传统统治者与替代性争端解决:以尼日利亚阿夸伊博姆州埃蒂南地方政府区域为例

Helen Emem Akpabio
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引用次数: 0

摘要

非洲的传统制度曾经受到非洲社会的高度尊重。以传统领导人血统为基础的机构以在各自领域内维护文化(道德)价值、维护法律和秩序以及有效解决冲突而闻名。人们相信他们能给出合理的判断和公正,而不是法律上或司法上的偏见。1976年地方政府改革的实施削弱了尼日利亚定义明确和神圣的传统制度,该制度利用替代性争端解决办法确保和平在其领域内统治。这是基于这样一种看法,即通过调解的替代性争端解决是埃蒂南传统统治者解决争端的可行工具。因此,本研究旨在调查尼日利亚阿夸伊博姆州埃蒂南地方政府地区传统统治者使用的替代性争端解决技术。本研究的人口是来自当地政府区域的男性和女性,而样本量(50)是有目的的选择。采用自结构化问卷进行数据收集。与主要线人进行了面谈。期刊、档案资料和网络文章被用来确认传统统治者通过调解程序使用替代和谈判技术来解决争端的某些事实。研究表明,传统统治者使用和解、调解和诉讼来解决各种形式的冲突。然而,当冲突双方对调解结果不满意时,就会使用诉讼。据透露,使用配偶和亲密亲属的个人资料是解决冲突的另一种形式。本文建议,除了传统的统治者之外,调解员和整个社会都应该适应使用替代性纠纷解决方案,在各级解决纠纷,而不是法院诉讼
本文章由计算机程序翻译,如有差异,请以英文原文为准。
TRADITIONAL RULERS AND ALTERNATIVE DISPUTE RESOLUTION: A CASE STUDY OF ETINAN LOCAL GOVERNMENT AREA, AKWA- IBOM STATE, NIGERIA
Traditional Institutions in Africa was once held in high esteem by African societies. The Institution based on the pedigree of the traditional leaders was known for the preservation of culture(ral) values maintenance of law and order and effective conflict resolution in their respective domain(s). They are trusted to give sound judgment and justice that is not legally or judicially bias. The advent the introduction of the 1976 Local Government Reform crippled the well-defined and hallowed system of Tradition in Nigeria which was using alternative dispute resolution to ensure that peace reigned in their domains.This is based on the perception that Alternative Dispute Resolution through mediation is a viable instrument for dispute settlement by the Traditional Rulers in Etinan. Therefore, this study seeks to investigate Alternative Dispute Resolution Techniques used by Traditional Rulers in Etinan Local Government Area of Akwa Ibom state, Nigeria. The population of the study are men and women from the Local Government Area while the sample size(50 ) was purposively selected for the study. A self-structured questionnaire was used for data collection. Interviews were conducted with key informants.Journals, archival materials, and internet articles were used to affirm certain facts that traditional rulers uses Alternative and negotiation techniques for dispute resolution through mediation process. The study reveals that traditional rulers employs the use of Reconciliation, Mediation,and Litigation to resolve all forms of conflict. However , Litigation is used when conflicting parties are not satisfied with the outcome of the mediation process. It was also revealed that the use of Personal Data of Spouses and Close Kinship is another form used to resolve conflict in Etinan. The paper recommends that asides traditional rulers, mediators and the society at large should adapt the use of Alternative Dispute Resolution dispute settlement at all levels and devoid of court proceedings
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