Benefits of Mindful Mediation for fragile states

How to cite this journal: Author, Date of the post, WMO Conflict Insight, Title of the post, ISSN: 2628 6998, https://worldmediation.org/journal/

ABSTRACT *

This article argues that mindful mediation offers particular benefits for fragile states, understood as countries with weak state capacity and contested legitimacy where governments cannot control their territory, deliver public services or contain crime and corruption, and where citizens face emigration, economic decline and inequality. Writing from the perspective of a Somali author, the paper names Somalia, South Sudan, Syria, Sudan, the Democratic Republic of Congo, Yemen and Venezuela among such states, and identifies Sudan after the removal of Omar al Bashir as an especially urgent case. Grounding mindful mediation in self understanding, patience, open mindedness and empathy as safeguards against ethical failure, the author sets out a series of benefits: lower cost and shorter duration than civil litigation; the fostering of unity through a win win process, illustrated by the contrast between the Kenyan coalition arrangement of 2008 and the judicial resolution of the Venezuelan legitimacy dispute; the preservation of positive relationships in societies divided along ethnic, political and distributional lines; comprehensive and customised agreements that take psychological and procedural matters into account, as in the Colombian peace process facilitated in part by Switzerland; higher compliance and durability because outcomes are voluntary rather than imposed; improved governance and protection of constitutional and human rights; reduction of gender based violence and child abuse; economic development through an environment attractive to investment; and the improvement of international relations and trade. The article closes by noting the engagement of the World Bank, the European institutions, the Busan High Level Forum and the United Nations Development Programme in addressing state fragility. Readers should note that the country characterisations and case interpretations reflect the author’s own perspective; the editorial position of this journal is neutral as between the parties in the conflicts referred to.

KEYWORDS *

Mindful mediation, fragile states, Somalia, Sudan, conflict resolution, governance, human rights, gender based violence, economic development, compliance, self-determination, international organisations

INTRODUCTION

Mindfulness encompasses the mental ability to develop responsibility for oneself to assist one in solving current life issues and challenges. Unless an individual can understand him/herself, they cannot understand others. For that matter, mindful mediation is a holistic process of conflict resolution founded on a blend of evidence-based simulations and techniques through the use of inmate personal competencies and abilities in decision making (Purser & Milillo, 2015). The mediators, in this case, develop patience, open and broad-mindedness, and empathy elements to prevent any ethical pitfall in the mediation process.

Fragile states usually have weak state capacity and poor state legitimacy exposing the citizens to vulnerabilities and a range of shocks due to poor governance and conflict. In most cases, the governments of these nations are unable to control much of their territories, provide public services and social amenities, and handle crimes and corruption, among others (Zoellick, 2018). Hence, they experienced massive emigration to the neighborhoods to seek refuge and a peaceful environment. Besides, they suffer severe economic decline and, economic inequality and often seek help from the international community.

Moreover, they consist of political breakdowns like the rise of factionalized elites, suspension of arbitrary application of the law, and delegitimization of the state. Examples of these states include my country, Somalia, South Sudan, Syria, Sudan, Democratic Republic of Congo, Yemen, and Venezuela, to mention a few. Political disturbances have to raven peaceful state of these nations hence making them the most fragile and conflicting states in the world today. Currently, there is an intense conflict in Sudan since the toppling of the 30 years autocratic, dictatorial, and corrupt president, Omar Al Bashir. For that matter, the country stands to be the most fragile, and mindful mediation is necessary for the revival of peaceful coexistence and harmony. The objective of this study, therefore, seeks to elaborate on the benefits of mindful mediation for fragile states. Such benefits include:

MAIN CORPUS

Less costly and Time-Saving Compared to Civil Litigation

Unlike other forms of conflict resolution such as legal litigation mindful mediation has several benefits, especially for the fragile states that require unity to champion their nation’s growth and development. The first benefit for this kind of conflict resolution is that it is less costly and time-saving compared to civil litigation hence will save the country from incurring any funds and consuming much time trying to create peace at the expense of their development (Georgakopoulos, 2017). Mindful mediation requires agreement by the two conflicting parties by first understanding their needs and later comprehends the essentials of the other. In fragile states like Venezuela, most citizens live poor lifestyles with low income and poor social services to meet their daily basic needs.

