BY MEKLIT WONDEWOSSEN
The Kebena ethnic group is governed by traditional leaders known by the address marker “Woma”. The group has 39 tribes, it as well has 39 judges who are elected by the assembly in which all tribes are represented and who have the authority to deal with executive issues in traditional administration. The judges resolve conflicts among group members based on the Islamic religion norms and the traditional law of the ethnic group. This traditional law is known as “Bobeni Adeta” or “Bobeni”.
According to Abdelnasser Mifta, head of Government Communication Affairs of “Kebena” District, although it is not yet possible to find concrete evidence of when and how the administration of the nation’s religion (Islam) was established, it is believed that the foundation of “Borni’s” system is the Qur’an.
As stated in Bobene Geltita’s Kebena ethnic group’s livelihood rules although the traditional laws are based on religion, they have been amended from time to time to come up with own laws, called the “Borni” laws. After such a shift in approach, the people of “Kebe” and other ethnic groups gather and approve the rules. Such a gathering is called “Oget”, a meeting where various rules and regulations are enacted to accommodate all aspects of justice and administration.
When a conflict outbreaks in the nation, the way of troubleshooting the challenge through brainstorming varies from place to place or from one ethnic group to another depending on the nature of the conflict. When a minor conflict erupts in a community, some of the famous elders in the area where the conflict occurred are nominated to look into the matter.
After they have been appointed to look into the matter, they send to the accused subpoena, known by the community as “Rubatu”.Then they thoroughly investigate the matter. “Bobene Geltita” explains that the local elders will thoroughly investigate the case and decide the punishment the culprit will be meted out with in a bid to broker peace between the conflicting parties.
On the other hand, when there is a conflict among tribe members, the case is judged by the judge of the tribe itself. This means that if there is a conflict in the same tribe outside of the family, without the matter reaching the elders of the tribe or the elders of the village, the members of the tribe will come together and decide the punishment the culprit should be meted out with.
The same rule of law explains that the judges, who arose from this system, rules punishments ranging from simple fines to flogging and expulsion from membership. The conflicts could be border conflicts, disagreement on the division of inheritance, a son/daughter failing in filial duty or not showing reverence to his/her parents, and a son not doing what he should do to his family and relatives. The punishment passed on the offender for these offenses is compensation in a form of honey or butter for the injured party. Also for the elders he slaughters a sheep a bull or an ox and let them eat it. Through the elders, a blessing off event is created.
The regulation also shows the manner in which conflicts between tribes are resolved. Conflicts between the clans in Kebe ethnic groups are resolved by meeting between the representatives’ elders of the plaintiff and the defendant or the victimizer and the victimized tribe. If there is a serious conflict, the leaders of the two clans will call all the groups as sureties, and they pass judgment in alignment with the enormity of the crime.
Abdelnasir explains that the conflict resolution system had no structural content for many centuries. Only when conflicts arose, problem solvers or peace brokers were sought and those on loggerheads get reconciled. They explain that simple conflicts which arise in the community are resolved in the neighborhood, while serious conflicts are forwarded to the elders selected by the entire “Kebe” and assembly for judgment
He also stated that this type of conflict resolution is not only confined among ethnic groups at loggerheads. It is also used to resolve conflicts among ethnic groups and other neighboring ethnic groups due to borders, grazing land and other reasons. Various social and economic problems have been tackled by these famous elders in the traditional way of solving the conflict.
According to Abdelnasir: this society divides the crimes of loss of life within the tribe or against neighboring peoples into three main categories namely “mulu deme, medala, Ymdala medala.” A serious crime of murder, which is preplanned, is called “muludem”. In the crime \if someone passed it is called “medala” The last and lowest grade of homicide is known as “yemedala medala”, which involves a casualty of a daily conflict between all parties.
In any case, if there is a crime of murder in the ethnic group, the problem will be solved by the elders who are not blood-related to both the victim and the murdering parties. According to Abdelnasser, the punishment will be passed on the guilty party as per the traditional law or “Bobeni”.
Conflicts do not lead to a worse conflict. The conflict from the moment the problem arises to the time it is arrested from the source elder’s work tirelessly. As soon as the act is contained, the elders of the locality express wishes to the soul of the deceased “May the soul of the deceased go to heaven.” They convince victims’ relative to console themselves. ” The creator will give you patience. In the meantime allow us to preside on the matter and settle the issue through mediation. Do not think ‘an eye for eye’ This way the judges make the victims see to reason.
As to Abdul Nasir’s; If the pleas of the elders get a heeding ear by the deceased person’s relatives, the family of the murderer puts some money in the hands of the elders in charge of the case as a bail or bond called “Gigajata Shunsha” (wiper of tears). From the moment they get approval from the victim, the elders tirelessly begin to investigate the cause of the murder.
Abdelnasser says that the elders of the country will also take precautionary measures to prevent further conflicts from occurring. To enumerate some among the measures to be taken, blood relatives of the killer should abandon the village where the accident took place till the case is closed through mediation. Elders give strict warnings to them not to dwell or do business in the areas where relatives of victim preside.
The warning also goes to the victim’s family. The deceased parties will be advised not to take the case to the regular court or not to file a lawsuit. The order given by the elders to the murderer and the family of the deceased is called Ketira. Abdelnasir says that the party found to have violated the elders’ orders will be punished by ‘Bobeni’ system. The community’s criminal investigation process in which the murderer appears before the elders and gives his confession is called “guda”.
According to Abdelnasir: It is believed that if a killer lies or gives wrong information in the Guda system, serious problems will befall on him and his descendants. As such, the killer never lies. He tells the murder plot one by one without lying. After checking everything, the elders give a grade of severity for the execution of the crime.
According to Mr. Abdelnasir’s explanation; according to the type of crime, punishment is given according to the law of “Bobani.” If the crime committed is serious or a bloody one, full compensation will be paid in cash according to Bobeni rules. If the offender is short of money, the cost of his head of cattle will be estimated and the fine will be settled. Apart from paying and receiving compensation, the truce ceremony will be completed by making a bond so that both parties will not fight again. After the truce ceremony, the two parties no longer see each other as enemies. They bury the hatchet stopping to nurse a grudge.
It is said that “Bobene Gelita’s” traditional judicial system is bringing great importance to the nation. Especially, the social significance is great. It helps ethnic groups to live in harmony and forge amicable relation among neighbors. Helping the powerful does not harm the powerless, the rich does not abuse the poor, the bully does not harm the feeble, those with multiple relatives do not abuse the one with not much relatives, etc.
In the traditional regulations of the “Kebena” ethnic group called “Bobene Geltita” It is stated that the conflict resolution mechanism has contributed greatly to the strengthening of social ties between the ethnic group and the neighboring peoples by making sure that such problems do not escalate.
THE ETHIOPIAN HERALD FRIDAY 19 MAY 2023
