Ethiopia is land of origins and diversity. This truth is manifested when one looks into the traditional system of social administrations long-exercised by various communities. In a series of articles The Ethiopian Herald has been familiarizing its readership with some of the prominent leadership wealth of the country ranging from Gada System (an indigenous democratic socio-political system of the Oromo), Hadiya Garad (System of administration practiced by people of Hadiya) and Abagar (Traditional justice system around Wollo). Today, we shed light on one of the homegrown system of administration at Sebat-bet Guraghe— Yejoka Qicha.
The people of Guraghe have their own customary rules (traditional judicial systems) that have long been applied on the people to ensure peace among themselves and the people in their environs. The system, being related to one another in its very sense, has varied application and nomenclature. Ye gordena Sera in northern Guraghe (Kistane and Gedebano Gutazer Welene); Ye feragezegne Sera in eastern Guraghe (Meskan); Yejoka Qitcha or Ye Sebat-bet Guraghe Qicha in western Guraghe (Sebat Bet Guraghe) and Gogot in Dobi. “Ye Sebat-bet Gurage Qitcha – Yejoka Qitcha” is the largest traditional judicial system as compared with its areas of application. One of its applications, traditional judicial system has been serving to reconcile conflicts without compromising the modern law.
Language and Art Department Head at Guraghe Zone Culture, Tourism and Communication Bureau, Beharu Lilaga, told The Ethiopian Herald that Yejoka is a fusion of two Guragigna words—Uej (branch) and Yoka (ground layering). A mythology`of the coinage of the word “Yejoka” tells us that two old trees lay their branches on the ground to eventually send roots while attached with the parent trees and grow,and then the young tree will be cut from the parent to be independent.
Elders assemble under the shadow of such tree which itself is called Yejoka. Even the neighborhood where such tree is found is called Yejoka. According to Beharu, the system survived till the present day from 16th century on. The system has provisions to give solutions ranging from disputes that reach any stage to homicide. Attempts would be made to give solutions at the smallest administrative levels. But, as per the weight of the case, benches at various levels will be involved. Ye Sera Dane, for instance, is tantamount to first instance court.
The next level is Ye Mura Gene Dane that involves two and more villages. Ye Tib Dane handles cases that involve different sub-tribes, Ye Kifile Bete Guraghe Dane has a mandate to settle cases that draw different tribes. Eventually, grand issues would be referred to Yejoka Qicha, according to Beharu. “Provisions are also subject to amendments to respond to the current demands or pressing situations.HIV and AIDS had been new phenomenon, for instance, and new provisions were added accordingly.”
As shown in book, Gogot by Mengestu Hailemariam, Yejoka Qitcha has five main articles: Ye Dem Qicha, Ye Ankit Qicha, Ye Qiye Qicha, Ye Jefuere Qicha and Ye Gurda Qicha. Ye Dem Qicha deals with cases involving injuring someone, assassination, murder and murder attempt, property destruction including arson. Ye Ankit Qicha sees cases including marriage and divorce. Ye Qiye Qicha investigates and puts solutions to issues of land. Ye Jefuere Qicha is about road connecting two villages.
Ye Gurda Qicha is responsible in facilitating any kind of oaths and affirmation taken by members of the community. In addition to the listed major cases, Yejoka Qitcha has provided number of provisions regarding moral, ethics and other practices including transplanting of trees, proceedings of holidays, participating in development activities, educating children, protecting the rights of children, educating women, assisting the elderly and orphans, respecting parent, rehabilitating drug and alcohol addict community members, among many others, Mengistu said. “Yejoka Qitcha has one supreme council, but all members have their own respective councils.
Each member elects 10 reputable elders for tenure of five-year at Yejoka Qitcha, this sums up to 90 representatives.” Members of Council’s executive committee shall also be elected for no more than three rounds. Whenever there is a lack of confidence over a given member of the council, the council can evict him/ her and make replacement through transparent election, Mengistu Hailemariam, Public Relations and Communication Head at Guraghe Development and Cultural Association told The Ethiopian Herald.
The main criteria to elect either of the member of council or executive include but not limited to; ingenuity, acceptance, popularity, mediation skills and impartiality. Regarding judicial procedures, Mengistu said depending on the nature of the crime judges, take threemonth to one year to pass their final verdicts. Community isolates culprits of murder until the case get a final decision or they even be forced to exile to another area. Hence, the criminal will not bear the burden and appeals to the judges to pass their judgment by making confession about the crime, he added.
To Beharu, Yejoka Qitcha’s role in taking preemptive measure to potential conflicts stands tall in the community. Hence, it contributes to the peace and security of the people while easing burden to formal courts. Traditional judicial system has been operating in our country for a long time. Where there is no modern law, it helped the people to solve disputes between communities in a reasonable and fair way. There is no loser and winner in most traditional conflict resolution methods. Both or all sides reach consensus and make reconciliation. Nowadays, such assets which passed through the acid test of time have received due recognition from the government.
Herald January /2019
BY ABDUREZAK MOHAMMED
