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1. The interplay between traditional dispute resolution institutions and the formal justice system in Ethiopia: The case of the Jaarsa Biyyaa

Author:
Derara Ansha Roba
Publication Date:
07-2024
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Ethiopia has extensive experience with traditional dispute resolution practices that function parallel to the formal courts in various parts of the country. In pluralistic justice systems where state and non-state justice systems operate, how the state responds to the situation is significant. Through a study of cases prosecuted by the Jaarsa Biyyaa institution of the Arsi Oromo people, this article explores whether and how traditional dispute resolution institutions (TDRIs) interact with the formal courts and the impact of this interaction, if any, on the culture of the Arsi Oromo people. In line with that, the article analyses primary data gathered through two months of ethnographic fieldwork in Negele Arsi town in Ethiopia and from secondary sources of previous scholarly works. The findings show a shared interest in 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 (FJS) where each recognises the other in practice. For the Arsi Oromo people, such mutual recognition is an opportunity to maintain the clanship organisation. More importantly, mutual recognition promotes conflict management in the community, which serves as a valuable lesson for the country. Other than the opportunities that arise, there are constraints such as the interruption of Jaarsummaa (elders reconciliation), broken social bonds and enmity.
Topic:
Pluralism, Tradition, Dispute Resolution, and Jaarsa Biyyaa
Political Geography:
Africa and Ethiopia

2. Civil War between the Ethiopian Government and the Tigray People’s Liberation Front: A Challenge to Implement the Responsibility to Protect Doctrine

Author:
Israel Nyaburi Nyadera and Census Osedo
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
How does the 2020–2022 civil war in Ethiopia contribute to our understanding of the Responsibility to Protect (R2P) doctrine? This study seeks to revisit the debate over the effectiveness of the R2P doctrine in the wake of increased intrastate conflicts. The objective is to assess the dilemma that arises with the implementation of R2P when governments are involved in the conflict and the international community is reluctant or unable to intervene. The study adopts the systematic review approach (PRISMA) to identify the shortcomings, trends, and debates around R2P. It uses the Ethiopian civil war to contribute further to the existing body of literature. The paper finds that, indeed, the R2P doctrine is facing serious challenges with its implementation. It shows that when governments fail to acknowledge the other actors as legitimate combatants and instead describe them as terrorist groups, it becomes difficult to uphold the R2P doctrine. The paper also identifies a lack of leadership and coordinated efforts at regional and international levels as contributing factors, which further undermine the effectiveness of R2P. The paper concludes that the Ethiopian civil war exposes serious shortcomings in the R2P doctrine that need to be reviewed and reformed urgently. It proposes the adoption of a systems-thinking approach that can streamline the actors and processes of response during civil wars.
Topic:
Civil War, Human Rights, Conflict, and Responsibility to Protect (R2P)
Political Geography:
Africa, Ethiopia, and Tigray

3. Violent Ethnic Extremism in Ethiopia: Implications for the Stability of the Horn of Africa

Author:
Yonas Adeto
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Scholarship on the challenges of ethno-linguistic federalism in contemporary Ethiopia is copious; yet a critical analysis of violent ethnic extremism in the country and its implications for the sub-region is rare. This article argues that violent ethnic extremism is a threat to the existence of Ethiopia and a destabilising factor for its neighbours. Based on qualitative empirical data, it attempts to address the knowledge gap and contribute to the literature by examining why violent ethnic extremism has persisted in the post-1991 Ethiopia and how it would impact on the stability of the Horn of Africa. Analysis of the findings indicates that systemic limitations of ethno-linguistic federalism; unhealthy ethnic competition; resistance of ethno-nationalist elites to the current reform; unemployed youths; the ubiquity of small arms and light weapons; and cross-border interactions of violent extremists are the major dynamics propelling violent ethnic extremism in Ethiopia. Thus, Ethiopia and the sub-region could potentially face cataclysmic instabilities unless collective, inclusive, transformative and visionary leadership is entrenched.
Topic:
Political stability, Ethnicity, Conflict, and Political Extremism
Political Geography:
Africa and Ethiopia

4. The nexus between shimglina as ADR and the formal criminal justice system: The case of the Amhara regional state, Ethiopia

