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THE ROLE OF COUNCIL OF ELDERS IN CONFLICT RESOLUTION IN
KHANA LOCAL GOVERNMENT AREA OF RIVERS STATE (2007-2016)
AKUJURU, Chukwunonye Abovu, (PhD Student, M.Sc., B.Sc., LLB, BL. (08037450542)
Principal Lecturer, Department of Public Administration,
Port Harcourt Polytechnic, Rumuola, Port Harcourt.
Email: cakujuru@yahoo.com
&
ENYIOKO Newman Chintuwa,(MBA, M.Sc., B.Sc., Ph.D. Research Student) (0803-6703647)
Research and Development Director-Medonice Consulting and Research Institute, Port Harcourt.
Email: newmanenyioko@yahoo.com
Abstract
The study appraised the role of council of elders in conflict resolution in Khana Local Government
Area of Rivers State (2007-2016). The sample was made up of 68 council of elders and 88 persons
randomly selected from the 23 towns and villages in Khana Local Government Area of Rivers
State resulting to 156 sample size. Quasi-experimental research design, which is called ‘survey’,
was adopted in this study. Relevant data for this research work were collected from both primary
sources and secondary sources. The secondary data were collected through textbooks, journals,
newspapers, government and internet publications, while primary data were elicited through
structured questionnaire. Analyses of data were done through descriptive statistics of tables and
simple percentages. The study clearly found that council of elders are agents of conflict resolutions
in communities. From the study, it was found that council of elders have succeeded in handling
conflict resolutions through advocating for provision of boreholes, settling conflicts in rural roads,
handling issues on formation of co-operative societies, settling problems on setting up of markets,
construction of culverts, construction of earth dams, mobilizing people for health programmes and
resolving general disputes within their domains. This setting presented lack of access to long
distance communities with non-passable roads, lack of understanding of projects initiated due to
illiteracy as a result of low participation of rural based members in most projects initiated by
traditional rulers. This study revealed precisely that council of elders are the major agents in
transforming the attitude of the rural people provided they are answerable to a titled ruler vested
with the authority of governing the affairs of the people. Conclusively it apparent that that council
of elders have made positive impact in conflict resolutions significantly. The study therefore,
recommends that there is need for a framework for appealing the decision of elders in the
traditional dispute resolution mechanisms.
Keywords: Council of Elders, Conflict Resolution, Role, Traditional Institution, Traditional
Disputes
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1. Introduction
Conflict is ubiquitous in all societies. It is a phenomenon that is inevitable in all
human society due to differences in interests, goals, values and aims among people, (Kazeem,
2009). Most conflicts arise in the basic units of society such as within families, clans, villages,
locations or other small units. Amongst most African communities there are frameworks that
are in place for the resolution of conflicts and for preventing their escalation into violence,
thus threatening the social fabric, (Ingelaere, 2 0 0 8 ). The council of elders is one of the crucial
institutions for conflict resolution in most African societies. Even in countries with no formal
state recognition of the council of elders, it has remained resilient and continues to exist outside
the spheres of state influence. In dispute resolution, the institution of elders can be organized in
two main ways: the council of elders or a single elder.
The council of elders usually consists of more than one elder and thus acts as a form of
third party collegiate dispute resolution system, (Myers, 1992). The second form of
organization is where a single elder presides over the dispute resolution process. The most basic
example of this organization is where a patriarch or the eldest individual in an extended family
resolves the disputes relating to that family. In some communities, an elder has a position of
authority such as chieftainship or kingship to resolve disputes among the members of the
communities, clans, ethnic groups or tribes. The paper aims to highlight the role of elders in
resolving conflicts in Africa.
The machinery of enforcing governance which was well-organized in the pre-colonial era
to manage affairs, administer justice and resolve tension in the society has totally been eradicated.
For instance, looking at the traditional conflict resolution mechanisms in Nigeria, they are
generally/closely bound with socio-political and economic realities of the lifestyles of the
communities. This is because these mechanisms are rooted in the culture and history of the African
people, and are in one way or another unique to each community. Therefore, ignoring them in the
present-day Nigeria will amount to the failure of the state. During conflicts, council of elders
therefore undoubtedly play significant roles in managing these conflicts informally and arranging
peace-making meetings when matters get out of hand. These governance institutions and structures
were controlled by certain unwritten laws which formed part of the general social structure, and,
its machinery of enforcing governance was well-organized to manage affairs, administer justice
and resolve tension in the society.
Additionally, the concept of social harmony and peace was not only among the living
but also between the living and the dead. For some wrongs such as murder, rituals and cleansing
had to be carried out to allow the spirit of the dead to rest in peace and not disturb the living.
Some dispute resolution mechanisms involved reference to ancestors and spirits due to the
importance of lineage and ancestry among the Ogonis. Reference to spirits, trials by ordeal
rituals and cleansing in dispute resolution were the preserve of traditional healers, diviners and
seers, who complimented elders in the dispute resolution process. The council of elders in Khana
Local Government Area of Rivers State, knowing well of their role and expectation in their area
of jurisdiction most often pursue and sustain the roles and expectations which brings about
change and usher the rural area into peaceful and conflict resolutions objectives. This study
seeks therefore to examine the key role of council of elders in rural based conflict resolutions as
well as identifying the constraints facing the council of elders in the discharge of their rural
based conflict resolutions/programmes. The study seeks to examine the role of council of elders
in conflict resolution in Khana Local Government Area of Rivers State.
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2. LITERATURE REVIEW
2.1 Conceptual Issues
Conflict resolutions: Is regarded as a continuous process of positive changes in the quality and
span life of a person or group of persons. Thus ‘Conflict resolutions’ used in this context is more
meaningful when it has to do with progressive improvement in the quality and living standards of
the people pertaining to their aspirations to maintain and settles disputes amicably.
Role: This refers to the part a person or thing plays in a specific situation or operation. In this
study, it is related to the expected functions that a ruler of a rural based plays or should play for
the benefit of his subjects and rural based.
Council of elders: A control authority, the reign of a age inherited power/authority and the
accepted controller by the people over them in their affairs of life with that group or community.
In this study, it means a collectively elected person (s) selected by the rural based to pilot the affairs
of his people in line with customs and traditions of the people based on age and tradition.
2.2 Conceptual Overview on Dispute Resolution by Council of Elders across African
Societies
In traditional Nigeria, the basic and most important unit of socialization was the
extended family. Status within the society was divided along gender and age lines. The family
unit was not only a social unit but also a security system since almost everyone was dependent
on lineage for socialization, (Okoth-Ogendo, 2002). The initial conflict and problem resolvers
were the headmen of the lineages or the eldest male or patriarchs of families. They resolved
conflicts by sitting on the grass together to settle disputes through restoration of social harmony,
seeking truth, punishing perpetrators and compensating victims through gifts, (Ingelaere,
2 0 0 8 ) . However, the main aim of the Gacaca process was to ensure social harmony between
lineages and social order throughout the Nigerian ethnicities. With the advent of colonialism,
western ideals and notions of justice influenced or limited some aspects of the Gacaca process.
Although colonialists introduced Western legal systems in Nigeria, the Gacaca process
operated at the lower levels, especially in most customary conflicts, (Kazeem, 2009).
Moreover, after the Nigeria Genocide, the Nigerian Government institutionalized Gacaca courts
as a means to obtain justice and deal with a majority of the genocide cases that the formal Courts
and International Criminal Tribunal for Rwanda (ICTR) could not handle.
Institutionalization of the Gacaca Courts aimed at establishing the truth about the
Nigerian Genocide, expedite proceedings against suspects of genocide, remove impunity,
reconcile Nigerians and use Nigerian Customs to resolve their disputes. Differences between
the old traditional Gacaca and the new institutionalized Gacaca process abounds. First, the old
Gacaca process entailed people sitting together and resolving disputes while the institutionalized
Gacaca process is mainly accusatory and adversarial especially in the collection of information.
The old version of the Gacaca emphasized on bringing people together to talk about their
problems and to foster social harmony and restoration, (Ingelaere, 2 0 0 8 ) . Second, while the
old Gacaca aimed at restoring social harmony between families the institutionalized Gacaca
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seeks to provide retribution by punishing those held liable for crimes during the genocide
period. Last, in the old Gacaca, the umpires who resolved disputes were predominantly male
council of Elders while young people and council of Elders of both genders constitute the new
Gacaca,, (Ingelaere. 2008). The change in composition of arbiters in the Gacaca process is due
to the involvement of a large portion of Nigerians in the genocide, and even the council of Elders
who used to arbitrate or mediate disputes were accused of certain crimes.
2.3 Council of Elders and Traditional Administrative System
Traditionally, the unit of administration and governance among the indigenous peoples
was restricted to the village level. However, after means of communication developed, the sphere
of administration and governance were expanded in which a number of villages came partially
under one administrative system. Before colonial rule, indigenous peoples were effectively
independent. Generally, four major institutions of authority governed indigenous political and
administrative system: The Village Head or Chief, the Council of Elders, the Priestesses or
Priests, and the Warriors. The four institutions worked closely together to safeguard the interest
of the community. Customary law was used to govern and control the behavior of members of
the community, (Kazeem, 2009). Because various tribes or communities were often at war with
one another, prosperity, harmony and security were major considerations in the selection of
community leaders. Thus, community leaders usually comprised of individuals who were
knowledgeable about customs and tradition, have certain specialized knowledge, were wealthy,
generous, brave and physically strong. Furthermore, personal integrity, reliability, honesty,
wisdom and a sense of justice were valued as personal characteristics when selecting leaders.
