The Kebena is one of the ethnic groups found in the Gurage zone, Southern Nations, Nationalities, and Peoples’ Region of Ethiopia. The Kebena is an ethnic group with its cultural values. One of these cultural values is the “Bobeni Gelitita”, the customary rule of the ethnic group. This customary rule has its own set of rules for resolving disputes.
Conflict resolution depends on the severity of the conflict. According to Imam Hayatu Kamil, one of the traditional leaders of the Kebena ethnic group, the conflict resolution system is generally divided into six stages. The six levels: Are known as “Jeme Baliqi”, “Qeye baliqi”, “Zeni Baliqi”, “Antiti”, “Ili dagna”, “Hala”, and “Ogat”.
“Jeme Baliqi” is usually the lower line of mediation that mediates minor disputes, between husband and wife, father and son, and so on. According to Imam Hayatu, among the fines imposed at this stage of the trial are the banning of the offender from drinking coffee with the local community and the banning of the offender’s cattle from being mixing with the local cattle. These are the most common types of actions. The second and simplest solution is the so-called “Zeni Baliqi”. This solution will primarily help to solve unresolved issues in “Jeme Baliqi” and will provide an in-depth look at new and common issues in the area and provides corrections.
“Antit” is the third level of conflict resolution. According to Imam Hayatu, this level of conflict resolution is the last step in resolving minor conflicts. It is a way for family members or close relatives of the family to resolve the issue. He explains that unresolved issues will be referred to as the “Ili dagna” (clan elder). This means that when a conflict or dispute erupts between members of a clan “Ili dagna” along with the members of the clanelders gather and decide on the culprit. Among the issues to be addressed in this judgment are issues related to inheritance and border disputes. The dispute that can’t be resolved by “Ili dagna” will be directed to the “Hala” elders or (“Metu Midacheta”).
In Kebensina (Kebena language) “Hala” means clans that are subordinate to one father, and the problem is solved by the close members of these clans. The “Hala” system does not apply to all clans in the ethnic group, and this is because some tribes are independent and are judged by ‘Ili dagna” judges. Problems beyond “Hala” can be solved by passing them on to the “Ogat” elders. According to Imam Hayatu, “Ogat” is the most important part of conflict resolution in the ethnic group. Among the problems that “Ogat” solves are killings, administrative weaknesses, and border conflicts with neighboring ethnic groups.
In the case of minor disputes, the elders at the areas where the dispute erupted that mean the “jeme Baliqi,” “qaye” or “Zeni Baliqi” and “Antit”, start the investigation. A serious investigation will be started after the suspect summons bail. Summoning bail is called “Rubetu Geisisu” in kabensina. After examining the case, the elders decide the punishment. According to Imam Hayatu, various measures will be taken if a convicted felon does not carry out his sentence. The measures include banning the offender from borrowing anything from the community until he has paid the fine. The penalty may be fines or other penalties. But once he has done so, the ban will be lifted.
Imam Hayatu explains that it has its own set of convictions for serious crimes, such as murder, robbery, arson, and border clashes with other ethnic groups. These sets of convictions are known as “Katara”, “Guddi Baliqi’, and “Xawa Shulenu Baliqi”. The “katara” system is a system in which the elders go to the scene of a crime and calm it down by taking responsibility to prevent further crime and resolve the dispute. If the crime is so serious, from the moment the crime is committed, the abuser has to cross the river with his family and property for a while until the reconciliation takes place.
Imam Hayatu recalled that, in the past, in addition to the offender, the family and relatives of the offender would be made to cross a river. Recently, however, this has changed and only the offender crosses the river and lives there for some time. This is done out of fear that the victim’s family may retaliate. However, neither the murderer nor the murderer’s family must cross the river if the family members of the deceased promise no revenge. The elders in charge of “Katara” are responsible for the protection of the property of the offender.
Elders who are present at the time of the incident may perform the “Katara”. After calming the victim’s side and bringing the matter to the attention of the mediators, they will gather the clan elders and Ogat elders. The reconciliation system will be passed to the “Guda” system. According to Imam Hayatu: Guda is a system of vows in which, the elders of “Katara” and other elders make victims vow to avoid retaliation, to adhere to customary law, and to maintain order. Guda also applies to the abuser and abusers’ families. The abuser and his family will also be temporarily barred from using the same market and road. They as well will be banned from letting the cattle graze together with the members of victims’ families.