Author:
Gubaye Assaye Alamineh, Kumilachew Siferaw Anteneh, Abebe Dires Dinberu, and Mohammed Seid Ali
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Alternative Dispute Resolution (ADR) mechanisms have been the common practice to resolve various conflicts in general and blood feuds in particular in the Amhara national regional state. As such, the central objective of this study is to assess the interface between ADR and the formal criminal justice system when addressing blood feuds. To achieve this, an ethnographic research approach was used. As the finding reveals, shimglinaas the common indigenous resolution mechanism of blood feuds has been widely used. In this reconciliation process, we identified diagnosis, initiation, forgiveness and the oath as essential phases. Concerning the previous interfaces between shimglina and the formal adjudication system, the reconciliation decisions made by shimglina had been accepted and taken for granted by the formal adjudications. But now this trend has been changed due to interference by formal adjudication on the process and implementation of ADR decision-making.
Topic:
Conflict Resolution, Criminal Justice, Reconciliation, Disputes, and Shimglina
Political Geography:
Africa and Ethiopia

5. The curbing of the collective voices of workers in Ethiopia’s state-led industrialisation: The case of the garment sector

Author:
Mohammed Seid Ali
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
A state-led industrialisation drive inspired by the East Asian ‘developmental state’ ideology is at the core of Ethiopia’s industrial policymaking. Yet, scholarship on the implications of Ethiopia’s state-led industrialisation on the collective voices of local industrial workers is rare. Hence, this article argues that Ethiopia’s state-led industrialisation has firmly stood for strong business-state alliances, thereby curbing the collective voices of local industrial workers. Using qualitative empirical data, the article attempts to address the research gap and contribute to the existing debate by examining why and how the country’s state-led industrialisation has been operating in this context since 2005. Analysis of the findings indicates that facilitating industrial catch-up is at the centre of the country’s industrial development policymaking. Also that, the voice of the workers has been considered as a threat to foreign direct investment (FDI). As a result of the policy, the Ethiopian government employs diverse de facto or de jure labour control mechanisms, exceptionally against the associational rights of workers in the garment exporting industries across the country’s industrial parks (IPs). Moreover, employing industries have enforced various forms of administrative and punitive measures to subdue the collective voices of their workers. Hence, Ethiopia’s activist industrial policy must navigate a reasonable balance between facilitating industrial catch-up and ensuring labour standards for inclusive, peaceful, and sustainable industrial labour relations.
Topic:
Government, Labor Issues, Industrialization, and Garment Industry
Political Geography:
Africa and Ethiopia

6. Ethnic Federalism and Conflict in Ethiopia

Author:
Bekalu Atnafu Taye
Publication Date:
12-2017
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The current regime in Ethiopia adopted ethnic federalism and redesigned the country along ethnic lines as soon as it took political power in 1991. The aim of this article is to examine the prevalence of ethnic conflict in Ethiopia and to evaluate the potential causes of the conflicts that followed in the past twenty-five years. There are competing claims, for and against federalism. And though it may be accurate to state that the founding principles of federalism have few ideological shortcomings, it may be that technicality issues (types and forms) may hamper the imposed federal system in Ethiopian. Thus, ethnic conflicts prevailing in Ethiopia may be caused by such technicality problems and the ethnic federal arrangement in Ethiopia needs an urgent reconsideration before the case moves to the worst scenario.
Topic:
Ethnic Government, Governance, Ethnicity, Conflict, and Federalism
Political Geography:
Africa and Ethiopia

7. Indigenous institutions as an alternative conflict resolution mechanism in eastern Ethiopia: The case of the Ittu Oromo and Issa Somali clans

Author:
Zigale Tamir Tenaw
Publication Date:
12-2016
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The study was conducted in eastern Ethiopia where the Somali and Oromo ethnic groups live. The main purpose was to examine the roles and challenges of the indigenous conflict resolution mechanisms practised as an alternative to modern methods among the Ittu Oromo and Issa Somali clans. The study employed a qualitative research approach under which key informant interviews, focus group discussions, observations and informal discussions were conducted. Key informants and focus group discussants were selected purposively. It was found that territorial expansion, resource competition and cattle raiding were considered as the main causes of violent conflict in the area. Boundary disputes between the two regions have been associated not only with the accessibility of resources, but also with issues of identity. According to the participants, the indigenous institutions can play a major role in preventing and resolving intra-ethnic conflicts. There are cases of government support for indigenous institution leaders, especially where there is proximity between such leaders and the current political system. Government intervention in the indigenous systems can also result, however, in the weakening of customary institutions in the area. The absence of a single common binding indigenous institution that governs inter-ethnic conflict in the area is another challenge for indigenous systems of conflict resolution. Indigenous institutions can deal effectively with many conflicts caused by the above mentioned factors, but since they also have certain limitations, serious thought should be given to the option of appropriately integrating modern and indigenous institutions.
Topic:
Conflict Resolution, Natural Resources, Institutions, Indigenous, Strategic Competition, and Territory
Political Geography:
Africa and Ethiopia

