Chapter Six

Customary and Local Governance

Systems and Peace Making
Introduction
 Customary law is the set a set of custom, practices and beliefs
that are accepted as obligatory rules of conduct by indigenous
peoples and local community. it is the mechanism of resolving
dispute. There is a procedure to resolve disputes without the
assistance of the institutionalized justice system.
 Customary law is unwritten law and kept in the memory of people
or elders. Therefore, when a case or dispute arises, the interested
party have to ask these people for a solution. Custom is defines as
a tradition or a usual way to behave. Custom is to society what
law is to the state.
 A legal system is defined as a synergy of legal rules, legal
principles, legal standards, legal policies, legal structures, legal
tradition, legal actors, legal extension and legal penetration
operating in a given geographical area.
Indigenous and local governance
 Governance is about the processes by which public policy
decisions are made and implemented. It is the result of
interactions, relationships and networks between the different
sectors (government, public sector, private sector and civil
society) and involves decisions, negotiation, and different power
relations between stakeholders to determine who gets what, when
and how.
 The relationships between government and different sectors of
society determine how things are done, and how services are
provided. Governance is therefore much more than government
or ‘good government’ and shapes the way a service or set of
services are planned, managed and regulated within a set of
political, social and economic systems.
In the Gadaa system, political power is transferred from one generation
set (Luuba) to another every eight years. Gaada officials such as the
Abba Gaada and Abba Seera(father of law) serve for eight years and
leave their position to the new generation of Gadaa officials.

