Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2

Research Article GJR 2019,1:2

Global Journal of Religions (DOI:10.28933/GJR)

The Role of Customary Conflict Resolution Mechanisms Among the Oromo: In Case of District of South Kebede Lemu Bekelcha1, Aregash Eticha Sefera2 1 Lecturer at Bule Hora University, Faculty of Social Sciences and Humanities, Social Anthropology Department, Bule Hora, . 2 Lecturer at Bule Hora University, Faculty of Social Sciences and Humanities, Department of Social Anthropology, Bule Hora, Ethiopia.

ABSTRACT

This study deals with the role of customary conflict resolution *Correspondence to Author: mechanisms in region with particular emphasis on Dawo Kebede Lemu Bekelcha district of south west shewa zone. Hence, the (i) purpose of this Lecturer at Bule Hora University, study was to examine and explore the significance of customary Faculty of Social Sciences and Hu- conflict resolution mechanisms in anthropological perspectives manities, Social Anthropology De- in the study area. The (ii) intent of the study was to identify the partment, Bule Hora, Ethiopia types of customary conflict resolution mechanisms and cause of conflict in Dawo district. The (iii) purpose of the study was to describe the structure and procedure as well as advantage and How to cite this article: disadvantages of customary conflict resolution mechanisms. Kebede Lemu Bekelcha, Aregash Finally, the purpose of this study was to provide information to Eticha Sefera.The Role of Custom- understanding about the study area. To achieve this objective, ary Conflict Resolution Mechanisms both primary and secondary data was used. This study applied Among the Oromo: In Case of qualitative data. The data used in this study were generated Dawo District of South West Shewa from one- one interview, focus group discussion, case study Zone. Global Journal of Religions, and document analysis. In anthropological studies, analysis is 2019,1:2 an instrument to extract meanings from the information obtained during the field work. In such a manner, data were presented in a qualitative type. By using this methods, the study revealed that conflict in this research area emanate from land issues, theft and competition over resources. eSciPub LLC, Houston, TX USA. Website: https://escipub.com/ Keywords: Conflict, Customary, Dawo, Conflict resolution

GJR: https://escipub.com/global-journal-of-religions/ 1 Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2 1.1. Background of the Study has identified a set of approaches that are applied to the resolution of conflicts. These are Conflict is not a recent phenomenon in human coercion, negotiation/bargaining, adjudication, history. Rather, it is as old as human history. mediations and arbitration. [4] further Since the appearances of human beings on this categorize conflict resolution mechanism into planet, they have been competing for resource two. These are the violent and the peaceful. and dominance. These controls of resources and dominance of one group over the others or The violent include, war, self-help and duel, one individual over the other create what whereas the peaceful incorporated avoidance, conflict. burying the dispute in the symbolic process, negotiation, mediation, arbitration and Conflict is a broad term and that is widely adjudication. Usually, people have valid employed in scientific literature to indicate a customs to manage conflicts in their societies. state of disagreement or opposition [1]. Conflict is defined as disagreement or dissonance [3] asserts that customs appears to exacerbate within or between social entities [2]. According or restrain conflicts from destroying the fabric of to [3], conflict is a struggle over values or social order. In societies where there are no claims to status and scarce resources in which offices with established authorities to control the aim of the conflicting parties is not only the quarrels and to enforce formal laws, there desired values but also neutralizes, injures or were/are well-established and recognized eliminates their rivals. Conflict is an expression codes or laws of convention and rituals. of the heterogeneity on interest between two or Relatively speaking, there are various more individuals/groups [4]. indigenous conflict resolution mechanisms worldwide. Particularly, Africa which consisted [5] have stated that, it is from down of human multi-cultural, multi-ethnic, and multi-linguistics history that communities have been competing societies possessed various indigenous for resource controls and dominance. These mechanisms of managing conflicts. competitions inevitably led individuals as well as social, political, economic and religious On the basis of a given belief in a given society, groups to conflict. It is true that conflict would the conflicting parties are abided to be have devastating effects and it is undesirable. governed by their traditional codes. Ignoring However, conflict is unavoidable and it has a these traditional laws would invite risks of character of persistence in one way or another. exclusion from that society. Elders play a central role in these mechanisms, reconciling No society in this world loves conflict. However, the conflicting groups according to the norms as long as people live together, work together, and forms prevalent in their respective areas and interact with each other, disputes remain [7]. inevitable between sub-groups or individuals in a group, or between different groups. When Similarly, Ethiopia is a land of varied nations, these disputes are fuelled by emotion and nationalities and people possessed complex become unsolvable, they develop into intra and cultural make-ups in which each deserves its inter-group conflicts. The source of the conflicts own peculiar cultural, socio-political and course could be the incompatibility of the objective or of historical development [3] and [8]. subjective interests of the groups or individuals Among these diverse ethnic groups, Oromo is [6]. This implies that, in the interactions, one one of the Cushitic people and the largest may violate the interest of the others and could ethnic entity in the country [9]. Like other ethnic cause damages to them. groups, have their own The forms of conflict resolutions are likewise as indigenous conflict resolution mechanisms. diverse as those forms of social conflicts. [4] Among these, Jaarsa Biyyaa institution

