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MR©-02-03-'04   

   
 


Mediation and Training Centre for Conflict Management and Peace Building

Summary
The increased and complex intrastate conflicts as well as the effects of globalisation during the last decade have created the need, now more than ever, for conflict preventive resources.
One of the most effective tools in conflict prevention is mediation. This requires trained mediators, and proper venues for the mediation itself, both of which need to be tackled through a comprehensive and thorough research on the requirements. Although there are some individuals that presently act as mediators, capacity remains limited. Moreover, there is an ever-greater need to build up the mediation capacity, especially in local communities that are operating at the regional and sub-regional levels. To that aim, International Alliances (IA) is developing its Mediation and Training Centre for Conflict Management and Peace Building. The purpose of this institute is to provide support in four areas: (a) mediation training, (b) mediation, (c) conflict prevention/resolution and peace building research, and (d) public information.

Field Action inspired Think Tank as basis for Mediation and Training
The establishment and development of the Mediation Centre of International Legal Alliances is based on the expertise acquired in its field missions, which give momentum to the mediation activities that ILA has and will undertake(n). Therefore, ILA is to link these activities to a presence in the field in areas where conflict exists.

Context of the ILA Centre for Mediation and Reconciliation
The 1990s witnessed: (a) the rise of nationalism and (b) globalisation in absence of a supra-national administrative body. The rise of nationalism (a) often resulted in internecine conflict as it did in the former Yugoslavia. In other parts of the world, for example Rwanda, nationalism in the absence of international responsibility to protect, resulted in genocide against the country’s minority. Presently, 95 per cent of the conflicts are within states, and derive exclusively from nationalist policies and ideals. Thus, violent conflict is taking place within, rather than between, states.  (b) The globalisation of the world economy and an increased interdependency among all states, accelerated during the 1990s as the 'Western' States dominated the spectrum, often at the detriment of the less developed states in the world. Lacking a powerful global administrative body, the world has become more insecure and in turn fuels nationalism.

These developments have created a world polarised along socio-economic, cultural and national lines. In this climate, ever more emphasis needs to be placed on conflict prevention.

This reorientation from mid-conflict intervention to actual conflict prevention is central to the recently released report of the International Commission on Intervention and State Sovereignty (Commission).[1] The purpose of this Commission is to address the poignant question of the relation between the Sovereignty of States and International Intervention. After broad consultation with the key-players from the international and local communities including the permanent members of the Security Council, it was agreed that state sovereignty implies the responsibility to protect the entire population within any given state’s territory. On this basis, if a state fails in this, either on purpose or because of a lack of means, then the international community has the responsibility to protect, and thus to intervene in an appropriate way. In exceptional cases, the international community might have the responsibility to intervene militarily[2] (respecting basic rules, such as last resort, proportionality, follow-up etc), but only if all other means of intervention have failed. The Commission emphasises that 'prevention is the single most important dimension of the responsibility to protect' and that 'prevention options should always be exhausted before intervention is contemplated, and more commitment and resources must be devoted to it'.[3] Like the report of the Commission, the DAC Guidelines of the Organisation for Economic Co-operation and Development (OECD) also emphasise that conflict prevention is vital in today's world. For the OECD conflict prevention is a precondition for sustainable development and an integral part of 'efforts to reduce poverty, promote economic growth and improve peoples' lives'.[4] Preventive action, such as mediation and creating a common space for dialogue is therefore a priority of the OECD. In short, both the Commission and the OECD advocate the development of instruments of mediation.

Mediating between conflicting groups and interests is at the core of IA activities and has been the motor behind all the developed field activities. ILA believes that mediation should be linked to resolving concrete, identified issues in the field.  The resolution of these is rendered more structural by making mediation efforts an integrated part all field activities.

Conflict Prevention and Peace Building Activities
International Legal Alliances works on different levels of society on building bridges between various national communities (confidence building/reconciliation activities), and their policy makers (e.g. implementation of peace and human rights agreements). Focus has been the promotion of inter-communal dialogue.

Partnership: field presence through missions

ILA aims at developing the Centre in co-operation with its network partner organisations/missions and will establish various partnerships with organisations working in relevant fields (e.g. with training network). The activities are all interlinked and based on a presence in the field.  This is required so as to provide the necessary input on the causes and essence of the conflict at stake.  It also serves as the conduct through which mediators are identified for training and for the identification of parties requiring the services of mediation. Furthermore, they will serve as focal points for research and as instruments to disseminate information. ILA would initiate the activities in consultation with its local partners and/or at the request of organisations, states, corporations etc. The partners provide their specific, focused and local expertise whereas IA will provide the facilities and the concept.

