The Role of Indigenous Institutions in Dispute Settlement among the Tulama Oromo of the Sululta District: the case of Qaalluu Oofaa Abbuukko
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Date
2014-06
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Addis Ababa University
Abstract
This thesis attempts to explain the role of indigenous institutions in dispute settlement among the
Tulama Oromo of the Sulultadistrict the case of Qaalluu Oofaa Abbuukko. There are various
local dispute settlement institutions in sululta district such as jarsumma, peace settlement at
linage; tokko shanne, Qaalluu institution and dispute settlement among different religious
institutions. However, due to limitation of time and resource this study mainly focused on the
role of Qaalluu institution to settle the dispute. The main focuse of the thesis is to explore the
causes of disputes and indigenous dispute settlement mechanisms with particular area on the
role of Qaalluu Oofaa Abbuukko institution in the study area. For this study I employed both
primary data and secondary resources. The relevant primary data were colected through
qualitative tools such as in-depth interviews, observations, focus group discussion and selected
case studies. The secondary data were published and unpublished articles, journals, news
papers, books, MA thesis and PHD researches. In this study I tried to set out different types of
disputes taking place in the area such as, money borrowing or lending, property like land,
livestock and cereals, in appropriate sexual relations, marital dispute, and inheritence and theft
cases. The study also explores different mechanisms of dispute settlement, which are generaly
divided into formal (state-based) and indigenous (informal) dispute settlement mechanisms. In
Qaalluu institution, the disputants do not call wases (guarantors). However, insecular
institution, and formal court the disputants call upon their wases (guarantors), the process takes
short period compared to the formal state structures. Active decision-making and quicker
decision are given to the disputants. Arbitration in the context of Qaalluu court is quicker.
The procedures are generally easy and more economical, those disputants who cannot afford
the above in the formal structure mostly bring their cases before this customary institution; court
structure is takes place at district level. Discussing settlement the dispute and reconcilation
(araarsuu) are not complex like formal courts. The last process, reconciliation, is not available
in the formal dispute settlement setting. All disputants are equal before this customary
institution and it is free from corruption. There are many advantages of indigenous institutions with regard to equality before customary
laws. In Qaalluu Ofaa Abbuukko institution post-recouncilation the disputants and elders are
enjoy together in the same room by taking traditional or local drinking this show that to confirm
the reconciliation. However, in the formal court, the judge and disputants are very far apart, no
freely contact and discuss with them, in addition, no false witnesses in Qaalluu. In the
government system, it is usually difficult for the plaintiff to win the case because of the false
evidences arranged by the accused. In the absence of evidence, the Qaalluu look at the case
whereas in the absence of evidence the government court dismisses the case. Therefore, the
Qaalluu court is the best choice particularly if there is no evidence for some plaintiff. Cases
without evidences have no values before the formal dispute settlement mechanism. Due to this,
the local people preferre to employ this strategy as the principal approach to manage dispute
that they come across in their every encounters.
In this thesie, we accuired the knowledge how Sululta Oromo practices customary and spiritual
laws, rules and regulation in the indigenous judicial system to confirm peace and recouncilation
among the disputants by using Qaalluu Oofaa Abbkko institutions. The institutions deal with
some disagreements which araised from the communities. They serve equally, without payment,
at village or local, safe time, solve unwitnessed issue, using native language and make oth, curse and blessing to confirm peace. The studies thus give description on how the Oromo in general and Sululta Oromo traditional institutions interact to settle the dispute, focus on harmony and knowledge of recouncilation inorder to resolve dispute
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Social Anthropology