Yemen

The island of Socotra is the largest island of the Socotra archipelago, a UNESCO world heritage site which is part of Yemen (Quentin Müller 2021). Within the Socotran population open conflicts are negatively perceived and are traditionally resolved through tribal mediation (Quentin Müller 2021, Carnegie Endownment for International Peace 2012). The island’s districts and sub-districts are run by muqaddams (an arabic word for a leader or person of authority), with each village being overseen by a muqaddam who served as a conflict mediator (Serge D. Elie 2009).This traditional use of mediation goes back to the 1900’s administration organization of the island which differed from mainland Yemen (Serge D.Elie 2009).

Yemen

Tribal Customary Law is still dominant in mainland Yemen even though a more formal court system is available. However, tribal mediation and arbitration are recognized as legitimate dispute resolution mechanisms recognized by the Yemeni government. Yemeni tribes are known to institute a social order through tribal law, outside the formal system. Their presence helps secure stability amidst corruption and weak state institutions. Within Yemeni tribes, there is no hierarchy, only prominent figures referred as sheikhs who gain their titles by providing conflict resolution services to their communities.

Tribal mediation and its characteristics

Tribal traditions rest on communication transparency, accountability, solidarity, collective responsibility, protection of public interests and the weak, prioritizing community interests over those of the individual, empathy and more importantly forgiveness. In practice, tribal mediation aims at facilitating a safe space where negotiations and deliberations can take place. Confessions or apologies are positively seen in the process as they help parties release negative feelings and emotions. Parties must also find solutions that fits both their interests and the communities’ interests.

Tribal Mediators

Tribal mediators always try to intervene and mediate at the early-stage of the conflict, before it escalates. However, in case the conflict does escalate, tribal mediators use special mechanisms, for instance mediators can get the parties to agree on a short cease-fire. Tribal mediators also rely on a strong enforcement mechanism. Parties need to bring guarantees to the mediators, for instance, to prove their commitment to the implementation of the mediator’s verdict, parties need to present them money, daggers, guns etc. Parties also need the support of a prominent tribal figure within their community who serves as a guarantor. If one of the parties commit an offense to the conflict, the wrongdoer will face a high penalty and his offense will result in an insult towards the mediator and the guarantor. Tribes hold their members accountable by forcing them to implement verdicts, noncompliance would result in a denial of the tribe member’s rights as well as protection and support of his tribe.