GJR: https://escipub.com/global-journal-of-religions/ 2 Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2 (community elders), Qaalluu institution, Gumaa 1.4.1. General Objective (blood compensation), and Seera Kakuu (law of The general objective of the study is to examine oath) are practiced as mechanisms of conflict the role of customary conflict resolution resolution in Dawo district, which is the subject mechanisms in Dawo district a of Oromia of this research. Dawo district is located in national regional state. south west shewa zone of Oromia National 1. 4.2. Specific Objectives Regional State its capital is Busa town, located 96 km from . The specific objectives of this research are; 1.2. Statement of the Problem 1) To identify the causes of conflict in Dawo district. Conflicts among the Oromo have been handled 2) To examine the types of customary at the grass root levels by societies themselves conflict resolution mechanisms in the by using several conflict resolution study area. mechanisms. Oromo people for so long years 3) To find out the role of customary conflict have developed own unique political or resolution mechanisms in the study area. administrative, economic, social, and judicial 1.5. Significance of the Study systems. The study may serve as useful input for those Similarly, the Dawo district people practice and interested researchers to practice their studies use several customary conflict resolution on related topics. It may contribute to the mechanisms in order to solve conflicts which understanding of the characteristics of these have occurred in social life, and to address the indigenous institutions of conflict resolution. cause of conflict and seek to build solidarity, peaceful and good relationship within 1.6. Limitation of the Study themselves and their neighboring societies. I am an Oromo and a native speaker of Oromo There is no anthropologist studied the area and language. Thus, I had no language constraints role of conflict resolution mechanism of Dawo and culture barriers. Nevertheless, it does not district here before. No attempts have been mean that I accomplished my study without made to study of Jaarsummaa, Qaalluu, Kakuu encountering any problem. Time constraint was and Gumaa in anthropological perspective in the major problem. I only had one fieldwork Dawo district. Therefore, the study’s primary which is too short time for an anthropological intention will be to fill these gaps and to study. Hence, due to shortage of time in increase the understanding of how the fieldwork, it was difficult to cover all kebeles in customary conflict resolution mechanisms the district. Also, the translation of data from manage the conflicts among the people of Afan Oromo to English was consumed more Dawo district. time and difficult task for me. 1.3. Research Questions 2. Materials and Methods I addressed the following questions in my 2.1. Research site research; Dawo district is one of the districts in south 1) What are the causes of conflict in Dawo west shewa zone among the districts of south district? west shewa of Oromia regional state. Dawo 2) What are the major customary district is bordered in the south west, by , mechanisms of resolving conflict in in the west and north by , in the east by Dawo district? and in the south east by Bacho. It lies 3) What are the roles of customary conflict between 8045’N Latitudes and 38010’E resolution mechanisms? Longitudes. The capital town of Dawo is Busa. 1.4. Research Objectives Dawo district has estimated area of 426.88 GJR: https://escipub.com/global-journal-of-religions/ 3 Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2 square kilometers. It located 96 kilometers from population of Dawo district. This Addis Ababa. Dawo has an estimated includes, rearing of cattle, sheep, goat, population density of 197 per kilometers [10]. donkey and horses. However, the 2.1.1. Demography productivity of livestock is very low due to shortage of open field of grazing, lack According to [10], the total population of the of adequate veterinary services and district is 84,336 of whom 42,815 were men animal rearing in general is mainly and 41,521 were women; 3,779 or 4.48% of its traditional focusing on quantity rather total population were urban dwellers. than quality of the animals. Trade also 2.1.2. Climatic Conditions has a role as a source of income of the The study area is characterized by people of Dawo district (Source: Focus Baddaa (temperate), Badda-Daree (sub- Group Discussion, May, 2019). tropical), and Gammoojjii (desert) 2.1.4. Religions of the Study Area climatic zones that account 45%, 40% According to [10] report, the major religions and 15% of the district respectively. The practiced in the district were Orthodox two main rain seasons of the study area Christianity (92%), Protestant (3%), Muslim are summer and spring. The summer (2%) and Waaqeffannaa (3%). rain falls during June, July and August. The spring rain is from March to April. According to my informants, before the The mean annual rainfall of the district expansion of the modern religions such as was estimated to be 800mm - Christianity and Islam, Oromo people had 1200mm/year (Source: Interview, May, exclusively practiced their own believe system 2019). known as Waaqeffannaa. It is a form of traditional believes system where its 2.1.3. Socio – Economic Conditions practitioners believe in (God/creator). Due to Agriculture is the dominant economic the spread of Christianity and Islam, activities of the population of Dawo Waaqeffannaa has declined. However, now a district. Among the primary economic time, the followers of this religion are increasing activities, crop production and animal in the district and the religion is reviving. husbandry are the major ones. Due to its 2.1.5. Ethnic Diversity of the Study Area climatic diversification, the district is suitable for production of different kinds According to [10] report, the two largest ethnic of crops. The most important crops groups are Oromo (93%) and Amhara (6%) and grown in the area are wheat, barley, the remaining one percent is other groups. In maize, teff, peas, beans, nug, sorghum terms of language, Afan Oromo is spoken by etc. Among these, wheat, barley and teff 98% and is spoken by 2%. are the most widely cultivated types of 2.1.6. Descent Organization among the crops in Dawo district. Crop production is Dawo District Oromo by large carried out using traditional Oromo people