According to Okoth-Ogendo (2002), the Chief or Village Head hold the highest authority
in term of hierarchy. She/he is responsible for the overall administration of the village and
management of resources. She/he is also responsible for maintaining law and order in the
village. The Chief or Village Head presides over village meetings and hearings and played a
major role in ensuring that the traditional land boundaries, customary laws and rituals were
followed. The Chief or Village Head is usually inherited as long as his/her personal integrity is
fit enough in the eyes and standards of the villagers. In most cases, the Chief or Village Head is
selected for his extensive knowledge of the custom, wisdom as well as his prowess and
organizational ability to protect the village from raids. For Kazeem, (2009) the Council of Elders
comprised of members of the community who were usually 40 years old and above. The Council
advised the Chief or Village Head on all important matters concerning the village. The Council
of Elders was the village administrative body, which made important decisions pertaining to
security, development, justice, health, moral, spiritual standards of the community.
The Council of Elders sought their advice from the village Priestesses or Priests. The
Priestesses were involved in most aspects of village life: birth, marriage and death as well as
other daily activities such as farming, hunting and fishing. Besides being a medical specialist,
the Priestesses were also ritual specialists who ensured moral and spiritual integrity. Tradition
and custom formed the basis of individual behavior and it was believed that non-adherence to
these traditional customs would bring diseases, sickness and natural disasters. To restore
harmony, appropriate rituals had to be performed by the Priestesses. They were thus very
influential and powerful figures in the community.
The last of the major institutions of authority was paramount leader or warrior who was
responsible for security of the community by leading his group of warriors in protecting the
village from outside intruders. The paramount leader or warrior was chosen for his prowess in
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war and in the defense of the community. He represents the higher authority but still seek the
advice and assistance from the Priestesses to ward off enemies.
The inherited Chieftainship may seem feudalistic but it manifests democracy in terms of
the selection of Chief or Village Head, Council of Elders and the decision-making processes.
The Chief did not establish the village and ruled the people who lived there but the village was
established first and the villagers selected someone a leader who has certain characteristics and
from well-established family to be the Chief. Generally, the villagers selected someone with
extensive knowledge of custom, wisdom as well as prowess and organizational ability. The
selection of the Chief was conducted through a community meeting of all mature village
members. The decision is adopted only when the meeting reached unanimous agreement on the
matter, (Ingelaere. 2008).
Even though there is no fixed tenure in term of service in indigenous governance system
like we see in democratic countries today, there are usually principles to ensure that Chief
conducts his/her duty throughout the tenure of office. It is not fixed by years but by his/her
personal integrity. For instance, if the villagers no longer approve on the Chief's personal
integrity, the villagers used to show their disagreement by shifting to other villages. It is a very
strong indication to the Chief and in respect of the villagers, the Chief resigned and the selection
for a new Chief was conducted. Members of the Council of Elders were selected by the
community and in some indigenous communities, they were not necessarily of aristocratic
origins and could even be from among the slaves or conquered people. This manifests not only
allow representation but also equality in the administration of community, (Okoth-Ogendo,
2002).
In general, indigenous system prefers participatory, inclusive and consensus decision
making since the units are very localized and thus, the decisions are applicable and appropriate.
When standards or by-laws for management of community including resource are established,
all mature community members have to attend a meeting and make decisions by consensus. The
system ensures that everybody understands the rules, regulations and laws, which they set up by
themselves. In important cases, unanimous agreement is practiced such as for the decision to go
to war. If somebody is reluctant or expresses a negative opinion, the whole plan to go to war is
cancelled. However, only the Chief or Village Head and the Council of Elders may participate
in deciding in minor issues. It is very rare or does not happen at all that the Chief or Village Head
makes a decision alone on cases, which affect the community if it is not urgent. In all these
processes, the community as a whole also traditionally participate in decision-making.
Opportunities for social gatherings either in community houses or meeting places as well as in
the course of daily work, allows community members to discuss about issues and influence or
contribute ideas to members of the Council of Elders, (Ingelaere. 2008).
2.4 Methods of Traditional Dispute Resolution by Council of Elders
Conflict resolution amongst African communities has since time immemorial and
continues to take the form of negotiation, mediation, reconciliation or ‘arbitration’ by council
of Elders, (Kazeem, 2009). Communally, disputing parties would sit together informally and
resolve disputes and conflicts to maintain social harmony and restore social bonds. Thus, all
the methods of dispute resolution had the aim of restoring social order. Conflict resolution was
wholesome and tried to resolve all the underlying causes of conflict by ensuring that the parties
to the conflict participated and reached a settlement. In some cases, fines and compensation
were used but only as means to acknowledge the wrongs done and restore the parties. The fines
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and the compensation were not retributive in nature but compensatory. The social bonds and
social ties referred to as social capital, enabled council of elders to resolve disputes since the
threat of exclusion from the community made parties willing to settle, (Ingelaere. 2008).
Additionally, the concept of social harmony and peace was not only among the living
but also between the living and the dead. For some wrongs such as murder, rituals and cleansing
had to be carried out to allow the spirit of the dead to rest in peace and not disturb the living.
Some dispute resolution mechanisms involved reference to ancestors and spirits due to the
importance of lineage and ancestry among Africans. Reference to spirits, trials by ordeal rituals
and cleansing in dispute resolution were the preserve of traditional healers, diviners and seers,
who complimented council of Elders in the dispute resolution process.
2.5 Theoretical Foundations for Conflict resolution by Elders Council
Before colonialism, most African societies, if not all, were living communally and were
organized along clan, village, tribal and ethnic lines. Being part of a community was important,
if not downright necessary due to the vicissitudes of life in primal or communal societies. Social
ties, values, norms and beliefs and the threat of excommunication from the society provided
elders with legitimacy and sanctions to ensure their decisions were complied with.
Consequently, social theories have been fronted that try to explain why the elders were able to
resolve disputes in such contexts.
2.5.1 The Social Capital Theory
The social capital theory explains the formation of communal societies and the attendant
social ties that bind them together. Putnam R.D., in theorizing social capital, posits that social
networks, bonds, reciprocal duties and trust, bind people together and enable them to coexist.5
It is these social ties that guaranteed the existence and effective functioning of the society.
Putnam outlines two types of social capital: bonding social capital that fastens ties of
individual members of a group and bridging social capital that allows interlinkage with
other social groups, (Kazeem, 2009). The social capital theory can also explain the restorative
nature of dispute resolution by elders in African Societies. In most of Africa, elders aimed at
restoring the social ties or social capital that had been broken by the wrongs done, committed
or omitted.7 Without strong social ties, communities could not exist and function effectively.
Even in serious cases such as murder, the threat of excommunication from the society, and
therefore exclusion from social ties, ensured that potential wrongdoers thought about and
refrained before wrongdoing.
2.5.2 Social Solidarity Theory
Durkheim (1933), in his book, the Division of Labour, explains the society in terms of
social order and social facts. According to Durkheim (1933) individuals in a society are social
actors who are restrained by social facts to stay in society. Social facts are functionalist in
nature. They exist only if the society can derive utility or benefits from them. Extrapolating
this theory to dispute resolution by elders, dispute resolution is viewed as a social fact from
which society derives some benefit. Elders resolve disputes due to their long experience,
wisdom and the respect they are accorded in society. The social solidarity theory, being a
functionalist theory, explains the resilience of dispute resolution by elders even in modern
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societies that have embraced western legal systems. Where a community cannot access formal
justice systems due to costs and other externalities, elders are there to resolve arising disputes.
Therefore, the existence of elders is a social fact in the society providing a dispute resolution
utility occasioned by the absence or low penetration of western legal systems.
2.5.3 Optimal psychology theory
Optimal psychology theory uses culture to explain how people view reality, live and
resolve disputes, (Okoth-Ogendo, 2002). It is argued that there is optimal psychology in dispute
resolution, when people use their cultures to resolve disputes. Consequently, dispute resolution
and other real life conditions are sub-optimal when done through a foreign culture. ‘Received’
justice systems such as courts are thus sub-optimal in the African context due to varying cultural
context. For instance, while African traditional societies were and to a large extent are grouped
communally, western societies are individualistic. This results in a cultural-conflict if western
ideals are applied in dispute resolution. Moreover, while dispute resolution in African societies
aimed at repairing social ties and restoring harmony; ‘received’ justice systems are mainly
retributive with a winner-loser ideology. This theory is important in understanding the resilience
of traditional dispute resolution in modernized and westernized African societies
3. Research Methodology
The research design adopted for the study was survey research design. Baridam (2002)
asserted that survey research design involves the collection of data to accurately and objectively
describe the existing condition or phenomena. Studies that make use of this approach are employed
to obtain a picture of the present conditions of a particular phenomenon.
This study is not concerned with the population of the Rivers State, but rather it is concerned
with the population of Khana Local Government Area which is given as 294,217 people.
