Conflict and Alternative Dispute Resolution Among the Afar Pastoralists of Ethiopia

African Journal of History and Culture (AJHC) Vol. 3(3), pp. 38-47, April 2011 Available online at http://www.academicjournals.org/AJHC ISSN 2141-6672 ©2011 Academic Journals Full Length Research Paper Conflict and alternative dispute resolution among the Afar pastoralists of Ethiopia Kelemework Tafere Reda Mekelle University, P. O. Box 175, Mekelle, Ethiopia. E-mail: [email protected]. Fax: +251 344 407610. Accepted 28 March, 2011 A study was conducted on institutions of conflict resolution in the Northern Afar administration. The main objective was to examine alternative mechanisms of peace-making with a prime focus on informal indigenous structures. An attempt was made to assess such institutions vis-à-vis changing circumstances in the political and socio-economic arena. The paper found out that, following disputes, people seem keen not to prolong hostilities that may eventually divide community members in blood feuds. Thus, elders and community leaders converge to discuss matters pertinent to stability thereby allowing disputes to subside. The Afar have local assemblies through which inter-clan conflicts are sorted out and thoroughly addressed. The local assemblies function as indigenous courts whose rules emanate from shared norms and mutually binding value systems. The traditional institutions maintain symbiotic relations with modern administrative and legal machineries. The prevalence of a complementary rather than competitive relations between the state and traditional system has contributed to the resilience and continued influence of the latter. The paper concludes that while the indigenous system is an efficient means of dealing with conflicts in the study area, an integration of the traditional and modern systems is needed for sustainable peace in the future. Key words: Conflict, peacemaking, indigenous knowledge, Afar pastoralism, Ethiopia. INTRODUCTION Violent conflict among pastoral communities in the procedures used in many case studies, Osaghae (2000) borderlands of Eastern Africa has become rampant to an argues that integration of traditional approaches with extent that governments seem to be incapable to control modern negotiation and diplomacy strategy is feasibe. In inter-group warfare. More is needed than efforts by states federal Ethiopia, the context of decentralization and devo- to re-establish peace in the region. Effective handling of lution of power to the regions provide ample opportunity such conflicts necessitates more efforts than western for co-existence between community justice and the methods of conflict resolution (Osamba, 2001) formal government institutions that promote individual In recent times, researchers have focused on the human rights. While customary institutions help ease the prevention resolution and management of conflict in Africa burden of modern structures in dealing with conflict and elsewhere around the globe. A substantial body of situations, the latter provide frameworks for national and literature has been added to our academic libraries - international norms in contemporary world (Pankhurst and predominantly by scholars from the Western societies. For Assefa, 2008). According to Hagmann and Mulugeta quite some time the assumption seems to have been (2008) a policy of co-option and partial incorporation of the made that the Western techniques of conflict prevention, customary authorities and their procedures into modern management and resolution will also apply to Third World institutional setups has been adopted by the successive nations. Today, however, a number of scholars from governments of Ethiopia. developing countries have a different point of view. This paper is aimed at describing and discussing the Variations in culture do not only shape our perception of types of informal institutions and the specific mechanisms conflicts but also determine techniques to be employed in adopted in the process of resolving violent conflict within handling them (Mohamed, 2001). the context of intra-Afar and intercommunity relations. The After a close look at the various methods and account on intra-Afar conflicts was pursued at the inter- Reda 39 Figure 1. Map of Ethiopia and Afar Region (Source: FAO/ GIEWS 2000). clan level (Figure 1 ). afar ethnic identity formation implying that differences in clan identity and residential features within the Afar are no longer important. Indeed, the new federal system of MATERIALS AND METHODS administration in Ethiopia has given ethnicity a new impetus as a result of which the Afar now see themselves This study was conducted in zone 2 administration of the Afar as a national group. Apart from that, it also indicates the Regional State, Ethiopia. The data for this paper was collected using persisting influence of culture and the rule of tradition qualitative methods. Ethnography was the major data collection across time. method used. Specific tools for data collection include participant observations, Focus Group discussions, Key informant interviews The Afar people have a strong sense of respect to the and Case studies. Microcassette recorders