The Gaada system involves a continuous process of law making and

revision. The law making process has rooms for wider participation of
the people. Gumi gaayo, a law making assembly of the Borana Oromo,
is a good example. Gumi gaayo is held every eight years to revising,
adapting, making and publicizing the customary law (seera) and custom
(aadaa) of the Oromo. The Waliso Oromo have a law making assembly
known as yaa’ii haraa, an equivalent of gumi gaayo, held every eight
years.
The Gaada is an indigenous system of governance, conflict resolution,
and peacemaking. The indigenous system of governance among the
Oromo also include institutions of conflict resolution such as the Jaarsa
Biyyaa (literally: elders of the soil/land) institution.
 The Gedeo Baalle
 The Gedeo of southern Ethiopia have an indigenous system of
governance called Baalle. The Baalle and the Gaada system of the Oromo
have some similarities. For example, both have grading system and
exercise periodic transfer of power (i.e., every eight years). The role of
religion is high in the two indigenous systems of governance. Moreover,
the customary law of the Gedeo is called SEERA. The Ya’a, the general
assembly, is the highest body of the Gedeo indigenous system of
governance. The Baalle is a complex system which has three
administrative hierarchies: Abba Gada, Roga (traditional leader next the
Abba Gada), and two levels of council of elders known as Hulla
Hayyicha and Songo Hayyicha. The Abba Gada is the leader of the
Baalle. The Baalle system has a body of laws called Seera. Conflicts are
resolved by the Songo hayyicha at village level. When disputes are not
settled at the village level, cases can be referred to first to the Hulla
Hayyicha and finally to the Abba Gada. In general, the Gedeo system of
governance has three major institutions: the ya’a (general assembly), the
Seera (customary law), the Abba Gada, and council of elders.
 Dere Woga of the Gamo
 The Gamo are among Omotic peoples of southern Ethiopia.
Unlike their neighboring people such as Wolayta and Dawro,
the Gamo did not have a centralized political system. The
Gamo people were organized into several local
administrations locally known as deres. According to
anthropological findings, there were more than 40 deres
across the Gamo highlands. Each dere had its own ka’o (king)
and halaqa (elected leader). The indigenous system of
governance embraces the dere woga (customary law) and the
dubusha assemblies. The highest body of the indigenous
governance is the dere dubusha, a general assembly that is
responsible to make and revise customary laws, resolve major
disputes that cannot be solved at the lower levels.
Cont…
 The dubushas assembly has three hierarchies: 1) the dere
dubusha (at the top), sub-dere dubusha (at the middle),
and guta/neighborhood dubusha (at the village level).
Minor cases and disputes are resolved by the dere cima,
council of elders. Like the Oromo Gada and the Gedeo
Baalle, the indigenous governance of the Gamo is
embedded in the Gamo belief system. It is believed that
telling a lie and hiding the truth are considered as
violation of taboo, which would lead to spiritual
pollution and then misfortunes including lack of fertility,
illness, and death of human beings and livestock.
 Intra and inter-ethnic conflict resolution institutions
 There are different indigenous institutions of conflict resolution and
peacemaking across regions and cultures in Ethiopia. The following are
some of them: customary dispute resolution mechanisms; traditional
mechanisms of conflict resolution; grassroots justice systems; and
customary justice institutions. Indigenous justice institutions and
mechanisms share several common aspects including the following:
 High involvement of elders at different stages of conflict resolution and
peacemaking process.
 Preference and respect for elders known for their qualities including
experience in dispute resolution; knowledge of customary laws,
procedures, norms and values of the society; impartiality, respect for
rules and people; the ability of listening and speaking politely; honesty
and tolerance.
 Indigenous dispute resolution practices focus on restoring social
relationships, harmony, and peaceful coexistence.
 Indigenous justice systems also have differences in terms of
hierarchies, procedures and level of complexities. For example,
 In some cultural settings, conflict resolution mechanisms involve
several hierarchies and complicated procedures;
 The compositions and responsibilities of council of elders also
vary from society to society. For example, different types of elders
address different forms of disputes in some cultural settings;
whereas the same body of elders deal with various types of
disputes in other settings.
 Indigenous/customary justice institutions have been widely used
across Ethiopian regions and cultures. With some exceptions,
customary justice institutions include three major components.
The three components are 1) customary laws, 2) council of
elders, and 3) customary courts or assemblies.
 Customary law: it refers to a body of rules, norms, and a set of moral values
that serve as a wider framework for human conduct and social interactions. The
Sera of the Sidama, the dere woga of the Gamo, the Seera Addaa of the Oromo;
Gordena Sera of Kestane Gurage are examples of customary laws. In most
cases, customary laws are available orally. Some customary laws are published
in recent years. For example, the Sebat Bet Gurage published their customary
law named Kitcha: The Gurage Customary Law in 1998. Similarly,
Kistane/Sodo Gurage have a written version of customary law known as
Gordena Shengo.
 Council of elders: It is the second important institution of customary justice
systems. The council of elders embraces highly respected and well-experienced
community members who have a detail knowledge of the customary laws.
Members of the elder’s council are also known for their personal qualities such
as truthfulness and experience in settling conflicts. Elders often serve their
communities on voluntary basis without any payment. The number of the
elders varies based on the nature of the case. The institution of council of elders
has different names in various ethnic groups: Yehager Shimagile (Amhara),
Jaarsaa Biyyaa (Oromo), Hayyicha (Gedeo), Guurtii (Somali), Dere Cima
(Gamo), Deira Cimma (Wolayita), and Cimuma (Burji).
 Customary courts are public assemblies that serve two major
purposes: (a) hearing, discussing and settling disputes, and
(b) revising, adapting, and making laws.
 As noted above, in most cases, indigenous justice systems in
Ethiopia embrace three major structures: customary laws,
customary courts, and council of elders. Let us summarize the
Gamo customary justice system to portray the three major
structures. The customary justice system of the Gamo people
of Southern Ethiopia has the following branches: 1) Dere
Woga, customary laws, 2) Dere Cima, council of elders, and
3) Dubusha, customary courts or assemblies.
The three structures of Gamo customary
justice system