Therefore, the population of the study is 294,217. The sampling technique used in this study was
the multistage technique in which the stratified random sampling and simple random sampling
techniques will be adopted. The sampling was done on the basis of the towns and villages in Khana
Local Government Area of Rivers State. The Local Government Area is already in strata by virtue
of the towns and villages hence through simple random sampling technique, fifty percent (50%)
of the council of elders were sampled to arrive at a total of sixty eight (68) out of the one hundred
thirty-six (136) council of elders identified by the study and 88 persons selected randomly from
the 23 towns and villages in Khana Local Government Area. Balloting with replacement (simple
random sampling) was used in each stratum. As the name implies, each council of elder’s name
was written on different slips of paper, folded and mix up in a basket, and randomly drawn to
arrive at the required number of council of elders in each of the towns and villages. In this manner,
the 68 council of elders out of the 136 council of elders and 88 persons giving a total of 156
respondents required for the study were randomly sampled out.
The sample was made up of 68 council of elders and 88 persons randomly selected from
the 23 towns and villages in Khana Local Government Area of Rivers State resulting to 156
sample size. The details are shown in table 1:
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Table 1: List of Towns and Villages, Council of Elders and Persons Sampled in
Khana Local Government Area
S/N Town/Villege Council of
Elders
Subjects Sample
1 Banchabone 4 4 8
2 Betem 3 4 7
3 Bie Gwara 2 3 5
4 Bori 4 5 9
5 Deken 2 3 5
6 Eken 3 4 7
7 Gbam Boue 4 4 8
8 Gure 3 4 7
9 Kagwara 2 3 5
10 Kani 4 4 8
11 Kani Babbe 3 5 8
12 Kapnor 2 4 6
13 Kayangbe 4 4 8
14 Kerekekiri 5 5 10
15 Kono Boue 2 3 5
16 Luawii 2 4 6
17 Luyorgwaro 3 4 7
18 Ndagbami 4 4 8
19 Norkuri Boue 3 4 7
20 Notem 2 3 5
21 Sii 2 3 5
22 Uegure Boue 2 3 5
23 Zaa Kpong 3 4 7
Total 68 88 156
Source: Researchers Field work (2017)
The major instrument that were used for data collection in this study was the questionnaire.
The researcher will design the questionnaire to investigate council of elders and community
conflict resolution in Rural Rivers State. The title of the questionnaire is council of elders and
community conflict resolution in Rural Rivers State Questionnaire (CECCRRRSQ). The
questionnaire was made up of two sections, section A and B. Section A consisted of personal data
of the respondents while section B dealt on the items of information based on the objectives of the
study and research questions. The questionnaire was administered by the researcher to the
respondents in their various community and palace with help of a research assistant; the
questionnaires will be collected after the respondents have filled them to avoid much loss of
questionnaire, with this the research expects at least 90% return rate of the questionnaire.
Descriptive statistics were used to analyse the data generated in this study. The descriptive
statistics are used for analysing and understanding any treatment of numerical data, which do not
involve generalization, prediction or estimation about a given data. In this study, percentages,
ratios, frequency distribution, Likert scaling, ranking and other statistical tools were used to
analyse data so generated.
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4. Data Analysis and Results
A sample of 156 respondents from 23 towns and villages in Khana Local Government Area
of Rivers State was studied. Accordingly, 156 copies of questionnaire comprising of 68 council of
elders and 88 persons (subjects) were the respondents from Khana Local Government Area of
Rivers State selected for the study. Out of the 156 copies of questionnaire administered, 128
copies were retrieved and after going through them 120 copies (i.e. 76.92% response rate) were
found useful for data analysis. This section consists of age distribution, sex distribution, marital
status, occupational status and educational qualification of respondents under study. The socio-
demographic attributes of the respondents give us a window into various views and opinions on
the topic under study.
Table 2: Percentage Distribution of Respondents by Age.
Age Bracket Frequency Percentage (%)
Below 30 55 45.83
30 – 45 45 37.5
46 and above 20 16.75
Total 120 100
Source: Survey Data, 2017
The data in table 2 indicates that 45.83% of the respondents were below 30 years, while
16.75% of the respondents were 46 and above. This indicates that those who were below 30 years
had better knowledge of the contribution of council of elders in rural based conflict resolution in
Nigeria than those who were 46 and above.
Table 3: Percentage Distribution of Respondents According to Marital Status.
Marital Status Frequency Percentage (%)
Married 59 49.16
Single 42 35
Divorced 7 5.84
Widowed(s) 12 10
Total 120 100
Source: Survey Data, 2017
The data in table 3 indicates that 49.16% of the respondents are married, while 5.83% of
the respondents are divorced. Though 35% of the respondents are single while 10% of the
respondents are widowed(ers). This indicates that there is a substantial difference in the
distribution of respondents by marital status.
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Table 4: Percentage Distribution of Respondents According to Occupation.
Occupation Frequency Percentage (%)
Farmer 35 29.16
Civil Servant 22 18.33
Student 29 24.16
Trader 34 28.33
Total 120 100
Source: Survey Data, 2017
The data in Table 4. indicates that 29.16% of the respondents are farmers, while 18.33%
of the respondents are civil servant. Also, 28.33% and 24.16% of the respondents are traders and
students. This indicates that farmers were more in number than civil servants, traders and students.
The reason is that, Khana Local Government Area is a semi-rural area and the research is concern
with the role of council of elders in rural based conflict resolutions.
Table 5: Percentage Distribution of Respondents According to Educational Level.
Educational Level Frequency Percentage (%)
Primary 22 18.33
Secondary 43 35.83
Tertiary 15 12.5
Vocational and others 40 33.33
Total 120 100
Source: Survey Data, 2017
Table 5 indicates that 35.83% of the respondents have attained secondary school education
and 33.33% have acquired vocational and other qualification, while 12.5% of the respondents
posed tertiary qualification and 18.33% poses primary education. This indicates that the more
educated one is, the better equipped he/she is in handling research questionnaires and expressing
his or herself with the knowledge of their area.
The Nature of Conflict Resolutions Embarked by council of elders in Khana Local
Government Area
This section basically seeks information from the respondents about the visible projects
embarked by council of elders. That is, the section shall examine the extent to which the people of
Khana Local Government Area have knowledge of the existing nature of the contributions made
by council of elders in rural based conflict resolutions. It also collected data on the awareness of
the inhabitants of the projects embarked by council of elders.
Research Question 1: What is the relationship between the involvement of council of elders in
conflict resolutions and the peaceful outcome in the local government area?
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Table 6: Are you aware of any relationship between the involvement of council of elders in
conflict resolutions and the peaceful outcome in the community
Response Frequency Percentage (%)
Yes 90 75
No 30 25
Total 120 100
Source: Survey Data, 2017
The data in table 6 indicates that 75% of the respondents were aware of the relationship
between the involvement of council of elders in conflict resolutions and the peaceful outcome in
the community while 25% of the respondents were of the view that they were not aware of any
relationship between the involvement of council of elders in conflict resolutions and the peaceful
outcome in Khana Local Government Area. Based on the interview conducted, most of the
respondents in Khana Local Government Area were aware of the nature of rural based conflict
resolutions embarked upon by council of elders in their areas, while few of the respondents were
not aware of the nature of rural based conflict resolutions embarked by council of elders in their
areas.
This indicates that, the people of Khana were fully aware of the nature of rural based
conflict resolutions embarked by council of elders to bring conflict resolutions in their areas.
The Role of Council of elders in Conflict Resolutions
Table 7: The Role of Council of elders in Conflict Resolutions
Role of Council of Elders Frequency Percentage (%)
Mediation 22 18.33
Reconciliation 43 35.83
Negotiation 15 12.5
Arbitration 40 33.33
Total 120 100
Source: Survey Data, 2017
Table 4.6 indicates that 35.83% of the respondents have indicated that the major role of
council of elders is reconciliation and 33.33% have indicated that the major role of council of
elders is arbitration, while 12.5% of the respondents posited that negotiation is the major role of
council of elders’ qualification and 18.33% indicated that mediation is the major role of council of
elders.
The word “council of elder” entails the reign of a monarchy or a titled ruler vested with the
authority to rule over a people in their affairs of life. Therefore, council of elders are headed by
one member among council of elders and these institutions are very vital in bring conflict
resolutions closer to the rural people as well as Khana Local Government Area. This section
basically examines the nature of project(s) executed in Khana Local Government Area.
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The Role of Council of elders in Conflict Prevention/Mediation and Community
Development in Nigeria: Council of elder of Khana’s Opinion
Research Question 2: Is there any relationship between the council of elders inputs in conflict
resolutions and community development in Khana Local Government Area?
Table 8: Any relationship between the council of elders inputs in conflict resolutions and
community development in Khana Local Government Area
Response Frequency Percentage (%)
Yes 94 78
No 26 22
Total 120 100
Source: Survey Data, 2017
The data in table 8 shows that 78% of the respondents indicated that there is relationship
between the council of elders inputs in conflict resolutions and community development in Khana
Local Government Area. Only 22% of the respondents indicated negative to the question. Based
on the interview conducted, most of the respondents in Khana Local Government Area were aware
of the nature of rural based conflict resolutions embarked upon by council of elders in their areas,
while few of the respondents were not aware of the nature of rural based conflict resolutions
embarked by council of elders in their areas.
An interviewee who cooperated with the researcher was the council of elder of Enka
Community. He told the researcher that from time immemorial council of elders have handled
cases of theft, adultery, fornication, farm disputes and so on. This was possible because the Khana
Local Government Area was autonomous and independent. The chief was very effective in the
maintenance of peace; he was the symbol for the promotion of the socio-economic aspirations and
defence of his people. There have always been conflicts within the communities and between
communities.
