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The African Charter as a Tool in Conflict Resolution

In document Final Master Thesis (pagina 31-36)

If Nigeria is to avoid or resolve the herder-farmer conflict, it is essential to allocate the natural resources amongst the farmers and herders effectively. Without adequately addressing the issues farmers and herders face, Nigeria cannot guarantee natural resources for farmers and herders. Conversations and initiatives concerning conflict resolution and restoring peace between farmers and herders have started to decrease extreme violence, but progress is slow.

Therefore, it is worth questioning whether another approach could address the conflict better and offer an adequate solution. The analysis of the African Charter in the last part shows the role the State has in ensuring African human rights related to access to natural resources. The promotion and protection of human rights could be important to the resolution of conflicts.

Hence, engaging a human rights approach to conflict resolution. In general, the conflict resolution and human rights fields pursue similar goals engulfed in violence. However, they find themselves at odds because they hold different perceptions about priorities, fundamental values and methodologies to achieve their objectives.192 Therefore, the question is how the promotion and protection of human rights can be used for conflict resolution. Namely, there is a greater demand and need for effective operationalisation of applicable human and peoples’

rights regimes in conflict and crises.193 The African Charter is quite distinct in its approach to human rights. Therefore, a second question answered in this part is what role the several aspects of the African Charter can play in the human rights approach to conflict resolution.

4.1 The human rights and conflict resolution fields

Traditionally, human rights and conflict resolution have been seen as two separate fields, with different principles and approaches towards achieving peace.194 Numerous scholars, including Eileen Babbitt and Michelle Parlevliet have analysed these differences and illustrated how these tensions could be understood and used to reach their goals. On the one hand, conflict resolution prioritises halting ongoing violence by prioritising a ‘well-designed process of engagement and problem-solving’ aiming to facilitate impartial dialogue mechanisms among participants and show no bias in how various parties are treated.195 International conflict resolvers come from a

192 Michelle Brigitte Parlevliet, ‘Embracing concurrent realities: Revisiting the Relationship between human rights and conflict resolution’ (PhD thesis, University of Amsterdam 2015) 110.

193 Addressing Human Rights Issues in Conflict Situations (n 35) V.

194 Parlevliet (n 192) 101 – 109.

195 Claudia Fuentes-Julio & Raslan Ibrahim, ‘A Human Rights Approach to Conflict Resolution’

(2019) 33(3) Ethics & International Affairs 261, 262.

multiplicity of fields, and unlike human rights, there is no codified set of norms that govern the field and bind conflict resolution practitioners together.196 However, principles such as participation, inclusion, empowerment, culture sensitivity, and equity frame their practice. 197 It is less concerned about normative considerations and imbalances and sees human rights as a by-product of peace, not a significant component for building peace.198 The field of human rights, on the other hand, places much more emphasis on upholding international human rights law. It focuses on how ‘human rights standards are meant to protect the weak from abuse of power by the strong and violations are seldom equally or proportionally distributed between opposing factors’ and thus places much more emphasis on the State concerning the individual and the group.199 Between themselves, the field of human rights and conflict resolvers face tensions. For example, during the conflict, human rights NGO’s use their advocacy skills to protect the lives and other rights of civilians, whilst conflict resolution NGO’s assist key stakeholders in engaging in a process directed at ending the violence.200 Even though these two camps’ differences are fundamental, they highlight different aspects of a complex reality, and it would be valuable and productive to integrate them.201 They are interdependent and complement one another more often than is usually realised.202 Drawing on insights and tools from both fields towards social change can become more meaningful, effective and sustainable, leading to fulfilling the ultimate goals of each.203

4.2 A human rights approach to conflict resolution

A human rights-based approach has a few characteristics. First, the primary goal is to realise human rights enshrined in international treaties.204 Second, the human rights perspective highlights the entitlements of rights holders and the obligations of duty bearers.205 Principally,

196 Ellen L. Lutz, Eileen F. Babbitt & Hurst Hannum, ‘Human Rights and Conflict Resolution from the Practioner’s Perspectives’ (2003) 27(1) Flechter Forum of World Affairs 173, 177.

197 Ibid 176 – 177.

198 Fuentes-Julio & Ibrahim (n 195) 262; Julie A. Mertus & Jeffrey W. Helsing, Human Rights &

Conflict. Exploring the Links between Rights, Law and Peacebuilding (US Institute of Peace 2006) 9

199 Michelle Brigitte Parlevliet, ‘The Transformative Potential of Human Rights in Conflict resolution’

in Claudia Fuentes-Julio and Paula Drumond, Human Rights and Conflict Resolution (Routledge 2017) 26.

200 Lutz, Babbitt & Hannum (n 196) 188.

201 Fuentes-Julio & Ibrahim (n 195) 262 - 263. Page 192.

202 Michelle Brigitte Parlevliet, ‘Connecting human rights and conflict transformation: what can the approaches learn from each other?’ (2012) 108 Newsletter- Kompetenzzentrum Friedensförderung 5, 6.

