwazieee@csus.edu
GUIDELINES FOR SUBMISSIONS
Only online submissions will be accepted.
Abstracts must be 100 words and should include your title, description of your data, key findings and recommendations as well as your institution/organization with which you are affiliated or identified.
Submissions must be in MS Word.
Font style: Calibri body.
Font size: 12 with double spacing.
Early submission is strongly encouraged.
Please endeavor to use the same email address for all correspondence.
Full Papers
Papers must be of of 15‐20 pages, including illustrations/tables and references.
Interactive Presentations
An interactive presentation, for the purposes of this conference, is either a photographic presentation or a video‐graphic presentation. Some researches are easily adapted to this style, especially in the area of case studies and role plays. If your presentation is in this category, please indicate it in your proposal and also indicate what accessory it may require.
Panel Sessions
Proposals for panel discussions must, in addition to satisfying the requirements for abstracts and paper presentations, include a 50 – 75 word rationale to appear in the conference programme, participant’s name and their background information. The rationale should explain the importance of the topic and why it is of interest to participants.The panel members you propose must agree in advance of submission to
participate as panel presenters AND to register for the conference.
Please note that this conference has not established registration waivers.
Ethical Considerations
Authorship: Authors must give credit through references or notes to the original author of any idea or concept presented in the paper or proposal. This includes direct quotations and paraphrases.
Publication or presentation history: If material in your presentation has been published, presented, or accepted for publication or presentation, this must be disclosed in your paper or proposal. And note that depending on the decision of the reviewers, this may render your material ineligible.
Conference attendance: If your panel, paper, or interactive display presentation is accepted for this conference, you have a commitment to register for and attend the conference and perform your assigned role. All chairs and respondents also make this commitment. If extenuating circumstances prevent you from attending, please find a substitute to perform your duties and notify the organisers through the contacts given in this Call for Papers.
Conference Registration fee: US$100
The fee caters for space, refreshments, supplies/materials, and logistics/arrangements.
Hotel/Lodging: Accra (to be determined).
Participants are responsible for their travel costs and arrangements. Travel grants for researchers from soft‐ currency countries are yet to be established.
Paper Distribution
Select papers will be published in a post –conference /follow‐up book project.
For the conference, we will have a CD‐based paper distribution system. All conference registrants, as part of their fees, will have automatic access to all papers from the conference. Papers distributed will be those submitted/accepted during the review process. Non‐attendees should contact the conference organisers
on how to obtain copies of the papers after the conference at a fee. Fees will be used to support some conference needs.
Submission of Papers, Rights, and Agreement
By submitting papers, abstracts, author names, diagrams, and other data (the “submission”) to the conference organisers for inclusion in the 2011 conference, authors understand that they become part of an agreement between the organisers of the conference, CAPCR and GHACMA, and stipulates as follows:
As part of the conference, this submission may be included and/or made available in an online conference website, printed conference documents, or other online or electronic media. After the conference, accepted submissions will be archived and distributed as a participating submission of the PCR conference.
Authors grant certain rights and privileges to CAPCR and GHACMA.
Authors grant to CAPCR and GHACMA, a nonexclusive, royalty‐free, transferable license to reproduce, distribute, create derivative works from, publicly perform, and publicly display the submission in all
languages, in whole or in part, to end users through a direct online or relicense or sale of information products, including but not limited to all formats of magnetic digital, CD‐ROM, tape, online hosts, Internet services, and other electronic, laser, or optical media or other formats now known or hereafter discovered.
CAPCR and GHACMA shall have the right to register copyright to the submission and the accompanying abstract in their name as claimant as part of the conference proceedings or other medium in which such submission is included. An author submitting a paper to this conference retains the right to publish this work in a journal or other publication without limitation by CAPCR or GHACMA or other affiliates.
