Nonviolent tribal reconciliation in Palestine

<*> The Palestinian people have been the most in need of such an inter-Palestinian custom of conflict resolution because they had witnessed great suffering and repression under the rules and laws of the Turkish, British and Israeli occupations. These forces showed little concern for resolving the inter-Palestinian conflict, and the Palestinian tribal elders and notable families became the means for resolving conflicts.

From this concept and understanding, many committed tribal reconciliators (Al-Muslihun Al-Ashaeriun) flourished in Palestine. These reconciliators possessed great courage in always speaking the truth and possessed a great ability in enforcing the resolutions reached through nonviolent means.

The strength and influence of the tribal reconciliator is derived from the respect that people hold for their personality and reputation, for their refusal to yield to the many financial temptations available, and for their high moral standard. The reconciliator also posses great communication skills and an ability to convince the disputing parties to come together and reach an understanding.

There are certain codes followed by all tribal reconciliators:

• The reconciliator works without a financial reward. This is always the case no matter how great the dispute is or how long it might take to resolve.
• The reconciliator always provides an atmosphere that deters the disputing parties from returning to the violent methods of conflict resolution (an eye for an eye and a tooth for a tooth).
• The reconciliator spends a great effort in reestablishing a relationship previously based on respect and harmony.

>>> The process

To begin with, the disputing parties must agree verbally or in writing to accept the resolutions and judgments which are provided through the reconciliation process. At this stage they also make commitments to respect the reconciliator and not to violate him or the process he is introducing. This agreement is known as Sak Tahkeem.

The violated party is usually asked for a three-day "ceasefire" period after the dispute arises in which they agree not to conduct any revenge acts against the violating party.

This is necessary as a means to allow the reconciliator to plant the seeds of the process, and to introduce the parties to the benefits of resolving the conflict through ideas instead of through violence. Nonviolence teaches patience and good judgment.

>>> Preventing escalation

In the early stages, the reconciliator usually aims to establish the process known as Al-Hudneh, in which a ceasefire is established and parties who committed the harm are asked to confess their fault in a manner known as Ikrar wa I'tiraf. This phase is an attempt to quicken the process and prevent it from escalation.

If a sense of confusion remains, a process known as Kum wa Lum is established where the disputants and all their families are gathered, but the party at fault is usually represented by a person (known as Lisan Hal) who speaks on behalf of them. It is the responsibility of this representative to communicate the position of the party they are representing to the reconciliator and all those present.

The reconciliator is referred to as the Raie Al-Beit, "Shepherd of the House", in this stage. It is accepted that after all have spoken, the reconcilator would determine the party at fault and the compensation to be made. It is expected that the disputant parties would not leave the house without a sense of forgiveness and reconciliation.

>>> If both parties are harmed

In the case in which both parties had been harmed by the conflict, the disputed parties go through an investigation process known as Kuss wa Buss in which three experts are chosen who have the knowledge and ability to work under strict time constraints. Their experience is in determining the amount of damage done to the physical, mental, and financial properties of the disputants.

After the investigation is complete and the recommendation is made, the disputants make an agreement on the ransom and an admission of fault. This is then followed by the traditional presentation and acceptance of the ransom--this might include a festive meal, but more importantly the drinking of coffee.

A period is usually set before the reconciliation, depending on the degree of the damage. This allows the disputant parties to heal and to also become familiar with the process and develop a sense of trust. This period can last from one week to one year, and can even go longer than that.

In the case of a dispute between a Muslim and a Christian, the reconciliation process is often limited to a shorter time frame in order to prevent outside influences from taking advantage of the conflict. There have been many situations in which the occupation forces--Ottoman, British, or Israeli--have taken advantage of certain disputes between two groups from different religions to establish a sense of mistrust and insecurity.

>>> Weak parties and strong parties

A time constraint is also placed in disputes that exist between a weak party and a strong one. This is done in order to deter the family members of the stronger party from abusing the rights and properties of the weaker family. In these situations, the violator is asked to make financial compensation to the violated, and the violated has the choice to take the reward, return it, or to donate to one of the organisations for the needy, the poor, or prisoners and their families.

Even though a reconciliator is not paid for their work, the fees of the experts and other expenses are taken care of by the parties involved in the process. The violating party pays the compensation agreed upon, while the violated party vows not to conduct acts of revenge. The traditional meal, and more importantly the drinking of the coffee, indicates acceptance of the forms of resolution reached through the process.

>>> Time to heal

It is common to ask the violating party to leave the locality for a period of time. This is done in situations of intentional murder and to prevent an escalation of the conflict, as well as to protect the life of the murderer from revenge. A set ransom is declared and is made to the family of the victim. The family must take the ransom and has the freedom to keep it or donate it to charity organisation. The murderer is returned under the protection of a third party in order to receive forgiveness from the victimised family.

In the case of unintentional homicide, a ransom is made that is known to all. Some families refuse to take the ransom because of the belief that the dead member of the family is more dear to them than any financial compensation. This is followed by a show of forgiveness and acts of reconciliation between the two families.

Where an accident, such as a car crash, caused the death of a person, the insurance company takes the responsibility of providing the compensation, and the reconciliation process takes place one year after the accident. If there had been accidental injury only, the reconciliation process is conducted three months after the accident.

These periods of time are set for several reasons:

• In the case of a death, the one year period is used to determine whether or not proper compensation was made by the insurance companies.
• In the case of an injury, the three-month period is used to determine whether or not the healing was complete. A popular Palestinian proverb states that "doctoring is done after the work of the doctor is finished".

>>> False accusation

In the cases in which a person is accused falsely, they can seek refuge in the presence of a person who is known and respected in the community, and who has the capacity to protect the accused person from revenge acts. This person, known as the Dakhiel or Dakhiele (depending on gender) takes the responsibility for conducting an investigation which would result in the clearing up of the accused. The accused is protected in the house of the Dakhiel/e and any assault on the accused person is considered an assault on the Dakhiel/e.

If a victim demands a very large ransom, the second party agrees to make the ransom, but also asks for mercy (in the name of God, the prophets, the martyrs, the president or the king). This would result in the reduction of the ransom and make payments easier for the violating person and his family.

Again, no reconciliation or forgiveness can be completed without the drinking of the traditional coffee and the declaration of the dispute as concluded.

Nonviolent methods of reconciliation have been continuously used in Palestinian culture, both to deter conflicting parties from creating unending cycles of revenge, and to impel the parties towards harmony and cooperation. Tribal reconciliation was developed in Palestine--for the Palestinian community-- specifically because it was up to the Palestinians to resolve their conflicts in authoritative structures that did not provide the protection and services of courts and police forces. It is a method that has worked, because it is a method that calls for respect, honour, compensation, forgiveness, and most of all reconciliation.

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