The Activities of the Mediation and Training Centre

Mediation
The mediation will be based on the presence in the field: when one is present, one is in a position to do the preparatory research. On the basis of this research, mediation will be prepared: the relevant knowledge of the issue at stake is available and the right people (people who are in a position of influence and who are likely to be able to open up (no extremists) will be brought together outside their country in a neutral safe environment. This can be political leaders, journalists, religious leaders, representatives of the business community (including international business), NGOs, and all others who are relevant and influential on the specific issue at stake. One can envisage that people at different levels will come together.

Mediation with various target groups can be developed: with elements of civil society of communities where conflict exists, with the representatives of the communities/civil society and with the policy makers. The political leaders cannot advance negotiations if the environment is not supportive of initiatives seeking solutions. In this light, there is a need to gather elements of civil society who can initiate this dialogue between the communities. These elements have to be chosen in such a way so that they can relay the message to the rest of the community. This means that these elements of the civil society will enjoy respect and consideration because of their personality and their role in society. It may concern intellectuals, social activists, religious leaders etc. There is a need to clarify the objective of such a mediation process. This process can be for the following reasons:

  • To air grievances and open ways for resolving these grievances

  • Define areas of common interest

  • Suggest other useful contacts between categories of organised civil society

  • Assess the ways and means to promote understanding of the most acute issues

  • Define ways how to promote an education for peace in schools, in the media, in families, in the communities

Mediation between elements in the communities and the defined strategy could lead to an atmosphere in which mediation, at the level of civil society can be possible. This may lead to mediation between key players (influential) and eventually would lead to agreement or consensus.

Mediation Training
Training is necessary to give shape to the concept of conflict prevention and peace building as a form of intervention by the international community, international civil servants (EU, UN, regional and sub-regional organisations, diplomats etc) and other people who are in a position to mediate in conflict areas.  Training is necessary for all local influential groups who can have a say and who are in a position to intervene as mediating forces in communities where the conflict is within the community. Staff of multinational corporations facing conflict in the execution of their work could be targeted as well. During the 1993 elections in South Africa, community level mediation by teams of mediators proved to be very successful.

Mediation training would be issue oriented. This means that the training will be organised around a specific issue and/or conflict (area). Each training will consist of 2 components:

  • Getting the necessary knowledge of the conflict area or issue at stake. The training will be based on a field presence and thorough research and will include the social-economical, political, environmental, cultural, historical aspects. This is key to be able to mediate since the history and background of a community defines its members. An expert on the conflict in the region will cover this part of the training.

  • Acquiring mediation and communication skills. Psychology is of course an integral part of the communication skills required. Psychology, of the people involved but also of one-self is fundamental to successful mediation. An expert in the field needs to cover this aspect.

The trainees are not necessarily outsiders to the conflict. One could envisage that the various players in the conflict, who would also be in a position to mediate, would be trained together. Of course, this kind of training would also be a kind of mediation.

Research
The research can include fields as the historical impact on the communities and the need to overcome negative consequences. The research would also deal with specific causes and their interpretation in the perception by both people as whole and leaders in particular. The research should assess the potential direct triggers of conflict in the different social or cultural categories. .

The research will be drawn from experience in the field. Experts can then be used to analyse this broad experience in the field. The centre would facilitate dialogue between experts on various topics. It will be pragmatic, hands-on, based on exchange. The training and the mediation follow naturally from the field based research.

Public Information
ll results of the field activities, the research and the mediation will be used for public information purposes. IA will distribute the communication material to its network within the international community (States, international organisations, NGOs etc) and Media Network.


[1] The International Commission on Intervention and State Sovereignty (ICISS) was established at the end of 2000 'as a reponse to Secretary-General Kofi Annan's challenge to the international community to endeavour to build a new international consensus on how to respond in the face of massive violations of human rights and humanitarian law'. International Commission on Intervention and State Sovereignty, The Responsibility to Protect, 2001, p. 81.

[2] The recent military intervention by the USA and the UK in Iraq clearly differs from the recommendations of this report. 

[3] International Commission on Intervention and State Sovereignty, The Responsibility to Protect, 2001, p. XI

[4] Organisation for Economic Co-operation and Development, The DAC Guidelines: Helping Prevent Violent Conflict, 2001, p. 13.