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  • Author: Nadwa Al-Dawsari, Erica Gaston
  • Publication Date: 04-2014
  • Content Type: Working Paper
  • Institution: United States Institute of Peace
  • Abstract: Yemen has long had a vibrant tradition of community-based dispute resolution, particularly tribal dispute resolution, which has become even more dominant in the transition period that followed the 2011 Arab Spring protests. As the Yemeni state has struggled to regain political equilibrium, rule of law has deteriorated and criminality and armed conflict have increased. State institutions have weakened and now struggle to meet citizens' demands. In response, citizens increasingly turn to traditional or community-based dispute resolution for their justice needs. In addition to long-standing actors or mechanisms, a number of new dispute resolution actors have emerged. Some areas have seen a retribalization, while in others, armed actors dominate. Although alternative dispute resolution actors have been an important gap-filler during this time, they have also found their authority challenged. The political uncertainty and the rise in lawlessness have simultaneously weakened both formal and informal actors' ability to resolve disputes sustainably and to prevent conflict. The result has been more limited options for peaceful dispute resolution overall, which feeds instability and has the potential to exacerbate broader conflict dynamics and weaknesses in the rule of law. Strengthening the options for lower level dispute resolution and conflict prevention are critical to restoring stability. Because of the centrality of these community-based justice mechanisms in Yemen, efforts to strengthen rule of law must take a more holistic view of justice provision to include these mechanisms and practices. Program interventions should not preference or target one system over the other but instead take an integrated approach and consider the significant role that alternative dispute resolution plays. Critical elements include supporting greater understanding of and dialogue with dispute resolution actors, incorporating alternative dispute resolution into the justice sector strategy, and focusing on reforms and adaptions on both sides.
  • Topic: Reform
  • Political Geography: Middle East, Yemen, Arabia