Co‐sponsors/Partners:
Institute of Peace & Conflict Resolution, Abuja, Nigeria
Peace and Conflict Studies Programme, University of Ibadan, Nigeria
Negotiation Conflict Management Group, Nigeria
West African Research Center, Senegal
Search for Common Ground, Liberia
Kofi Annan Institute of Peace & Conflict Transformation, University of Liberia
Peace and Conflict Studies, Fourah Bay College, University of Sierra Leone
Centre for Conflict Resolution, University of Cape Town, South Africa
ACCORD, South Africa
Center for Conflict Resolution (CECORE), Uganda
Chartered Institute of Arbitrators, Kenya
Ethiopia Dispute Resolution Association, Addis Ababa
‐‐‐‐‐‐‐More‐‐‐‐‐
CONTACTS
USA
Prof. Ernest Uwazie
uwazieee@csus.edu
www.csus.edu/org/capcr
GHANA
Mr. Saeed Musah‐Khaleepha
saeed@ghacma.org
www.ghacma.org
Topics
Presentations are invited from all areas of experience and case studies of alternative dispute resolution and peace studies at/by governmental agencies and nongovernmental organizations, educational institutions, Chambers of Commerce and Election Commissions among several others.
Thematic Areas include and not limited to the following:
1. Governance Disputes
Including political disputes, government administration/ civil service disputes and
electoral/election disputes
2. Extractive Industries Disputes
Including mining, oil and gas and quarrying
3. Commercial Disputes
Including employment and labour relations
4. Cultural/Ethnic Disputes
Including chieftaincy issues and succession, community and indigenous
justice systems
5. Construction Disputes
6. Property/Assets Disputes
Including land disputes
7. Family Disputes
Including marriage and divorce, child custody and inheritance disputes
8. Peace Education
Peace education as part of the curriculum of educational institutions and peace
education in institutions and to the larger public
9. Mainstreaming ADR:
Including judicial justice reform, challenges, Lessons and the way forward,
ADR legislations and legislations that give room for ADR
10. National Reconciliation and Transitional Justice
11. Gender
12. Human Rights
13. Youth non‐violence and leadership
14. Disability issues
15. Building a culture of Peace and its sustainability
Including national architectures for peace, the role of peace councils and civil society and non‐governmental organisations
16. Crisis Response and national security concerns.
Including the role of the Red Cross/Crescent organizations, disaster
management and other relief efforts
17. Trends in the usage of ADR Mechanisms
18. Congregational/Religious Disputes
Including intra‐faith and inter‐faith disputes
19. Security interventions and armed conflicts
Including declaration of state of emergencies and imposition of curfews,
peacekeeping operations and Deescalation, Disarmament and Reintegration
(DDR) efforts
The conference will be divided into four sessions comprising ADR, Peace Education, Conflict Interventions and Allied Fields respectively.
Special Workshops
Subject to available resources and personnel
special workshops will be held in the following
areas:
1. ADR in electoral disputes;
2. Kidnapping and hostage negotiation;
3. ADR in Oil and gas cases.
And
The Center for African Peace & Conflict Resolution,CALIFORNIA STATE UNIVERSITY, SACRAMENTO
Present
The Third International Africa Peace and Conflict Resolution Conference on:
ADR AND PEACE STUDIES IN AFRICA, 15 YEARS LATER: LESSONS AND FUTURE DIRECTIONS
JULY 26‐28, 2011
Alternative Dispute Resolution (ADR) and related conflict resolution programmes emerged in Africa in the mid 1990s, followed by peace studies in the 2000s. During the said periods, many government and educational institutions and non‐governmental organizations have been created in different parts of Africa; various related programs and projects have been developed or implemented, and certain enabling legislations, policies and institutions created. However, there is paucity of knowledge or research on the key lessons and networking prospects of these various peace and conflict resolution initiatives and their effectiveness in reducing conflicts, increasing peace and development, and promoting social justice.
This 3rd international meeting, following earlier meetings in 1998 in Accra and 2008 in Addis Ababa, will attempt to fill the void by identifying the best practices or lessons of current programs, projects and initiatives and assessing gains or progress achieved; it will also examine the state and nature of regional network in peace building and propose future directions. Filling the current void will provide opportunity for self assessment and reflection among advocates, practitioners and scholars, analysis of common practices and experiences, and ensure sustainability of emergent popularity and promise of peace studies and conflict resolution projects in Africa.