The main causes and the kinds of conflicts that the council of elders have been able to
handle in Khana Local Government Area from 2007 to 2016: Interview with the Council of
elders from Khana Local Government Area
Research Question 3: What are the main causes and the kinds of conflicts that the council of elders
have been able to handle in Khana from 2007 to 2016?
In the course of the interview with the council of elder of Khana Local Government Area he
adduced the root causes of conflicts in his area to include the following:
• high levels of poverty;
• uneven development with townships possessing most amenities;
• bad governance due to nepotism, favouritism, mediocrity of appointees and looting of the public
treasury;
• lack of respect for council of elders who are recognised only when there is a crisis;
• the power to appoint and depose council of elders has been abused by state governors.
He equally identified the kinds of conflicts handled by his place to include:
13
i) land disputes ii) family squabbles, iii) local stealing, iv) marital disputes, v) Neighbourhood
quarrels, vi) fighting and bodily harms, vii) Road Construction, (viii) Building of town halls,
(ix)Markets, (x) Schools, (xi) Electricity, (xii) Drilling of boreholes
The Role of Council of elders in Conflict Prevention and Mediation in Khana Local
Government Area
Research Question 4: What should be done to improve challenges hindering council of elders from
carrying out conflict resolutions/programme(s) in Khana Local Government Area?
The council of elder put forward the following arguments:
• Council of elders should be involved in the use of local public funds to ensure development and
poverty eradication; monitoring should be undertaken at all levels: Federal, State and Local
Government Areas;
• The 1976 reforms should be reviewed to return to council of elders the powers that they enjoyed
under the Native Administration;
• Council of elders should be given formal powers to settle disputes using local customs. For
example, in Fan, there is a family in charge of administering public oaths and ordeals concerning
judicial matters. Such customs should be recognised;
• Land use legislation should return power over land matters to council of elders because they are
the custodians of customs and traditions.
The following demonstrates the council of elders interviewed, the nature of rural based
conflict resolutions initiated. In order to confirm the impact of council of elder in rural based
conflict resolutions both the inhabitants and their council of elders were interviewed. And
according to the council of elder of Khana Local Government Area, council of elders have
contributed enormously to the conflict resolutions of our rural areas, and this is evident in some of
the disputes they have handled and executed. From the discussion with council of elders and
inhabitants of Khana Local Government Area of Rivers State. the researcher was able to gather
enough information about the rural based conflict resolutions activities embarked by council of
elders.
Council of elders as any other agent or agency of conflict resolutions encounter constraints.
These constraints encountered by council of elders' ranges from financial constraints, bad road
network linking communities together down to illiteracy amongst his people. From the discussion
with council of elders it was discovered that illiteracy was a contributing factor to the low level of
rural based conflict resolutions, this is because most disputes handled are strange to his people
therefore the people are not willing to participate in such settlements. The council of elders also
complained of financial disability to embark on complex dispute handling in his domain.
5. Discussion of Findings
The study clearly shows that council of elders are agents of conflict resolutions and
traditional institution provide most of the facilities found in the communities in Khana Local
Government Area, Rivers State. In the course of the study it was discovered that most of the people
in Khana Local Government Area were predominantly farmers and most of the adults were
married, this is due to low access to western education to aspire for white collar or blue collar job.
The study also found that equal chances were given to the both sexes in expressing their views in
regards to the role of council of elders in rural based conflict resolutions. Also, majority of the
14
people in Khana Local Government Area had completed their secondary education; this is because
access to education is a basic need for the fulfillment of an individual aspiration and also a strategic
need which will lead to other opportunities such as good health, employment and political
awareness especially in a developing nation like Nigeria.
From the findings of the nature of rural based conflict resolutions embarked by council of
elders, it was discovered that most of the people in Khana Local Government Area of Rivers State.
are aware of the role of council of elders in rural based conflict resolutions, ranging from dispute
resolution, infrastructural facilities such as road construction, earth dam construction, and
construction of culverts and so on. From the findings of the nature of rural based conflict
resolutions benefited in Khana reveals that market have been established for them, this indicates
that the people can now carry out their socio-economic activities therefore creating wealth and
employment for themselves.
6. Summary
The summary of the findings, are as follows:
The study found that conflict resolution by elders is based on social/cultural values,
norms, beliefs and processes that are understood and accepted by the community. For that
reason, people are able to abide and comply by their decisions. It is said that as a man grows
old, his prestige increases according to the number of age-grades he has passed. An elder’s
seniority makes him almost indispensable in the general life of the people. As such the presence
or advice of elders is sought in all functions and matters including dispute resolution. Elders
hold supreme authority and customs demand that they be given due respect and honours, not
only when they are present, but even when absent.
The study also revealed respect for elders, ancestors, parents, fellow people and the
environment is cherished and firmly embedded in the mores, customs, taboos and traditions
amongst Africans.
The study has revealed that the root causes of conflict in this area are the following:
• high levels of poverty;
• uneven development with townships possessing most amenities;
• bad governance due to nepotism, favouritism, mediocrity of appointees and looting of the public
treasury;
• lack of respect for council of elders who are recognised only when there is a crisis;
• the power to appoint and depose council of elders has been abused by state governors.
The Role of Council of elders in Conflict Prevention and Mediation in Nigeria: Interim Report
What can be done to improve this situation? The Khana Council of elders put forward the
following arguments:
• Council of elders should be involved in the use of local public funds to ensure development and
poverty eradication; monitoring should be undertaken at all levels: Federal, State and Local
Government Areas;
• The 1976 reforms should be reviewed to return to council of elders the powers that they enjoyed
under the Native Administration;
15
• Council of elders should be given formal powers to settle disputes using local customs. For
example in Fan, there is a family in charge of administering public oaths and ordeals concerning
judicial matters. Such customs should be recognised;
• Land use legislation should return power over land matters to council of elders because they are
the custodians of customs and traditions very minimal.
From the study, it is found that council of elders have succeeded in boosting rural based
conflict resolutions through advocating for provision of boreholes, settling conflicts in rural roads,
handling issues on formation of co-operative societies, settling problems on setting up of markets,
construction of culverts, construction of earth dams, mobilizing people for health programmes and
resolving general disputes within their domains. It was discovered that poor road network,
illiteracy and financial constraints were obstacles to rural based conflict resolutions in Khana Local
Government Area of Rivers State. This scenario presented lack of access to long distance
communities with non-passable roads, lack of understanding of projects initiated due to illiteracy
as a result of low participation of rural based members in most projects initiated by council of
elders.
The study found that Communal setups provide necessary impetus for conflict resolution
and peaceful co- existence. Conflicts and disputes have the potential to disrupt the social fabric
holding society together. In essence, disputes and conflicts are a threat to the existence of society
and are thus avoided. Social values, norms and beliefs in place aim at avoiding conflicts, and
ensuring that if they arise they are resolved amicably.
7. Conclusion
The unclear legal and policy framework extends to matters of appeal of decision council of
elders and enforcement of these decisions. Among the Ogoni people for example, it is difficult
to enforce the decision of elders unless all the parties agree with the decision. Formal justice
systems are backed by government sanction and disputants easily comply with their decisions
easily. This study revealed precisely that council of elders are the major agents in transforming
the attitude of the rural people provided they are answerable to a titled ruler vested with the
authority of governing the affairs of the people. Based on the findings, the researcher has come
to conclusion that council of elders have made a positive impact in rural based conflict
resolutions to a degree.
8. Recommendations
The following recommendations are hereby offered for better performance of council of
elders in rural based conflict resolution in Nigerian future.
(a) There is need to develop a clear legal and policy framework for the application of
traditional dispute resolution by council of elders. In this regard, we can learn from the
challenges and advantages of the Black Administration Act in South Africa.
(b) Emphasis should be placed on traditional dispute resolution as the first option in
resolving disputes. Parties in certain personal relations such as marriage, divorce, child
custody, maintenance, succession and related matters should first opt to traditional
dispute resolution before approaching the formal legal system. This has been well used
in Botswana and South Africa though with a lot of limitation on areas of application.
(c) There is need to give elders engaged in the process adequate remuneration to prevent
chances and opportunity for corruption. This would prevent corruption as has been
observed that corruption of elders among the communities have influenced the dispute
16
resolution process.
(d) There is need for a framework for appealing the decision of elders in the traditional
dispute resolution mechanisms. For instance, among the Ijaw, the hierarchy of traditional
dispute resolution mechanism begins at the household level, then goes to the extended
family level, the formal customary court, and lastly to the customary court of appeal,
with the status of the High court.
(e) There is need to develop an enforcement mechanism for traditional dispute resolution
mechanisms by elders. For instance, in South Africa, if a person fails to obey the decision
of a traditional elder, the person is reported to a magistrate who gives the person 48 hours to
show cause and if he fails to, he is punished.
(f) Need for codification of key concepts, practices and norms of traditional dispute
resolution to protect them. Further, such codification increases uniformity and
consistency of application of traditional dispute resolution mechanisms by elders.
17
References
Andrew, D.P., Pederson, P.M. and McEnvoy, C.D. (2011). Research Methods and Design in
Sport Management. New York: Human Kinetics.
Baridam, D. M. (2002): Research Methods” in Administrative Science. Belk Publishers, Port
Harcourt.
Durkheim, E. (1933). Division of Labour. London: Macmillan Publishers.