trace their descent in unilineal farming system and traditional form known as patrilineal descent or through technologies. However, the use of the fathers’ line. Similarly, the Dawo district modern mechanized tools such as Oromo count their descent through their Tractor and harvesting with Combiner is fathers’ line. In this manner, they are organized a recent practice. In addition, animal into family, sub lineage, lineage, and clan. In husbandry is also another major this descent organization, family is the small economic activities and source of unit of descent organization and easy for income for both rural and urban everyone to understand who belongs to whom. GJR: https://escipub.com/global-journal-of-religions/ 4 Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2 Sub lineage is the form of organization that she is not asked by for marriage anybody, constitutes a number of various families and when she is considered not beautiful and due to also easy to understand each other. her family’s social background. The other descent organization of the Dawo Dhaala (Inheritance) type of marriage takes district is lineage. It is a combination of different place between a woman whose husband has sub lineage. Hence, lineage is more complex died and brother or relatives of the deceased form of descent organization than family and husband. This is to maintain the family of the sub lineage. Clan is also a descent organization deceased man. The Abbaa Buddeenaa (step that people trace their descent. It is the most father) has high responsibility for that family. complex descent organization and difficult to This type of marriage is practiced only one year understand each other than other descent after the death previous husband. organization. Because, clan is composed of Abaabbalaa is another type of marriage in the different family, sub lineage and lineage. district. According to this type of marriage, the 2.1.7. Marriage System of Dawo District groom and bride agreed to engage in marriage Marriage has different rules in Dawo district and without prior knowledge of their parents. If the the day of the wedding ceremony is considered two agrees, the boy can take her when she is as exceptional day in the life of the bride and ready to do so. In most cases, the girl takes this groom. There are six types of marriage form of marriage as a final option when her practiced among Dawo district Oromo. These parents want to engage her to another boy are Kaadhimmachuu (betrothal), Dhaala whom she does not want. (inheritance), Abaabbaltii (marriage that takes Butii (abduction) is a type of marriage which is place by convincing the bride without engaging practiced by using force in this wereda rarely. the parents), Aseennaa (the situation in which This usually takes place when the boy is girl enter the home of the man without his rejected by girl’s parents, by girl herself and if permission), Butii (abduction) and Irra dhaaba he has economic problem to conduct formal (marriage that takes places urgently without marriage ceremony. One After the Butii takes appointment). place; the groom’s family sends Jaarsa Araaraa Kaadhimmachuu is the most widely practiced (elders) to the bride’s family to settle the matter. type of marriage in Dawo district Oromo. This Irra- dhaaba is indirectly it is a forceful type of marriage is almost arranged by the marriage, which is practiced in a hurry. It is parent’s of the groom and bride through the asking a girl for marriage which is done by mediation of elders. The boy’s parents enquire breaching appointment arrangements or it is Abba torba (seven generation) of the bride’s asking a girl for marriage without prior family to make sure that families are not related arrangement [11]. This marriage takes place in by blood. If they are related to each other in rare occasions. It takes place when the boy is less than seven generation, it is considered as from a socially despised group or when he is haraamuu (incest taboo). hand caped. The exceptional feature of this Aseennaa is a type of marriage which is marriage is the girl and her parents do not have common next to Kaadhimmachuu. This type of any prior knowledge until the boy accompanied marriage is practiced by a girl whose marriages by a group of men of different social classes age her passed according to the local arrive at the gate of the girl’s parents. perception. Simply, when girl takes this form of 2.2. Data Collection Methods marriage due to the following reasons. These To collect data for this study, interview are; when she goes beyond the standard of (unstructured interview), focus group discussion marriage set for girls as socially agreed upon, if (FGD), and case study were employed to

GJR: https://escipub.com/global-journal-of-religions/ 5 Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2 generate data from different sources. In 2.2.5. Data Analysis addition to the primary data, secondary data Data analysis is one of the most important was used. stages of any research. It is a step-by-step 2.2.1. Interview (unstructured interview) examination of issues and their connections. In I used as the preliminary data collecting anthropological studies, analysis is an methods to obtain relevant information. I also instrument to extract meanings from the used interview to examine the people’s information obtained during the field work [12]. attitudes towards indigenous conflict resolution Any researcher has the responsibility of and also to know the procedure of indigenous analyzing data to meet his/her objectives as conflict resolution mechanisms which are being well as to make the findings ready for scholarly practiced in the study area. The interview consumption. The analysis is guided by the involved different categories of people. research questions and objectives. In general, Therefore, through this method, I got relevant the qualitative data of this study was presented information for this study. in a descriptive form. 2.2.2. Case Study 3. Results and Discussion I also documented a number of different actual There are multiple causes of conflict among dispute cases that occurred in the study area in Dawo district society. These are arising from the last few years. Then, I identified dispute economic, and social and cultural interactions. which was/were solved through Gumaa (blood 3.1. Conflict due to Land compensation), Qaalluu institution, Seera In Dawo district most of the