1.1 Social Dispute & Conflict

Social Dispute and Conflict in Nepal

Dispute

A dispute is an interaction, debate, argument, or differing viewpoint arising in society due to socio-cultural, economic, political, psychological, or other diverse reasons.

Conflict

Conflict is the evolved or extreme form of a dispute. In the context of social affairs, it refers to discord, disagreements, resentments, dissatisfaction, non-cooperation, contradictions, disharmony, quarrels, anger, hatred, or animosity in society. Conflict arises when there is inequality in the distribution of power, authority, resources, and opportunities (PARO).

It occurs due to differences in ideas, needs, interests, values, beliefs, and perceptions between two or more individuals or groups. Dispute and conflict are not synonymous; conflict is broader. However, distinguishing where a dispute ends and conflict begins is challenging. Thus, we will examine both comprehensively.

"If You Can't Handle Conflict, You Can't Lead"

"Peace is not the absence of conflict, it is the ability to handle conflict by peaceful means" - Ronald Reagan (40th US President)

Causes of Social Dispute and Conflict

The causes of social disputes and conflicts can be outlined as follows:

1. Class Concept: Karl Marx's Social Conflict Theory posits that society consists of rich and poor classes, where the rich exploit the poor, leading to class struggle. Class division is seen as a primary cause of social conflict.
2. Distribution of Resources: Disputes arise over resource allocation, such as budget usage, creating divisions between groups, villages, or neighborhoods.
3. Discrimination: Discrimination based on caste, ethnicity, language, gender, or culture in access to public resources or opportunities can escalate into conflicts.
4. Social Violence: Violent acts in the name of customs, dowry, marriage, or caste differences contribute to social disputes and conflicts.
5. Diversities in Social Values: Conflicts emerge when different religions, cultures, or lifestyles are not respected, leading to extremism or intolerance.
6. Social Contribution: Disputes occur when individuals or groups fail to contribute, such as through labor or participation in social activities.

Causes can also be categorized as:

1. Psychological Causes: Differing thoughts, frustrations, fears, negative thinking, failures, restrictive family environments.
2. Socio-Cultural Causes: Prevailing values, traditions, religious extremism, ethnic/regional/religious/class discrimination, unequal participation.
3. Economic Causes: Poverty, low income, unemployment, lack of infrastructure, financial irregularities, corruption, unequal resource distribution.
4. Political Causes: Differing ideologies, political interests, power arrogance, lack of open political culture, resource misuse.

Stages of Conflict

Society always has potential for conflict due to differing desires, values, and interests. Conflicts exist in a latent phase and manifest at a point, escalating rapidly. They involve multiple actors, reaching a crisis stage where neither side wins, prompting negotiation or mediation. Post-crisis, de-escalation occurs, leading to post-conflict peace-building and prosperity, until another conflict arises. Thus, conflict is perpetual.

Types of Dispute and Conflict

• Intra-Personal Conflict: Internal conflict arising from imbalance in personal goals and roles.
• Inter-Personal Conflict: Conflict between two or more individuals.
• Inter-Group Conflict: Conflict between different groups of individuals.
• Intra-Organizational Conflict: Conflict between departments, branches, or units within an organization.

Approaches to Conflict

• Traditional Approach (Up to 1930s): Conflict should be avoided as it causes loss and destruction; it must be suppressed or controlled.
• Human Relations Approach (Up to 1970s): Views conflict as natural and inevitable for social change; it should be resolved rather than suppressed.
• Interactionist Approach (Post-1970s): Encourages a certain level of conflict to foster innovation and prevent monopolies; controlled conflict promotes creativity.

Negative Impacts of Social Conflict

• Disruption of social harmony.
• Increased violence.
• Hindrance to social development.
• Challenges to peace and security.
• Loss of life and property, affecting economic development.
• Damage to international image.
• Obstacles to tourism, trade, and development.
• Unplanned migration (uneven population distribution).
• Increased economic burden/state military expenses.
• Potential for external interference.

