Assignment 4

Assignment 4

by Ibe Kelechi Vera -
Number of replies: 0

Should human rights be dealt in Public via courts in order to promote structural changes, or should they be dealt with in private (behind closed doors) via ADR techniques in order to better answer the desires of the complainants? Explain your opinions.

I believe that the court and ADR techniques should be applied in the dealing with human rights issues. It may be difficult for me to say which one is better than the other. Which one to apply would depend largely on circumstances and issues. The main concern in each of these situations should be to ensure justice and peace. Litigation is necessary but it may not end a conflict. I believe it true that dispute settlement through the court does not necessarily result in the resolution of the conflict at the base. Also any settlement that does not ensure justice to the victim may not last.


Do you Think that racial or gender-based discrimination could be addressed effectively using ADR techniques such as conciliation or mediation? Why yes/no? Could you provide some examples from your own work? 

Racial and gender-related discrimination in most cases are often part of the systemic injustices of the status quo. Sometimes mediation and conciliation have not been useful in addressing these issues. It is obvious as the week's readings especially Turner and groupsuggest, the mainstream type of mediation or conciliation rather complicate the issues. Using Nigeria as example, these are the experiences of many from the minority ethnic groups in various times of ethnic-related conflicts. Representative from the minority have in many instances abandoned conciliation processes alleging been doubly marginalized by mediations defined, constructed and delivered by the dominant ethnic groups. Unless this is given due attention and mediators become humble, and skillful those victimized by these categories of oppressive systems would be slow to avail themselves of mediation opportunities.