203 Ibid.

204 Fuentes-Julio & Ibrahim (n 195) 263.

205 Ibid.

the duty bearer of international human rights law is the State.206 Third, all phases of the processes in which several actors are involved are guided by the meaning and principles of human rights.207 Moreover, core principles of human rights shape all levels of discussion and serve as a benchmark in assessing the application of the response.208 These principles include universality, inalienability, indivisibility, interdependence and inter-relatedness of human rights; non-discrimination and equality; participation and inclusion; and accountability and the rule of law.209 Fourth, a human rights approach emphasizes power imbalances and inequality.210 The rationale of international human rights norms was to protect weak and vulnerable individuals and groups from the abuse of the State or other actors.211

When applied to conflict resolution, a human rights perspective can help with identifying mechanisms, a set of standards, principles and values that offers guidance for addressing and transforming conflict.212 A human rights approach as a conceptual basis for conflict resolution that is normatively based on human rights standards and directed towards promoting and protecting human rights is valuable.213 Human rights standards can shape how the resolution of the conflict is conducted and guide actors, such as the State, to follow a set of principles during the different phases of conflict.214 More generally, the protection and promotion of human rights are thought to address structural causes of conflict by responding to basic universal needs for dignity, equality and freedom.215 It also contributes to generating confidence in conflict resolution processes. Local actors often feel more protected under this framework, and international actors are more willing to offer their support when human rights are used as a guiding principle.216 Moreover, by focusing on social justice, more participation of affected communities is involved in the conflict resolution process. Specific measures are

206 Morten Broberg & Hans-Otto Sano, ‘Strength and Weaknesses in a Human Rights-Based Approach to International Development: An Analysis of a Rights-Based Approach to Development assistance based on Practical Experiences’ (2008) 22(5) The International Journal of Human rights 664, 667.

207 Fuentes-Julio & Ibrahim (n 195) 263

208 Ibid.

209 Ibid.

210 Eileen F. Babbit, ‘Conflict Resolution and Human Rights in Peacebuilding: Exploring the Tensions’ (2011) 48(2) United Nations Publications 27, 29.

211 Fuentes-Julio & Ibrahim (n 195) 263.

212 Michelle Brigitte Parlevliet, ‘Briefing Note: Human Rights and Conflict Transformation’ (United Nations 2017) para 21.

213 Fuentes-Julio & Ibrahim (n 195) 264.

214 Ibid.

215 Parlevliet (n 212) para 23.

216 Fuentes-Julio & Ibrahim (n 195) 264.

taken to protect vulnerable populations, strengthening human rights principles from the bottom up.217

4.3 The African Conception of Human Rights in the African Charter

A criticism and challenge of a human rights approach to conflict resolutions could be the idea that a human rights perspective is a one-size-fits-all approach without considering the local context.218 Most African States face problems in modernisation and development compared to States in the West, which may pose particular problems in human rights.219 Thus, it may be argued that African people have to respond to challenges on their continent in their way. When the drafters of the African Charter were tasked with preparing an African Charter on human rights, they aimed to reflect ‘the African conception of human rights’, ‘the African philosophy of law’, which met the needs of Africa.220 Furthermore, the drafting Committee was counselled to show that African values and morals still occupy an important place in African societies.221 The Charter accordingly also considers ‘the virtues of African historical tradition and the values of African civilisation which should inspire and characterise their reflection on the concept of human and peoples’ rights’.222 This makes the human rights approach in the Charter different from other regional instruments such as the European Convention on Human Rights223 and the American Convention of Human Rights.224 Although there may be some common beliefs and values, the African Charter shows that cultural differences lead to variation in human rights and freedoms.225 Moreover, the African Charter is a synthesis of universal and African elements.226 For example, traditional African society shows some divergence from the Western social organisation by emphasising the community rather than individuals.227 This indicates the importance of the group or community in which the individual could express his identity.228

217 Ibid 265 – 266.

218 Fuentes-Julio & Ibrahim (n 195) page 270.

219 D’Sa (n 110) 74.

220 Ibid 73.

221 Udombana (n 127) 110.

222 African Charter, Preamble, para 5

223 Council of Europe, European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14 (adopted 4 November 1950, entered into force 3 September 1953) ETS 5.

224 Organization of American States, American Convention on Human Rights, “Pact of San Jose”

(adopted 22 November 1969, entered into force 18 July 1978).

225 D’Sa (n 110) 74.

226 Udombana (n 127) 110.

227 D’Sa (n 110) 74.

228 Ibid 77.

Articles 27 to 29 of the African Charter reflects this idea, which imposes the individual obligations towards ‘his family and society, the State and other legally recognised communities and the international community. Another example of the group or community’s importance is the concept of ‘peoples’ rights in the African Charter.229

4.4 Conclusion

Human rights and conflict resolution have been traditionally perceived as two separate fields that do not interact per se and have contradictory principles and approaches towards achieving peace. However, the process of conflict resolution can be strengthened if both the normative and legal basis of international human rights are invoked. The main characteristics of a human rights approach to conflict resolution can enrich the theory and conflict resolution practice.

Moreover, it can give the State, who is considered the duty bearer, a set of standards that offer guidance in transforming a conflict yet ensuring the promotion and protection of human rights.

Applying this to the farmers and herders in Nigeria, the African Charter can serve as a benchmark or conceptual framework that can guide conflict resolution processes. Moreover, being that the African Charter shows the importance of African ownership and understanding the local context, if an African State will solve a problem, it is more likely to want to respond in a way that recognises the traditions and values of its continent.

229 Ibid 76 – 77.

In document Final Master Thesis (pagina 31-36)