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