Amani Papers

What the project is about

Introduction

The policy briefs are published by UNDP-Kenya through the Peace Building and Conflict Prevention unit. Submissions for Amani papers are welcome throughout the year. The most recent is Amani papers Vol 2 no 3 Laying Down the Spear: Promoting Sustainable Peace in Kenya through Alternative Dispute Resolution Mechanisms.

Brief summary on Alternative Dispute Resolution - In Kenya particularly, conflicts among the pastoralist communities is not new; it has become their way of life due to some culturally acceptable practices that foster violent conflicts. Government efforts at resolving these endemic conflicts have often been viewed as foreign, ill-advised and dictatorial. Until the communities came together to devise their ‘own’ indigenous and negotiated solutions which the government recognized, peace-building in these areas had largely been a failure. This policy brief discusses Alternative Dispute Resolution (ADR) mechanisms in Kenya, and gives recommendations how they can be integrated into the mainstream legal approaches to provide synergy in promoting sustainable peace.

Alternative Dispute Resolution, ADR, is fast becoming the preferred method of resolving disputes and conflicts worldwide to a universality of situations hitherto governed by court processes and warfare among nations. This paradigm shift has been necessitated by the realization of the need to avoid the costly, lengthy and public exhibition of differences that characterize the litigation process. The law system of jurisprudence carries within it the seeds of continued conflict due to its adversarial nature and zero-sum effect of winner and loser in any contested issue.

The decision to employ ADR in conflict resolution involves the study of profoundly alienated social relationships and the processes that may be used to reconstruct them. In many settings, ADR is perceived to be an inclusive and less acrimonious process thereby granting it legitimacy for both dispute and conflict resolution. ADR, also known as External Dispute Resolution or Delegalization in some countries such as Australia, represents a movement away from the formal or court processes which are perceived as largely adversarial, to the more informal processes of conflict resolution. Thus, ADR is viewed as an alternative to litigation.

OTHER AMANI PAPERS INCLUDE

  1. Conflict in Mandera
  2. Conflict in Isiolo, Samburu East and Marsabit.
  3. Aproaches to National Cohesion and Integration
  4. Judicial Vetting Processes.
  5. Peace Dividends: Consolidating Peace in Northern Kenya through Peace Dividends Projects

 

Our Partners



UNDP has partnered with the National Steering Committee for Peace Building Management, OCHA, Ministry of Arid Lands and Northern Kenya in this project. 

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