time, conflicts are Kakuu (law of oath), and Jaarsa Biyyaa arise over land. These conflicts are conflict institution. In all case materials, I used pseudo between households, neighborhood and names for ethical reason neighboring communities’ overland rights and 2.2.3. Focus Group Discussion (FGD) boundaries, inheritance related conflicts among It mainly helps generate additional information family members, and conflicts arising from through discussions and the focus group household mobility, generational conflict over discussion participants reminding each other. land use are common. Therefore, I used this method to gather diverse Land related conflict is divided into four information on advantages, disadvantages, and categories. i) is caused by boundary procedure of indigenous conflict resolution trespassing. Most of the time, this kind of mechanisms. On these specific issues, different conflict occurred between two neighbors when people may have different views. Thus, to look one of the two trespass boundary of another. at views of different individuals and even to The community in the region use trees, ditch, assess their level of understanding on this small rivers and others to demarcate the issues. boundary of their agricultural land. The symbols 2.2.4. Secondary data gradually may disappear due to natural force or by themselves. The disappearance of border Primary data need to be supported by previous demarcation brings boundary disagreement research and other documents in order to make between individuals. Due to this reason, conflict this research richer in data and strengthen the would occur between the individuals. ii) is land argument for its accomplishment. Hence, I used related types of conflict because of the transfer secondary data such as available books, of land. This type of conflict is corresponding to proceedings, research reports, journals articles, transfer of land from one person to another in newspapers, electronic materials and other the form of lease contract. People transfer their relevant literatures on the indigenous conflict farm land to other people through local resolutions, and the people of the study area. GJR: https://escipub.com/global-journal-of-religions/ 6 Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2 agreement for few years. Most of the time, individuals, groups or parties are prejudiced or people rent land to produce different cereals threatened on the basis of their cultural such as barley, wheat, maize, teff, and others. practice, custom, religion, belief system, and When the contract comes to end, there is a lack clan. As a result of this, many people are of willingness to return the land to its owner(s). labeled as child of witchcraft, child of weaver, The giver and the contractor may dispute at the child of evil eye, child of leaper, child of end of the day due to unwillingness to return scratchier and child of smither. These types of the land to its owner(s). Third, conflict arises connotation are the main factors for socio from inheritance. It is when unequal division of cultural based conflict in Dawo district. land carried between families members, conflict 3.4. Marital Conflict may occurs. It usually occurs when a husband Conflict some times, occur between the couples has more than one wife. In this process of due to the ownership of property that they division of the land, one/more than two accumulate before and after get married. When members of the family may not be satisfied. So, such type of issue is present to the modern in this way conflict arise among the family court, decision may be passed in unfair members. manner, if disputant parties have no evidence. Fourth, the conflict may be arising when the For these reasons, someone is defeated at land of individual is taken by the local formal court on false witness in relation to authorities for different purposes. To sum up, ownership of property or other he/she could land is the most frequent cause of conflict in bring the case to the institution of traditional Dawo district. belief to get spiritual justice. Hence, at the 3.2. Conflict Caused by Theft institution the disputant would be gathered to swear in the name of Qaalluu institution and tell In Dawo district, illegal activities such as quarrel the truth. Thus, fair justice would be passed, with each other and theft are predominant. The conflict would be resolved. use of firearms for theft or for threatening people and slaughtering their cattle is illegal 3.5. Conflict over Natural Resources activity among the Oromo as a general and It is among the basic source of conflict for Dawo district as a particular. Most of the time, Dawo district people. Hence, it creates high people involved in conflict due to theft when the competition and tension over grazing land and person who lost his property suspect someone water resource. The problem is even worse at without certain evidence. During harvest and, the time of drought and famine in the area, mostly at the time of threshing the cereals which costs thousands of their livestock and might be lost in during the night and those who compromises their survival as human being in committed the theft remain unknown. When the the area. individuals’ belief that he/she can commit a 4. Customary Conflict Resolution theft without getting caught, they are more likely Mechanisms in Dawo District. to steal more. 4.1. Jaarsa Biyyaa Institution So, the community in the area uses the ‘Jaarsa The Oromo people in general and Dawo district Biyyaa’ (community elders) as well as in particular have a well-established culture and traditional belief system in order to detect the custom of resolving and preventing conflict wrong doer and reduce the tension before it called Jaarsummaa. Jaarsummaa is a escalates to conflict between individuals. traditional mediation by community elders, is a 3.3. Socio-cultural based Conflict common method of conflict resolution that has Socio-cultural conflict arises between been used across all Oromo clans. In Oromo individuals, groups and parties. When an society, almost all types of conflict were/are GJR: https://escipub.com/global-journal-of-religions/ 7 Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2 resolved through Jaarsummaa which is carried 4.1.1. Selection Criteria of Jaarsa out by an institution called Jaarsa Biyyaa Elders who participate in the Jaarsa Biyyaa (community elders) or Jaarsa Araaraa (elders institution have