After the aggrieved party agrees to settle the matter with an elder; will be given some money. This is called ‘enjijgiza’, which will be deducted from the final penalty. Once the katara and Guda system is in place and decision is made to hand over the money (enjiji giza), the next step for the elders will be to select elders who will handle the matter. Those elders are known as “Xawa shulani baliqi” In the selection process, both parties (the abused and the abuser) have the right to choose Ogat elders of their choice, but they will be judged based on the bobanigeltit rules.
The third hierarchy of dispute settling is “Xawa shulani baliqi”. This mediation system investigates the crime and examines in-depth when, how, and by whom the conflict took place, Imam Hayatu explained. The mediation process takes place at the victim’s village or on the scene where the dispute happened. The elders’ representative will also be able to explain the crime to the elders before making a decision. The victim has also the right to express his or her views through his or her representatives. After hearing from both sides, the Ogat elders determine the level of the crime and enforce the compensation outlined in the “Bobani” rule.
The ethnic group also has its system of compensation for crimes committed by the members of the ethnic group. Imam Hayatu explains that compensation can be classified into one of the following three stages: “Guma”: full compensation, “madala”: partial compensation, and “madali madala”. “Guma” is full compensation, and if the perpetrator intentionally or unintentionally commits the crime, it will pay a fine in cash or kind for the victim after it has been properly investigated. For example, acts of intentional arson and murder, etc. are classified in this compensation system.
For example, if the murder crime was committed intentionally, the killer will be fined 150,000 birr. In addition, the time and circumstances of the when and how the crime was committed may increase or decrease the amount of the compensation.
The second is called “madala” which is a type of compensation for the crime that happened between parties who had no resentment or hatred before the incident. The offender will be fined less than the full amount of compensation or cattle because he or she did not commit the crime intentionally or deliberately. For example, a car accident is included in this category. The fee will be less than the “Guma”.
The third “madali madala” is a type of compensation for the crime or wrongdoing the offender did not do to retaliate; it is a form of punishment for property damage or loss of life because of negligence. For example, if a person is killed by a hunting spear, the penalty will be less than that of “madala” or “Guma”.
In all three cases, the offender can be fined in cash, and in some cases, cattle can be estimated in cash and can be given to the victim, he said. The amount of compensation varies from time to time; the costs incurred by the victim from the time of the incident will be reimbursed. According to Bobani’s rule, the elders divide the compensation fee among the victims’ relatives.
On the last day of the meeting, the offender will be presented with a blanket made of plant leaves. The reason he does this is to say, “I’m guilty, I’m sorry, I can’t see you.” Both sides embrace the honey, milk, or other sweet treats that are offered to them in one container and they drink it turn by turn and at last hug each other showing that they are reconciled. Elders and families on both sides will be given the same drink and they will drink it turn by turn.
In addition, a sheep or a bull provided by the offender or the offenders’ family will be slaughtered and food will be prepared and the victim and offender’s family and relatives will eat at the same table together. This is considered to be an indication of the reconciliation process is completed. After the problem is solved, if it is the harvest season, they will plow and sow together. From the time reconciliation takes place, there will be no animosity between the two parties.
On the other hand, if the perpetrator of a conflict is unknown, the elders will follow other procedures instead. To find the culprit, the elders meet and order the elders in the area to investigate the culprit. If the culprit is not found by these elected elders, the men, women, children, and elders will all discuss the matter in private and expose the culprit. This is because everyone is expected to have the opportunity to express themselves freely when they discuss gender and age.
If the culprit is not found in this discussion, the local person will leave, and the “Ayatamu baliket”, the residents of the area where the crime was committed will pass between a meeting of great religious leaders and the elders. This is because the religious leaders and elders are expected to understand the situation when the perpetrator passes between them. In this case, if no culprit or suspect is found, everyone in the area will take the family and swear that they do not know the culprit and did not commit the crime.
Conflicts within the ethnic group are less likely to be hidden. The main reason why they do not hide their crimes is that those who commit crimes are afraid that tomorrow a tragedy will await their grandchildren. It is traditionally called “Berchita”. On the other hand, because the majority of the people are Muslims, they know that crimes are condemned and punishable in the next world.
In the event of a border dispute or other dispute between members of the Kebena and other ethnic groups, both parties shall have the right to adjudicate per the agreed procedures, with priority attached to the interests of the victim.
BY MELAKU EROSE
THE ETHIOPIAN HERALD THURSDAY 31 MARCH 2022
