Merging Ethiopian Wise-Counsel Mediation and Facilitative ...

Part VII APPENDICESKnown traditional conflict-resolution methods in Ethiopia are thekitcha of the Gurage, the occudho system of the Anywaa of Gambella,the mad’aa in the Afar region, and the shimgelina system of theAmhara people.Another form of governance and indigenous conflict-resolution is thegadaa among the Oromo. Gadaa is defined as a system of classes (luba)that succeed each other every eight years in assuming military, economicand ritual responsibilities. Each gadaa class remains in power for a specificterm, which begins and ends with a formal power-transfer ceremony. Thegadaa system has mechanisms to prevent conflicts from becoming violentand to solve them at grass-roots level if they do turn violent. 54In the Afar region, economic, social and political conflicts areresolved outside the court. They are handled at the local level throughthe traditional medaa administrative system. Local mediators’ resolutionsare generally reached through arbitration and with reference to Afarnorms and values. The most commonly recognised resolution mechanismsare reconciliation by elders and arbitration by community leadersand religious leaders. While elders settle minor issues, the more seriousissues are brought to the attention of the community leaders. This traditionalinstitution acquires its authority from communal laws; it variesfrom community to community and has complex rules. 55In his research study, Kelemework Tafere Reda describes variousaspects of Afar wise-counsel mediation mechanisms in detail. Accordingto Reda, “The Afar believe that all disputes within their ethnic groupsshould be resolved…peacefully and according to the long-standingcustomary laws (mad'aa). Mad'aa consists of specified guidelines andrules on how to handle dispute cases.” 56According to Reda, the Afar people have a strong respect for thetraditional rules and guidelines that descend to them from their predecessors.When misconduct is detected, reference is quickly made to suchunwritten customary laws, which provide the normative framework andvalue system in their culture. One such fundamental norm is the fear ofand respect for the village elders, who are believed to have long-accumulatedwisdom. They are considered instrumental for the transfer oftraditional knowledge and customs to successive generations. According54 Institute for Peace and Security Studies in collaboration with Friedrich Ebert Stiftung. (2010).55 Ibid.56 Reda, K.T. (2011).57 Girshaw, T. (2004).to Tirsit Girshaw, elders and tribe leaders are knowledgeable, respectedpersons that are traditionally accepted as mediators. 57 This means that therole of the mediator is both acquired and hereditary.The mediators choose the venue of mediation. It is common practicefor the venue to be in good tree shade, which must be near water,should be easily accessible and central to the parties and the mediators.Mediators also nominate a person who is well experienced in oral reiteration.The role of this duplicator is not only to repeat what the parties sayin a culturally-appropriate way, but also to make the parties feel that theyare being listened to. Duplicators thus play a key communication rolein the process and assist mediators to identify issues and clarify points.Once a conflict case is in the elders’ hands, there is very littleroom for an individual to further his interests by force. This is one ofthe major contrasts to facilitative mediation. In fact, this mad’aa formof wise-counsel mediation can be characterised as arbitration ratherthan mediation. It seems to be the norm to wait—no matter how long ittakes—for the elders to process the dispute and reach a settlement.On several occasions, conflict processing takes a long time beforemutually-acceptable outcomes are proposed and a settlement is finallyreached. If a dispute is settled through compensation, the amount ofcompensation depends on the type of the offence and its context. In thecase of a minor wound, for example, there are special steps to followbefore reconciliation can be achieved through the involvement of clanleaders. A wound is considered minor by a traditional healer if the bonesare not exposed. In such a case, the person who caused the injury hasto give the wounded a goat in order to “wash his blood.” Then after aday or two he again offers another to “heal the wound”. This payment iscalled maldino. Finally, there will be a compensation payment (morrusso)ranging from 12 Birr to a camel depending on the seriousness of the injury.The fine and compensation payment related to bodily injury dependson which part of the body was harmed. For example, the Afar considerdamage caused to the little finger, pointing finger, and ring finger asserious. This is because the first is considered the most peaceful, thesecond viewed as important for indicating locations, and the thirdregarded essential for marriage. The front and back parts of the body areAppendix A107