own criteria to be selected. of reconciliation). Elders between 3- 6 will be selected for a single Jaarsa or Manguddoo literally ‘old men’ have case. The criteria for selection are not age or moral responsibilities to settle conflicts and kinship based. One criteria for selection is by establish peace and security in their virtue of his good reputation, his extensive and community. They are supposed to resolve any good knowledge of aadaa and seera ‘custom kind of conflict that may come across in their and law of the Oromo. Individual talents and community. They either resolve it on the spot or experience in dealing with conflict, altruism and fix a date, usually weekends or holidays to willingness to give his time to reconcile the mediate the disputants. The term Jaarsa parties in dispute are also important factors for according to age grades of Gada system refers selection. to an Oromo man whose age is 80. Jaarsa also In addition, where possible, Dawo people means ones husband. But in the context of choose Guulas (who passed in generation conflict resolution, in the term refers to any class of Gada system) especially for more person (male) who participates in the process serious matters. Guulas as legislators which of settling dispute. It refers to the role of the are believed to have knowledge of the Oromo person rather than his age [13]. The Jaarsa law and are responsible to restore peace and Biyyaa is literally elders of the country. harmony in the community. It is also believed However, the term Biyyaa in this context bears that Waaqa ‘god’ responds to the prayer and the meaning ‘community’ rather than its literal curse of Guulas. meaning ‘country’. So, the term Jaarsa or Regarding the procedures of choosing elders, Jaarsa Biyyaa refers to any adult with the role there are some steps. of resolving conflicts. Through Jaarsummaa, the Oromo people in general and Dawo district 1. Both parties may commonly choose in particular have been resolving various types whom they think are neutral and would of interpersonal or inter-group conflicts ranging handle their case efficiently and from minor clashes to violent conflicts which impartiality. The Dawo people call these involve homicide. elders as Jaarsa waltajjii (stage elders/common elders). The elders are often selected by the disputants 2. Each of the parties may nominate elders or closer relatives of the disputants. Usually, from their own side and comment on the the elders with good knowledge of the nominee of the opposite side. In this customary law and traditional norms of the procedure, the group to be set is the one society those with good reputation for their in which both parties put their trust. neutrality and rhetorical skills of persuasion are 3. Both parties may independently choose selected as Jaarsa Biyyaa or Jaarsa Araaraa. their own Jaarsa whom they think would Especially, elders whose ancestors had once favor them. These elders are called held a Gada office are often preferred for Jaarsa bitaa fi mirgaa meaning ‘the mediation because the decisions of such elders elders of the left and the right’. are often respected because they are believed 4. A third party who is directly/indirectly to have good knowledge of the seera fi heera concerned with a particular conflict may Oromo ‘Oromo law and custom’. Generally, also select elders and take the initiatives Jaarsa Biyyaa institution is the most widely for the reconciliation process. used customary conflict resolution mechanism 4.1.2. The Structure of Jaarsummaa in Dawo district.

GJR: https://escipub.com/global-journal-of-religions/ 8 Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2 The elders are often selected on adhoc basis. the wrong doer does not take the rule of the However, among the Oromo such as Dawo church, and resist it, the Jaarsa waaldaa pass district of the study area, there are individuals decision like exclusion from the church. who are chosen permanently to give Additionally, Jaarsa waaldaa also follow the Jaarsummaa service. These elders are called family issues of the protestant societies. For Jaarsa Shanachaa (the fives of the lineage). instance, if dispute occurs in one family These are selected by the community based on especially between husband and wife, the case their skill to solving and managing the conflict. directly go to the Jaarsa waaldaa rather than These elders have own place where they formal court. Then Jaarsa waaldaa settle their discuss with together on the issues of the dispute by giving advice. Generally, Jaarsa community in every week or month. When the waaldaa usually have their own plan and conflicts arise among/ between the parties, the program to discuss on the issues of the disputants directly address their cases to the protestant society and also have their own Jaarsa Shanachaa and resolve their conflict. In codified laws which govern and guide the some part of Dawo district, there is no society. structured Jaarsa Biyyaa institution. That 4.1.3. The procedures of Jaarsummaa means, disputants call elders/people from their neighbor only when conflict occurred. The Jaarsa Biyyaa is selected by the disputants (separately referred to as himataa (compliant) The other structure of Jaarsummaa is Jaarsa and himatamaa (defendant) or elders may take waaldaa (church elders). It plays great role initiatives to solve the conflicts once cases are especially among the followers of protestant referred to them. Then, the elders first listen to Christianity in Dawo district. According to my what both parties have to say. Then, during informants, most of the time, Jaarsa waaldaa Jaarsummaa session, the first turn is given to are odd in number. Because this odd number the compliant. Then, to the defendant. The turn- implies that when Jaarsa waaldaa want to taking process is carefully managed and decide on one issues of the society, the number everybody is expected to talk only when he/she of Jaarsa waaldaa who support and resist the is given a chance from elders. Any kind of issues are not equal. That means, the number interruption by the disputants is punishable. of jaarsa waaldaa who support the issues may The punishment is called Barcuma Jaarsa be less or more than the number of Jaarsa Kaasuu meaning ‘stand the elder’s chairs’. The waaldaa who resist the issues to decide. But elder’s chair stands by paying money for the not equal. So, if they are not equal, it is elders. Then, the elders contact others in