Oral customary law plays a vital role in shaping the social, cultural, and legal frameworks of many communities around the world. Deeply rooted in tradition and passed down through generations, these laws are essential for maintaining order, resolving conflicts, and preserving cultural identity.
In today’s world, oral customary law remains a cornerstone of community life, providing mechanisms for conflict resolution, cultural preservation, and social governance. Its importance lies in its ability to adapt to changing circumstances while maintaining the core values and identity of the community. Understanding and respecting these laws are essential mechanisms for fostering social cohesion, promoting sustainable development, and ensuring a harmonious coexistence among community members with different cultures, traditions, social values. Different communities follow their own unique set of values to preserve the social values and improve societal well-being.
Ethiopia, as a country of diverse nations, nationalities, and peoples, is home to tapestry of distinct cultures, traditions, customs, and wisdom. These are deeply embedded in centuries of cultural heritage and passed down verbally from generation to generation. Among these cohesive societal values and norms, oral customary laws are the one. These traditions and societal values, not only foster peaceful coexistence, but also contribute to the development of a collective identity.
These oral traditions in Ethiopia govern various aspects of life, from resolving family matters to addressing and arresting inconveniences and conflicts at community level. In turn, they do not only foster peaceful coexistence but also help shape a shared sense of identity and belonging.
The role of elders, who are regarded as the keepers of wisdom, is pivotal in ensuring that these laws remain relevant and adaptable to the changing circumstances, mainly in strengthening community ties and cultural identity, as well as addressing disputes and maintaining peace.
The Issa community, primarily located in the Somali State of Ethiopia and parts of Djibouti, is rich in its cultural heritage which is deeply intertwined with its oral customary law.
The Community’s oral customary law, known ‘Xeer Ciise’, and passed down from generation to generation through orally, has been practiced by the community for long to ensuring justice, strengthening rule of law and promoting development. This legal framework governs various aspects of community life, including social relations, conflict resolution, and resource management.
According to a piece produced by UNESCO and posted under the title “Xeer Ciise: Oral customary laws of Somali-Issa communities in Ethiopia, Djibouti and Somalia,” the Xeer Ciise refers to the oral customary laws of the Somali-Issa communities in Ethiopia, Djibouti and Somalia.
Xeer Ciise is a highly structured and rigorously codified system of democratic governance. The system has three main components: a political constitution, which defines the distribution of power and decision-making processes; a penal code, which establishes community justice, focusing on reconciliation and compensation; and a code of social conduct, which defines a series of metaphysical, spiritual and social principles and values to regulate collective and individual behavior.
These laws help ensure peaceful coexistence not only within the Issa community but also with other ethnic groups. They incorporate global values and principles, such as respecting the rights of women and children, environmental conservation, peaceful conflict resolution and mutual assistance.
Xeer Ciise is transmitted informally, including through tales, proverbs, games, poetry and initiation rites. It is also taught through formal educational curricula, panel discussions, symposiums and print and electronic media.
As to the article, for the Somali-Issa, the practice unites communities in the Horn of Africa and defines their collective and individual identity, their mutual solidarity and their social cohesion. The system promotes conflict resolution, peace, cooperation, and moral conduct, while enhancing social equity and good governance.
For these reasons, UNESCO recently officially inscribed the Oral Customary Law of the Issa community as a World Intangible Heritage.
Indeed, the customary laws of the Issa community play an irreplaceable role in terms strengthening cohesion both within the community and beyond. A notable feature of this customary law is its emphasis on community-centric governance.
The Issa people prioritize collective decision-making, where elders and community leaders play crucial roles in interpreting and enforcing laws. Their authority stems from the respect and recognition they command within the community, making them essential figures in maintaining social order.
Conflict resolution is another fundamental aspect of Issa Customary Law. Disputes—whether related to land, livestock, or interpersonal issues—are typically settled through mediation by respected elders. This approach emphasizes reconciliation and harmony, focusing on restoring relationships rather than imposing punitive measures.
Resource management is critical in the Issa community, which relies heavily on pastoralism and agriculture. Customary laws regulate the use of land and water resources, ensuring equitable access and sustainable practices. These laws reflect a profound understanding of the local environment and the necessity for conservation, fostering a balance between human needs and ecological sustainability.
While traditionally patriarchal, the Issa community’s oral laws incorporate provisions that acknowledge women’s role, particularly in family and community matters. Women’s rights to inheritance and participation in decision-making vary, reflecting both cultural practices and evolving societal norms. This recognition contributes to a more inclusive community dynamic.
Oral customary law serves as a vital vehicle for preserving the Issa community’s cultural identity. Stories, proverbs, and teachings passed down orally not only convey legal principles but also reinforce cultural values, ethics, and social norms. This rich oral tradition helps maintain a sense of belonging and continuity within the community.
Though rooted in tradition, the Issa community’s oral customary law is not static. It adapts to changing circumstances, including external influences and modern legal frameworks. This flexibility enables the community to navigate contemporary challenges while preserving its cultural integrity, ensuring that traditional practices remain relevant.
The oral customary law of the Issa community is a vital component of its social fabric, guiding interactions, resolving conflicts, and managing resources. As the community faces modern challenges, the resilience and adaptability of its customary law will be crucial for preserving its identity and fostering sustainable development. Understanding and respecting these traditions is essential for promoting dialogue and cooperation both within and outside the Issa community.
Since oral customary law is a cornerstone of community life, providing mechanisms for conflict resolution, cultural preservation, and social governance, efforts to preserve it should be further strengthened. Its importance lies in its ability to adapt to changing circumstances while maintaining the core values and identity of the community. Understanding and respecting these laws is essential for fostering social cohesion, promoting sustainable development, and ensuring harmonious coexistence among community members.
BY MENGISTEAB TESHOME
The Ethiopian Herald December 12/2024