Ingelaere, B. ( 2 0 0 8 ) . “The Gacaca Courts in Rwanda” Traditional Justice and Conflict
Resolution After Violent Conflict: Learning From African Experiences, Luc Huyse and
Mark Salter (Eds)( IDEA, Stockholm, 33
Kazeem, F.A. (2009). “Agba (Elder) as Arbitrator: A Yoruba Socio Political Model for Conflict
resolution-A Review of Lawrence O. Bamikole” Journal of Law and Conflict Resolution
11 (3), 060-067.
Myers, L. J, (1992). Understanding an Afrocentric world view: Introduction to an optimal
psychology. New York: Kendall/Hunt.
Myer, L.J.& Shihn, D.H. (2010). “Appreciating Traditional Forms of Healing Conflict and in
Africa and the World,” Black Diaspora Review 2(1), 6.
Okoth-Ogendo, H.W.O. (2002). The Tragic African Commons: A Century of Expropriation,
Suppression and Subv ersion, (Programme for Land and Agrarian Studies, School of
Government, University of the Western Cape, Cape Town,SA:, 7-8.
Putnam, R.D. (1965). Bowling Alone (1st edition, Simon & Schuster, 2000), See J.
Kenyatta, Facing Mount Kenya: TheTribal life of the Gikuyu,.New York: Vintage Books.

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The role of council of elders in conflict resolution in khana local government area of rivers state (2007 2016) for publication

  • 1. 1 THE ROLE OF COUNCIL OF ELDERS IN CONFLICT RESOLUTION IN KHANA LOCAL GOVERNMENT AREA OF RIVERS STATE (2007-2016) AKUJURU, Chukwunonye Abovu, (PhD Student, M.Sc., B.Sc., LLB, BL. (08037450542) Principal Lecturer, Department of Public Administration, Port Harcourt Polytechnic, Rumuola, Port Harcourt. Email: cakujuru@yahoo.com & ENYIOKO Newman Chintuwa,(MBA, M.Sc., B.Sc., Ph.D. Research Student) (0803-6703647) Research and Development Director-Medonice Consulting and Research Institute, Port Harcourt. Email: newmanenyioko@yahoo.com Abstract The study appraised the role of council of elders in conflict resolution in Khana Local Government Area of Rivers State (2007-2016). The sample was made up of 68 council of elders and 88 persons randomly selected from the 23 towns and villages in Khana Local Government Area of Rivers State resulting to 156 sample size. Quasi-experimental research design, which is called ‘survey’, was adopted in this study. Relevant data for this research work were collected from both primary sources and secondary sources. The secondary data were collected through textbooks, journals, newspapers, government and internet publications, while primary data were elicited through structured questionnaire. Analyses of data were done through descriptive statistics of tables and simple percentages. The study clearly found that council of elders are agents of conflict resolutions in communities. From the study, it was found that council of elders have succeeded in handling conflict resolutions through advocating for provision of boreholes, settling conflicts in rural roads, handling issues on formation of co-operative societies, settling problems on setting up of markets, construction of culverts, construction of earth dams, mobilizing people for health programmes and resolving general disputes within their domains. This setting presented lack of access to long distance communities with non-passable roads, lack of understanding of projects initiated due to illiteracy as a result of low participation of rural based members in most projects initiated by traditional rulers. This study revealed precisely that council of elders are the major agents in transforming the attitude of the rural people provided they are answerable to a titled ruler vested with the authority of governing the affairs of the people. Conclusively it apparent that that council of elders have made positive impact in conflict resolutions significantly. The study therefore, recommends that there is need for a framework for appealing the decision of elders in the traditional dispute resolution mechanisms. Keywords: Council of Elders, Conflict Resolution, Role, Traditional Institution, Traditional Disputes
  • 2. 2 1. Introduction Conflict is ubiquitous in all societies. It is a phenomenon that is inevitable in all human society due to differences in interests, goals, values and aims among people, (Kazeem, 2009). Most conflicts arise in the basic units of society such as within families, clans, villages, locations or other small units. Amongst most African communities there are frameworks that are in place for the resolution of conflicts and for preventing their escalation into violence, thus threatening the social fabric, (Ingelaere, 2 0 0 8 ). The council of elders is one of the crucial institutions for conflict resolution in most African societies. Even in countries with no formal state recognition of the council of elders, it has remained resilient and continues to exist outside the spheres of state influence. In dispute resolution, the institution of elders can be organized in two main ways: the council of elders or a single elder. The council of elders usually consists of more than one elder and thus acts as a form of third party collegiate dispute resolution system, (Myers, 1992). The second form of organization is where a single elder presides over the dispute resolution process. The most basic example of this organization is where a patriarch or the eldest individual in an extended family resolves the disputes relating to that family. In some communities, an elder has a position of authority such as chieftainship or kingship to resolve disputes among the members of the communities, clans, ethnic groups or tribes. The paper aims to highlight the role of elders in resolving conflicts in Africa. The machinery of enforcing governance which was well-organized in the pre-colonial era to manage affairs, administer justice and resolve tension in the society has totally been eradicated. For instance, looking at the traditional conflict resolution mechanisms in Nigeria, they are generally/closely bound with socio-political and economic realities of the lifestyles of the communities. This is because these mechanisms are rooted in the culture and history of the African people, and are in one way or another unique to each community. Therefore, ignoring them in the present-day Nigeria will amount to the failure of the state. During conflicts, council of elders therefore undoubtedly play significant roles in managing these conflicts informally and arranging peace-making meetings when matters get out of hand. These governance institutions and structures were controlled by certain unwritten laws which formed part of the general social structure, and, its machinery of enforcing governance was well-organized to manage affairs, administer justice and resolve tension in the society. Additionally, the concept of social harmony and peace was not only among the living but also between the living and the dead. For some wrongs such as murder, rituals and cleansing had to be carried out to allow the spirit of the dead to rest in peace and not disturb the living. Some dispute resolution mechanisms involved reference to ancestors and spirits due to the importance of lineage and ancestry among the Ogonis. Reference to spirits, trials by ordeal rituals and cleansing in dispute resolution were the preserve of traditional healers, diviners and seers, who complimented elders in the dispute resolution process. The council of elders in Khana Local Government Area of Rivers State, knowing well of their role and expectation in their area of jurisdiction most often pursue and sustain the roles and expectations which brings about change and usher the rural area into peaceful and conflict resolutions objectives. This study seeks therefore to examine the key role of council of elders in rural based conflict resolutions as well as identifying the constraints facing the council of elders in the discharge of their rural based conflict resolutions/programmes. The study seeks to examine the role of council of elders in conflict resolution in Khana Local Government Area of Rivers State.
