The Strengthening Community Mediation Capacity for Peaceful and Harmonious Society ( COMCAP) Volume 1,Year 1 May 2011

Transcription

1 The Strengthening Community Mediation Capacity for Peaceful and Harmonious Society ( COMCAP) Volume 1,Year 1 May 2011 Inside this Volume Remark: Mr Som Lal Subedi : Joint Secretary, Ministry Mr Ganesh Gyawali: Local Development Officer, Sindhuli Mr Rajendra Dev Pandey: Local development Officer, Mahottari Articles and Experience Process of Project Implementation Joint Coordination Committee Community Mediation Program and Social Justice Basic Training of Community Mediation My Experience ( By Dilli Pd Poudel) Characteristic of Mediators Project Activities Poem from Mediators The Strengthening Community Mediation Capacity for Peaceful and Harmonious Society Kathmandu Karmachhari Sanchaya Kosh Building Phone, Fax Mahottari: Local Development Office, Mahottari Phone : Sindhuli: Local Development Office, Sindhuli Phone : Remarks Mr Som Lal Subedi Joint Secretary Ministry of Local Development It is today's need to minimize inequality and conflicts which are still prevailing in the Nepalese society due to various reasons. In this modern world mediation is the best and sustainable tool to resolve petite types of disputes which arises in our community. Through mediation disputants can salt away their time, resource and money. To protect and promote the social Justice in the society Ministry of Local Development has introduced The Strengthening Community Mediation Capacity for Peaceful and Harmonious Society (COMCAP) Project in two districts Sindhuli and Mahottari. The prospect of the program is to strengthening peace and harmony in the society and to provide mediation service especially to women, Dalit, indigenous and marginalized groups of that area. To fulfill this objective and promote access to justice at Community Level Nepal Government, Ministry of Local Development started this program in four pilot VDCs of Sindhuli and Mahottari districts (Two in sindhuli and Two In Mahottari) with the technical support of

2 Government of Japan under the Office of Local Development. I am hopeful that this program will helpful to strengthen Democracy and Rule of Law, develop people's positive perception toward justice and provide speedy and accessible Justice to the people at the community Level. I wish all the best for the success of the program and hope this program will be extended in other districts too. Remarks Mr. Ganesh Gyawali Local Development Officer, Sindhuli I have felt my duty to obligate on behalf of District Development Committee Sindhuli to Japan International Cooperation Agency (JICA) for involvement in Sindhuli since last three decades and providing special support here in infrastructure development and agriculture production. In sharing about Junar Cultivation; gained identity of Sindhuli and economic back-bone of farmers of this area is a result of selfless support of helpful Japanese friends, automatically emerge feeling of devotion. After completion of under-construction Banepa-Sindhuli-Bardibas road (BP Highway) and motorable Community Bridges (currently 17) constructing in different parts of the district, the transportation network will gain remarkable progress, which is the result of Japanese Government's grant aid. It is matter of glory that Strengthening Community Mediation Capacity for Peaceful and Harmonious Society Project (COMCAP) is started in this district in technical cooperation from Japan Government and in collaboration with District Development Committee and Village Development Committees. The condition may be small disputes in rural area convert into revenge. Similarly in community, some small disappointments may gain violent shape due to misunderstanding and disagreement and may causes economic loss of both parties and sometimes even chance of causing physical loss. It is expected that this Community Mediation Project will support in minimizing these disharmony. Declared to implement gradually in 20 VDCs, now this project is started implementation in Purano Jhagajholi and Ratanchura VDCs as piloting. I feel, the Training delivered to the mediators selected by communities of the VDCs from every wards and groups and the encouraging commitment seen on the mediators has indicated the bright future. Wishes for the project Bulletin containing the main theme of the project and publishing the progress gained to date which will be readable and imitative to all and aspect this publication will gain regularity. Joint Coordination Committee JICA Nepal Office Ministry of Local Development JICA Project Team District Coordination Committee (Sindhuli) District Administration Office District Police Local Peace Committee Remarks: District Development Committee Village Development Committee Mr Rajendra Dev Pandey Ministry of Law and Justice JICA Project Team (Field Office) District Development Committee Village Development Committee Local Development Officer Mahottari, Ministry of Peace & Reconstruction District Coordination Committee (Mahottari) First of all on Behalf of Local Development Office Mahottari I would like to thank JICA Nepal for its Technical Support District Administration Office District Police Local Peace Committee