the comfortable to decide by majority vote. neighborhood of the disputants to verify If the numbers of Jaarsa waaldaa are even in necessary facts. Then, in the next meeting or number, the number of the supporter and who the disputants are called separately and resist the issue may be the same. Hence, if advised to compromise or it is known as their number is equal it will be difficult to decide maqoo. The wrong doing party would be by majority vote. Jaarsa waaldaa also do many advised to admit the offence and the truth to things in the church of the followers of the the other party, and the wrongdoer party also religion. For instance, they give counseling would be asked to give in some way to the service, settling conflict or dispute may occur in offender in return for the truth, for the sake of the church without going to formal court system the clan or the lineage and the elders, so that and make different law regarding the societies persistent hostilities are mitigated. of the protestant followers. Jaarsa waaldaa Among the Dawo district people, Jaarsummaa most of the time, do not punish the wrong doer has four major phase; these are; rather than advising that person. However, if

GJR: https://escipub.com/global-journal-of-religions/ 9 Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2 a) Dubbii banuu (Opening phase) again divided into two, they proved that Tola b) Waliif dhaggeeffachuu (Hearing) indeed trespassed the land of Chala. Then, c) Mariif maqoo (Discussion) elders reconciled by putting boundary for them. d) Araaraa (Reconciliation). These phases 4.2. Kakaa (Oath) consist of several sequences. Kakaa is one of the mechanisms of conflict Among the Dawo district, the opening phase of resolution in Dawo district. It is considered to be Jaarsummaa sessions often begins with the very dangerous mechanism and what to be elder’s eebba/kadhaa blessing and prayer’ in taken if someone has committed the crime. The Jaarsa Biyyaa institution of the Oromo as a main purpose of taking an oath is to justify general, blessing and prayer is a common whether an individual is free from the act or not. cultural practice. Kakaa can be taken using material cultural On hearing phase, the elders give a chance for objects prepared for such purposes such as the disputants to present their part of the case. ash and knife. The assumption is that if the Then, the disputants present their case without defendant accepts to take a Kakaa, it means interrupting one another. The hearing is open to that he was not the wrong doer. But if the real allow the disputants to cross examine each wrongdoer is found out by this process, the other to find out the truth. If the wrong doing elders will proceed to redressing the claimant party makes admissions without going to other and consolidate the reconciliation process. procedures, the elders directly enter into Depending on the nature of conflict, the discussion on how to reconcile the parties. If wrongdoer would be made to pay the defendant denies the claim, the case will compensation or do other things as found proceed to the next step which is the evidence commensurate to the wrong done. hearing process where the claimant will be Case II: Gabi is living in Dawo district Sedare asked to produce witnesses and/or other Arbu where the dense forest of the wereda is evidences. If the evidence by the claimant located. In 2013 his two sheep were lost in this could not establish the truth about the forest. Searched for a week but could not get defendant’s commission of the said wrong, the his sheep. There is a well known thief that is defendants will be required to take kakuu (an known by the society in the village. His name is oath). Teman. Then, Gabi suspected Teman for his Case I: Tola and Chala are living in Dawo sheep. Now, he has no evidence rather than district Dera Ilanso kebele. They are neighbors. suspicion him. Then, Gabi decided to take Also, they have grazing land in common and Teman to Kakaa. Then, Gabi took a case into used it together for a long period of time. In elders who permanently give this service. Then, 2013 they disagree on the guarding of this land. elders command Teman to call six relatives Then, they decided to separate this land into both from his father and mother side as well as two equal parts. They divided it by using the from neighbors who swear to purify him from elders of the neighborhood. Then, they signed this case. After two weeks, his relatives came to approve their agreement in front of the and spurn to swear for him. According to Seera elders. Tola changed his land to farming. But Kakaa (oath law), if once relatives refuse to Chala uses his land as it is for grazing. swear for somebody, that person will be Gradually, Tola trespassed the land of Chala. considered as wrongdoer. In this case, all Then, Chala asked him “why you trespassed Teman relatives and neighbors reject to swear my boundary?” then, Tola did not accept the for him and Teman considered as a thief. Then, idea of the complaint. Then, Chala took the Teman accepted what elders decided to pay for case to the elders who had divided the land. Gabi and also paid some amount of money that Then, when elders measured all of the land and is locally decided for the elders. GJR: https://escipub.com/global-journal-of-religions/ 10 Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2 4.3. The Qaalluu Institution Qaalluu courts are often considered supreme Qaalluu institution is one of the mechanisms of and disputants often accept their decisions and conflict resolution and maintains social orders. speak the truth mainly for fear of punishment Qaalluu institutions also resolve often difficult arising from the spirit of the Qaalluu. conflicts through the process of mediation and Additionally, this institution also works with the adjudication. It is based on sprit possession primary goal of creating reconciliation and mediumship. The Qaalluu is a person who forgiveness and removing the feeling of enmity serves as a medium for the Ayyana (sprit) and between disputants. The Qaalluu institution still is believed to have a capacity to communicate serves as a mechanism of conflict resolution with Waaqa (God). The Qaalluu is believed to among the Oromo people in general and Dawo be a spiritual leader who has Ayyana (sprit). district in particular. The Ayyana dwell in the individual Qaalluu and 4.3.1. The Selection of Jaarsa Yaboo speaks through his mouth