 The Dere Woga: It is a comprehensive body of rules and

procedures that govern a wide range of issues including
inheritance, property ownership, marriage and divorce,
conflict resolution and gender division of labor.
 The Dere Cima: Literally, dere cima means elders of the

land/country. It includes notable and respected elders

experienced in resolving disputes. Elders serving in
dispute resolution are expected to have a sound
knowledge of the customary laws, norms and values of
the community.
 Dubusha: it is customary courts. Dere dubusha, the biggest
customary court in a given Gamo community, has two major
functions: (a) hearing, discussing and resolving disputes, and (b)
revising and making laws. In most Gamo communities, the
structure of the customary courts has three levels: Guta dubusha,
at the village level; sub-dere dubusha, at the kebele level; and
dere dubusha at the higher level. Cases would be heard at the
guta dubusha level, if not settled, referred to the second and third
level of the structure. According to the indigenous belief, dere
dubusha is a sacred place where supernatural power exists. It is a
place where curses are uttered in its name; justice is delivered;
and important assemblies are held. Dubushas are places where
truth prevails. Misconducts such as telling a lie during dubusha
assemblies are considered as transgression of taboos, which in
turn would bring misfortunes to individuals and communities.
Customary courts are easily accessible as each Gamo community
has several customary courts
 Strengths and limitations of customary justice
systems/institutions
 Study findings indicate that indigenous institutions of dispute resolution have
strengths and limitations. Some of their strengths and limitations are outlined
below.
 Strengths of customary justice institutions
 Incur limited cost in terms of time and resources/money; elders do not request
payment for their services; fines and compensation are relatively small;
 Conflict resolution process are held in public spaces in the community;
different parties (victims, offenders and community members) participate in
the process; decisions are communicated in public;
 Decisions are easily enforced through community-based sanctions including
social exclusion; compliance ensured through blessings and the threat of
curses;
 Customary systems aimed at restoring community cohesion, social relations,
collective spirit and social solidarity
 Rely on respect for elders, the tradition of forgiveness, transferring
compensations, embedded in indigenous beliefs
 Limitations of customary justice
institutions
 Limitations related to protecting and safeguarding women’s
rights. Indigenous justice institutions are dominated by men.
For example, the council of elders are not open to elderly
women. Women are excluded from participation at customary
courts and assemblies with a few exceptions.
 Indigenous institutions of dispute resolution and peacemaking
are effective to resolve dispute and restore peace within the
same ethnic group. Their potential in resolving inter-ethnic
conflicts and restoring long-lasting peace is very limited.
 Inter-ethnic conflict resolution
 Abbo Gereb is one of the indigenous institutions that address inter-ethnic
conflicts. It is a dispute resolution institution in Rayya and Wajirat
district, Southern Tigray. Abbo Gereb, literally means the father of the
river Gerewo. Abbo Gereb serves to settle disputes between individuals
or groups from highland Tigray and lowland Afar. Conflict between the
two groups often arise because of dispute over grazing land or water
resources, particularly in dry season. When conflict arises between
parties from two ethnic groups, notable elders from Tigray and Afar
come together to resolve the dispute and restore peaceful relations. Most
of the elders involved in inter-ethnic conflict resolutions are bilingual:
speaking Tigrigna and Afar.
 Ethnographic findings also reveal the existence of inter-ethnic conflict
resolution mechanisms when conflicts arise between Afar, Issa,
Tigrayans and Argobba. The mechanisms of inter-ethnic disputes have
different names. It is called Xinto among the Afar, Edible among the
Issa, Gereb among the Tigrayans, and Aboroge among the Amhara
 Women’s role in conflict resolution and
peacemaking
 Women’s peacemaking sticks
 Sidama women have two instruments of power: the Yakka and the Siqqo. The
Yakka is women’s association or unity group. The Siqqo is a stick that
symbolizes peace and women honor. The Siqqo and the Yakka are closely
associated. Mobilizing the Yakka and holding the Siqqo, Sidama women stand
for their customary rights. They do this, for example, when a woman is beaten
up by her husband or a pregnant woman is mistreated. For example, if a man
prohibits his wife from Yakka participation, the women group impose a fine
on him. The fine could be an ox. If a woman is ill-treated by her husband, the
Yakka leader (known as Qaritte) mobilizes the Yakka and leads them to the
house of the man. The husband would not have a choice when he is
surrounded by the Yakka holding their Siqqo shouting and singing. If he is
found guilty, the man would be forced to slaughter a sheep and give part of it
to the Yakka. Sidama women also use their Siqqo to make peace between
quarrelling parties. Oromo women also have a peace stick called Sinqee.
Sinqee serves the purpose of protecting women’s rights and making peace.
Quarrelling men stop fighting when a woman stands between them holding
her Sinqee.
 Don Kachel: Agnuak women peacemaking institution

 Women in many regions of Ethiopia play an important role in peacemaking.