Positive Aspects of Conflict

• Identifies and resolves issues.
• Represents voices of marginalized groups.
• Leads to innovation, understanding, and peace if managed properly.
• Makes society dynamic and adaptable.
• Develops new thinking and perspectives.
• Enhances decision-making capacity and social leadership.
• Creates new opportunities.
• Ends social evils and promotes transformation.
• Updates social values.
• Increases social awareness.
• Ensures social justice and equality.
• Strengthens social unity and goodwill.
• Creates social pressure for equitable resource distribution.
• Promotes equitable access and marginalization reduction.
• Reveals hidden frustrations, emotions, and aspirations.
• Reduces poverty through equitable resource access.
• Promotes rights-based thinking.
• Ends social discrimination and evils.
• Builds a progressive, developed, and modern society.

(If conflict is necessary, emphasize its positive aspects in responses.)

Management of Social Dispute and Conflict

Proper management of social disputes and conflicts is essential. Accurate diagnosis and treatment prevent negative outcomes. Positive management leads to innovation, understanding, and peace, while mismanagement causes destruction, rebellion, and unrest.

Managers of Social Dispute and Conflict

• Social Leaders: Intellectuals, professionals, community representatives, civil society.
• Political Leadership: Political leaders and parties.
• Religious and Ethnic Community Leaders: Leaders of religious, ethnic, and linguistic communities.
• Administration: Local administration and security agencies.
• Others: Private sector, international community/donors, mediators.

Strategies/Methods for Conflict Management

Thomas-Kilmann Conflict Mode Instrument (TKI)

TKI identifies five conflict management styles based on assertiveness (firmness) and cooperativeness (flexibility):

• Avoiding: Denying or avoiding conflict if baseless (Low Assertiveness, Low Cooperativeness).
• Accommodating: Adjusting to align with organizational/societal interests if valid (Low Assertiveness, High Cooperativeness).
• Compromising: Reaching mutual agreement respecting both sides (Moderate Assertiveness, Moderate Cooperativeness; No Win-No Loss).
• Competing: Resolving based on facts, laws, and evidence (High Assertiveness, Low Cooperativeness; Win-Loss).
• Collaborating: Finding mutually beneficial solutions (High Assertiveness, High Cooperativeness; Win-Win).

Promotive and Curative Methods

Promotive Methods: Preventive measures to avoid conflict.

• Promoting Social Consciousness: Raising awareness on rights, duties, social benefits, evils, harmony, religion, and culture.
• Social Interaction/Dialogue: Discussions on religious, cultural, development, and community issues to form social opinions.
• Social Opinion Surveys: Gauging opinions on development, service delivery, and resource distribution for social decision-making.
• Social Advocacy: Advocating for beneficial programs and social gains.

Curative Methods: Immediate solutions post-conflict emergence.

• Understanding the Situation: Analyzing causes, levels, and nature of conflict.
• Appraisal: Assessing impacts and outcomes.
• Communicate: Sharing information and minimizing harm; avoiding internal conflicts among managers.
• Response to Dispute or Conflict: Urging restraint, calling for talks, appointing mediators/facilitators.
• Intervention: Warning against involvement, discouraging conflicts through social/religious/ethnic groups, controlling if needed, and handing law violators to administration.

Role of Stakeholders in Conflict Management

Role of Administration

• Provide impartial, effective public services without discrimination.
• Promote public participation in development activities.
• Emphasize local resource mobilization.
• Resolve disputes through dialogue with relevant parties.
• Ensure accurate information dissemination.
• Prioritize social justice and security.

Role of Political Sector

• Avoid activities that escalate social disputes.
• Create an environment for conflict resolution.
• Promote social unity, brotherhood, and tolerance.

Role of Community Organizations

• Monitor social disputes and conflicts.
• Operate activities without religious, ethnic, class, or gender discrimination.
• Maintain equal relationships with all societal segments.
• Promote social awareness, access, and participation.

