A Critical Analysis of Indigenous and Modern Policing in Ethiopia
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A CRITICAL ANALYSIS OF INDIGENOUS AND MODERN POLICING IN ETHIOPIA By HASSEN SHUFFA ABKADIR Submitted in accordance with the requirements for the Degree of DOCTOR OF LITERATURE AND PHILOSOPHY In the subject of POLICE SCIENCE At the UNIVERSITY OF SOUTH AFRICA PROMOTER: PROF. DT MASILOANE 31 March 2014 ACKNOWLEDGEMENTS I would like to express my appreciation to the following people and organizations who have contributed to this study: First and for most I would like to express my deepest gratitude to Professor DT Masiloane, my advisor, for his invaluable comments, mentoring and aligning my topic. The study could not have been the way it is now without his selfless contribution. The study could not have been the way it is now without the selfless contribution of each one of the following people as well: Commander Toshome Gelata; Ato Ayele Mulugata; and Commander Aluma Gurma for their useful ideas, comments and support. They have given in valuable time discussing and commenting on the study. I also appreciate the support and assistance of the staff of Addis Ababa University civil service college; the Ethiopian police collage; to both library staffs of the federal police and college, the staff of the department of Human Resource, the research and planning, budget department and Federal police civil service reform department. I am particularly grateful to my secretary, Adanch Betre for taking the burden of typing and retyping this study, without whom it would have been difficult to finish this paper on time. My thanks also go to Zinash Tefera and Adanch Erkalo for their help in typing, and Taamrat Mulugeta for helping me in the tabulation of the questionnaires. Last, but not least I would like to thank my wife, Worknesh, for her support in proof reading and commenting on this papers, as well her encouragement in this study. My thanks also go to my children Senait, Redwane and Semir for their understanding of the importance of this paper and allowing me to finish it. i DEDICATION The study is dedicated to the Tigray Peoples Liberation Front (TPLF), in which I have spent most of my life. The Tigray Peoples Liberation Front has been my University by itself because most of my knowledge is attributed to it. This study is also dedicated to my late brother, Mohammed Shuffa who invested in my education and took care of me until I joined the Tigray Peoples Liberation Front. ii TITLE : A CRITICAL ANALYSIS OF INDIGENOUS AND MODERN POLICING IN ETHIOPIA By : Hassen Shuffa Abkadir Promoter : Professor DT Masiloane Department : Police practice Degree : Doctor of Literature and philosophy in Police Science SUMMARY The purpose of this study was to determine whether indigenous and modern policing can co- exist in Ethiopia. The two case studies dealt with in this research indicate that customary administration which is based on indigenous customary law governs the lives of most communities in Ethiopia. Most of the civil and criminal cases are resolved through these mechanisms, although there are always operational tensions due to some contradictions between the modern and indigenous policing systems when crime is committed in indigenous areas. This is mainly because the modern police system wants to impose its way of resolving crime while the indigenous police system want crime to be solved in the traditional/indigenous manner that have been practiced for centuries. These fundamental differences have created two parallel institutions which are both rooted in providing safety and security to the community. The research also reveals that modern policing in Ethiopia can benefit tremendously from well researched experiences and practices of indigenous policing. This does not imply that indigenous policing system is democratic and all the experiences could be relevant to modern policing, but it simply means that the identification and the sharing of best practices from both sides could lead to mutual benefits of these systems. In its conclusion the research shows that Ethiopia has the potential to develop a unique policing system that reflects its distinctive cultural heritage and that meets the needs of its people. This potential is more likely to be actualized if the country preserves and incorporate iii the best practices of both these systems and use them as integral part of the Ethiopian modern policing. KEY TERMS A critical analysis of indigenous and modern policing in Ethiopia; Can modern and indigenous policing co-exist in Ethiopia? The use of indigenous and modern policing in Ethiopia; The Ethiopian dual Ethiopian policing system; Indigenous and modern policing in Ethiopia; The role of indigenous policing system in modern policing in Ethiopia. iv Student Number: 47189819 I