Western Model Of Conflict Analysis

Compiled Notes on the Indigenous Mechanisms of Conflict Resolution

Submitted to: Dr. Jason J. Campbell
CARM 6645: Indigenous Systems of Conflict Resolution

Submitted by: Gabriel, William

Date of Submission: December 6, 2013

Certificate of Authorship: I certify that I am the author of this outline (compiled notes) and that
I have cited any sources from which I used data, or words, either quoted directly or paraphrased.
I also certify that this outline was prepared by me specifically for this particular course.
Signature: William Gabriel

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I.

Part I: Introduction
A.

The Indigenous mechanisms of conflict resolution versus the Western model
1.
In our contemporary society the two justice systems, “an American
paradigm
108). In this justice system, the offender is punished in proportion to the crime committed.
3.
Unlike the Western model, the Indigenous paradigm of justice is “guided by unwritten customary laws, traditions, and practices that are learned primarily by example and through the oral teachings of tribal Elders” (Melton, 2005, p.
108). In this model, the victim, offender and all those impacted by the crime are an integral part of the healing process.
4.
The Western model of justice is based on punishment of the perpetrators whereas the Indigenous justice system is based on healing as a restoration process for the victim, offender, family and community. Offence committed affects the entire community, not just the offender and the victim.
5.
The Indigenous model of conflict resolution is influenced by the principles of restorative and reparative justice: “mending process needed to renew damaged personal and communal relationships” (Melton, 2005, p. 108). The victim is healed (mentally, physically, emotionally and spiritually) and the offender is reconciled and restored to the community after making sincere apology
This is problematic because “forgiveness is an extremely delicate and personal thing which can be influenced but not enforced” (Latigo, 2008, p. 115). Genuine forgiveness is a process and a personal choice. The victim needs to make this choice, without being forced, in order for justice to prevail and for sustainable healing and reconciliation. 8.
In some of the Indigenous justice system, truth is very difficult to be established which cripples the general objective of the transitional justice process to reconcile the community. It is noted that during the Gacaca courts proceedings in post-genocide Rwanda, “truth is absent” (Ingelaere, 2008, p. 55) as many perpetrators were insincere of their action during the genocide.
9.
In many of the Indigenous systems discussed, people lose their interest to participate in the community justice process due to the lengthy process and the nature of the proceeding itself. Also “fines and coercion have come to replace voluntary participation” (Ingelaere, 2008, p. 55).
10.
The Indigenous model of conflict resolution is less desirable by the