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The role of transformative mediation in post-electoral violence: the case of Kenya 2007-2008

Free and fair elections, accompanied by smooth transitions of democratically elected leaders, constitute one of the key pillars of democracy. The dawn of democratisation and advent of multi-party politics after the end of the Cold War in 1991, seemingly held great promise for Africa. However, in recent years, many elections in Africa have consistently become a source of violence. Electoral violence is threatening to become an intractable source of conflict on the African continent, making it hard for emerging democracies to consolidate their status as free democratic societies. Many remain largely autocratic or semi-democratic. African leaders are all too often not ready to relinquish political power, while political elites are ‘power hungry’ and use violence to skew the outcomes of elections in their favour. Hence, electoral violence is employed in order to manipulate civilian election choices and outcomes. Election violence is often deliberately used to target civilians, and in countries like Kenya involves inter-ethnic clashes. These “new wars” are fought unconventionally using ‘crude weapons’, (Kaldor 2013). Kaldor describes how these ‘new wars’ are fought as intra-state (within the state) wars in developing countries. Often, they are waged via state or county networks based on identity or ethnicity. The consequences of electoral violence include the destruction of property, reversed development, injuries, rape, death, internally displaced persons and refugees. Electoral violence persists despite attempts to contain it and measures to effectively manage these processes often prove to be inadequate. The study utilises an exploratory case study of Kenya during 2007-2008 Post-Election violence. The causes, the immediate steps that were initiated to mitigate violence and the reforms undertaken to generate peace structures and prevent future occurrences of post-election violence were explored. Forty-five participants representing involved citizens, negotiators and mediators were interviewed. The research was triangulated via the interview process, together with the use of primary document analysis and an extensive review of the literature. The data was analysed via the use of grounded theory. The research findings reveal that the causes of electoral violence are multi-faceted and multi-layered, with deep underlying issues. The causes include weak institutions, corruption, a non-representational electoral system, ethnicity and ethnic militia. Further causes include statelessness as experienced by certain groups, abuse of state resources and human rights violations. The role of political elites who withhold crucial information, thus denying the public the opportunity to make informed choices during elections was also found to contribute to electoral violence. Other information-related causes include biased media and sensational reporting. Findings also show that socio-economic issues such as poverty, unemployment, scarce resources and unmet basic human needs cannot be underestimated. Lastly, the causes of electoral violence included diverse interests of internal and external actors at play during elections. The findings revealed that although the Kenyan mediation process included the signing of a peace agreement, the root causes of electoral violence such as corruption, weak institutions, abuse of state resources and the unjust electoral system were not adequately addressed. A model for mediation for electoral violence which was explored and developed sought to build on the strengths of the Kenyan mediation process and address its inherent weaknesses, thus making this a significant contribution flowing from the study. The election model for mediation proposes certain key phases which include a pre-mediation process that will ensure a cessation of all hostilities; the mapping of the root causes of electoral violence and electoral reforms that provide resolutions that are acceptable to all the parties. Training of personnel at all levels of government to implement these reforms is also proposed. These measures can ensure the integrity and independence of electoral institutions from political manipulation. Training constitutes a crucial stage in the process of consolidating the emerging democracies. The model for mediation developed is therefore not only meant to mitigate electoral violence but is also intended to serve as a preventive measure. Many African states currently experience structural weaknesses similar to those that existed in Kenya before the 2007-2008 elections (and still persist). These fault lines include corruption, weak institutions, human rights violations, and lack of information. The proposed model for mediation which aims to counter these problems can thus be applied and adapted for implementation in Africa and globally. Several recommendations with implications for policy development are proposed to curb electoral violence. They include constitutional reforms, training of government and electoral officials and the introduction of a properly representational election system. This study, which focuses specifically on post-election violence, recommends further research investigating the pre-election phase, and ‘voting day’ causes of electoral violence for a more comprehensive approach to electoral violence research.

Identiferoai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nmmu/vital:27138
Date January 2016
CreatorsOndigo, Anne Achieng Oyier
PublisherNelson Mandela Metropolitan University, Faculty of Arts
Source SetsSouth African National ETD Portal
LanguageEnglish
Detected LanguageEnglish
TypeThesis, Doctoral, PhD
Formatxxiii, 366 leaves, pdf
RightsNelson Mandela Metropolitan University

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