declare that “A critical analysis of indigenous and modern policing in Ethiopia” is my own work and that all sources that I have used or quoted have been indicated and acknowledged by means of a complete list of reference. This study has not been submitted before for any degree or examination in any other University. Signature Date: 31 March 2014 (Hassen Shuffa Abkadir) v ACRONYMS CP : Community Policing CDRM : Customary Dispute Resolution Mechanism EACC : Ethiopian Arbitration and Conciliation Centre EC : Ethiopian Calendar EPRDF : Ethiopian People Revolutionary Democratic Front IIM : Indigenous Investigative Mechanism ICIM : Indigenous Crime Investigation Mechanism OLF : Oromo Liberation Front ONLF : Ogaden National Liberation Front TPLF : Tigray Peoples Liberation Front UNSC : United Nations Social Counsel vi TABLE OF CONTENTS ACKNOWLEDGEMENTS i DEDICATION ii SUMMARY iii DECLARATION v ACRONYMS vi CHAPTER ONE: GENERAL ORIENTATION 1.1 INTRODUCTION 1 1.2 RESEARCH RATIONALE 1 1.3 THE EVOLUTION OF POLICING IN ETHIOPIA 3 1.4 RESEARCH QUESTIONS 5 1.5 RESEARCH OBJECTIVES 5 1.6 SIGNIFICANCE OF THE STUDY 6 1.7 RESEARCH DEMARCATION 6 1.8 DEFINITION OF CONCEPTS 6 1.8.1 Crime 7 1.8.2 Police 7 1.8.3 Policing 7 1.8.4 Indigenous policing 7 1.9 ORGANISATION OF THE THESIS 8 1.10 CONCLUSION 8 CHAPTER TWO: THE GLOBAL CONTEXT OF INDIGENOUS AND MODERN POLICING 2.1 INTRODUCTION 10 2.2 THE COMPLEXITY OF UNDERSTANDING THE EVOLUTION OF POLICING 11 2.3 GLOBAL PERSPECTIVE ON INDIGENOUS POLICING 12 2.3.1 Indigenous policing in continental Europe 13 2.3.2 Colonization and its impact on indigenous policing 16 vii 2.3.3 Global re-emergence of indigenous policing 22 2.3.4 The impact of professionalization of policing on indigenous policing 24 2.3 THE EMERGENCE OF COMMUNITY POLICING 27 2.3.1 The essence of community policing 31 2.3.2 Community, indigenous policing and informal social controls 32 2.4 CONCLUSION 34 CHAPTER THREE: GENERAL OVERVIEW OF THE ETHIOPIAN INDIGENOUS POLICING SYSTEM 3.1 INTRODUCTION 36 3.2 THE EVOLUTION OF THE ETHIOPIAN STATE IN RELATION TO INDIGENOUS POLICING 37 3.3 THE CODIFICATION OF THE LAW OF FETHA NEGEST BY THE AXUMITE EMPIRE 40 3.4 THE IMPORTATION OF FOREIGN LAWS 44 3.5 MODERNIZATION AND INDIGENOUS POLICING 46 3.5.1 The Evolution of the Ethiopian State during Emperor Minilek II 46 3.5.2 Modern Nation-building laws under Emperor Haile Sellassie 48 3.5.3 President Mangestu’s period: The Dergue Rule from 1974 to 1991 51 3.5.4 The Federalist period under the Ethiopian People’s Revolutionary Democratic Front 52 3.6 CONCLUSION 54 CHAPTER FOUR: THE EVOLUTION, STRUCTURE, AND THE FUNCTION OF MODERN POLICING IN ETHIOPIA 4.1 INTRODUCTION 56 4.2 THE EVOLUTION AND FUNCTIONS OF MODERN POLICING IN ETHIOPIA 57 4.2.1 The Dewaria police: the first attempt in developing modern policing 58 4.2.2 The consolidation of Zebegna from the death of Menelik until the Italian occupation 60 4.2.3 Policing During the Italian Occupation from 1936 to 1941 61 4.2.4 Policing during the British Era 62 viii 4.2.5 Independent Policing after the Return of Emperor Haile Selassi from 1941 to 1974 64 4.2.6 The State of the Ethiopian Police Force during the Dergue rule from 1974 to 1991 66 4.2.7 Modern Policing during the Ethiopian People’s Revolutionary Democratic Front from 1995 to date 69 4.2.7.1 The period from 1991 to 2003 69 4.2.7.2 Duties and responsibilities of the Federal Police from 1991 to 2003 71 4.2.7.3 Duties and responsibilities of the regional police 72 4.2.7.4 The relation between regional and federal police 72 4.2.7.5 Challenges and achievements between 1991 until 2004 73 4.2.7.6 Current situation of the federal police from 2004 until now 74 4.2.7.7 Duties and responsibilities 75 4.2.7.8 The existing federal police structure 77 4.3 GENERAL OVER VIEW OF THE IMPLEMENTATION OF COMMUNITY POLICING IN ETHIOPIA 80 4.3.1 Revision of the Early Strategy 81 4.3.2 The Outcome of the Implementation of Community Policing 82 4.3.3 Organizational change within the police 82 4.3.6 The deployment and achievement of community police officers 83 4.3.7 Creating awareness of community policing concept 85 4.3.8 Community organization 86 4.3.9 Governmental and none governmental organizations and civil society 87 4.3.10 Resource mobilization 87 4.3.11 The Impact of Community Policing on Crime Reduction 91 4.3.12 Increasing Perceptions of Safety and Decreasing the Fear of Crime 92 4.3.13 The Role of Community Policing in Fighting Major Crimes 92 4.3.14 Regional Crimes and the Role of the Community Policing Strategy 95 4.4 CONCLUSION 97 CHAPTER FIVE: GENERAL OVERVIEW OF THE FUNCTIONING OF THE ETHIOPIAN INDIGENOUS POLICING SYSTEM 5.1 INTRODUCTION 99 5.2 THE ETHIOPIAN INDIGENOUS LAWS AND POLICING 100 5.3 WHAT IS INDIGENOUS LAW IN THE ETHIOPIAN CONTEXT? 101 ix 5.4 THE OBJECTIVE OF INDIGENOUS CRIMINAL LAWS 102 5.5 THE ESSENCE