were used in the process legendary traditional rules and guidelines that descended of gathering appropriate data for the study. to them from their predecessors. When a breach of con- duct or misbehavior is detected reference is quickly made to such unwritten customary laws the basis of which is RESULTS AND DISCUSSION the normative framework and values systems entrenched in their culture from time immemorial. One such The customary laws ( Mad'aa ) fundamental norm is the fear of and respect for elderly personalities in the respective villages. Elders are Afar elders strongly underscore that all Afar are governed believed to have the wisdom and insightful thought accu- by the same custom ( Ada) irrespective of their clan mulated over long period of time. They are considered affiliation, area of residence or changes in national instrumental for the transfer of traditional knowledge and politics. This, of course, may be a reflection of the new custom to successive generations. Elders provide 40 Afr. J. Hist. Cult. informal education and teach younger generations on usually contributed by clan members regardless of their preventing violent conflicts. The Elderly are also believed place of residence. to have a spiritual link to supernatural forces in the According to Afar customary law, the amount of conviction that living longer on earth is a gift from God compensation depends on the type of the offence and its signifying some purpose. Gerontocracy is there fore at context. In case of a minor wound, there are special steps the center of traditional patterns of behavior and social to follow before reconciliation can be achieved through the action. involvement of clan leaders. A wound is considered minor The Afar believe that all disputes within their ethnic by a traditional healer if the bones are not exposed. In group should be settled peacefully and according to the such a case, the person who caused the injury has to give long standing customary laws ( Mad'aa). Mad'aa consists the wounded a goat in order to “wash his blood.” Then of specified guidelines and rules on how to handle after a day or two he again offers another to “heal the dispute cases. This is a tradition followed from the time of wound”. This payment is called Maldino . Finally, there will Hamadu Sirat, whom informants identified as their apical be a compensation payment ( Morrusso ) ranging from 12 ancestor and the father of all Afar in the area. Birr to a camel depending on the seriousness of the injury. Once a conflict case is in the hands of elders, there can The fine and compensation payment related to bodily be very little room for an individual to further his interests injury depend on which part of the body was harmed. In by force. This seems to be the norm no matter how long it finger injuries, for example, the Afar consider a damage takes the elders to process the dispute and reach a caused to the little finger, pointing finger, and ring finger settlement. In this regard the modern legal principle that as serious. This is because the first is considered the ‘justice delayed is justice denied’ does not hold true most peaceful, the second viewed as important for among the Afar. On several occasions, conflict indicating locations, and the third regarded essential for processing takes a reasonably long time before mutually marriage. The front and back parts of the body are also acceptable outcomes are proposed and a settlement is never given the same value. For example, a damage finally reached. In one instance in the past, I witnessed a caused to the forehead is considered grave because it is group of elders gathered behind the small houses near easily exposed to onlookers whereby the victim may be Ab’ala market. An old man explained to me that the liable to constant humiliation. meeting was just part of an episode in a five-year old The laws regarding compensation payment are inter-clan dispute processing drama. The incident elaborate and detailed. Virtually every offence has a occurred in a place called Teru where members of the corresponding compensation payment. Even nail injury Damohita and Hadarmo clans clashed over territorial has its specified compensation. An exhaustive list of all rights. the provisions of Afar customary law concerning It is astonishing to observe the type of decency and compensation is virtually untenable. good manner people exhibit in the assemblies as the “big In principle, the Afar claims that all compensation men” try to resolve the conflicts in a ritualistic manner payments are fixed by customary law. In practice, following specific orderly procedures. Turns are made however, payments are negotiable. For example, almost automatically and an outsider would be caught by according to the law, the payment for murder is 100 heads surprise with the complete absence of chaotic and of camel; but following bargaining less than half may haphazard conditions. The type of rhetoric used and the actually be paid. extent of humility exhibited by conflicting parties are Furthermore, Afar customary laws are said to be important factors that shape what comes out of the dynamic.

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