The meeting will also facilitate regional networking and development of common standards of ethics for ADR and/or conflict resolution practice and training as well as articulate evaluation benchmarks. In your abstract, please include your title, 100 word descriptions of your data, key findings and recommendations, plus your institution/organization and contact details.
CALL FOR PAPERS
Deadline for submission of Abstracts
May 2, 2011.
Send proposals to: uwazieee@csus.edu
GUIDELINES FOR SUBMISSIONS
Only online submissions will be accepted.
Abstracts must be 100 words and should include your title, description of your data, key findings and recommendations as well as your institution/organization with which you are affiliated or identified.
Submissions must be in MS Word.
Font style: Calibri body.
Font size: 12 with double spacing.
Early submission is strongly encouraged.
Please endeavor to use the same email address for all correspondence.
Full Papers
Papers must be of of 15‐20 pages, including illustrations/tables and references.
Interactive Presentations
An interactive presentation, for the purposes of this conference, is either a photographic presentation or a video‐graphic presentation. Some researches are easily adapted to this style, especially in the area of case studies and role plays. If your presentation is in this category, please indicate it in your proposal and also indicate what accessory it may require.
Panel Sessions
Proposals for panel discussions must, in addition to satisfying the requirements for abstracts and paper presentations, include a 50 – 75 word rationale to appear in the conference programme, participant’s name and their background information. The rationale should explain the importance of the topic and why it is of interest to participants.The panel members you propose must agree in advance of submission to
participate as panel presenters AND to register for the conference.
Please note that this conference has not established registration waivers.
Ethical Considerations
Authorship: Authors must give credit through references or notes to the original author of any idea or concept presented in the paper or proposal. This includes direct quotations and paraphrases.
Publication or presentation history: If material in your presentation has been published, presented, or accepted for publication or presentation, this must be disclosed in your paper or proposal. And note that depending on the decision of the reviewers, this may render your material ineligible.
Conference attendance: If your panel, paper, or interactive display presentation is accepted for this conference, you have a commitment to register for and attend the conference and perform your assigned role. All chairs and respondents also make this commitment. If extenuating circumstances prevent you from attending, please find a substitute to perform your duties and notify the organisers through the contacts given in this Call for Papers.
Conference Registration fee: US$100
The fee caters for space, refreshments, supplies/materials, and logistics/arrangements.
Hotel/Lodging: Accra (to be determined).
Participants are responsible for their travel costs and arrangements. Travel grants for researchers from soft‐ currency countries are yet to be established.
Paper Distribution
Select papers will be published in a post –conference /follow‐up book project.
For the conference, we will have a CD‐based paper distribution system. All conference registrants, as part of their fees, will have automatic access to all papers from the conference. Papers distributed will be those submitted/accepted during the review process. Non‐attendees should contact the conference organisers
on how to obtain copies of the papers after the conference at a fee. Fees will be used to support some conference needs.
Submission of Papers, Rights, and Agreement
By submitting papers, abstracts, author names, diagrams, and other data (the “submission”) to the conference organisers for inclusion in the 2011 conference, authors understand that they become part of an agreement between the organisers of the conference, CAPCR and GHACMA, and stipulates as follows:
As part of the conference, this submission may be included and/or made available in an online conference website, printed conference documents, or other online or electronic media. After the conference, accepted submissions will be archived and distributed as a participating submission of the PCR conference.
Authors grant certain rights and privileges to CAPCR and GHACMA.
Authors grant to CAPCR and GHACMA, a nonexclusive, royalty‐free, transferable license to reproduce, distribute, create derivative works from, publicly perform, and publicly display the submission in all
languages, in whole or in part, to end users through a direct online or relicense or sale of information products, including but not limited to all formats of magnetic digital, CD‐ROM, tape, online hosts, Internet services, and other electronic, laser, or optical media or other formats now known or hereafter discovered.
CAPCR and GHACMA shall have the right to register copyright to the submission and the accompanying abstract in their name as claimant as part of the conference proceedings or other medium in which such submission is included. An author submitting a paper to this conference retains the right to publish this work in a journal or other publication without limitation by CAPCR or GHACMA or other affiliates.
Co‐sponsors/Partners:
Institute of Peace & Conflict Resolution, Abuja, Nigeria
Peace and Conflict Studies Programme, University of Ibadan, Nigeria
Negotiation Conflict Management Group, Nigeria
West African Research Center, Senegal
Search for Common Ground, Liberia
Kofi Annan Institute of Peace & Conflict Transformation, University of Liberia
Peace and Conflict Studies, Fourah Bay College, University of Sierra Leone
Centre for Conflict Resolution, University of Cape Town, South Africa
ACCORD, South Africa
Center for Conflict Resolution (CECORE), Uganda
Chartered Institute of Arbitrators, Kenya
Ethiopia Dispute Resolution Association, Addis Ababa
‐‐‐‐‐‐‐More‐‐‐‐‐
CONTACTS
USA
Prof. Ernest Uwazie
uwazieee@csus.edu
www.csus.edu/org/capcr
GHANA
Mr. Saeed Musah‐Khaleepha
saeed@ghacma.org
www.ghacma.org
Topics
Presentations are invited from all areas of experience and case studies of alternative dispute resolution and peace studies at/by governmental agencies and nongovernmental organizations, educational institutions, Chambers of Commerce and Election Commissions among several others.
Thematic Areas include and not limited to the following:
1. Governance Disputes
Including political disputes, government administration/ civil service disputes and
electoral/election disputes
2. Extractive Industries Disputes
Including mining, oil and gas and quarrying
3. Commercial Disputes
Including employment and labour relations
4. Cultural/Ethnic Disputes
Including chieftaincy issues and succession, community and indigenous
justice systems
5. Construction Disputes
6. Property/Assets Disputes
Including land disputes
7. Family Disputes
Including marriage and divorce, child custody and inheritance disputes
8. Peace Education
Peace education as part of the curriculum of educational institutions and peace
education in institutions and to the larger public
9. Mainstreaming ADR:
Including judicial justice reform, challenges, Lessons and the way forward,
ADR legislations and legislations that give room for ADR
10. National Reconciliation and Transitional Justice
11. Gender
12. Human Rights
13. Youth non‐violence and leadership
14. Disability issues
15. Building a culture of Peace and its sustainability
Including national architectures for peace, the role of peace councils and civil society and non‐governmental organisations
16. Crisis Response and national security concerns.
Including the role of the Red Cross/Crescent organizations, disaster
management and other relief efforts
17. Trends in the usage of ADR Mechanisms
18. Congregational/Religious Disputes
Including intra‐faith and inter‐faith disputes
19. Security interventions and armed conflicts
Including declaration of state of emergencies and imposition of curfews,
peacekeeping operations and Deescalation, Disarmament and Reintegration
(DDR) efforts
The conference will be divided into four sessions comprising ADR, Peace Education, Conflict Interventions and Allied Fields respectively.
Special Workshops
Subject to available resources and personnel
special workshops will be held in the following
areas:
1. ADR in electoral disputes;
2. Kidnapping and hostage negotiation;
3. ADR in Oil and gas cases.
Monday 31 January 2011
Resolving Oil and Gas Disputes, Chief Justice Wood recommends the use of Alternative Dispute Resolution (ADR)
RESOLVING OIL AND GAS DISPUTES: EXPERIENCES FROM THE OIL RICH NIGER DELTA
Address by the Guest of Honour, the Chief Justice, Her Ladyship Mrs Georgina Theodora Wood
Delivered at British Council Hall, Accra on Tuesday January 18th at 5:00pm
ORGANISED UNDER THE AUSPICES OF GHANA ASSOCIATION OF CERTIFIED MEDIATORS AND ARBITRATORS (GHACMA) www.ghacma.org
Mr. Chairman - Odeneho Gyapong Ababio, Omanhene of Sefwi Bekwai, Vice President of GHACMA, Your Lordships, Judges and Magistrates, members of GHACMA, distinguished invited guests, the press, ladies and gentlemen;
Some fifteen years ago under the auspices of the Centre for African Peace and Conflict Resolution, California State University, Sacramento, Professor Uwaziee, who happens to be the guest speaker for this evening, invited a group of Judges, academics and legal practitioners from the sub-region for training in conflict management and Alternative Dispute Resolution (ADR). I was privileged to be nominated by the Chief Justice at the time, as the judiciary’s representative. It was indeed a gruelling one month Trainer of Trainers programme as anyone who has ever had a taste of a US State Department sponsored study or Visitors programme would readily attest to. He has since then shown considerable interest in the growth of ADR in Ghana, and has made several visits to Ghana to offer support and guidance in our quest to entrench ADR in Ghana.