  • 3. 3 2. LITERATURE REVIEW 2.1 Conceptual Issues Conflict resolutions: Is regarded as a continuous process of positive changes in the quality and span life of a person or group of persons. Thus ‘Conflict resolutions’ used in this context is more meaningful when it has to do with progressive improvement in the quality and living standards of the people pertaining to their aspirations to maintain and settles disputes amicably. Role: This refers to the part a person or thing plays in a specific situation or operation. In this study, it is related to the expected functions that a ruler of a rural based plays or should play for the benefit of his subjects and rural based. Council of elders: A control authority, the reign of a age inherited power/authority and the accepted controller by the people over them in their affairs of life with that group or community. In this study, it means a collectively elected person (s) selected by the rural based to pilot the affairs of his people in line with customs and traditions of the people based on age and tradition. 2.2 Conceptual Overview on Dispute Resolution by Council of Elders across African Societies In traditional Nigeria, the basic and most important unit of socialization was the extended family. Status within the society was divided along gender and age lines. The family unit was not only a social unit but also a security system since almost everyone was dependent on lineage for socialization, (Okoth-Ogendo, 2002). The initial conflict and problem resolvers were the headmen of the lineages or the eldest male or patriarchs of families. They resolved conflicts by sitting on the grass together to settle disputes through restoration of social harmony, seeking truth, punishing perpetrators and compensating victims through gifts, (Ingelaere, 2 0 0 8 ) . However, the main aim of the Gacaca process was to ensure social harmony between lineages and social order throughout the Nigerian ethnicities. With the advent of colonialism, western ideals and notions of justice influenced or limited some aspects of the Gacaca process. Although colonialists introduced Western legal systems in Nigeria, the Gacaca process operated at the lower levels, especially in most customary conflicts, (Kazeem, 2009). Moreover, after the Nigeria Genocide, the Nigerian Government institutionalized Gacaca courts as a means to obtain justice and deal with a majority of the genocide cases that the formal Courts and International Criminal Tribunal for Rwanda (ICTR) could not handle. Institutionalization of the Gacaca Courts aimed at establishing the truth about the Nigerian Genocide, expedite proceedings against suspects of genocide, remove impunity, reconcile Nigerians and use Nigerian Customs to resolve their disputes. Differences between the old traditional Gacaca and the new institutionalized Gacaca process abounds. First, the old Gacaca process entailed people sitting together and resolving disputes while the institutionalized Gacaca process is mainly accusatory and adversarial especially in the collection of information. The old version of the Gacaca emphasized on bringing people together to talk about their problems and to foster social harmony and restoration, (Ingelaere, 2 0 0 8 ) . Second, while the old Gacaca aimed at restoring social harmony between families the institutionalized Gacaca
  • 4. 4 seeks to provide retribution by punishing those held liable for crimes during the genocide period. Last, in the old Gacaca, the umpires who resolved disputes were predominantly male council of Elders while young people and council of Elders of both genders constitute the new Gacaca,, (Ingelaere. 2008). The change in composition of arbiters in the Gacaca process is due to the involvement of a large portion of Nigerians in the genocide, and even the council of Elders who used to arbitrate or mediate disputes were accused of certain crimes. 2.3 Council of Elders and Traditional Administrative System Traditionally, the unit of administration and governance among the indigenous peoples was restricted to the village level. However, after means of communication developed, the sphere of administration and governance were expanded in which a number of villages came partially under one administrative system. Before colonial rule, indigenous peoples were effectively independent. Generally, four major institutions of authority governed indigenous political and administrative system: The Village Head or Chief, the Council of Elders, the Priestesses or Priests, and the Warriors. The four institutions worked closely together to safeguard the interest of the community. Customary law was used to govern and control the behavior of members of the community, (Kazeem, 2009). Because various tribes or communities were often at war with one another, prosperity, harmony and security were major considerations in the selection of community leaders. Thus, community leaders usually comprised of individuals who were knowledgeable about customs and tradition, have certain specialized knowledge, were wealthy, generous, brave and physically strong. Furthermore, personal integrity, reliability, honesty, wisdom and a sense of justice were valued as personal characteristics when selecting leaders. According to Okoth-Ogendo (2002), the Chief or Village Head hold the highest authority in term of hierarchy. She/he is responsible for the overall administration of the village and management of resources. She/he is also responsible for maintaining law and order in the village. The Chief or Village Head presides over village meetings and hearings and played a major role in ensuring that the traditional land boundaries, customary laws and rituals were followed. The Chief or Village Head is usually inherited as long as his/her personal integrity is fit enough in the eyes and standards of the villagers. In most cases, the Chief or Village Head is selected for his extensive knowledge of the custom, wisdom as well as his prowess and organizational ability to protect the village from raids. For Kazeem, (2009) the Council of Elders comprised of members of the community who were usually 40 years old and above. The Council advised the Chief or Village Head on all important matters concerning the village. The Council of Elders was the village administrative body, which made important decisions pertaining to security, development, justice, health, moral, spiritual standards of the community. The Council of Elders sought their advice from the village Priestesses or Priests. The Priestesses were involved in most aspects of village life: birth, marriage and death as well as other daily activities such as farming, hunting and fishing. Besides being a medical specialist, the Priestesses were also ritual specialists who ensured moral and spiritual integrity. Tradition and custom formed the basis of individual behavior and it was believed that non-adherence to these traditional customs would bring diseases, sickness and natural disasters. To restore harmony, appropriate rituals had to be performed by the Priestesses. They were thus very influential and powerful figures in the community. The last of the major institutions of authority was paramount leader or warrior who was responsible for security of the community by leading his group of warriors in protecting the village from outside intruders. The paramount leader or warrior was chosen for his prowess in
  • 5. 5 war and in the defense of the community. He represents the higher authority but still seek the advice and assistance from the Priestesses to ward off enemies. The inherited Chieftainship may seem feudalistic but it manifests democracy in terms of the selection of Chief or Village Head, Council of Elders and the decision-making processes. The Chief did not establish the village and ruled the people who lived there but the village was established first and the villagers selected someone a leader who has certain characteristics and from well-established family to be the Chief. Generally, the villagers selected someone with extensive knowledge of custom, wisdom as well as prowess and organizational ability. The selection of the Chief was conducted through a community meeting of all mature village members. The decision is adopted only when the meeting reached unanimous agreement on the matter, (Ingelaere. 2008). Even though there is no fixed tenure in term of service in indigenous governance system like we see in democratic countries today, there are usually principles to ensure that Chief conducts his/her duty throughout the tenure of office. It is not fixed by years but by his/her personal integrity. For instance, if the villagers no longer approve on the Chief's personal integrity, the villagers used to show their disagreement by shifting to other villages. It is a very strong indication to the Chief and in respect of the villagers, the Chief resigned and the selection for a new Chief was conducted. Members of the Council of Elders were selected by the community and in some indigenous communities, they were not necessarily of aristocratic origins and could even be from among the slaves or conquered people. This manifests not only allow representation but also equality in the administration of community, (Okoth-Ogendo, 2002). In general, indigenous system prefers participatory, inclusive and consensus decision making since the units are very localized and thus, the decisions are applicable and appropriate. When standards or by-laws for management of community including resource are established, all mature community members have to attend a meeting and make decisions by consensus. The system ensures that everybody understands the rules, regulations and laws, which they set up by themselves. In important cases, unanimous agreement is practiced such as for the decision to go to war. If somebody is reluctant or expresses a negative opinion, the whole plan to go to war is cancelled. However, only the Chief or Village Head and the Council of Elders may participate in deciding in minor issues. It is very rare or does not happen at all that the Chief or Village Head makes a decision alone on cases, which affect the community if it is not urgent. In all these processes, the community as a whole also traditionally participate in decision-making. Opportunities for social gatherings either in community houses or meeting places as well as in the course of daily work, allows community members to discuss about issues and influence or contribute ideas to members of the Council of Elders, (Ingelaere. 2008). 2.4 Methods of Traditional Dispute Resolution by Council of Elders Conflict resolution amongst African communities has since time immemorial and continues to take the form of negotiation, mediation, reconciliation or ‘arbitration’ by council of Elders, (Kazeem, 2009). Communally, disputing parties would sit together informally and resolve disputes and conflicts to maintain social harmony and restore social bonds. Thus, all the methods of dispute resolution had the aim of restoring social order. Conflict resolution was wholesome and tried to resolve all the underlying causes of conflict by ensuring that the parties to the conflict participated and reached a settlement. In some cases, fines and compensation were used but only as means to acknowledge the wrongs done and restore the parties. The fines
  • 6. 6 and the compensation were not retributive in nature but compensatory. The social bonds and social ties referred to as social capital, enabled council of elders to resolve disputes since the threat of exclusion from the community made parties willing to settle, (Ingelaere. 2008). Additionally, the concept of social harmony and peace was not only among the living but also between the living and the dead. For some wrongs such as murder, rituals and cleansing had to be carried out to allow the spirit of the dead to rest in peace and not disturb the living. Some dispute resolution mechanisms involved reference to ancestors and spirits due to the importance of lineage and ancestry among Africans. Reference to spirits, trials by ordeal rituals and cleansing in dispute resolution were the preserve of traditional healers, diviners and seers, who complimented council of Elders in the dispute resolution process. 2.5 Theoretical Foundations for Conflict resolution by Elders Council Before colonialism, most African societies, if not all, were living communally and were organized along clan, village, tribal and ethnic lines. Being part of a community was important, if not downright necessary due to the vicissitudes of life in primal or communal societies. Social ties, values, norms and beliefs and the threat of excommunication from the society provided elders with legitimacy and sanctions to ensure their decisions were complied with. Consequently, social theories have been fronted that try to explain why the elders were able to resolve disputes in such contexts. 2.5.1 The Social Capital Theory The social capital theory explains the formation of communal societies and the attendant social ties that bind them together. Putnam R.D., in theorizing social capital, posits that social networks, bonds, reciprocal duties and trust, bind people together and enable them to coexist.5 It is these social ties that guaranteed the existence and effective functioning of the society. Putnam outlines two types of social capital: bonding social capital that fastens ties of individual members of a group and bridging social capital that allows interlinkage with other social groups, (Kazeem, 2009). The social capital theory can also explain the restorative nature of dispute resolution by elders in African Societies. In most of Africa, elders aimed at restoring the social ties or social capital that had been broken by the wrongs done, committed or omitted.7 Without strong social ties, communities could not exist and function effectively. Even in serious cases such as murder, the threat of excommunication from the society, and therefore exclusion from social ties, ensured that potential wrongdoers thought about and refrained before wrongdoing. 2.5.2 Social Solidarity Theory Durkheim (1933), in his book, the Division of Labour, explains the society in terms of social order and social facts. According to Durkheim (1933) individuals in a society are social actors who are restrained by social facts to stay in society. Social facts are functionalist in nature. They exist only if the society can derive utility or benefits from them. Extrapolating this theory to dispute resolution by elders, dispute resolution is viewed as a social fact from which society derives some benefit. Elders resolve disputes due to their long experience, wisdom and the respect they are accorded in society. The social solidarity theory, being a functionalist theory, explains the resilience of dispute resolution by elders even in modern