Regardless of the approach that they shall take, the ultimate objective should be a transformation of the people’s lives and improvement of the country’s economy. Mindful mediation is, therefore, a better approach to solve the disputes not only in this country but also in Syria and Sudan that experience conflict due to similar reasons. The process will be cost-effective for the country since the preparation usually is more comfortable as compared to civil litigation, there is no need for legal experts hence no court fees and related charges, and can be held anywhere at the comfort of the rivaling parties (Rasmussen & Pidgeon, 2011). Besides, the process typically takes less than a week for the parties to agree; hence, it is time-saving, unlike the legal channels that are bureaucratic and time-consuming. The mediator is also well conversant with the issue at hand and only comes as a neutral party to guide the disputants out of the conflict hence does not require much time to investigate like in other processes. As a result, the fragile countries will sort out their issues faster and focus on the transformation and reformation of the affected countries.

Fosters Unity by Allowing the Disputants to Work Together

Mindful mediation is a win-win process where there is no loser and gainer like another process as legal arbitration. In courts, the jury makes final decisions on who is right and who is wrong, and the parties are obliged to abide by their verdict. This kind of conflict resolution has caused more harm than good to fragile states where most individuals usually fight for self-interests. When the National Assembly in Venezuela invalidated the re-election of President Nicholas Maduro, he moved to Supreme Court that disregarded such actions and upheld the election (Ponceleon, 2019). In this case, it implied that the opposition leader Juan Guaido, who receives much support from the parliament and the western countries lost. The decision of the Supreme Court did not solve the underlying situation but only worsened it.

Unlike such forms of conflict resolution, mindful mediation listens to the views of both parties and grants the chance to work together towards the transformation and reformation of the country. For instance, during the 2007 election in Kenya, the incumbent President and opposition leader disagreed over the election results plunging the country into serious violence. The adversity of the situation attracted the attention of the international community and humanitarian groups leading to the United Nations (UN) intervention through mediation. The primary mediators in the process were the former late UN Secretary-General, Koffi Annan, and the then Tanzanian President (Sharma, 2015). Eventually, the parties agreed to work together where one became the president and the other the prime minister. Unlike the case in Venezuela where one became the winner and the other the loser, mediation gave both disputants the chance to work together that led to the development and reformation of the country. Therefore, mindful mediation is essential as it grants the opportunity for both opposing parties hence enhance peaceful existence and economic development in the fragile states.

Enhance Positive Relationship between the Disputants

Mediation involves interaction between the two aggrieved parties to quell the risen temperatures and hatred, unlike the legal litigation that views the conflicting parties from an individual perspective. The mediation process involves negotiation between the two sides to reach an all-satisfying solution to the matter at hand systems (Boutellis & Zahar, 2017). The party presents both of their interests and wishes to come to terms. Through the help of the mediator, such interests are harmonized so that everyone’s need is taken into account. Thus it is a win-win process.

Fragile countries are generally underdeveloped and socially divided along with various factors like ethnic alienation, political groups, and unequal share of public resources, among others. For that matter, the foremost stewardship that can fuel peace, harmony, and economic growth is unity since rendering one a loser, and the other winner will only worsen the situation (Del Ceno, 2013). Mediation, therefore, is significant since it preserves a positive relationship by creating an all-binding solution through negotiation. It heals and encourages direct communication between the parties that will be reflected in their supporters, thus necessary for the improvement and enrichment of such states like Sudan and Somalia.

Comprehensive, Rapid, and Customized Agreements

Normally, the courts have a bureaucratic system and procedure for handling matters. Despite a long time that it may take in one level to seek the issues, a party who is not satisfied proceeds to appeal such verdicts since no one is always ready to lose. On the contrary, mediation often begins at the early stages of disagreement and involves the parties in a comprehensive discussion to deduce the best way forward that both parties embrace. Moreover, the process takes into account legal and extra-legal matters such as procedural and psychological issues that are rarely considered in the civic litigation systems (Boutellis & Zahar, 2017). It goes into a broader context to study the reactions and feelings of each and educate them on how to handle such situations.

For that matter, mindful mediation places the power of decision-making in the hands of the disputants. Since both disputants will be aware of the consequences of their actions, they will have more control over the outcome of their dispute settlement. In this case, the parties always stay mindful and take ways that promote peace and harmony (Haynes, Haynes & Fong, 2012). Such kinds of agreements are better for the economic, social, and political development of fragile states. For instance, Switzerland played a significant mediation role in 2016 to facilitate negotiation between the Columbian government and FARC rebels that led to the signing of a peace treaty between the disputants.

Compliance and Long-Lasting Solution

The conflicting parties in fragile countries are always very radical and violent to obtain what they need despite the pinned legal consequences. Mostly, these cases do not succeed in the legal framework since everyone is determined to prove their might towards obtaining their interests both as an individual and group of supporters (Rasmussen & Pidgeon, 2011). For that matter, the disputants regularly defy the civic litigation outcomes and embrace personal channels, which prolong and deteriorate the situation.

