Abstract
This study initiates a positive step to describe Alternative Dispute Resolution and the relationship of NGO with it. The Working Paper addresses the definition and application of Alternative Dispute Resolution as well as the role of NGOs to maintain ADR system. Some legal framework on NGO’s prospects and problems in ADR are described the issues effectively. Different aspect of rules and relation with the legislation are also covered from different Acts. Moreover after finding all these necessary information I have presented all relevant data about NGO & ADR along with different case study in this paper. Hopefully, the proper analysis and description of that specific topic will be helpful for general people of a country as well as for the bureaucratic society.
Table of Contents
Introduction ……………………………………………………………………………………………………………….. 1
Alternative Dispute Resolution(ADR) ………………………………………………………………………. 2
Non-Governmental Organization(NGO) ………………………………………………………………… 2
The Role of NGOs in alternative dispute resolution ………………………………………………. 3
History of ADR in Bangladesh and the relationship of NGO ……………………………….. 4
Some facts regarding role of NGOs in ADR system ……………………………………………….. 7
Problems of NGOs for solving the disputes …………………………………………………………….. 7
Prospects of NGO to maintain ADR system (case study) ………………………………………. 9
Prospect of NGOs in Alternative Dispute Resolutions ………………………………………….. 11
Conclusion and Recommendation …………………………………………………………………………. 12
Bibliography …………………………………………………………………………………………………………….. 13
Introduction:
Over the years there has been a tremendous increase in the number of NGOs, so also the variety of their activities and their geographical spread. Because most of the NGOs are involved in works relating to development, relief and advocacy, which are of direct and visible benefit to the people, they have achieved a high degree of goodwill. In addition, many of the NGOs have skilled personnel who can intervene in dispute situations creatively in order to bring resolution. This fact has been recognized by the United Nations as well as international funding agencies like the World Bank, who now bank upon the resources of NGOs for alternative dispute resolution, particularly in areas like early warning, third party intervention, reconciliation and peace building.[1]. In continuation of the General Assembly resolution, the NGOs and Institutional Relations Section was established within DPI to provide information and other liaison services to the growing number of NGOs accredited to the United Nations. In 1968, the UN Economic and Social Council (ECOSOC) formalized its consultative relationship with NGOs[2]. Now NGOs have become key partners in development assistance especially to less developed countries from international agencies like the UN, the European Union and the World Bank. Boutros Boutros-Ghali, former Secretary General of the UN affirmed that NGOs “are an indispensable part of the legitimacy without which no international activity can be meaningful.”[3].
Alternative Dispute Resolution(ADR):
Alternative Dispute Resolution refers to the means of settling disputes without going through legal procedures. Through ADR, disputes can be settled in formal and informal ways. For the discussion, we will emphasize the role of the NGO in ADR initiatives[4]. Bangladesh has an age-old tradition through which disputes are resolved amicably. Though informal and not institutionalized, the rural mediation system is respected by community members and disputants typically accept its rulings. Normally, government authority does not challenge the legitimacy of this system. The Reference Material in Sessions Two and Three examine these traditional processes in greater detail. ADR is used for both serious and minor disputes and employs methods ranging from formal to informal, depending on the situation. ADR programs have emerged as an alternative, litigation-free method of resolving disputes.[5]
Non Governmental Organization: (NGO)
The term NGO is fairly broad and ambiguous. It covers a wide range of organizations within civil society, from political action groups to support clubs[6]. Its basically the Non-Governmental Organizations, for instance, refers to a “formal organization falling outside the realm of government but which at the same time, is neither a formal business enterprise pursuing conventional commercial and trade interests nor a political party.” [7]Whatever form they take, NGOs are important developmental partners, as they tend to “promote the material, social or political interests of their own members.” These interests may range from equity, educational, health, and human rights to wider socioeconomic and political interests.[8] As if to emphasize this, the National Policy on Non-Governmental Organizations states that “an NGO is understood to be an apolitical legally formed autonomous organization that possesses non-profit status, and whose primary motivations is to pursue an identifiable set of interest of public, community and/or group significance as defined in its constitution and/or Deed of Trust.”
The Role of NGOs in alternative dispute resolution:
NGOs constitute an essential part of civil society[9] and they have the potential to play key roles in dispute resolution and restoring civil society. NGOs involvement in conflict resolution introduces a citizen element into it. NGOs can support to form well-knit local infrastructures or peace constituencies[10] comprising of people from different sectors of civil society whose aim is to attain sustainable peace and whose activities are based on long term commitment. NGOs should invest more resources for capacity building activities at different levels. It involves the training of own staff, identifying indigenous partners, local leaders and so on. NGOs can also act as mediators to bring consensus among different conflicting groups with the help of local peace constituencies.
