An assessment of East Africa community dispute resolution mechanisms and prospects of sustainable peace (2012-2018).

Abstract

Dispute resolution mechanisms have been used as fronts for cultivating sustainable peace in the East Africa Community. However, the success of this approach has not fully been documented. This is because the East Africa Community is a region with many valuable natural resources that would spur its growth to unprecedented levels in the world. Three objectives guided the study; to examine the nature and institutional aspects of alternate dispute resolution mechanisms in East African Community; to establish the extent to which alternative dispute resolution mechanisms used in East Africa and to establish the influence of dispute resolution mechanisms used in EAC on prospects of sustainable peace. The study was anchored on the Dual Concern theory of conflict resolution and the General Theory of Disputes and Conflicts. Descriptive research design was applied in the study with study site as the Ministry Foreign Affairs and International Cooperation in Rwanda. Both primary and secondary data sources were used. Questionnaires were used to collect primary data. Results indicated that alternative dispute resolution mechanisms have been in use in the East Africa region. The evidence is that East Africa Community members have set up mechanisms for alternative dispute resolution for sustainable peace and security. Findings established that strength of ADR is that it is domesticated in all the constitutions in the East Africa Community member states. For example in Kenya, Uganda, Rwanda and Tanzania, this justice as spelled out in the constitution is to be accorded irrespective of status of the persons. The null hypothesis that there are no significant strengths of institutional aspects of alternate dispute resolution mechanisms in East African Community was rejected and alternate hypothesis accepted. From the results it is evident that alternative dispute resolution mechanisms have been employed in settling regional conflicts among member states in East Africa Community. In South Sudan, mediation and arbitration was constantly used in mitigating the conflict before and after independence in 2011. Results showed that strength of ADR is visible since the constitution of the member states of the East Africa community has domesticated it. The strength of use of ADR is also notable since member states have constantly employed it as a means for sustainable peace and security. Thus the alternate hypothesis that there is significant strength of dispute resolution mechanisms on prospects of sustainable peace East African was accepted and null hypothesis rejected. The study concluded that there is a strong nature and institutional foundation of alternate dispute resolution mechanisms in East African Community. The study also concluded that there is significant usefulness of alternative dispute resolution mechanisms used in East Africa. The study finally concluded that evidence of use of ADR for sustainable peace and security in EAC region, is a strong indicator for dispute resolution mechanisms as a major prospects of sustainable peace in the region. The study recommended that there is need for member states to adhere to the resolutions under EAC‟s Draft Protocol on Foreign policy. There is necessity for creation of enforcement platforms to give EAC powers and forcefulness to overcome violators of ADR.