However, mindful mediation begins by first allowing the parties to contemplate about themselves and understand their issues before coming to the table. Unlike legal channels, which are subjective and involuntary, arbitration is always objective and voluntary. Therefore, the parties negotiate and reach their agreements and vow to comply with the terms. The arbitrator, in this case, does not impose the solutions on the parties as it would be in other techniques hence the party finds the final resolutions favorable and quickly implements them leading to the reformation of the underlying situation for long-lasting peace.

Effective Governance

Conflicts have prolonged poor governance in the fragile states, promoted corruption, and hindered the delivery of social amenities to the citizens. Besides, it has led to a violation of constitutions and human rights, making such countries less favorable for human habitat (Clark, 2013). For instance, the ongoing war in Syria had led to several constitutional breaches and violations of human rights through the use of chemical weapons to kill innocent civilians. There have been humanitarian crimes of manslaughter and killings since the onset of the war between the ruling autocratic government and the opposition. Similarly, the conflict in Venezuela has paralyzed government operations such that it is incapable of providing social amenities like food, medical care, and clean and safe water to mention a few.

Mediation seeks to create peaceful existence among the national leaders to focus on the protection of the constitution and provision of social amenities to its people. This benefit has not is highly sabotaged and eliminated in the fragile states. For instance, the toppled President of Sudan was charged with corruption and constitutional breaches that have kept the country in hardship and poverty. However, other fragile states that resorted to amicable mediation have shown significant progress towards proper and effective governance that protects the constitution and human rights. Ethiopia and Rwanda have achieved the highest rates of transformation with effective leadership and focus on improving service delivery and eliminating corruption in their states due to successful mediation (Clark, 2013). Hence, mediation is crucial for fragile states to eliminate corruption, safeguard the constitutions, and promote effective governance.

Elimination of Gender-Based Violence and Child Abuse

The fragile war-ravaged countries experience several challenges that derail human rights and dignity like sexual assault, especially against females. The ladies are sexually harassed by the rebel militants in the process of fighting against each other (Clark, 2017). Besides being brutally from the strangers, the women always face domestic violence from their intimate due to lack of civilization and the perception of male supremacy over female beings.

Moreover, children always face brutality and mistreatment that goes against their rights. Young children as low as below 15 years are used as a medium of transporting weapons hence exposing them to dangers and threats associated with war. Such children do not obtain basic needs like education, proper healthcare, and parental care, among others. In most cases, the fathers join militant groups or are killed by the rebels leaving the women with the entire responsibility of the family. Due to these challenges, several humanitarian groups have stepped up to rescue the women and children from the hostility of conflicts. As a result, various negotiations have been employed with some showing success while others are failing. For instance, the efforts of Switzerland to mediate in Somalia have failed on most occasions that have left the country in conflict hitherto. Other nations, such mediation have been prosperous include Burundi, Colombia, and Indonesia etcetera reached a peaceful agreement with Switzerland as the mediator (Mohdin, 2017). Thus, issues of gender-based violence and child abuse have declined substantially hence an equal society that honors human rights and dignity.

Educates and Empowers the Disputants

Further, mindful mediation is always educative, unlike other forms of mediation. Mediation plays a significant role in educating the rivals on various aspects of negotiation and how to negotiate successfully. In other forms of conflict resolution, there the parties charged with resolving the dispute do not educate the conflicting individuals but uses such knowledge to reach their agreement where in most cases they determine the winner and the loser (Crocker et al., 2015). However, mediation seeks to illustrate the entire process of negotiation to the parties so that they reach an agreement on their own. The parties will not only solve the disputes but also get empowered and feel valued. The skills learned in the process help the parties to bring the disputing followers together and settle matters amicably. Besides, the parties can solve future issues at early stages before deterioration hence enhances long-lasting peaceful existence in such fragile states.

Enhanced Economic Development and Growth

Some conflicts occur in resource-rich countries like Sierra Leone and the Democratic Republic of Congo. The impacts of conflict in such states led to a low level of economic development and growth. Despite the attempted mediations in these countries, any long-lasting success towards peaceful coexistence has not actualized through the intensity of war has significantly reduced. Foreign and domestic investors are always afraid of putting their resources in places where losses are evident (Herbert et al., 2011). As a result, most different countries like Iran, South Suda, and DRC have basked at the shame of poverty, corruption, and hunger.

