Tribal Conflict Resolution in Action

Tribal Conflict Resolution in Action
Nadwa Al-Dawsari

April 11, 2014

Interpretation of tribal arbitration language and Protocol to Arabic provided by Abdulhakeem Al-Ofairi, an expert on tribes and tribal customary law.

1. General Background

Tribal Conflict resolution traditions include mediation and arbitration.  The mediators’ role is to stop violent clashes or potential ones. To prevent the dispute from escalating, they talk to conflict sides and convince them to resolve it either through direct negotiation or through arbitration. If the conflict becomes violent, mediators would rush into the middle of the fighting zone carrying white flags. Warring tribes would stop the clashes and talk to the mediators.  That is the rule according to customary law. Mediators would then convince conflict parties to establish an immediate truce (usually 8 days) and choose an arbitrator or arbitrators.

Arbitration takes different steps and stages; each has a certain protocol and a level of details and sophistication. Usually, conflict parties agree on an arbitrator or arbitrators who then study the evidence, listen to conflict parties together and in separate caucuses, and then issue a verdict. There is a well-established appeals process if one of the conflict sides is not happy with the verdict. Conflict parties’ preapproval of the arbitrator/s is a must.

2. The Culture of Apology:

The culture of apology is rooted in tribal customary law and conflict resolution traditions. The video below along with the transcript and explanation presents a type of arbitration in which one side of the conflict chooses the other side as the arbitrator. This demonstrates a culture of apology and willingness to go as far as required to end the conflict and establish peace beyond that. It is because of these traditions that most conflicts in tribal areas in Yemen did not blow up into full-scale wars.

The video presents a real tribal arbitration process in which a tribe from Marib offers apology and amends to a tribe from Albaidha after a tribesman from Albaidha was killed in the territory of the tribe from Marib. Whether the man was killed by a tribesman or tribesmen from the Marib tribe is not relevant. What matter is that he was killed within the territory of the Marib tribe and that the tribe failed to prevent that from happening. In tribal traditions, each tribe is responsible for protecting people and animals within its territory and that extends to travelers who cross a tribe’s land.

To keep it simple and easy to follow, the names of tribes will not be mentioned. The tribe from Marib will be referred to as the Marib tribe and the tribe from Albaidha will be referred to as the Albaidha tribe.

3. General description of the arbitration process in the video:

April 5^th, 2014, a delegation of armed tribesmen led by tribal sheikhs from Marib drove down and settled in a piece of land within the territory of the victim’s tribe in Albaidha governorate. As much as it appears to be so, this is not a sign of aggression. It is far from it. It is rather a demonstration of apology and a kind request by Marib tribesmen to be hosted by Albaidha tribe. This tradition aims at appealing to the tribal traditions of hospitality. Marib tribesmen came with a request and an honorable tribe, in this case the Albaidha tribe, would honor that request. Marib tribe’s request is for Albaidha tribe to agree to be the arbitrators and state whatever amends they want to resolve the conflict that resulted from the killing of their tribesman in Marib tribe’s territory.

3. Transcript of the Arbitration protocol and language as shown on video:

Stage 1: Hospitality Requested and Approved:  

·      Albaidha tribesmen come to the site where Marib tribesmen have landed.

·      Marib tribesmen form a line next to each other and Albaidha tribesmen formed a line next to each other facing Marib tribesmen.

·      The prominent sheikhs of the Marib delegation walk a few steps forward. The following conversation takes place:

Marib sheikh: Assalam Alaikum (peace be upon you). Peace is our greeting

Albaidha prominent sheikh: Marhaba (welcome here). Greeting is not enough. We will shake hands with you. You are our guests and we will attend to you.

Tribesmen shake hands. This is accompanied by gunfire to celebrate Albaidha tribe’s acceptance to host Marib tribesmen. The handshaking continues for about 2 minutes.

The following dialogue follows:

Albaidha sheikh: Welcoming you. What is the news?

Marib sheikh: You will bring the news (meaning what you decide will be the news that matters to us)

Albaidha sheikh: All will be good (this is a message of reassurance).

Stage 2: Offering the Apology and Amends:

Tribesmen from Marib put 10 guns on the ground. Then their sheikh tops that up with an additional gun and keys of 2 cars. This is called A’dal which symbolizes a commitment to accept any amends required by Albaidha tribe to resolve the situation.

Marib Sheikh: Peace be upon the prophet. This is to request your arbitration. Our request from you is to save us with a verdict.

Then he introduces another prominent sheikh called Ali Muhsen ben Ghuraib

Albaidha men: Great man (referring to sheikh ben Ghuraib)

Sheikh ben Ghuraib: We came along with all those men from our area. We seek the blessings of your faces (meaning we seek your blessing). Whatever pleases you will not upset us. We are staying in this spot and we will not leave until you welcome us and answer our request to save us today. Peace on you.

Tribesmen from Marib sit on the ground to indicate they are not leaving until their request is honored.

Stage 3: Apology and Arbitration Request Approved:

Albaidha Sheikh: We welcome you and we will honor your request. Stand up (meaning that you don’t need to sit any longer because your request has been approved)

The sheikh of Baidha and his men take the 11 guns and keys of the two cars. This indicate acceptance of the Marib tribes apology and the arbitration request.

This effort led to a final resolution of the conflict on the same day. The family of the victim from Albaidha tribe pardoned the Marib tribe. The verdict included a 140 million Yemeni Rials as amends for committing a “shameful act”. This was reduced to YR 35 million to extend further hospitality from Albaidha tribe to their guests.[1]

4. Links to the Video:

http://www.youtube.com/watch?v=LiRgwzEYTiI

http://www.msader-ye.net/index.php?no=13543&ac=vd

---

[1] Albaidha Online (Arabic), “A delegation from Marib reaches Albaidha seeking arbitration from Aal Asharaf…”, April 5^th, 2014, http://albaidaonline.com/index.php?page=news&news_id=8234