3 provided to conduct The Strengthening Community Mediation Capacity for Peaceful and Harmonious Society project in Mahottari District. Mahottari district is prominent for its diverse culture and therefore it is not so far from the small disputes. In this context in order to resolve disputes at the respective community and maintain mutual understanding between the parties and to bring Peace and harmony in the society this project is started at Gauribaas and Mahottari VDCs of Mahottari district as a pilot project. The project completed the selection of mediators, the basic mediation training and establishment of Mediation service central at the pilot VDCs. I hope Basic Community Mediation Training: My Perspective Dilli Prasad Paudel District Project Officer, Sindhuli Basic Community Mediation Training has recently been completed for the Community Mediators of four VDCs, selected in first lot under Strengthening Community Mediation Capacity for Peaceful and Harmonious Society Project (COMCAP) in Sindhuli and Mahottari districts. To conduct eight-day residential training to the participants of each VDC was a challenging task. It was also challenging because 28 participants from each VDC were from different ethnicity, social groups, gender, age groups and with varying education status. Knowledge and skills on community mediation had to deliver to every participant. Similarly, Training had to conduct by the Community Mediation District Trainers (to whom, Project provided TOT) involved in different employment and occupations. The training started from Purano Jhagajholi VDC of Sindhuli in training hall of Leprosy Service Centre located in Lalgadh from 26 th January, Similarly, the trainings started from 4 th February for Ratanchura VDC of Sindhuli, from 13 th February for Gauribas and from 10 th February to Mahottari VDCs of Mahottari district. The training period proceeded interestingly due to participant's enthusiasm to learn new idea as well as trainers training skills and will to deliver their gained skills. According to training curriculum, interactions and exercises on theoretical concepts were carried out for first three days. The practical exercises on Community Mediation started from fourth day. During these exercises, every participant had to play their role of mediator and disputant to gain practical knowledge on dispute resolution, so everyone left their remaining hesitation and showed encouraging participation in the exercises. The feedbacks provided by District Trainers, Senior Trainers from IGD and COMCAP Staff after observing participants role play encouraged them and provided rooms for improvement. The unclear subject matters were discussed heavily and clarified one by one in the classes. So, the participants had to spend more time than the schedules but, there was no rashness to the participants. At the end of the training participants shared that the training seemed long but they felt it appropriate depending upon the learning matters. We, the training organizer felt glad for the determination even from some illiterate and hesitating participants. They shared that there would not be any problem for them in mediating disputes of their community people. The Basic Community Mediation Training for all four VDCs successfully completed on March 1, The credit for this success goes to concerned District Development Committees, Village Development

4 Committees, the participants, District and External Resource Persons, JICA Nepal, Support Organization IGD and all project staff who provided encouragement and efforts as far as possible. Community mediators have currently returned to their VDCs after completing Basic Community Mediation Training. Community Mediation Centers are also established in these VDCs. Now it is to see, how result will be achieved to deliver the community disputes to the Community Mediation Centers and in handling dispute resolution task. If the learning and pertinent problems of dispute resolution would be collected, the future trainings would be revised and delivered in more effective way. Process of Implementation of the Project As per the request of the Nepal Government, Ministry of Local Development, JICA Nepal has been providing technical support to The Strengthening Community Mediation Capacity for Peaceful and Harmonious Society project in some VDCs of Mahottari and Sindhuli district. Time duration of the program is 39 month since 2010 January to September The main objective of the program is to establish peace and harmony in the society and provide social justice to the community people especially to the marginalized and poor. Project has one 9 members Joint Coordination Committee under the coordination of Joint Secretary of Ministry of Local Development at Central Level and District Coordination Committee under the coordination of Local Development Officer at both project Districts. Central level committee specially focuses on the policy and strategy of the project and district Level committee focus on the monitoring and implementation of the project activities. To conduct the program smoothly at central level there is a one central level office and two district office at district level. To make program successful and sustainable, the project from its initial period has involved Ministry of Local Development, Ministry of Law and Justice, Ministry of Peace and Reconstruction, District Development Committee, District Administration Office, Local Peace Committee and respective VDCs. Their involvement is in making plan, policy, monitoring and evaluation of the project. This will not only help to sustain the program but also help to expand the program at others VDCs as well. The Characteristic of the Mediators Radheshyam Tharu District Program Officer, Mahottari Mediators are required in every community to resolve the small disputes which arise in the Community.Who not only play a role of facilitator but also harness peace and harmonious society. Mediation is a distinguished and voluntary work therefore mediator should be a prominent and respective person of the society. Scandalous and people with bad image could not be a mediator. Therefore to be a mediator one should be have following character; Impartial Honest Positive thought Treat equally Respect others Maintain confidence Community Mediation and Social Justice Kabita Pandey,Project Officer Our Society is composed by different culture, religion, language and practice.