Pamela Aall[11] suggests a number of roles that NGOs can play in the peace making process. NGOs should pursue their traditional relief and rehabilitation activities with a long-term perspective. “The initial emergency relief response should be linked to a set of activities that leads to the transformation of those conflicts in a way that promotes sustained and comprehensive reconciliation among the warring parties” 14. All cautions us against the dangers of using external resources in relief and rehabilitation activities. Excessive use of external resources can foster dependence and passivity. It can also become a new object of contention, inadvertently fueling the conflict. NGOs should mobilize local resources which empower the people and enroll new participants into their activities, especially women who have often been kept passive in the peace process. NGOs should continue to monitor human rights abuses. They should undertake new task of providing early warning of potentially violent conflicts and should pursue conflict resolution activities. Aall warns that these roles must be kept separate both for the safety of NGO workers, and in order to be effective15.
History of ADR in Bangladesh and the relationship of NGO:
To reduce the burden on the courts, alternative dispute resolution, known in Bangladesh for long for its efficacy, could be useful. The Panchayat system, introduced in 1870 to locally resolve minor revenue disputes, took off the burden on the court. Only major disputes went to the courts. [12]Union Courts were set up to resolve disputes locally. Subsequently, the Bengal government led by Prime Minister Sher-e-Bangla AK Fazlul Haque established the Rin Shalishi Board (Debt Settlement Board) free the peasants from the oppressive moneylenders locally known as ‘mahazons’. [13]The landmark Family Court Ordinance of 1961 authorised the Chairmen of Union Parishads to try and settle local petty cases and small crimes on consensual decision. The local bodies were strengthened in 1985 with additional power to settle matters related to the rights of women and children. The village court consists of UP chairman, members and representatives from concerned parties. Under the Village Court Act of 1976, the Gram Sarker (village government) could try disputes over property valued not exceeding Tk. 5,000. The Union Parishad, the first local government tier in Bangladesh, has a mandate to settle small local disputes through ‘Shalish’ (arbitrator). The system involves the village elite in dispute resolution. The decision is binding upon the parties.
Due to political influence, sometimes, biased decisions are taken. Many non-government organizations (NGOs) are, nowadays, involved in mediation between disputants. But, still, the rural people are not acquainted with the alternative dispute resolution system.
[14]There is also a provision of mediation meeting under the chairmanship of judge of Financial Loan Court). But the provision is flawed as banker or lender alone has the option to accept or reject a decision.
The Bangladesh Council of Arbitration (BCA), introduced by the Federation of Bangladesh Chambers of Commerce and Industry (FBCCI) for the resolution of commercial disputes through simple, harmonious, in-expensive and speedy process of arbitration has been providing a useful service to the business community to amicably settle disputes. For the settlement of international commercial disputes, the International Chamber of Commerce (ICC), Bangladesh has established the Bangladesh International Arbitration Centre jointly with the Metropolitan Chamber of Commerce & Industry (MCCI), Dhaka.
It is in this context, that several NGOs, such as BRAC, Ain O Salish Kendra (ASK), Bangladesh National Women Lawyers’ Association (BNWLA), Madaripur Legal Aid Association (MLAA), Banchte Sheka 2 etc., began to provide community legal aid especially to women. As these are proving not sufficient to mitigate the problem, then is the need to make a law to facilitate more effective alternative dispute resolution.
It would enable people avoid expensive, lengthy and complete legal procedure, which more often stimulates conflicts for generations. [15]Alternative dispute resolution is possible through community initiative as well as legal procedures. Societies across the world have long used non-judicial, indigenous methods to resolve disputes.
In Bangladesh, these are popularly known as ‘Shalish’ and ‘Mimangsha’ (settlement and reconciliation). The NGO workers and the community leader, with local knowledge go into the root causes of a dispute in the presence of the two parties, hear the viewpoints of disputants, and try to find a solution acceptable to both. Such dispute resolution through community initiative is commonly known as alternative dispute resolution.
Initiatives are needed to create awareness about ADR. NGOs could be involved in ADR to resolve disputes of rural women. There may be partnership between government and NGOs for the purpose. The Bar Associations should be involved in other cases where they can play a useful role. Lawyers in developed countries take mediation professionally to settle disputes. The moderators and others involved in ADR should have proper training on law, rule and the practices.
Some facts regarding role of NGOs in ADR system:
To work effectively in a conflict situation, NGOs should preserve their own identities and neutrality, and should appear to be impartial. Unofficial status of NGOs provides more access to conflicting parties, which helps in the process of negotiation. The long-term commitment of NGOs is a crucial factor in establishing trust among the people and to attend to the goal of long lasting peace. Pamela Aall prescribes four conditions for NGOs more directly engaging in dispute resolution activities: (1) the NGO must be very familiar with the country, issues, and participants in the conflict (2) the NGO should have indigenous partners (3) NGO staff must be well grounded in conflict resolution skills and knowledge and (4) NGO workers must understand and accept the personal risk they run in attempting to intervene directly in the conflict[16].
Problems of NGOs for solving the disputes:
NGOs have success stories of resolving disputes through ADR. Many people who have experience with ADR become committed to expanding the process to resolve other disputes. Others are also pleased to resolve disputes without leaving their communities. However, people frequently recourse to legal procedures due to the following: