BY BETELHEM BEDLU
Given the fact that Ethiopia is endowed with more than 80 nation and nationalities, it is known for its distinctive socio-cultural values. The cultural values have had a significant contribution in creating peaceful coexistence, unity, peace, tolerance and mutual understanding among societies.
Traditional dispute resolution systems are among these values that have passed from generation to generation. This long-standing culture has a huge impact in strengthening belongingness and tolerance among the communities and deducting government’s budget that was supposed to be expended to resolve the disputes through finance and human power.
The Halaba small ethnic group is situated in the southern Nations, Nationalities and Peoples’ State. Like many of the ethnic groups in Ethiopia, the community has developed its own traditional justice system.
Right before proceeding to the justice system, the community leaders, elderly, religious fathers and other prominent participant will have the ‘Dudubo’ program which is a discussion to decide whether the situation allows having the justice system or not.
Therefore, they will exchange ideas on issues like peace and security, climate change, agricultural activities, as well as the current issues such as women, children, youth, and community including relation with neighboring countries.
Once they get into the bottom of the aforementioned areas, they will continue to Ogete Siera Justice System unless they discover suspicious things that might disturb the court or learn something that seeks the priority.
In Ogote Siera justice system, anyone who is believed committed a crime is made to Korma punishment. This punishment is known as Worjamo which might include paying live cattle or cash. This age-long punishment has been undertaken from the ancient to these days.
The defendant person will accept his/her crimes in front of the society who are gathered to attend the justice system. Then Ogete leader will announce that the person has accepted his crimes and quest the attendees what punishment he/she should receive.
The society will then order the accused person to bring a bail which is known as Rubete, and he/she will call for the person he/she believes will give him/her guarantee.
The leader will ask then the person if s/he is willing to give her/him guaranty. Once the person agrees to be the guaranty, the leader will pass the decision that the guilty to be punished the Korma punishment and if he fails to pay the punishment, his guaranty would instead of him.
The need for the Rubete is to guarantee the defendant to pay for his/her crimes within the time frame put by the Ogete leaders. The Rubete will be held accountable if the wrongdoer fails to perform accordingly. With the fear of making troubles, the Rubete as well as his/her families, the person will obey the judicial and dispute resolution systems.
It is after they pass the decision that the judges will go through the bottom of the main disputes. Whether the crime is small or big, the community’s justice system starts on such a way.
There might be times when the justice system will suppose to add another punishment named Wedefa punishment. This type of punishment is forwarded when a simple or light crime is committed in the society.
When one commits a crime like disrespecting elders, or creates disputes among families, neighbors or among children, the leader will punish the defendant to Wedefa or Honey punishments.
The accused person is expected to bring a jar full of honey. Half portion of the honey is supposed to be used to make birith, a traditional drink made of honey that should be served for the elders as well as the appellant families that came to attend the judicial program.
The elders will then extend best wishes while drinking and spiting out very small portion of the drinks on both of them.
For crimes such as unintended murder, the ogete will hold a different punishment called Guda. The crime might occur among families, relatives or tribes however given its un-intentionality, the defendant is only forced to slaughter black cattle.
However, Guma is a punishment forwarded for a crime that is committed intentionally. The Guma punishment will force the guilty to provide around hundred live cattle for appellant families. Even though the amount is hard to cover by the guilty, considering his/her previous good deeds, their relatives and tribes will help out their share.
The live cattle provided are mainly young calf and cows. The reason behind this is that the young calf and cows are young and will give birth. So it is believed that it will morally compensate the appellant families. Depending on the severity of the crime, the punishment could cover half or one third of the total punishment.
One thing that is common in Guma and Guda punishments is that both require slaughtering black cattle to indicate how much the crime caused deep sorrow and sadness on both sides of the family. According to sources, sheep and other cattle excluding goat are preferable.
It is believed that the sorrow which is symbolized by the black cattle/sheep will only alleviate once they slaughter it. Since the two sides have cut ties following the crime, they seat giving their backs to one another. But, at the last day of the reconciliation program, both of them will face after the sheep or cattle slaughtered.
After the slaughtering undertaken, the defendant families will take out lung of the animal, touch it with all their fingers put it on the animal and will touch their eyebrow and then they will pass over the animal blood and join with the other side of families.
To show the two families have forgotten the past grudge and reunited, there are number of activities that are performed by the societies. One of the activities is that putting on bracelet made of the skin of the animal usually known as Menetecha.
Wearing the leather made jewelry symbolizes the reunion of the two families. On the other hand, the defendant will put the kitifo( a minced raw beef) on his hands. Then after, he will taste and then representative from appellant families will test after him. This is also indicates the reconciliation of the two families.
The last phase of the dispute resolution includes spraying the mixture of drenched Kosso, (a very bitter traditional medicine) and honey or milk. While the Kosso implies the bitterness of the sorrow and will be sprayed by the defendant families, the honey/milk indicates peace, holds best wishes and a substitution of the sadness.
The elders will be given milk mixed with honey. They then spit it in front of both families and regard their best wishes. Finally, the families will get under the traditional big cloth which the defendant families bring so that they will receive best wishes from elders; drink traditional drinks in the same cup made of wood and will exchange kind words.
Such kinds of traditional dispute resolution systems have a huge significance in maintaining peaceful coexistence between societies, strengthening societal ties as well as tolerance among societies. Thus, it should be preserved and work hand in hand with regular courts.
The Ethiopian Herald February 19/2021