5 Due to this people have different perception and opinion which generates conflict. There is no society which has not experienced conflict. In past we had a different traditional method such as Pancha, Mukhiya, Samaj etc in Local level to solve disputes and make a good relation among people. However, in that system of dispute resolution one party defeated and another succeeded so the defeated party always felt demoralized in front of second parity and they had hard time to build harmony among their family. In traditional system of dispute resolution decision was imposed to the conflicting parties. Now these day Community mediation practice is getting popularity as an alternative disputes resolution tools to resolve petite disputes in the community. Mediation is a tool where selected mediators by disputant parties play a role of facilitator and help disputant parties to resolve disputes as per their own interest. Peace and development is interrelated. Peace without development and development without peace is not possible. We are trying to maintain rule of law and democracy in the phase of development. In this stage we have to bring to an end of disputes rather than avoid them. In order to build up a peaceful society we have to adopt mediation Concept in positive way. After the political change of 1990, mediation approach was introduced institutionally and legally under the Local self Governance Act 1999 and legal power to resolve the small disputes was delegated to VDC and municipality. There is a Mediation Committee Under this Act where reputed and renowned person would be the member of the Committee. However government has not enforced this section of the Act till now so this is not practically implemented. Due to this with the support of international organization as a new approach Community Mediation program is introduced in few districts to resolve petite disputes at the Community level. Due to its Speedy and inexpensive nature it s has gained popularity in the society within a short period of time. Community Mediation is especially providing Social Justice to Women, Dalit and Marginalized people who do not have access to justice. Apart from this due to its speedy process and economical nature poor people is getting benefit from this program. Realizing the problem of formal justice system and to make a peaceful and harmonious society Nepal Government, Ministry of Local Development with the technical support of JICA Nepal has started The Strengthening Community Mediation Capacity for Peaceful and Harmonious Society project in Sindhuli and Mahottari districts. Recently project provided Basic mediation training to selected 2/2 VDCs of Mahotari and Sindhuli districts. Where most of the selected mediators were local youth, representative from, Janajati, Medeshi,dalit community, retired government officer, and social workers. The main feature of the program is to find out the real cause of the disputes and facilitate disputing parties to come into mutual understanding and create a winwin situation between two disputant parties. Thus, in this method of dispute resolution disputant's feel of having justice and this also leads to create a peaceful and harmonious society.

6 Activities of the Project Activities Brief of the project B Time Duration Outcome Base Line Survey To know about the disputes status and its resolving June 2010 Obtained information on deputes process at VDCs Level of Sindhuli and Mahottari and its resolving process District and Central Level Orientation Conducted one day orientation program with district and central level stakeholder April, May, June 2010 Introduced Project to the concern Stakeholders District Level TOT Conducted district level TOT for 18 district trainer.( 8 3rd August to 12th Trained 18 district level trainer person from Mahottari and 10 porsion from Sindhuli) August 2010 Meeting of Central and District level Analysis of the Project Activities Familiarized stockholder about the project activities Third Country Visit 9 members ( 4 from Ministry of Local development, 1 from Ministry of Law and Justice 2 from Respective District, 1 from JICA and 1 from Project) visited Indonesia to observed the mediation process and practice using by the country. 1st September to 8th September 2010 Learned each other's experience and practice Observation Tour VDCs secretary along with District trainer had visited Tanahu district to observe the Mediation Practice. 14th September to 17th September 2010 Learned about the Mediation activities of the Tanahu District VDC Level Orientation and Selection of Mediator. Orientation com Preparation training Basic Training for Mediators Social Marketing of Mediation program Briefed about the selection criteria of mediators and process of mediation service To provide Basic training for mediator project had conducted 1 day Orientation com Preparation training for District trainer Conducted 8 days Basic Mediation training to the selected mediator To give a skill and knowledge of the mediation. Organized Street drama at Sindhulimadhi in Sindhuli and Jaleshwor and Gauribaas in Mahattari district October 2010 to January rd January to 25th January th January to 1st March February April 2011 Selected 108 mediators 27 from each four pilot VDCs Oriented 15 districts trainers of Sindhuli and Mahottari districts Trained 104 mediators Informed Community people about the Mediation program

7 Three months upcoming activities of Project; VDC Orientation Program and Selection of New 3/3 VDCs :- To provide information about the selection process and criteria, project will organize one day VDC level orientation program at selected new VDCs. Selection Of Mediators :- Under the selection criteria of mediators Project will select 27 mediators (3 mediators from each 9 wards) from each VDC. Revised of Basic Mediation training manual and work Book :- Based on the feedback from the Basic Mediation Training, Project will revise Basic Mediation Manual and Work Book of Mediators. Through this training they became able to learn skill and process of mediation which will be useful to bring not only peace and harmony in the society but also help to resolve community level disputes at their respective VDC. Mr. Bharat Bd Lopchan Mediator from Purano jhagajholi has also written a poem on mediation. The main theme of the poem is mediation and its usefulness at the community level. In his poem he said that as being a mediator I would like to send this massage to all over the country that mediation is the service which not only help to bring peace and friendly environment at the community but also help poor and marginalized who does not have any access to justice. For giving us such training I would like to convey our thanks to the project which help to open our eyes toward Justice. Monitoring and Evaluation of Mediation Central :- Project will do regular monitoring and evaluation of pilot Mediation Center to see its effectiveness and registration process of the mediation. Mediation Poem and song Late Ms sita Thapa from Purano jhagajholi VDC enthuse by Basic mediation training and wrote a mediation song. In her song she gave thanks to JICA Nepal COMCAP project and resource person for conducting such training for them.

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