New Tactics Logo Blue
Tactics
Creating Alternative Mechanisms of Dispute Resolution to Prevent the Involvement of the Police

Torture is used in many countries as a so-called “interrogation tool”. This practice in police stations creates torture victims. Torture forces people to confess to crimes they did not commit. As an alternative to the criminal justice system, the Centre for Victims of Torture (CVICT) in Nepal created a community mediation process. This process keeps some people from being needlessly arrested. It avoids people going to police stations, where 60 percent of prisoners are tortured into giving confessions. CVICT conducted research on what types of disputes were occurring. CVICT developed a training course for com­munity leaders, including women and Dalits (of the untouchable caste). The course focuses on settling disputes with a rights-based community mediation method. Community mediation is available for disputes other than violent crimes. It is available to everyone, regardless of age, sex, class or social caste. The mediation process reduces the number of arrests. In the first year, two-thirds of cases were resolved through mediation. While one-third went to the police and the courts. CVICT’s community mediation project has been able to resolve a large number of local disputes. It has created awareness about human rights. And has reduced conflict within families and between neighbors.

Recruiting & Training Mediators

To recruit trainers, CVICT held mass meetings in each community. They asked for nominations. The trainers were then trained in:

  • human rights
  • local laws, and
  • methods of handling disputes.

Many who were already involved in mediating disputes could build on their existing skills. These trainers then trained others at the local level. These people make up committees that mediate disputes at the local level. Each committee is made up of at least 30 percent women. Each committee has at least one representative from the community’s ethnic minorities.

Community Mediation Process

The steps and rules in the mediation process are very clear. It begins with a request for mediation. It involves self-represen­tation for both parties. During the mediation session, five to nine trained mediators place themselves between the parties of the dispute. They can also bring others to support them. The mediation committee explains the structure of the mediation process. The parties and their supporters each state their case. The mediators involve the parties in a discussion of possible options for agreement. In general, the solutions emerge this way, from the parties in conflict and the community. It is important that mediators are also empowered to decide that further investigation or legal action is necessary. The mediator can decide to file a case on behalf of one of the parties. This has resulted in the wealthy being willing to engage in the process.

Impacts

The tactic fosters leadership roles among women and increases their access to justice. In the three districts that have implemented it, the mediation system is improving access to justice. It is impacting the dynam­ics of power. CVICT began its work with “Human Rights and Mediation Committees (HRMCs) in 2001. The tactic was then adapted for the creation of Women Peace Committees (WPCs) run by women. These enable women to raise issues they feel uncomfortable sharing in mixed company.

In the three districts, there are 90 HRMCs and 90 WPCS at the Village Development Committee level. There are 810 HRMCs at the ward level. Out of 1,273 disputes, 964 were successfully settled by WPCs. Also, legal aid was provided to 24 women to pursue 28 cases in the formal court system. From 2001 – 2006, both committee types settled 3,107 cases out of a total of 3,939 community level disputes.

Sustainability

More evidence of the success of the HMRCs and WPCs has been the allocation of annual funds by the government’s Village Development Committees. This provides vital sustainability funding. Positive responses have also come from the police and requests from other Village Development Committees to institute the program. CVICT plans to expand the project to twelve districts. This would mean one-third of the country’s population will have access to it.

Community mediation is an effective way of preventing torture. The human rights framework empowers communities to know, understand and exercise their rights. Community mediation has address many situations of discrimination. Issues that involve class (poor in relation to the wealthy), gender (women in relation to men), and other situations of discrimination (race, caste, etc). The community mediation process has opened leadership opportunities for women and minorities. They serve as mediators and recognized for their leadership.

For more information on this tactic, read our in-depth case study.

What we can learn from this Tactic:

This tactic arises from the idea to keep people out of police stations by mediating conflicts outside of the court system. This removes the danger of torture by keeping people out of police stations. This tactic can be helpful in many countries where police stations use torture as an "interrogation tool". Removing such opportunities through community mediation is an effective way of preventing torture. This tactic also has other significant benefits. It provides an opportunity to bring and resolve complaints within a structure of community support. The tactic uses a human rights framework. This can provide a powerful mechanism for communities to know, understand and exercise their rights. This is important in situations of long-standing discrimination (gender, race, caste, class, etc). The tactic provides opportunities to expand leadership roles. This is important in communities where minorities and women have experienced discrimination.
New Tactics in Human Rights does not advocate for or endorse specific tactics, policies or issues.

Related Tactics