It is with great delight that some fifteen years thereafter, today we are all honoured here to welcome Professor Uwaziee into our country and hear him speak on a subject area most dear to his heart. The topic could not have been more appropriate considering the realisation the world has come to, that co-operation, interdependence and mutual respect are some of the values to adopt in confronting the common problems of oil producing countries on our continent in this age. The world today as most people say has become a global village; it is becoming much more harmonised and borderless. It is fairly easy therefore to say that our destinies are now inextricably intertwined and our ambitions and goals of securing the dignity of man, peace and security in the world have merged.
What makes the topic “Resolving Oil and Gas Dispute through ADR-Experiences from the Oil Rich Niger Delta of Nigeria” very appropriate is the fact that upstream Oil and Gas production, being a new economic activity in Ghana will certainly pose challenges to stakeholders and industry practitioners.
The oil and gas industry definitely will open new legal frontiers in legal practice in Ghana. The Legal Community in Ghana will deal with disputes inherent in the oil and gas industry such as preparation of petroleum agreements, contracts for the warehousing and storage of goods and equipment, haulage of such goods and equipment, leasing of equipment, negotiations for and preparation of sub-contracts, labour, environment and human rights.
The advantage of ADR cannot be over-emphasized. Apart from being private and confidential, thus preserving industry secrets, it is also faster and very efficient since the parties have control over the process. The other importance of ADR as a method of resolving disputes in the industry is the opportunity accorded the parties to use Experts in the industry as arbitrators or mediators. This brings Industry practices to bear on the process of settling the disputes.
ADR has been promoted in Ghana since the 1990’s and it has taken roots in the Ghanaian Judicial process leading to the enactment of the ADR Act (ACT 798) of 2010. It is expected that players in the oil and gas industry would resort to ADR as the appropriate method of resolving disputes rather than litigation.
I am happy to report that our courts have of late been enforcing such Dispute Resolution clauses in such contracts. I must emphasise the importance of legal practitioners acquainting themselves with the theory and practice of ADR so that they can opt for its use in appropriate cases. There is thus the need for lawyers to study the nature and effect of such Dispute Resolution Clauses in contracts in order to avoid litigation whenever appropriate May I gently remind legal practtiioners of the importance courts in other jurisdictions attach to ADR. Two cases will suffice. First, in Malkins Nominees Ltd v Societe Financiere Mirelis SA (2002) it was held that one part had made a genuine offer to resolve the matter by ADR, it was incumbent on the other party to return at an appropriate time to take up that suggestion. In this case, the successful party unreasonably refused to resolve the matter by ADR and so was awarded 85% of the costs.
Further, in Frank Cowl and others v. Plymouth County Council [2001] Lord Woolf criticized the claimants for failing to take up an offer to settle their dispute through a statutory complaints panel that held that “Today sufficient should be known about ADR to make the failure to adopt it indefensible.”
This lecture coming from no other person than Professor Ernest Uwaziee and which will be based on experiences from nearby Niger Delta of Nigeria will undoubtedly provide useful lessons for each one of us here.
I warmly welcome you all to this lecture.
