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CONFLICT RESOLUTION. FEDERALISM AND ITS PRACTICE Bertus de Villiers Practitioners’ Round Table 11 March 2010 Addis Ababa. WHY FEDERALISM?. Balance unity and diversity Deepens democracy Develops leaders and leadership Local solutions for local problems Encourages experimentation

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CONFLICT RESOLUTION

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Conflict resolution l.jpg

CONFLICT RESOLUTION

FEDERALISM AND ITS PRACTICE

Bertus de Villiers

Practitioners’ Round Table

11 March 2010 Addis Ababa


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WHY FEDERALISM?

  • Balance unity and diversity

  • Deepens democracy

  • Develops leaders and leadership

  • Local solutions for local problems

  • Encourages experimentation

  • Especially useful in societies with heterogeneous population and large territory

  • Win-win outcomes

  • But … federalism not magic wand


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SIX ISSUES

  • Regional demarcation

  • Cross-border communities

  • Unity and diversity

  • Clarify powers

  • International powers of regions

  • Intergovernmental Relations


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REGIONAL DEMARCATION

  • South Africa

    • 10 criteria for demarcation

    • Review of boundaries from time to time

    • Referenda on changes to boundaries

    • 2010 - Reduce provinces?

  • India

    • States demarcated at independence

    • Review on basis of language

    • Sub-regional administration

    • Minority rights to those without a state

  • Nigeria

    • 3 – 36 states

    • Each new region new majority and new minority

    • Reward ethnic mobilisation


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CROSS-BORDER LOCAL COMMUNITIES

  • Australia

    • Informal joint local government

  • Germany

    • Contract with one joint service provider

  • Mexico

    • Delegation to one joint statutory authority

  • Brazil

    • Two authorities but formal joint decisions

  • South Africa

    • Act on cross-border services by one authority to entire community


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UNITY AND DIVERSITY

  • All federations – common citizenship, bill of rights, freedom of movement of people, capital, services and goods

  • Belgium

    • Regions and cultural councils

  • India

    • Language, education and script rights

  • Canada

    • Educational and language rights

  • South Africa

    • Recognition of 12 languages, right to mother-tongue education

    • Most provinces have two languages for communication


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CLARIFY POWERS – WHO LEGISLATES ON WHAT?

  • USA

    • Litigation – who does what

  • Germany

    • Concurrent powers – fine balance – if Federation covers the field then consultation with laender

  • Australia

    • Federal law overrides state law but financial control..

  • South Africa

    • Framework legislation with provinces to fill-in detail

    • Provinces generally “inactive” in legislative field


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INTERNATIONAL POWERS OF REGIONS

  • Canada/USA

    • Cross-border forums and joint decisions

    • Canada – binding treaties certain matters

  • Germany/Belgium/Luxembourg

    • Final decision-making powers at local level

    • Belgium – regions binding treaties

  • South Africa/Botswana/Mozambique

    • Informal liaison province with gov – MoU’s

    • Consultation with provinces if powers affected


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INTERGOVERNMENTAL RELATIONS

  • Australia

    • COAG and Fiscal Commission

  • Germany

    • Second House (Bundesrat)

    • Eg Education – policy, detail, implementation

  • USA

    • Previously had IGR Commission

  • South Africa

    • Special Act on IGR – heads of government, Ministers, Heads of Departments


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POSSIBLE FRAMEWORK FOR IGR

  • Culture of IGR – listen, share and learn

  • Ongoing – avert crisis management

  • Act on IGR – essential forums for example

    • Meeting of heads of government (annual)

    • Meeting of Ministers (quarterly)

    • Meeting of heads of Department (monthly)

  • Informal IGR – speakers forum, experts in departments, joint training and education

  • National pool of expertise to assist

  • National assessment of functioning of IGR

  • Integrate IGR and conflict resolution


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DYNAMICS IN FEDERATIONS

  • Survive crisis eg Nigeria (federal character); India (state of emergency); Malaysia (ethnic conflict); South Africa (apartheid); Germany (wars); Iraq (new democracy)

  • Civil society – takes a federal character, time

  • Multiple identities – no single identity eg religion, language, labour union, sports, race, pol party

  • Popular – choice of new democracies


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