Legal Pluralism in Ethiopia: The Case of Jaarsa Biyyaa Dispute Resolution Institution of Arsi Oromo People

Abstract

Ethiopia has extensive experience with traditional dispute resolution practices in various parts of the country functioning parallel to the formal courts. In the existence of such pluralistic justice systems where state and non-state justice systems operate, the manner in which the state responds to the situation has a significant impact. In Ethiopia, Traditional Dispute Resolution Institutions (TDRIs) were subjected to exclusionary legal policy for several decades. However, the 1995 constitution of the Federal Democratic Republic of Ethiopia (FDRE) recognizes the role of traditional institutions in the country’s legal framework. Among the Arsi Oromo People, traditional dispute resolution operates through a traditional institution called Jaarsa Biyyaa. Through a study of cases prosecuted by Jaarsa Biyaa, this thesis explores how much the Ethiopian legal system accommodates TDRIs. The thesis also examines whether the pluralistic justice system is an opportunity or constraint for the Arsi Oromo people. In line with that, the thesis analysis primary data gathered through two months of ethnographic fieldwork in Negele town in Ethiopia, as well as a legal doctrinal method of legislative analysis of relevant sources. The findings show that TDRIs are given a mandate over civil matters while the mandate over criminal matters is silent both under FDRE Constitution and the Oromia Constitution. It further shows an absence of clear legal rules that regulate the relationship between the TDRIs and the formal justice systems. However, despite the silence of the constitutional framework regulating the relationship between the two justice systems, other complementary legal references such as the Criminal Justice Policy, the Draft Criminal Procedure Law, and the Oromia Proclamation accommodate TDRIs in certain criminal matters. The empirical findings show shared interest over jurisdiction (predominantly over criminal matters) and competition between the Jaarsa Biyyaa and the formal courts. Moreover, there is also a practice of cooperation and complementarity between the Jaarsa Biyyaa and the formal justice system where each recognized one other in practice. For the Arsi Oromo people, such mutual recognition is an opportunity to maintain the clanship organization. Besides the opportunities are the constraints such as interruption of Jaarsummaa (elders reconciliation), broken social bonds, and enmity.

Key terms: Legal Pluralism, Traditional Dispute Resolution Institutions, Jaarsa Biyyaa, Arsi Oromo People, Ethiopia.