Through the mediation process, the conflicting parties can learn about the impacts of conflicts on poor social and economic systems. Conflict is usually a significant barrier that hinders development in any place, regardless of the resources available. Consequently, the international communities have established various strategies to mediate between conflicting states to help champion economic development. A successful mediation will lead to a serene environment that attracts foreign investors to invest in areas like agriculture for food security, infrastructure and roads for industrialization, and education for civilization amongst other sectors in the economy (Herbert et al., 2011). For instance, most countries that have mediated their differences amicably have received support from organizations like the World Health Organization to improve the health of its people hence strengthening human capital that is very key in the industrial revolution and economic growth.

Improved International Relations and Trade

Some fragile countries occasionally face global actions such as blockade and sanctions, thus limiting their regional and international trade activities. For instance, the US placed sanction against the government of Venezuela that has adversely affected its relations with the western and European countries (Grant, 2019). Besides, the blockade has paralyzed the operations of the government, which is unable to acquire essential products such as medicine from the United States. Similarly, fragile states are exposed to transnational organized crime that interferes with the peace of the country. For instance, Syria experiences transnational organized attacks from the Islamic States in Iraq (ISIS) who joined to help the opposition topple the government of President Bashar Al-Assad (Bijlani, 2017).

For that matter, fragile nations have adverse international relationship and activities, which eventually negatively affects their economy. Mindful mediation will play a critical role in rectifying the situation in these countries to enhance their regional and international operations towards proper governance and growth of the economy ((Haynes, Haynes & Fong, 2012). Therefore, fragile countries like Venezuela should embrace mediation and calm the country to eliminate international barriers towards the improvement of trade and good relations. Otherwise, the situation shall worsen to hinder their economic development and transformation goals hence lag by failing to meet the Global Sustainable Development Goals.

SUMMARY *

The author assembles a comprehensive case for mediation as the preferred instrument in fragile states, resting on a single underlying claim: where institutions are weak and society is divided, a process that produces a winner and a loser deepens the fracture, while one that produces a jointly authored outcome begins to repair it. From this follow the practical advantages the article enumerates, lower cost, greater speed, customised and comprehensive agreements, higher voluntary compliance, preserved relationships, and the secondary benefits for governance, human rights, investment and international standing. The distinctively mindful element is placed at the beginning of the process: parties are asked to understand themselves and their own needs before they attempt to understand each other.

CONCLUSION

In a bid to help the fragile conflict countries, the World Bank adopted two reports to address the issue through substantial and sustained investment to strengthen legal institutions and governance. The institutions should, in turn, offer security and justice, create employment opportunities and transform the social welfare and lifestyles of their people. Besides, the European Nations adopted the idea of resilience technique to handle such issues and mediate to enable fragile countries to transform and enjoy the benefits of mediation (Clark, 2013). Further, the Busan High-Level Forum on Aid in 2011 reached a consensus on how to assist the states to get out of fragility. The UNDP’s main strategic plan is to dismantle the complicated fragility and poverty in conflicting countries and enhance a better future for such people.

As a result of the plight of the fragile state globally, the international communities through various organizations like the UN, UNDP, WHO, and World Bank, among others are focused on transforming the situation in such countries. The United Nations have fostered for mediation activities in various fragile countries such as South Sudan, Colombia, Rwanda, Burundi, DRC, Sierra Leone, Syria and Israel among others (United Nation, 2017). Despite the failures of others, the countries that have successfully mediated live to enjoy the benefits discussed above. It is therefore worth concluding that mindful mediation is crucial towards transformation and reformation of the fragile countries to achieve the established Global Sustainable Development Goals.

POTENTIAL SOLUTION *

The author’s central argument holds, and it is strengthened rather than weakened by acknowledging where mediation in fragile states meets its hardest limits. Two of the article’s own examples make the point. Somalia has been mediated repeatedly over three decades without lasting settlement, while the Kenyan agreement of 2008 succeeded within weeks. The difference lies not in the technique but in the conditions: Kenya had two identifiable parties, each able to bind its followers, in a state whose institutions survived the crisis. Somalia has had neither. A framework for mediation in fragile states must therefore begin with that diagnosis rather than with the advantages of the method.

Where a state has fragmented, the classic model of two parties at one table is unavailable, and mediation has to be built upward rather than downward. Local agreements between clans, communities and districts over water, grazing, markets and security produce settlements that hold because those who make them can enforce them among their own people. Elders, religious authorities and customary courts already perform this work daily and typically without external recognition; supporting and connecting these processes, rather than importing an unfamiliar framework above them, is the realistic path in a country such as Somalia, and it also builds the layer of legitimate authority that any future national settlement will need.

