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Indigenous Democracy Traditional Conflict Resolution Mechanisms

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Indigenous Democracy Traditional Conflict Resolution Mechanisms Indigenous Democracy Traditional Conflict Resolution Mechanisms Pokot, Turkana, Samburu and Marakwet Ruto Pkalya Mohamud Adan Isabella Masinde Edited by Betty Rabar, Martin Karimi PRACTICAL ANSWERS Intermediate Technology Development TO POVERTY Group-Eastern Africa. January 2004 Indigenous Democracy Traditional Conflict Resolution Mechanisms Pokot, Turkana, Samburu and Marakwet A publication of ITDG-EA, January 2004 Isabella Masinde Mohamud Adan Ruto Pkalya Edited by Betty Rabar, Martin Karimi Copyright 2004 Intermediate Technology Development Group - East- ern Africa. Use of information contained in this publication, either wholly or in part is permitted provided the source is ackowledged. January 2004 DTP Martin Karimi ISBN 9966 - 931 - 17 - 1 This publication was funded by USAID, and UNDP/ GEF (EACBBP). Table of Contents Intermediate Technology Development Group ..............................i Acknowledgements...................................................................ii Acronyms...............................................................................iii Understanding Inherent Terms....................................................iv Abstract..................................................................................v Chapter 1 Introduction..............................................................................1 Problem Statement...................................................................1 Purpose of the Study.................................................................6 Study Methodology...................................................................8 Chapter 2 Study Communities..................................................................11 The Pokot...............................................................................11 The Turkana............................................................................14 The Marakwet..........................................................................16 The Samburu...........................................................................18 Chapter 3, The Pokot Institutions of Conflict Management............................................23 Types, Prevention and Management of Internal Conflicts...............24 Inter-ethnic Conflicts.................................................................34 Prevention and Management of Inter-ethnic Conflicts....................36 Strengths of Pokot Methods of Conflict Resolution.......................40 Weaknesses of the Pokot Traditional Methods...........................41 Chapter 4, The Turkana Turkana Understanding of Conflict .............................................43 Customary Institutions of Conflict Management...........................44 Internal Conflicts.....................................................................45 Prevention and Management of Internal Conflicts.........................47 Inter-ethnic Conflicts.................................................................52 Prevention and Management of Inter-ethnic Conflicts....................54 Strengths and Weaknesses of Turkana Mechanisms...................58 Chapter 5, The Marakwet Marakwet’s Defination of Conflict................................................61 Customary Institutions of Governance and Conflict Resolution......62 Prevention and Management of Marakwet Internal Conflicts..........63 Inter-ethnic Conflicts................................................................68 Prevention and Management of Marakwet’s External Conflicts......70 Strengths and Weaknesses of Maraket Customary Mechanisms of Conflict Management................................................................73 Chapter 6, The Samburu Socio-Political Institutions.........................................................75 Internal Conflicts.....................................................................77 Prevention and Management of Internal Conflicts........................78 External Conflict......................................................................81 Causes and Manifestations of External Conflicts.........................81 Prevention and Management of Inter-ethnic Conflicts....................84 Strengths and Weaknesses of Samburu Conflict Resolution Mechanisms............................................................................86 Chapter 7 Improving Traditional Mechanisms of Conflict Resolution.............90 Chapter 8 Conclusion and Recommendations...........................................93 Selected Bibliography...........................................................100 Annex Research Questionnnaire.........................................................102 Intermediate Technology Development Group Intermediate Technology Development Group (ITDG) was established in 1966 based on the then radical ideas of Fritz Schumacher, an economist and the author of “Small is Beautiful”. ITDG has since grown into an international development agency with its head office in UK and regional offices in East Africa, South Asia, South America and Southern Africa. It also has country offices in Bangladesh, Nepal and Sudan. ITDG’s work is driven by its vision of “a world free of poverty and injustice in which technology is used for the benefit of all”. ITDG’s mission is “to help eradicate poverty in developing countries through the development and use of technology by demonstrating results, sharing knowledge and influencing others”. ITDG’s development is guided by the following core principles; putting people first; working in partnership, respect for diversity and a concern for future generations. Intermediate Technology Development Group-Eastern Africa (ITDG- EA) is a regional office of ITDG. The organization works towards fulfilling its mission in Eastern Africa by reducing vulnerability, increasing services to the people, making markets work for poor producers and introducing new technologies. Conflict resolution and cross-border harmonization is an integral component of the group’s aim of reducing vulnerability among poor people especially the pastoral communities in the Greater Horn of Africa. Through the Conflict Management Project, the agency is implementing peace programmes in Northern Kenya (Turkana, Marsabit, and Samburu) and works through partners in West Pokot, Marakwet, Moyale, Mandera and Wajir Districts. In conjunction with partners, ITDG-EA is implementing cross-border activities in Southern Ethiopia (Omo region), Southern Sudan, Eastern Uganda (Karamoja cluster) and Western Somalia. i Acknowledgements This publication is a result of a significant and painstaking commitment by a number of individuals and organizations. In particular, ITDG-EA would like to applaud USAID, and UNDP/GEF (EACBBP) for the much appreciated financial support. We are greatly indebted to all our informants who wittingly answered questions and offered valuable support during field research in West Pokot, Turkana, Marakwet and Samburu districts. We specially thank Tapach (West Pokot), Kapyegon (Marakwet), Samburu and Loima (Turkana) peace committees for providing extensive support to this study. Pokot Educational and Development Programme facilitated the study in West Pokot and Marakwet districts. John Lomaria and Mark Loywat (both of PEDP) were very resourceful in Pokot customary law and governance issues, Kudos to you. Enock Rotich provided logistical support to the researchers in the two districts. Invaluable gratitude to Francis Wairagu, James Ndung’u (both of Security Research and Information Centre) and Nuria Abdulai of Wajir Peace and Development Agency for providing insightful comments during the study in Samburu district. It will be great injustice not to acknowledge the moral and technical support provided by ITDG staff particularly Adano Salesa, Jecinta Abenyo and Benedict Mukoo. Sammy Keter and Hannah Kamau commented on the research findings. Betty Rabar and Martin Karimi edited the publication. It is not possible to list all the people that contributed to the successful conduction of the study and production of this report. Your concerted, collective and unselfish effort is however highly appreciated. ii Acronyms ASAL Arid and Semi Arid Land AU IBAR African Union InterAfrican Bureau of Animal Resources CAPE Community Based Animal Health and Participatory Epidemiology CBO Community Based Organization CORDAID Catholic Organization for Relief and Development Aid CSO Civil Society Organization DDC District Development Committee DRC Democratic Republic of Congo DSC District Security Committee DSG District Steering Group EACBBP East Africa Cross Border Biodiversity Project ITDG Intermediate Technology Development Group NGO Non Governmental Organization PEDP Pokot Educational and Development Programme PPG Pastoralists Parliamentary Group SALW Small Arms and Light Weapons SRIC Security Research and Information Centre USAID United States Agency for International Development USIP United States Institute of Peace iii Understanding Inherent Terms For the purposes of this study, conflict refers to disagreements between two or more people, groups or communities. It can be a disagreement over the use of natural resources such as water, pasture and grazing land or disputes over ownership of livestock, land or even domestic quarrels . This study focuses on the destructive conflicts within and without the four pastoralists’ communities under question. Cattle rustling is a thematic type of conflict that features promptly in this study. It represents the struggle among the pastoralists over the possession of cattle,
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