THE CHARACTERISTICS, FUNCTIONS AND CONFLICT RESOLUTION ROLE OF CUSTOMARY COURTS: THE CASE OF HARAMAYA DISTRICT, EAST HARARGHE ZONE, OROMIA, ETHIOPIA

Abstract

Ethiopia has been practicing various kinds of customary conflict resolution management. Different customary conflict resolution mechanisms have distinct functions and procedures. This study aimed to explore the characteristics, functions, and conflict resolution’s role of customary court (Mana Murtii Aadaa Oromoo) in Haramaya district of Oromia regional state. The study employed a qualitative research approach with a case study research design. The study also used both primary and secondary data that was collected through key informant interviews, focus group discussions, and observation. Thematic analysis was employed to analyze the data. Customary court has been playing a vital role in settling conflicts among individuals and groups and in promoting peace, stability, and tolerance in the communities of the study area. The findings reveal that customary court is significant due to its characteristics of producing win-win results for the conflict parties, saving time, re-establishing harmony among conflict parties, revealing crimes committed without witnesses, social stability, and lasting peace among the people of the study area. Customary courts have unused potential for settling conflicts in Ethiopia in general and in the study area in particular. However, absence of clear boundary between legal and customary court, unclear mandate of customary court and lack of clear policy directions, lack of capacity building training for customary elders on the issues of human rights, poor infrastructure, lack of budget and poor working place have been identified as a limiting factor that are affecting the functionality of customary courts in the study area