during possession. In Qaalluu institution, the selection of Jaarsa Both are inseparable. It serves as an Yaboo has its own criteria. These are personal intermediary between the human and the relationship with the Qaalluu, one’s good Ayyana (sprit). In most cases the Qaalluu reputation; wisdom, honesty, thoughtfulness, inherits the position and capacity from his and willingness to serve at Qaalluu court come forefathers. into play in choosing the Yaboo elders. The Qaalluu adjudicates alongside the Jaarsa Sometimes Qaalluu himself acts as Jaarsa Araaraa (the elders of reconciliation) cases may Yaboo. be taken to the Qaalluu if the elders are unable 4.3.2. Types and Context of the Cases of to solve the cases or if it relates to ritual cases Qaalluu Institution such as ritual appeasement or rifting of curses The cases appealed to Qaalluu if the injured or serious matters. The Qaalluu has sufficient parties are unable to testify the truth of the case authority to render his decisions effective and or if the Jaarsummaa system bears no fruit. definitive. The institution has the jurisdiction to The Qaalluu never dismisses a case on the pass judgment upon any kind of matter from ground that the evidence is not conclusive simple cases to homicide. In Qaalluu court, enough. The defendant possibly proves his either the Qaalluu himself serves as a innocence through oath in the absence of any judge/mediator or appoints honest and wise witness. The failure or refusal to take oath to elders of the community. These elders are prove one’s own innocence is an indication that called Jaarsa Yaboo and often permanently the person is guilty. serve in a given Qaalluu institution. The Qaalluu proceedings are held in Qaalluu ritual Case III: Tamasgen is living in Dawo district center known as Galma (Qaalluu’s site). Gombisa Kusaye kebele. In 2014, his horse was stolen by somebody. He searched here People take their cases to Qaalluu on two and there and was not enable to get it. He went occasions; everywhere in Dawo district, Bacho wereda and 1. When disputants are not happy with the even some part of Saden Soddo to search his outcome of the mediation by the horse. He did not get it. A year before, he community elders. clashed with a person named Ahmed in this 2. When disputants could not come up with kebele. Hence, Tamasgen suspected Ahmed sufficient evidence to substantiate their for the case. Then, Tamasgen called him to claim in which case, the Qaalluu Qaalluu institution named Warra Haadha summons the respect and make him/her Goraa. In Dawo district, this Qaalluu institution prove his/her innocence by taking an won respect and considered as dangerous. oath. GJR: https://escipub.com/global-journal-of-religions/ 11 Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2 Then, Ahmed went to the Warra Haadha Goraa Oromo, offences that cause bleeding or lose of Qaalluu institution with Tamasgen. Then, one’s body party and cause death are Ahmed accepted that he stole Tamasgen’s considered as Gumaa. horse. Then, the Qaalluu institution passed a Case: Guluma is living in Dawo district Rache punishment/fine on Ahmed to pay an estimate Kusho kebele. In 2012 he clashed with a price of the horse and fine for Qaalluu person whose farm land is near his farmland. institution. Then, Ahmed accepted the decision His name is G/Mikael. For a long time, they of Qaalluu institution to pay all compensation. disagree on their boundary of farmland and Then, the Qaalluu institution reconciled them so they reconciled by elders frequently. Then, that they have long lasting relations with each Guluma one day sowed seed by trespassing other. the boundary of G/Mikael. After four days, 4.4. Gumaa (Blood Compensation) G/Mikael turn over the seed of Guluma. Then, Gumaa is one of the customary conflict Guluma heard the act of G/Mikael from his resolution mechanisms. It is highly procedural children. Then, Guluma took pistol and shoot and has elaborate ritual mechanism of G/Mikael and killed him. Guluma then vanished resolving conflicts related to murder. The term to somewhere. Then, the clan of Guluma Gumaa refers to the general institution of started to requesting G/Mikael’s clan to accept settling blood feuds between two persons, blood compensation by sitting on a place where families, groups, clans and communities. The they can be seen by other Tulluu Rache (a word loosely used for different concepts. For mountain which is found in Dawo district). the speaker of Afan Oromo, the term has the Guluma’s clan continued their request for eight meaning of vendetta, vengeance and revenge. months. Finally, the G/Mikael’s clan offered to Gumaan koo hin haftu literally means my reconcile. Then, Guluma’s clan and G/Mikael Gumaa would not remain’; contextually, it clan’s represented own mediators for flow of means I would revenge. Gumaa also refers to information between the clans. After three blood price or compensation that follows weeks, they fixed a day of reconciliation. Then, homicide or serious bodily injuries. Gumaa the mediators of two clans bought a sheep baasan meaning they paid blood price and which has only one color. The mediators of the Gumaa fudhatan meaning they received blood clans as well as other members went to the price. Also Gumaa is employed to mean feud. river and they stood opposite of each other. Nuti warra gumaati meaning we are in feud with Then, the representatives of each clan come them. together in the middle of the river with sheep. Then, they pierce the belly of the sheep alive. Similarly, it refers to the ritual of purification that Then, they exchanged grass through the follows homicide/body injures. The term also abdomen of the sheep and spread the blood of has the meaning of the things. For instance, the sheep with grass to own clans. Then, they midhaan Gumaa tokkoo hin qabu meaning I do threw the sheep to the river and went to the not have even a grain. Gumaa further has the house with together. Then, they started to eat meaning of pupil. Gumaa ija isaatu bade from one maaddii (dish). meaning he lost the pupil of his eye. Conclusion However, throughout this senior essay, I strictly employed it as a mechanism of conflict In this world, there is no society who loves resolution. In this type of conflict resolution, the conflict and also no one can live alone. offender pays compensation or blood price for However, as a result of day-to-day interaction the victim’s parents or relatives