Due to different reasons, conflicts arise at the individual, racial, ethnic, and national level due to human nature, and as a result, it causes great damage to human life. For the loss of peace caused by this, the community has its own traditional methods of reconciliation to bring lasting peace. Various countries across the globe continued to follow customs conflict resolution techniques in pre-modern times. In the contemporary period, states have created situational and judicial systems grounded in science.
Generally speaking, conflict resolution refers to measures taken to stop or lessen violence between people and groups. The main goals of conflict resolution are to prohibit the use of violence to resolve disputes, impose limits on the types of violence that are acceptable, and maintain disputes within a set of established standards that encourage respectful discourse about differences.
Every civilization encounters conflicts from time to time. As a result, societies have a tendency to create their own systems for resolving conflicts based on the principles, customs, and values of social cultures everywhere. Among the numerous indigenous systems of conflict resolution mechanisms in Ethiopia are the Ilafi-ilame, Jarsumma, Waqeffana and Sinqee in Oromo, Aba‟la in Afar, the Shimagille in Amhara, Nemo in Shinasha, Ruec Wec Ring and Guk in the Nuer of Gambela, and the dubushaa in the Gamo.
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Numerous established social organizations have a role in resolving disputes in the Gamo community. There are trustworthy and competent people from each clan in the community who can handle a variety of conflicts. These people are essential to the Gamo community’s daily operations and conflict resolution processes.
For a very long time, before the current Democratic system was introduced in the Gamo Zone in southern Ethiopia, Dubusha served as the wellspring of the legal system. Dubusha acts as the parliament for the Gamo zone, where elders and local leaders enact laws and regulations that govern their community. Between disagreements, the Dubusha system fosters stability and harmony. Local elders and leaders converse about social, political, and economic issues in Dubusha. Additionally, they enact law and order in accordance with local norms. Dubusha is a thorough set of guidelines that covers a wide range of topics, including property, marriage, divorce, gender division of labor, inheritance, and conflict resolution. The Lower Cima Dere Cima literally translates to “the community’s elders.” This includes well-known and esteemed parents who have handled disputes before. Elders involved in conflict resolution must be knowledgeable about the community’s customs, laws, and values.
Dere dubusha is the highest customary court in the Gamo community and it has two main functions which are hearing and resolving disputes and reviewing and making laws. In most Gamo communities the usual court structure has three levels Guta dubusha, at the village level sub-dere dubusha at kebele level and dere dubushaat at a higher level. Cases are dealt with in the doubtful doubt stage, if they were not solved; they were related to the second and third levels of the structure.
According to indigenous beliefs, dere dubusha is a sacred place with supernatural powers. It is a place where curses are uttered in its name justice is done and important meetings take place. Dubushasa are places where truth reigns. Improper behavior such as lying during dubusha meetings is considered a violation of taboos which in turn would bring misfortune to individuals and communities.
Customary courts are easily accessible as there are several customary courts in each Gamo community. Strengths and limitations of customary legal systems/institutions and research findings indicate that indigenous dispute resolution institutions have strengths and limitations.
Temesgeng Misganawa is a scholar who made a research on Gamo Dubusha conflict resolution system. He says, traditional judicial institutions have own drawbacks some of which are a limitation costs of time and resources, parents do not pay for their services fines and compensations are relatively small. The process of conflict resolution is organized in the public space of the community and different parties involved in the process victims, offenders and community member’s decisions are made official or published. Decisions are easily enforced by community-based sanctions, including social exclusion. Fulfillment is assured by threats of blessings and curses.
Conventional systems are aimed at restoring community cohesion, social relations, collective spirit and social solidarity. Gain respect for elders, tradition of forgiveness, and transfer of benefits are embedded in indigenous belief.
Limitations of customary legal institutions.
Limitations related to the protection and protection of women rights are manifested as indigenous justice institutions are dominated by men. For example, the council of elders is not open to elderly women. With few exceptions, women are excluded from ordinary courts and meetings, he adds.
Indigenous dispute resolution and peacekeeping institutions are effective in resolving disputes and restoring peace within the same ethnic group. Their potential to resolve intergenerational conflicts and restore lasting peace is very limited. Elders from neighboring ethnic groups work together and resolve disputes during ethnic conflicts. However, indigenous conflict resolution institutions have limitations in restoring long-term peace when conflicts arise between parties of two or more ethnic groups.
In general, the members of the council of elders in the Gamo conflict resolution institutions have a power hierarchy. The supreme of all is Kawo– the king, and there is a Danna next to the king, and Haleka comes after the Danna, where Haleka Uduga, Haleka Maga, Haleka Resha come beneath it; and the Mocho and Majie will take over what comes after that; and so on, it goes.
They do differ in position as well as function there are Haleka (monitors) elected to conduct governance of the people, and there are monitors who are in charge of keeping states of peace of the covenant and also items.There are others who are in charge of prayers to that end called Eka. Eka (monitors) are in charge of the traditional religious rituals, and they do the blessing and cursing too and some Ekas are considered that whatever they say will happen. On the other hand, the battle monitors are called Maga they do lead into battle and there are Tora Magas in charge.
The Tora Magas lead,while the troop Ensa Magas do the management. The Gosawo Magas are those keeping the borders, and Eka Magas do undertake the cultural ceremony after the battle is settled. And as such goes the process, and there is Maka in the middle hierarchy, who is known as a priest; they have the same role as the priests of the Orthodox Church atoning sins and everything.
Process of elders’ selection among Gamo According to the informants, wisdom, knowledge, respect, experience, moral standard, character of the patient, impartiality, incorruptibility, and trustworthiness are the major criteria in selecting elders as leaders and mediators in the traditional conflict resolution process among Gamo.
Hereditary or linage systems of leaders‟ selection are also often observed in the indigenous conflict resolution mechanisms in the area. Moreover, elders are chosen if they are known to be neutral and free. Their numbers could reach seven to nine for moderate to severe conflict cases. Simple conflicts at family and neighborhood levels can be dealt with two to three elders depending on the case. When the elders are chosen, they make an oath about moral values. They are expected to be keen on the truth with one heart. In general, conflict resolvers are selected based on their good reputation, wisdom, exemplary deed, experiences, patience, commitment, talent in delivering just decisions, well versed in traditional law, and other calibers.
BY MAHLET GASHAW
THE ETHIOPIAN HERALD WEDNESDAY 3 APRIL 2024
