Browsing by Author "Degefa, Aberra"

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    Justice that Heals and Restores: The Potential of Embracing Borana Oromo Indigenous Justice System Alongside the Ethiopian Formal Criminal Justice System
    (Addis Ababa University, 2015-06) Degefa, Aberra; Barisso, Tadesse (PhD); Hebo, Mamo (Assistant Professor)
    Experiences in many countries, including Ethiopia, indicate that the formal criminal justice system has not been achieving its objectives of controlling crime and reducing recidivism. Dissatisfaction with the process and outcome of the formal criminal justice system has led to the quest for alternative way of addressing the problem of crime and its consequences. In the course of time, a new way of viewing and responding to crime known as restorative justice has emerged. In its approach, restorative justice focuses on the healing of the harm caused to the victim and restoring the personal and social relationship disrupted by criminal act. In cases where restorative practices and values are embedded in their indigenous justice systems, some countries have opted to maintain or revitalize these restorative practices. The main objective of this study was to explore the restorative potentials embedded in Borana Oromo indigenous justice system which has been providing the people an alternative way of responding to problem of crime. In order to find out these potentials, qualitative data have been gathered from victims, offenders, Borana elders and officers of formal justice system in the study area. The data have been gathered mainly through interviews and FGDs. The findings revealed that Borana indigenous justice system aims at the restoration of the disrupted personal and social relationship and harmony in its response to problem of crime, instead of incarceration. The justice process involves all those affected by the crime and they are the ones to determine the outcome of the justice process. The outcome addresses victim‘s needs and ensures peaceful reintegration of the offender into the community. In the araara/reconciliation/ process, both the material and the spiritual aspects of the damage caused by the crime are addressed. For example, in case of murder, 30 head of cattle is paid as gumaa by the clan of the offender to repair the material damage caused to the victim. The spiritual and emotional disharmony between the parties is healed through the ritual cleansing ceremony. Based on the principle of collective responsibility, the clan of the offender is accountable for the crime committed by a clan member. As there is no category of civil and criminal law under Borana indigenous justice system, gumaa is a non-punitive and non-custodial punishment which combines both criminal and civil liability. The findings have revealed that Borana indigenous justice system is functioning in parallel with the formal justice system with wide support which shows that the desired homogenization of legal system has not succeeded. The study has shown that the Borana have acknowledged the jurisdiction of the formal criminal justice system over detested crimes like rape, intentional homicide and recidivism. But as there is still lack of mutual recognition between the systems and their unregulated rivalry, this has made the people vulnerable to the sanctions of both systems creating tensions and uncertainties in the society. The study has shown that there is a need to avoid the destructive aspects of the two systems and make both systems user-friendly. The study has revealed that the existing Borana normative landscape would require giving some space to Borana indigenous justice system in the area of criminal justice so that the people may be beneficiaries of the restorative potential embedded in the system
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    Protection of Internal National Minorities in Tigray Regional State: The Case of Raya Oromo
    (Addis Ababa, 2010-12) Mebrahtu, Yonas; Degefa, Aberra
    The introduction of Elhnic-based Federalism in Ethiopia, a coul1lry of multi-ethnic and polyglot society, has enabled some ethnic groups to establish their own regions. Yet because of various reasons, all regions are ethnically heterogeneous .Hence, Ihe federal arrangement appeared as a cause for the creation of internal nalional minorities; an ethnic groups who forms majority in one region but lIIinorities in another region in which their protection, as seen prac[ically, strongly depend upon [he regional majorities. The case of Raya Oromo in Tigray regional State is a [ypical example of internal national minorities shorn of recognition and protection as a result of which is enforced to assimilate. To claim protection, the group should first exist as nation, nationality and peoples by fulfilling common requirements of article 39 of both FDRE and Tigray Constitutions. Therefore, this research, basically, examines the issue of recognition and protection of Raya Oromo in Tigray region in reference with the above National and sub-national Constitutions. The research was conducted in two Woredas of Tigray Regional State; Alamata and Raya Azebo where members of the group in question are residing. This research deployed standard questionnaires to examine the issue of recognition. An extensive interview and personal observations have also been conducted which endeavored 10 solicit information pertaining to their perception,interests and problems in relation to manifestation of cultural and linguistic identity.Based on the quantified result of the questionnaire, the research has revealed that the group in question (i.e. Raya Oromo) has fulfilled the requirements for 'nation, nationality and people and they have also manifested desires and interests for recognition and protection. It follows that their Constitutional rights; right to territorial autonomy, representation and political participation, cultural and linguistic rights have been violated. The findings of the research has clearly shown that, the regional government has violated the cultural rights of the group not only by inaction but also by intervention which extends to prohibition of some cultural practices individually as well as in community with others. Hence, the measure of the government is at odd with the constitutional principles (both [he FDRE &Tigray) and relevant in[el"l1a[ional instrumen[s to which Ethiopia is a member State. As a result, this paper argues that their constitutional rights should be protecled and Ihe involvement of [he Federal governmenl in ensuring the rights of intel"l1al national minorities is indispensible.