State's Role in Managing Social Conflict

The state must ensure inclusive governance, efficient administration, equitable service delivery, and participatory development. It should promote equitable resource access, address grievances promptly, and strengthen national security to maintain peace and order.

Current State of Social Conflict in Nepal

• Society and intellectuals divided by political ideologies, leading to increased disputes.
• Attempts to create divisions based on ethnicity, language, and religion.
• Limited management of diversity.
• Deep-rooted social evils.
• Low awareness complicating conflict management.
• Politicization of crime and criminalization of politics fostering impunity.
• Unequal access to public services and resources.
• Disputes over placement of government facilities like police posts and health centers.
• Conflicts over natural resources, forests, water, pastures, herbs, and mines.
• Unclear provisions on resource distribution under federalism.
• Lingering effects of armed conflict and political transition.

Arrangements for Social Dispute and Conflict Management in Nepal

Constitutional/Policy Provisions

• Preamble emphasizes sustainable peace, good governance, development, and prosperity through democratic republican governance.
• Article 6 recognizes all mother tongues as national languages.
• Part 3 provides 31 fundamental rights.
• Article 51 promotes national unity, security, mutual harmony, tolerance, and solidarity.
• Article 51 ensures clean, competent, impartial, transparent, corruption-free, accountable, and participatory public administration.
• Article 51 promotes alternative dispute resolution methods like mediation for minor disputes.
• Article 127 allows for Supreme, High, District Courts and other judicial bodies for alternative dispute resolution.
• Article 217 establishes a three-member judicial committee at local levels for dispute resolution.
• Inter-Provincial Council, Constitutional Bench, National Security Council, Natural Resources and Fiscal Commission.

Legal Provisions

• Local Government Operation Act, 2074 BS: Defines jurisdiction of judicial committees.
• Criminal Code Act, 2074 BS.
• Criminal Procedure Code Act, 2074 BS.
• Civil Code Act, 2074 BS.
• Civil Procedure Code Act, 2074 BS.
• Criminal Procedure Rules, 2075 BS.
• Justice Administration Act, 2073 BS.
• Mediation Act, 2055 BS and Rules, 2059 BS.
• Reconciliation Act, 2068 BS and Rules, 2071 BS.
• Local Administration Act, 2028 BS.
• Nepal Police Act, 2012 BS.
• Truth and Reconciliation Commission Act, 2071 BS.

Institutional Arrangements

• Courts at three levels (Supreme, High, District).
• Constitutional Bench (Article 137).
• Inter-Provincial Council (Article 234).
• Ministry of Home Affairs.
• Provincial Ministry of Internal Affairs.
• Truth and Reconciliation Commission (yet to be formed).
• Missing Persons Investigation Commission (yet to be formed).
• National Human Rights Commission.
• District Administration Offices.
• Judicial Committees (in villages and municipalities).
• District Coordination Committees.
• Reconciliation Councils.
• Mediation Centers in Courts.
• Nepalese Army, Armed Police Force, and Nepal Police.

Conclusion

Society exhibits differences in thoughts, actions, and behaviors among individuals. In a diverse society with multiple castes, languages, genders, regions, and traditions, varying interests, needs, demands, power, opportunities, and access lead to social disputes and conflicts. Conflicts arise from socio-economic, political, environmental, ideological, resource-related, and developmental issues, manifesting as discord, disagreements, resentment, dissatisfaction, non-cooperation, quarrels, anger, hatred, or animosity. Conflict is the evolved form of dispute—short-term for disputes, long-term for conflicts. Conflict is a continuous societal process; a conflict-free society is impossible, but conflicts can be managed. While not always negative, proper management fosters innovation, social harmony, and peace; mismanagement leads to destruction. Conflict is perpetual, and its positive management is essential today.

Question: Mention the causes of social conflict and measures for conflict management. (10)