8. Competing orders and conflicts at the margins of the State: Inter-group conflicts along the Ethiopia-Kenya border

Author:
Asebe Regassa Debelo
Publication Date:
12-2016
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
In this paper, the interplay between various competing orders among three ethnic groups on the margins of the Ethiopian state that have overlapping presence along the Ethiopia-Kenya border is analysed. The paper probes into complex and intertwined causes of inter-group conflicts by going beyond the commonly asserted resource scarcity and ethnicity assumptions, arguing that any attempt to establish sustainable peace becomes futile without assessing inter-group conflict within a context including historical, environmental, political, economic, cultural and institutional dimensions. The paper also conceptualises the state as an active player in inter-group relations, as it plays a fundamental role in instigating and/or resolving conflicts based on its political, economic and strategic interests. Taking the case of inter-group conflicts among three groups inhabiting border areas along southern Ethiopia and northern Kenya, and by employing actor-oriented perspectives, the paper argues that the involvement of competing interests and claims on the side of the Ethiopian state, local communities and individuals, both in the instigation of conflicts and peacebuilding processes further complicates the situation. It concludes that inter-group conflict and attempts at peacebuilding in the region are to a large extent influenced by national political dynamics, changes in traditional institutions and cross-border relations.
Topic:
Conflict, Borders, State, and Peace
Political Geography:
Kenya, Africa, and Ethiopia

9. Formal and informal land tenure systems in Afar region, Ethiopia: Perceptions, attitudes and implications for land use disputes

Author:
Kelemework Tafere Reda
Publication Date:
07-2014
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Land is a contentious resource in the pastoral areas of Ethiopia. Traditional pastoralism, which is both a mode of production and a cultural way of life, dictates communal ownership of grazing land on which individually owned livestock graze. Pastoral land in Afar has traditionally been administered by the local communities themselves. However, with a gradual incorporation of the pastoralists into the Ethiopian modern polity, there have been competitive interests over issues of land administration between local communities and the state which often led to conflict and instability. Government land administration policies often contravene the age-old pastoral customary institutions; and stakeholder relations have taken a bitter course following the expansion of commercial agriculture, land investments and development projects. Using data obtained through Qualitative Interviews and Focus Group Discussions (FGDs) this paper analyses land administration trajectories and dynamics in Afar region. It assesses how contradictions between statutory and customary tenure systems shape relations between multiple resource users including the state, investors, local communities, and neighbouring cultural groups. It also examines the impact of multi-stakeholder land disputes on land resource management, thereby identifying appropriate policy options for effective land administration practices in the pastoral areas.
Topic:
Territorial Disputes, Land Law, Pastoralism, Land Rights, and Tradition
Political Geography:
Africa and Ethiopia

10. Popular dispute resolution mechanisms in Ethiopia: Trends, opportunities, challenges and prospects

Author:
Gebreyesus Teklu Bahta
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
This article finds that high-ranking officials within the judiciary and executive, heads of some organisations, and certain researchers have acclaimed the harmonisation and application of the Popular Dispute Resolution Mechanisms (PDRMs) in Ethiopia’s justice system. To this effect, they have sponsored national and regional forums, conferences and workshops; established research institutions and centres as well as sponsored scholars who conduct research on this initiative. The positive attitude of these stakeholders towards PDRMs, the multiplicity and diversity of PDRMs, as well as the support of various institutions to such initiatives are considered to be good opportunities for the harmonisation and application of these practices in the country’s justice system. On the other hand, the absence of clear laws and policies related to the legitimacy of the informal justice systems, the level of administration to which they should be accountable, their interconnection with the formal courts and other state structures, the scope of application of their jurisdiction and their financial transactions are found to be serious challenges that demand immediate attention. Some of the hitherto existing research works are found to be scattered, poorly cross-referenced and out-of-the-reach of researchers and readers; while others are shallow in their investigative depth and limited in thematic and geographical coverage. In order to address these challenges and dilemmas, the article recommends the establishment of a new regulatory organ at macro level that has the capability and legitimacy to adapt and harmonise PDRMs in ways that can preserve the traditional African indigenous values and at the same time respect international human rights convention.
Topic:
Conflict Resolution, Religion, and Justice
Political Geography:
Africa and Ethiopia