and officially process, conflict would be occurred. It occurs apologies to the relatives of the victim. Gumaa whenever people disagree over their values, also refers to the type of offence. Among motivation, perceptions, ideas or desires. GJR: https://escipub.com/global-journal-of-religions/ 12 Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2 Regarding the concept of conflict, there are mechanisms like Jaarsa Biyyaa/Jaarsummaa many theories like individual characteristics institution (community elders), Qaalluu theories, social process theories, social institution, Gumaa (blood compensation), structural theory, structural functional theory Kakaa (oath). These mechanisms are use to and game theory. Each of these theories has manage conflicts on three different levels. their own perspectives that shape the causes These are; to prevent conflict from occurring; if and definition of the term conflict. Beside the it might occur, to prevent escalation; if it occurrence of conflict, human beings use escalates, to make peace between the parties different mechanisms like mediation, through intervention of third party. adjudication, negotiation, separation/avoidance Similarly, in Dawo district which located in to fully resolved whenever they occur or south west shewa zone of Oromia regional prevent them from further escalating. The ways state, there are various customary conflict of conflict resolution is always deals with the resolution mechanisms which people use in root cause of conflict and eliminating them by their daily life to settle or resolve conflict. These altering and restructuring the institutions forces mechanisms are; Jaarsa Biyyaa (community and systems that perpetuate such conflict or elders), Qaalluu institution, Kakaa (oath), simply when the root causes of that particular Gumaa (blood compensation). All these conflict are identified and addressed. mechanisms have their own structure and Most of the time, conflicts are resolved through procedure when they are apply to resolve customary conflict resolution mechanisms conflicts. which comprise social, economic, cultural and Acknowledgement religious spiritual dimensions in accordance I would also like to thank Dawo wereda elders with the entirety of traditions, customs and and other informants who attained my interview world views of a society within the different and focus group discussion up to end. Next to sphere of societal life. Hence, customary these, I would like to extend my appreciation for methods are holistic and consensus based and all people who helped me in providing often involves the participation of all parties as materials, giving suggestion and comment and well as the entire community. These customary editing my study. Finally, I would like to extend conflict resolutions mechanisms have their own my appreciation for some special people in my advantages and disadvantages. For instance, life. I am very grateful to my families and friends like minimize the shortage of judges who works especially my mother Disatu Berisa and my in regular courts and budget constraints, father Lemu Bekelcha, my wife Aregash Eticha cultural relevance are some of their advantages (Hareg!) and also my brother Reporter and abuse of power, lack of accountability are Teshome Lemu for standing beside me and shortcomings of these mechanisms. These motivating me in my study customary conflict resolution mechanisms are well known in Ethiopia. Most of nation, References nationalities and peoples of Ethiopia have 1. Kriesberg, Louis (1996). Social Conflict: in the developed widely and effectively used social science encyclopedia: London: Rutledge. 2. Assefa, Abebe (2001). Indigenous Mechanisms customary conflict resolution mechanisms for for the Presentation and Restoration of Conflict: the prevention and resolution of conflicts. the experience of Oromo in Ethiopia: paper Particularly, among the Oromo, Amhara, Tigre, presented to the work shop on conflict in the horn: presentation and resolution: organized by Gurage, Afar, Kembata and the like are widely OSSREA; Addis Ababa: Ethiopia. used customary conflict resolution 3. Abebe Demewoz, Samson Seid and Tessema mechanisms. Among the Oromo, there are Gebre (2015). Indigenous Conflict Resolution various customary conflict resolution Mechanisms among the Kembata Society:

GJR: https://escipub.com/global-journal-of-religions/ 13 Kebede Lemu Bekelcha and Aregash Eticha Sefera, GJR 2019,1:2 American Journal of Educational Research, 2015, Vol. 3, No. 2, 225-242: Science and Education Publishing. 4. Schellerberg, James (1996). Conflict Resolution: Theory, Research and Practice: Albany: State University of Newyork Press. 5. Pruitt, D.G (2001). Conflict and Conflict Resonation: Social Psychology: in international encyclopedia of the social and behavioral science: Amsterdam: Elsevier Science ltd. 6. Fetherston, A.B (2000). From Conflict Resolution to Transformative Peace Building: reflection from Croatia Centre for conflict resolution: department of peace studies: Bradford University. 7. Dejene Gemechu (2002). Some Aspects of Conflict and Conflict Resolution among Waliso Oromo of Eastern Macha, With Particular Emphasis on the Guma (MA Thesis): Addis Ababa University: Ethiopia. 8. Giday, Degefu (2000). In Introductory Inquiry into the Salient Features of Traditional Mechanisms of Conflict Resolution in Gurage, Amhara, Oromo, and Tigre Societies: Ethiopian International Institute for Peace and Development (EIIP) press: Ethiopia. 9. Dejene Aredo and Abdurahman Ame. 2005. Indigenous resolution in pastoral Areas of Ethiopia: The case of the well council and Arara of Borena. Research report, Organization for Social Science Research in Eastern and southern Africa (OSSRESA). Addis Ababa. 10. Population and Housing Census of Ethiopia (2007): Results for Oromia Region. 11. Gemechu, Beyene and Assefa, Tolera (2006). Marriage Practices Among the Gidda Oromo, Northern Wollega, Ethiopia: Nordic Journal of African Studies 15(3): 240–255 (2006) 12. Teshome, Emana (2014). The Transforming Power of Urbanization: Changes and Uncertainties among the Farming Community in Laga Xafo-Laga Dadhi Town, Ethiopia (PhD Dissertation): Addis Ababa University: Ethiopia. 13. Alemu, Disassa (2013). A Discourse Analysis of Jaarsummaa; A Traditional Method of Dispute Resolution by the Community Elders: Arsi Oromo in focus: Addis Ababa University.

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