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
Monday 29 August 2011
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
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