  • 7. 7 societies that have embraced western legal systems. Where a community cannot access formal justice systems due to costs and other externalities, elders are there to resolve arising disputes. Therefore, the existence of elders is a social fact in the society providing a dispute resolution utility occasioned by the absence or low penetration of western legal systems. 2.5.3 Optimal psychology theory Optimal psychology theory uses culture to explain how people view reality, live and resolve disputes, (Okoth-Ogendo, 2002). It is argued that there is optimal psychology in dispute resolution, when people use their cultures to resolve disputes. Consequently, dispute resolution and other real life conditions are sub-optimal when done through a foreign culture. ‘Received’ justice systems such as courts are thus sub-optimal in the African context due to varying cultural context. For instance, while African traditional societies were and to a large extent are grouped communally, western societies are individualistic. This results in a cultural-conflict if western ideals are applied in dispute resolution. Moreover, while dispute resolution in African societies aimed at repairing social ties and restoring harmony; ‘received’ justice systems are mainly retributive with a winner-loser ideology. This theory is important in understanding the resilience of traditional dispute resolution in modernized and westernized African societies 3. Research Methodology The research design adopted for the study was survey research design. Baridam (2002) asserted that survey research design involves the collection of data to accurately and objectively describe the existing condition or phenomena. Studies that make use of this approach are employed to obtain a picture of the present conditions of a particular phenomenon. This study is not concerned with the population of the Rivers State, but rather it is concerned with the population of Khana Local Government Area which is given as 294,217 people. Therefore, the population of the study is 294,217. The sampling technique used in this study was the multistage technique in which the stratified random sampling and simple random sampling techniques will be adopted. The sampling was done on the basis of the towns and villages in Khana Local Government Area of Rivers State. The Local Government Area is already in strata by virtue of the towns and villages hence through simple random sampling technique, fifty percent (50%) of the council of elders were sampled to arrive at a total of sixty eight (68) out of the one hundred thirty-six (136) council of elders identified by the study and 88 persons selected randomly from the 23 towns and villages in Khana Local Government Area. Balloting with replacement (simple random sampling) was used in each stratum. As the name implies, each council of elder’s name was written on different slips of paper, folded and mix up in a basket, and randomly drawn to arrive at the required number of council of elders in each of the towns and villages. In this manner, the 68 council of elders out of the 136 council of elders and 88 persons giving a total of 156 respondents required for the study were randomly sampled out. The sample was made up of 68 council of elders and 88 persons randomly selected from the 23 towns and villages in Khana Local Government Area of Rivers State resulting to 156 sample size. The details are shown in table 1:
  • 8. 8 Table 1: List of Towns and Villages, Council of Elders and Persons Sampled in Khana Local Government Area S/N Town/Villege Council of Elders Subjects Sample 1 Banchabone 4 4 8 2 Betem 3 4 7 3 Bie Gwara 2 3 5 4 Bori 4 5 9 5 Deken 2 3 5 6 Eken 3 4 7 7 Gbam Boue 4 4 8 8 Gure 3 4 7 9 Kagwara 2 3 5 10 Kani 4 4 8 11 Kani Babbe 3 5 8 12 Kapnor 2 4 6 13 Kayangbe 4 4 8 14 Kerekekiri 5 5 10 15 Kono Boue 2 3 5 16 Luawii 2 4 6 17 Luyorgwaro 3 4 7 18 Ndagbami 4 4 8 19 Norkuri Boue 3 4 7 20 Notem 2 3 5 21 Sii 2 3 5 22 Uegure Boue 2 3 5 23 Zaa Kpong 3 4 7 Total 68 88 156 Source: Researchers Field work (2017) The major instrument that were used for data collection in this study was the questionnaire. The researcher will design the questionnaire to investigate council of elders and community conflict resolution in Rural Rivers State. The title of the questionnaire is council of elders and community conflict resolution in Rural Rivers State Questionnaire (CECCRRRSQ). The questionnaire was made up of two sections, section A and B. Section A consisted of personal data of the respondents while section B dealt on the items of information based on the objectives of the study and research questions. The questionnaire was administered by the researcher to the respondents in their various community and palace with help of a research assistant; the questionnaires will be collected after the respondents have filled them to avoid much loss of questionnaire, with this the research expects at least 90% return rate of the questionnaire. Descriptive statistics were used to analyse the data generated in this study. The descriptive statistics are used for analysing and understanding any treatment of numerical data, which do not involve generalization, prediction or estimation about a given data. In this study, percentages, ratios, frequency distribution, Likert scaling, ranking and other statistical tools were used to analyse data so generated.
  • 9. 9 4. Data Analysis and Results A sample of 156 respondents from 23 towns and villages in Khana Local Government Area of Rivers State was studied. Accordingly, 156 copies of questionnaire comprising of 68 council of elders and 88 persons (subjects) were the respondents from Khana Local Government Area of Rivers State selected for the study. Out of the 156 copies of questionnaire administered, 128 copies were retrieved and after going through them 120 copies (i.e. 76.92% response rate) were found useful for data analysis. This section consists of age distribution, sex distribution, marital status, occupational status and educational qualification of respondents under study. The socio- demographic attributes of the respondents give us a window into various views and opinions on the topic under study. Table 2: Percentage Distribution of Respondents by Age. Age Bracket Frequency Percentage (%) Below 30 55 45.83 30 – 45 45 37.5 46 and above 20 16.75 Total 120 100 Source: Survey Data, 2017 The data in table 2 indicates that 45.83% of the respondents were below 30 years, while 16.75% of the respondents were 46 and above. This indicates that those who were below 30 years had better knowledge of the contribution of council of elders in rural based conflict resolution in Nigeria than those who were 46 and above. Table 3: Percentage Distribution of Respondents According to Marital Status. Marital Status Frequency Percentage (%) Married 59 49.16 Single 42 35 Divorced 7 5.84 Widowed(s) 12 10 Total 120 100 Source: Survey Data, 2017 The data in table 3 indicates that 49.16% of the respondents are married, while 5.83% of the respondents are divorced. Though 35% of the respondents are single while 10% of the respondents are widowed(ers). This indicates that there is a substantial difference in the distribution of respondents by marital status.
  • 10. 10 Table 4: Percentage Distribution of Respondents According to Occupation. Occupation Frequency Percentage (%) Farmer 35 29.16 Civil Servant 22 18.33 Student 29 24.16 Trader 34 28.33 Total 120 100 Source: Survey Data, 2017 The data in Table 4. indicates that 29.16% of the respondents are farmers, while 18.33% of the respondents are civil servant. Also, 28.33% and 24.16% of the respondents are traders and students. This indicates that farmers were more in number than civil servants, traders and students. The reason is that, Khana Local Government Area is a semi-rural area and the research is concern with the role of council of elders in rural based conflict resolutions. Table 5: Percentage Distribution of Respondents According to Educational Level. Educational Level Frequency Percentage (%) Primary 22 18.33 Secondary 43 35.83 Tertiary 15 12.5 Vocational and others 40 33.33 Total 120 100 Source: Survey Data, 2017 Table 5 indicates that 35.83% of the respondents have attained secondary school education and 33.33% have acquired vocational and other qualification, while 12.5% of the respondents posed tertiary qualification and 18.33% poses primary education. This indicates that the more educated one is, the better equipped he/she is in handling research questionnaires and expressing his or herself with the knowledge of their area. The Nature of Conflict Resolutions Embarked by council of elders in Khana Local Government Area This section basically seeks information from the respondents about the visible projects embarked by council of elders. That is, the section shall examine the extent to which the people of Khana Local Government Area have knowledge of the existing nature of the contributions made by council of elders in rural based conflict resolutions. It also collected data on the awareness of the inhabitants of the projects embarked by council of elders. Research Question 1: What is the relationship between the involvement of council of elders in conflict resolutions and the peaceful outcome in the local government area?
  • 11. 11 Table 6: Are you aware of any relationship between the involvement of council of elders in conflict resolutions and the peaceful outcome in the community Response Frequency Percentage (%) Yes 90 75 No 30 25 Total 120 100 Source: Survey Data, 2017 The data in table 6 indicates that 75% of the respondents were aware of the relationship between the involvement of council of elders in conflict resolutions and the peaceful outcome in the community while 25% of the respondents were of the view that they were not aware of any relationship between the involvement of council of elders in conflict resolutions and the peaceful outcome in Khana Local Government Area. Based on the interview conducted, most of the respondents in Khana Local Government Area were aware of the nature of rural based conflict resolutions embarked upon by council of elders in their areas, while few of the respondents were not aware of the nature of rural based conflict resolutions embarked by council of elders in their areas. This indicates that, the people of Khana were fully aware of the nature of rural based conflict resolutions embarked by council of elders to bring conflict resolutions in their areas. The Role of Council of elders in Conflict Resolutions Table 7: The Role of Council of elders in Conflict Resolutions Role of Council of Elders Frequency Percentage (%) Mediation 22 18.33 Reconciliation 43 35.83 Negotiation 15 12.5 Arbitration 40 33.33 Total 120 100 Source: Survey Data, 2017 Table 4.6 indicates that 35.83% of the respondents have indicated that the major role of council of elders is reconciliation and 33.33% have indicated that the major role of council of elders is arbitration, while 12.5% of the respondents posited that negotiation is the major role of council of elders’ qualification and 18.33% indicated that mediation is the major role of council of elders. The word “council of elder” entails the reign of a monarchy or a titled ruler vested with the authority to rule over a people in their affairs of life. Therefore, council of elders are headed by one member among council of elders and these institutions are very vital in bring conflict resolutions closer to the rural people as well as Khana Local Government Area. This section basically examines the nature of project(s) executed in Khana Local Government Area.