Address by the Guest of Honour, the Chief Justice, Her Ladyship Mrs Georgina Theodora Wood
Delivered at British Council Hall, Accra on Tuesday January 18th at 5:00pm
ORGANISED UNDER THE AUSPICES OF GHANA ASSOCIATION OF CERTIFIED MEDIATORS AND ARBITRATORS (GHACMA) www.ghacma.org
Mr. Chairman - Odeneho Gyapong Ababio, Omanhene of Sefwi Bekwai, Vice President of GHACMA, Your Lordships, Judges and Magistrates, members of GHACMA, distinguished invited guests, the press, ladies and gentlemen;
Some fifteen years ago under the auspices of the Centre for African Peace and Conflict Resolution, California State University, Sacramento, Professor Uwaziee, who happens to be the guest speaker for this evening, invited a group of Judges, academics and legal practitioners from the sub-region for training in conflict management and Alternative Dispute Resolution (ADR). I was privileged to be nominated by the Chief Justice at the time, as the judiciary’s representative. It was indeed a gruelling one month Trainer of Trainers programme as anyone who has ever had a taste of a US State Department sponsored study or Visitors programme would readily attest to. He has since then shown considerable interest in the growth of ADR in Ghana, and has made several visits to Ghana to offer support and guidance in our quest to entrench ADR in Ghana.
It is with great delight that some fifteen years thereafter, today we are all honoured here to welcome Professor Uwaziee into our country and hear him speak on a subject area most dear to his heart. The topic could not have been more appropriate considering the realisation the world has come to, that co-operation, interdependence and mutual respect are some of the values to adopt in confronting the common problems of oil producing countries on our continent in this age. The world today as most people say has become a global village; it is becoming much more harmonised and borderless. It is fairly easy therefore to say that our destinies are now inextricably intertwined and our ambitions and goals of securing the dignity of man, peace and security in the world have merged.
What makes the topic “Resolving Oil and Gas Dispute through ADR-Experiences from the Oil Rich Niger Delta of Nigeria” very appropriate is the fact that upstream Oil and Gas production, being a new economic activity in Ghana will certainly pose challenges to stakeholders and industry practitioners.
The oil and gas industry definitely will open new legal frontiers in legal practice in Ghana. The Legal Community in Ghana will deal with disputes inherent in the oil and gas industry such as preparation of petroleum agreements, contracts for the warehousing and storage of goods and equipment, haulage of such goods and equipment, leasing of equipment, negotiations for and preparation of sub-contracts, labour, environment and human rights.
The advantage of ADR cannot be over-emphasized. Apart from being private and confidential, thus preserving industry secrets, it is also faster and very efficient since the parties have control over the process. The other importance of ADR as a method of resolving disputes in the industry is the opportunity accorded the parties to use Experts in the industry as arbitrators or mediators. This brings Industry practices to bear on the process of settling the disputes.
ADR has been promoted in Ghana since the 1990’s and it has taken roots in the Ghanaian Judicial process leading to the enactment of the ADR Act (ACT 798) of 2010. It is expected that players in the oil and gas industry would resort to ADR as the appropriate method of resolving disputes rather than litigation.
I am happy to report that our courts have of late been enforcing such Dispute Resolution clauses in such contracts. I must emphasise the importance of legal practitioners acquainting themselves with the theory and practice of ADR so that they can opt for its use in appropriate cases. There is thus the need for lawyers to study the nature and effect of such Dispute Resolution Clauses in contracts in order to avoid litigation whenever appropriate May I gently remind legal practtiioners of the importance courts in other jurisdictions attach to ADR. Two cases will suffice. First, in Malkins Nominees Ltd v Societe Financiere Mirelis SA (2002) it was held that one part had made a genuine offer to resolve the matter by ADR, it was incumbent on the other party to return at an appropriate time to take up that suggestion. In this case, the successful party unreasonably refused to resolve the matter by ADR and so was awarded 85% of the costs.
Further, in Frank Cowl and others v. Plymouth County Council [2001] Lord Woolf criticized the claimants for failing to take up an offer to settle their dispute through a statutory complaints panel that held that “Today sufficient should be known about ADR to make the failure to adopt it indefensible.”
This lecture coming from no other person than Professor Ernest Uwaziee and which will be based on experiences from nearby Niger Delta of Nigeria will undoubtedly provide useful lessons for each one of us here.
I warmly welcome you all to this lecture.
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