Elite power sharing deserves a more cautious treatment than the article gives it. The Kenyan coalition ended the violence and deserves the credit the author accords it, but the deeper causes it left untouched, land grievance, exclusion and impunity, produced further crises later. Power sharing that divides offices among leaders while leaving the exclusion of ordinary citizens intact teaches a costly lesson: that violence is rewarded with a seat at the table. Agreements should therefore be judged not by whether the principals shook hands but by whether they altered the terms on which power is contested next time.

Two of the article’s claims call for qualification, and mediation practice is better for making them explicit. The suggestion that a process typically concludes within a week describes commercial mediation, not the mediation of armed conflict, where realistic timeframes run to months and years, and where promising speed sets expectations that guarantee disappointment. And crimes against individuals, particularly the sexual violence and the use of children in warfare the article rightly condemns, are not matters for negotiation between the parties who committed them. Mediation can secure the release of children, humanitarian access and protection commitments, but where it becomes the instrument by which such acts are quietly amnestied it purchases quiet at the price of the next generation’s grievance. Survivors need a distinct process, and mediators serve them best by keeping accountability mechanisms open rather than trading them away.

Finally, the mindful dimension the author places at the outset is the element most easily lost when a process becomes political. Asking parties to understand their own needs before confronting each other is not a preliminary courtesy; in societies where identity and fear drive the conflict more than material interest, it is where the actual work happens. In fragile states above all, mediation that changes only who holds office, without changing how people see one another, produces intervals between wars rather than peace.

* Added by the WMO Editorial Team

REFERENCES

References

Bijlani, R. (2017). 15 Facts About The Syrian War. The Borgen Project. Retrieve from https://borgenproject.org/facts-about-the-syrian-civil-war/

Boutellis, A. & Zahar, M.J. (2017). A Process in Search for Peace: Lessons from the Inter-Milan Agreement. International Peace Institute. Retrieve from https://www.ipinst.org/2017/06/lessons-from-inter-malian-peace-agreement

Clark, H., (2013). “Conflict and Development: Breaking the Cycle of Fragility, Violence, and Poverty.” United Nations Development Programme. Retrieve from https://www.undp.org/content/undp/en/home/presscenter/speeches/2013/08/12/-conflict-and-development-breaking-the-cycle-of-fragility-violence-and-poverty-.html

Crocker, C. A., Hampson, F. O., Aall, P., & Palamar, S. (2015). Why Is Mediation So Hard? The Case of Syria. In Handbook of International Negotiation (pp. 139-155). Springer, Cham.

Del Ceno, J. S. (2013). Construction mediation as a developmental process. International Review of Law, 2013(1), 1.

Georgakopoulos, A. (Ed.). (2017). The Mediation Handbook: Research, Theory, and Practice. Routledge.

Grant, W., (2019). Venezuela crisis: The political battle and the people caught in the middle. BBC News. Retrieve from https://www.bbc.com/news/world-latin-america-48030691

Haynes, J. M., Haynes, G. L., & Fong, L. S. (2012). Mediation: Positive conflict management. Suny Press.

Herbert, W. A., De Palo, G., Baker, A. V., & Anthimos, A. (2011). International commercial mediation. Int’l Law., 45, 111.

Mohdin, A., (2017). Switzerland long history of international crisis mediation has had mixed success. Quartz. Retrieve from https://qz.com/1069274/switzerland-and-the-north-korea-crisis-a-history-of-swiss-mediation/

Ponceleon, P.T., (2019). Recognizing Juan Guaido risks a bloody civil war in Venezuela. The Guardian. Retrieve from https://www.theguardian.com/commentisfree/2019/feb/05/juan-guaido-venezuela-maduro

Purser, R. E., & Milillo, J. (2015). Mindfulness revisited: A Buddhist-based conceptualization. Journal of Management Inquiry, 24(1), 3-24.

Rasmussen, M. K., & Pidgeon, A. M. (2011). The direct and indirect benefits of dispositional mindfulness on self-esteem and social anxiety. Anxiety, Stress, & Coping, 24(2), 227-233.

Sharma, S. K., (2015). The 2007–8 Post-election Crisis in Kenya. The Responsibility to Prevent: Overcoming the Challenges of Atrocity Prevention, 280.

United Nation, (2017). Report of the Secretary-General: United Nations Activities in Support of Mediation Activities. United Nations. Retrieved from https://peacemaker.un.org/sites/peacemaker.un.org/files/DPA%20Report%20REV9%20ENG%20WEB.PDF

Zoellick, R (2018). Fragile states: securing development. World Bank.