  • 12. 12 The Role of Council of elders in Conflict Prevention/Mediation and Community Development in Nigeria: Council of elder of Khana’s Opinion Research Question 2: Is there any relationship between the council of elders inputs in conflict resolutions and community development in Khana Local Government Area? Table 8: Any relationship between the council of elders inputs in conflict resolutions and community development in Khana Local Government Area Response Frequency Percentage (%) Yes 94 78 No 26 22 Total 120 100 Source: Survey Data, 2017 The data in table 8 shows that 78% of the respondents indicated that there is relationship between the council of elders inputs in conflict resolutions and community development in Khana Local Government Area. Only 22% of the respondents indicated negative to the question. Based on the interview conducted, most of the respondents in Khana Local Government Area were aware of the nature of rural based conflict resolutions embarked upon by council of elders in their areas, while few of the respondents were not aware of the nature of rural based conflict resolutions embarked by council of elders in their areas. An interviewee who cooperated with the researcher was the council of elder of Enka Community. He told the researcher that from time immemorial council of elders have handled cases of theft, adultery, fornication, farm disputes and so on. This was possible because the Khana Local Government Area was autonomous and independent. The chief was very effective in the maintenance of peace; he was the symbol for the promotion of the socio-economic aspirations and defence of his people. There have always been conflicts within the communities and between communities. The main causes and the kinds of conflicts that the council of elders have been able to handle in Khana Local Government Area from 2007 to 2016: Interview with the Council of elders from Khana Local Government Area Research Question 3: What are the main causes and the kinds of conflicts that the council of elders have been able to handle in Khana from 2007 to 2016? In the course of the interview with the council of elder of Khana Local Government Area he adduced the root causes of conflicts in his area to include the following: • high levels of poverty; • uneven development with townships possessing most amenities; • bad governance due to nepotism, favouritism, mediocrity of appointees and looting of the public treasury; • lack of respect for council of elders who are recognised only when there is a crisis; • the power to appoint and depose council of elders has been abused by state governors. He equally identified the kinds of conflicts handled by his place to include:
  • 13. 13 i) land disputes ii) family squabbles, iii) local stealing, iv) marital disputes, v) Neighbourhood quarrels, vi) fighting and bodily harms, vii) Road Construction, (viii) Building of town halls, (ix)Markets, (x) Schools, (xi) Electricity, (xii) Drilling of boreholes The Role of Council of elders in Conflict Prevention and Mediation in Khana Local Government Area Research Question 4: What should be done to improve challenges hindering council of elders from carrying out conflict resolutions/programme(s) in Khana Local Government Area? The council of elder put forward the following arguments: • Council of elders should be involved in the use of local public funds to ensure development and poverty eradication; monitoring should be undertaken at all levels: Federal, State and Local Government Areas; • The 1976 reforms should be reviewed to return to council of elders the powers that they enjoyed under the Native Administration; • Council of elders should be given formal powers to settle disputes using local customs. For example, in Fan, there is a family in charge of administering public oaths and ordeals concerning judicial matters. Such customs should be recognised; • Land use legislation should return power over land matters to council of elders because they are the custodians of customs and traditions. The following demonstrates the council of elders interviewed, the nature of rural based conflict resolutions initiated. In order to confirm the impact of council of elder in rural based conflict resolutions both the inhabitants and their council of elders were interviewed. And according to the council of elder of Khana Local Government Area, council of elders have contributed enormously to the conflict resolutions of our rural areas, and this is evident in some of the disputes they have handled and executed. From the discussion with council of elders and inhabitants of Khana Local Government Area of Rivers State. the researcher was able to gather enough information about the rural based conflict resolutions activities embarked by council of elders. Council of elders as any other agent or agency of conflict resolutions encounter constraints. These constraints encountered by council of elders' ranges from financial constraints, bad road network linking communities together down to illiteracy amongst his people. From the discussion with council of elders it was discovered that illiteracy was a contributing factor to the low level of rural based conflict resolutions, this is because most disputes handled are strange to his people therefore the people are not willing to participate in such settlements. The council of elders also complained of financial disability to embark on complex dispute handling in his domain. 5. Discussion of Findings The study clearly shows that council of elders are agents of conflict resolutions and traditional institution provide most of the facilities found in the communities in Khana Local Government Area, Rivers State. In the course of the study it was discovered that most of the people in Khana Local Government Area were predominantly farmers and most of the adults were married, this is due to low access to western education to aspire for white collar or blue collar job. The study also found that equal chances were given to the both sexes in expressing their views in regards to the role of council of elders in rural based conflict resolutions. Also, majority of the
  • 14. 14 people in Khana Local Government Area had completed their secondary education; this is because access to education is a basic need for the fulfillment of an individual aspiration and also a strategic need which will lead to other opportunities such as good health, employment and political awareness especially in a developing nation like Nigeria. From the findings of the nature of rural based conflict resolutions embarked by council of elders, it was discovered that most of the people in Khana Local Government Area of Rivers State. are aware of the role of council of elders in rural based conflict resolutions, ranging from dispute resolution, infrastructural facilities such as road construction, earth dam construction, and construction of culverts and so on. From the findings of the nature of rural based conflict resolutions benefited in Khana reveals that market have been established for them, this indicates that the people can now carry out their socio-economic activities therefore creating wealth and employment for themselves. 6. Summary The summary of the findings, are as follows: The study found that conflict resolution by elders is based on social/cultural values, norms, beliefs and processes that are understood and accepted by the community. For that reason, people are able to abide and comply by their decisions. It is said that as a man grows old, his prestige increases according to the number of age-grades he has passed. An elder’s seniority makes him almost indispensable in the general life of the people. As such the presence or advice of elders is sought in all functions and matters including dispute resolution. Elders hold supreme authority and customs demand that they be given due respect and honours, not only when they are present, but even when absent. The study also revealed respect for elders, ancestors, parents, fellow people and the environment is cherished and firmly embedded in the mores, customs, taboos and traditions amongst Africans. The study has revealed that the root causes of conflict in this area are the following: • high levels of poverty; • uneven development with townships possessing most amenities; • bad governance due to nepotism, favouritism, mediocrity of appointees and looting of the public treasury; • lack of respect for council of elders who are recognised only when there is a crisis; • the power to appoint and depose council of elders has been abused by state governors. The Role of Council of elders in Conflict Prevention and Mediation in Nigeria: Interim Report What can be done to improve this situation? The Khana Council of elders put forward the following arguments: • Council of elders should be involved in the use of local public funds to ensure development and poverty eradication; monitoring should be undertaken at all levels: Federal, State and Local Government Areas; • The 1976 reforms should be reviewed to return to council of elders the powers that they enjoyed under the Native Administration;
  • 15. 15 • Council of elders should be given formal powers to settle disputes using local customs. For example in Fan, there is a family in charge of administering public oaths and ordeals concerning judicial matters. Such customs should be recognised; • Land use legislation should return power over land matters to council of elders because they are the custodians of customs and traditions very minimal. From the study, it is found that council of elders have succeeded in boosting rural based conflict resolutions through advocating for provision of boreholes, settling conflicts in rural roads, handling issues on formation of co-operative societies, settling problems on setting up of markets, construction of culverts, construction of earth dams, mobilizing people for health programmes and resolving general disputes within their domains. It was discovered that poor road network, illiteracy and financial constraints were obstacles to rural based conflict resolutions in Khana Local Government Area of Rivers State. This scenario presented lack of access to long distance communities with non-passable roads, lack of understanding of projects initiated due to illiteracy as a result of low participation of rural based members in most projects initiated by council of elders. The study found that Communal setups provide necessary impetus for conflict resolution and peaceful co- existence. Conflicts and disputes have the potential to disrupt the social fabric holding society together. In essence, disputes and conflicts are a threat to the existence of society and are thus avoided. Social values, norms and beliefs in place aim at avoiding conflicts, and ensuring that if they arise they are resolved amicably. 7. Conclusion The unclear legal and policy framework extends to matters of appeal of decision council of elders and enforcement of these decisions. Among the Ogoni people for example, it is difficult to enforce the decision of elders unless all the parties agree with the decision. Formal justice systems are backed by government sanction and disputants easily comply with their decisions easily. This study revealed precisely that council of elders are the major agents in transforming the attitude of the rural people provided they are answerable to a titled ruler vested with the authority of governing the affairs of the people. Based on the findings, the researcher has come to conclusion that council of elders have made a positive impact in rural based conflict resolutions to a degree. 8. Recommendations The following recommendations are hereby offered for better performance of council of elders in rural based conflict resolution in Nigerian future. (a) There is need to develop a clear legal and policy framework for the application of traditional dispute resolution by council of elders. In this regard, we can learn from the challenges and advantages of the Black Administration Act in South Africa. (b) Emphasis should be placed on traditional dispute resolution as the first option in resolving disputes. Parties in certain personal relations such as marriage, divorce, child custody, maintenance, succession and related matters should first opt to traditional dispute resolution before approaching the formal legal system. This has been well used in Botswana and South Africa though with a lot of limitation on areas of application. (c) There is need to give elders engaged in the process adequate remuneration to prevent chances and opportunity for corruption. This would prevent corruption as has been observed that corruption of elders among the communities have influenced the dispute
  • 16. 16 resolution process. (d) There is need for a framework for appealing the decision of elders in the traditional dispute resolution mechanisms. For instance, among the Ijaw, the hierarchy of traditional dispute resolution mechanism begins at the household level, then goes to the extended family level, the formal customary court, and lastly to the customary court of appeal, with the status of the High court. (e) There is need to develop an enforcement mechanism for traditional dispute resolution mechanisms by elders. For instance, in South Africa, if a person fails to obey the decision of a traditional elder, the person is reported to a magistrate who gives the person 48 hours to show cause and if he fails to, he is punished. (f) Need for codification of key concepts, practices and norms of traditional dispute resolution to protect them. Further, such codification increases uniformity and consistency of application of traditional dispute resolution mechanisms by elders.
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