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Is Alternative Dispute Resolution a Solution to Interpersonal and Group Conflicts in West Africa? the Case of Ghana

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Is Alternative Dispute Resolution a Solution to Interpersonal and Group Conflicts in West Africa? the Case of Ghana University of Ghana http://ugspace.ug.edu.gh IS ALTERNATIVE DISPUTE RESOLUTION A SOLUTION TO INTERPERSONAL AND GROUP CONFLICTS IN WEST AFRICA? THE CASE OF GHANA BY JULIANA ABOKUMA EDZII 10381116 THIS DISSERTATION IS SUBMITTED TO THE UNIVERSITY OF GHANA, LEGON, IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE MASTER OF ARTS DEGREE IN INTERNATIONAL AFFAIRS LEGON JULY 2018 University of Ghana http://ugspace.ug.edu.gh DECLARATION I hereby declare that except for the references to other people’s work, which have been duly acknowledged, the study presented here was written by me, under the supervision of Dr. Ken Ahorsu. It is a record of my own research and has not been previously presented in any form whatsoever in any application for a Degree elsewhere. All sources of information collected and materials used have been duly acknowledged by means of references and bibliography. ……………………………… ……………………………… Juliana Abokuma Edzii Dr. Ken Ahorsu (Student) (Supervisor) DATE................................ DATE…………………… i University of Ghana http://ugspace.ug.edu.gh DEDICATION I dedicate this work to the Almighty God who has been my Deliverer and my Help in ages past. I also dedicate this work to my awesome parents for their undying support, love and care throughout my entire study period. ii University of Ghana http://ugspace.ug.edu.gh ACKNOWLEDGMENTS I am eternally grateful to God for sending me angels in the form of humans who assisted me through the rough and good times to ensure that I successfully completed the programme. I therefore acknowledge my ever welcoming and intelligent supervisor, Dr. Ken Ahorsu for his dedication, patience, advice and love throughout my research period. I am most grateful to Mr. Austin Gamey, His Lordship Nene Amegatcher, Mr. Francis Nanevi, Mr. Jonah Mbazor and Mrs. Serwaa Ofori, for their readiness to assist and hearken upon my call even in their most busy moments to grant me interviews, which helped me immensely in the completion of my work. I remain forever indebted to my dearest friends Richard Kodjokuma, Francisca Ofoliwah Sabbah, Cherk Klutse, Ahmed Duker, Moses Annor, Francis Obeng Asante and Mohammed Abdullah. They showered me with love, assisted and cared for me throughout our 1-year study period. They were God sent purposely to grant me strength during the most difficult times. I am grateful to my amazing friends, Afua Oparebea Obeng, Mercy MacArthur and Solomon Ayimadu, for the countless times they came to my aid when I needed assistance. To my mum and dad, I love you so much for your love and support. You are forever my support system and God richly bless you all. I love you, I love you, I love you! Whatever, that has brought us together is for a higher and nobler cause. I love you and appreciate you for coming into my life. God bless you! iii University of Ghana http://ugspace.ug.edu.gh ABBREVIATIONS ADR - Alternative Dispute Resolution BATNA - Best Alternative to Negotiated Agreement CHRAJ - Commission on Human Rights and Administrative Justice EU - European Union FDI - Foreign Direct Investment LECIAD - Legon Centre for International Affairs and Diplomacy MDC - Multi-Door Courthouse MNC - Multi National Cooperation OMC - Oil Marketing Companies UCDP - Uppsala Conflict Data Programme UNCTRAL - United Nations Commission on International Trade UNDP - United Nations Development Programme USAID - United States Agency for International Development iv University of Ghana http://ugspace.ug.edu.gh TABLE OF CONTENTS DECLARATION.......................................................................................................................................... i DEDICATION............................................................................................................................................. ii ACKNOWLEDGMENTS ......................................................................................................................... iii ABBREVIATIONS .................................................................................................................................... iv TABLE OF CONTENTS .............................................................................................................................. v LIST OF TABLES .................................................................................................................................... vii ABSTRACT .............................................................................................................................................. viii CHAPTER 1 ................................................................................................................................................ 1 INTRODUCTION ....................................................................................................................................... 1 1.1 BACKGROUND TO THE STUDY ..................................................................................................... 1 1.2 STATEMENT OF THE PROBLEM .................................................................................................. 5 1.3 RESEARCH QUESTIONS .................................................................................................................. 6 1.4 RESEARCH OBJECTIVES ................................................................................................................ 6 1.5 SCOPE ................................................................................................................................................... 6 1.6 RATIONALE OF THE STUDY .......................................................................................................... 6 1.7. HYPOTHESIS ...................................................................................................................................... 7 1.8 CONCEPTUAL FRAMEWORK ........................................................................................................ 7 1.9 LITERATURE REVIEW................................................................................................................. 13 1.10 SOURCES OF DATA AND METHODOLOGY ........................................................................... 20 1.11 ARRANGEMENT OF CHAPTERS ............................................................................................... 21 CHAPTER TWO ...................................................................................................................................... 25 AN OVERVIEW OF ALTERNATIVE DISPUTE RESOLUTION IN WEST AFRICA .................. 25 2.0 Introduction ......................................................................................................................................... 25 2.1 Causes of Conflicts in West Africa .................................................................................................... 25 2.2 Consequences of Conflicts in West Africa ........................................................................................ 30 2.2.1 The Socio-Economic Impact of Conflict in West Africa ............................................................. 31 2.2.2 Economic Legacy of Interpersonal and Group Conflicts in West Africa ................................... 32 2.3 The Challenges of the Formal Judiciary Courts .............................................................................. 33 2.4 Traditional Methods of Conflict Resolution in West Africa ........................................................... 36 2.5 An Overview of ADR as a Conflict Resolution- Mechanism tool in West Africa ......................... 41 2.6 Main Principles of ADR ..................................................................................................................... 45 v University of Ghana http://ugspace.ug.edu.gh 2.6.1 Informality ..................................................................................................................................... 45 2.6.2 Equity ............................................................................................................................................. 46 2.6.3 Direct Participation ....................................................................................................................... 46 CHAPTER 3 .............................................................................................................................................. 51 AN ASSESSMENT OF ADR IN GHANA .............................................................................................. 51 3.0 Introduction ......................................................................................................................................... 51 3.1 Historical Overview of ADR in Ghana ............................................................................................. 51 3.2 The Philosophy of ADR and Its Legislation in Ghana..................................................................... 53 3.4 ADR Methods in Ghana ..................................................................................................................... 59 3.4.1 Negotiation ............................................................................................................................. 59 3.4.2 Mediation ....................................................................................................................................... 61 3.4.4 Arbitration ....................................................................................................................................
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