Agnuak women have a peacemaking institution known as Don Kachel. Literally,
DonKachel means ‘let us all live in peace’. It involves a peace-making movement
initiated by Jaye, a group of wise and elderly Agnuak women. The Jaye start a
peace-making movement based on information gathered through women’s
networking. The Jaye gather information about potential conflicts from different
sources, including gossips spread in the community. The Jaye quickly act upon
receiving information about, for example, a heated argument that could lead to
conflict and fighting. The Jaye call the disputing parties for a meeting to settle the
dispute. A few neutral observers will also be invited to monitor the process of the
meeting. After examining the arguments of the two parties, the Jaye give their
verdict. The party that caused the conflict request for forgiveness in public and pay
some compensation. A sheep or goat is slaughtered after the conflict resolved; the
meat is cooked and shared by participants of the meeting. Finally the Jaye would
announce the meeting is over, the problem resolved, using these words ‘Now let us
all live in peace together!’ The practice of Don Kachel is currently being adopted
by other ethnic groups including the Nuer, Mejenger, Opo, and Komo.
 Women’s institution of reconciliation: Raya-
Azebo, Tigray
Elderly and highly respected women in a village in Raya-Azebo, Tigray established a
reconciliation institution called the Debarte. The Debarte plays an important role in
avoiding harms associated with the culture of revenge. A man may kill another man in
a fight. The incident would trigger the feeling of revenge among male relatives of the
murdered man. In such a tense situation, the wife of the killer requests for the Debarte
intervention. The Debarte quickly start their intervention to stop the act of revenge. The
Debarte instruct the murderer’s wife to gathering her female relatives together. The
wife and her female relatives get ready wearing their netela upside down and covering
their hair with black cloths to show their grief and regret. After these preparations, the
Debarte lead the female relatives of the killer to the home of the murdered man. The
women cry loudly while walking to their destination. As they come near to the home of
the killed person, they utter the following words: ‘Abyetye ezgio! Abyetye ezgio!’ ‘Oh
God help us! God help us! Upon their arrival at the compound of the victim, the
Debarte kneel down and cover their heads with the dust of the compound. They beg the
relatives/family of the murdered man to give up revenge and consider forgiveness.
Initially, the relatives may not respond to the request; however, they will change their
mind and open the door to show their consent for reconciliation. After persuading the
victim’s relatives to give up revenge, the Debarte give the way for elders who start the
peace-making process.
 Legal pluralism: interrelations between
customary, religious and state legal systems
 Legal pluralism is an important concept in disciplines that study legal issues. It refers
to the existence of two or more legal or justice systems in a given society or country.
Legal pluralism indicates the co-existence of multiple legal systems working side-by-
side in the same society. Legal pluralism is evident in the Ethiopian context. Multiple
legal institutions, including customary laws and courts, state laws and courts, and
religious laws and courts (e.g., the Sharia Law) work side-by-side in most parts of the
country. The FDRE Constitution provides ample space for religious and customary
laws and courts to address personal and family cases. The following two Articles show
this reality.
 In accordance with provisions to be specified by law, a law giving recognition to
marriage concluded under systems of religious or customary laws may be enacted
(Article 34(4).
 Religious and customary courts that had state recognition and functioning prior to the
adoption of the Constitution shall be organized on the basis of recognition accorded to
them by the Constitution. (Article 78(5))
 Legal pluralism is a pervasive phenomenon in Ethiopia. This is because a single legal
system does not have a capability to address all legal cases and maintaining peace and
order.