CHAPTER REVIEW

C7:- CUSTOMARY AND LOCAL GOVERNANCE

SYSTEMS AND PEACE MAKING

6.1 Indigenous and local governance

Indigenous systems of governance have widely been employed to maintain social order
across Ethiopian regions. The role of indigenous governance was indispensable before the
advent of the modern state system. Anthropologists have been studying indigenous systems
of governance in Ethiopia and other parts of Africa. Some of the indigenous systems of
governance have been well-studied while many others have got little attention by scholars.
Understanding of indigenous systems of governance helps us know our cultures in a better
way. It will also help us enhance inter-cultural understanding and smooth relationships
among different ethnic/cultural groups. We do not have space to take examples from every
region and culture. Hence, we have outlined some examples of indigenous systems of
governance. As students, you are expected to read more to have a broad understanding of this
topic. You can also discuss with classmates coming from various cultural backgrounds to
learn about indigenous systems of governance in different parts of Ethiopia.

The Oromo Gadaa

The Gadaa of the Oromo is one of the well-studied indigenous systems of governance.
Various scholars have been studying the Oromo Gadaa since the 1950s. Paul Baxter, Eike
Haberland and Asmerom Legesse are some of the scholars who studied the Oromo Gadaa.
Asmerom, a famous anthropologist, is widely known for his ethnographic studies on the
Oromo political system. He published a lot on the Gaada system, particularly focusing on the
Borena Oromo. The following are two of his books on Oromo indigenous political system:
 • Gadaa: Three Approaches to the Study of African Society, published in 1973

• Oromo Democracy: An Indigenous Political System, published in 2000.

The Gadaa system is ‘an age grading institution of the Oromo that has a complex system of
administration, law making and dispute settlement’ (Pankhurst and Getachew 2008, xiv). The
Gadaa is a highly celebrated institution of governance and dispute settlement among the
Oromo people. Gadaa is widely mentioned as an egalitarian (democratic) system of
governance. In the Gadaa system, political power is transferred from one generation set
(Luuba) to another every eight years. Gaada officials such as the Abba Gaada and Abba
Seera (father of law) serve for eight years and leave their position to the new generation of
Gadaa officials.

The Gaada system involves a continuous process of law making and revision. The law
making process has rooms for wider participation of the people. Gumi gaayo, a law making
assembly of the Borana Oromo, is a good example. Gumi gaayo is held every eight years to
revising, adapting, making and publicizing the customary law (seera) and custom (aadaa)
of the Oromo. The Waliso Oromo have a law making assembly known as yaa’iiharaa, an
equivalent of gumigaayo, held every eight years. The Gaada is an indigenous system of
governance, conflict resolution, and peacemaking. The indigenous system of governance
among the Oromo also include institutions of conflict resolution such as the Jaarsa Biyyaa
(literally: elders of the soil/land) institution (Dejene 2007). We will discuss the role of the
Jaarsa Buyyaa (council of elders) in settling conflicts and restoring peace in the next
section of this unit.

The Gedeo Baalle

The Gedeo of southern Ethiopia have an indigenous system of governance called Baalle. The
Baalle and the Gaada system of the Oromo have some similarities. For example, both have
age grading system and exercise periodic transfer of power (i.e., every eight years). The role
of religion is high in the two indigenous systems of governance. Moreover, the customary
law of the Gedeo is called Seera. The Ya’a, the general assembly, is the highest body of the
Gedeo indigenous system of governance. The Baalle is a complex system which has three
administrative hierarchies: Abba Gada, Roga (traditional leader next the Abba Gada), and
two levels of council of elders known as Hulla Hayyicha and Songo Hayyicha. The Abba
Gada is the leader of the Baalle. The Baalle system has a body of laws called Seera.
Conflicts are resolved by the Songo Hayyicha at village level. When disputes are not settled
at the village level, cases can be referred to the Hulla Hayyicha and finally to the Abba
Gada. In general, the Gedeo system of governance has the following major institutions: the
Ya’a (general assembly), the Seera (customary law), the Abba Gada, and council of elders
(Getachew, 2014).

Reflect your views on the following questions.

 What do the similarities between Gaada and the Gedeo Baalle system
indicate?

 Why do we have such cross-cultural similarities?

 Does it indicate long-term interactions among different

cultural/ethnic groups?

Dere Woga of the Gamo

The Gamo are among Omotic peoples of southern Ethiopia. Unlike their neighboring people
such as Wolayta and Dawro, the Gamo did not have a centralized political system. The Gamo
people were organized into several local administrations locally known as deres. According
to anthropological findings, most of deres were governed by a ka’o (king) and halaqa
(elected leader). The Gamo indigenous system of governance embraces the dere woga
(customary law) and the dubusha assemblies. The highest body of the indigenous
governance is the dere dubusha, a general assembly of local people. The dere dubusha is
responsible to make and revise customary laws, resolve major disputes that cannot be solved
at the lower levels. The dubushas assembly has three hierarchies: 1) the dere dubusha (at
the top), 2) sub-dere dubusha (at the middle level), and 3) guta/neighborhood dubusha (at
the village level). Minor cases and disputes are resolved by the dere cima, council of elders.

Like the Oromo Gaada and the Gedeo Baalle, the indigenous governance of the Gamo is
embedded in the Gamo belief system. It is believed that telling a lie and
hiding the truth, especially at dubusha assemblies, are considered as violation of taboo.
According to indigenous belief of the Gamo, breaching such as taboo will lead to spiritual
pollution, which in turn will lead to misfortunes including lack of fertility, illness, and death
of human beings and livestock. As a result of this belief (e.g., fear of misfortunes), people
reveal the truth in dubusha assemblies. This behavior is essential to identify and punish the
wrong doer, resolve conflicts, and restore peaceful relationships. In the next section, we will
discuss indigenous institutions of conflict resolution and peacemaking.

6.2 Indigenous institutions of conflict resolution and peacemaking

Conflict is a common phenomenon in human societies and communities. Human beings

develop different institutions and mechanisms to resolve conflicts and restore peace and
social order. More than 80 ethnic and cultural groups live together in Ethiopia. Each ethnic
group has its own institutions of conflict resolution and peace making. Regardless of cross
cultural diversity, most ethnic/cultural groups in Ethiopia have similar conflict resolution
institutions. The basic ones are customary (most of the time unwritten) laws, customary
courts, and council of elders. The role of notable elders is essential in all cultural settings in
Ethiopia. Although women play a significant role in conflict resolution and peacemaking,
they are marginalized from mainstream conflict resolution institutions and practices in most
cultural settings.

Indigenous institutions of conflict resolutions can be divided into two main types: 1) intra-
ethnic conflict resolution institutions, which address conflicts between individuals and
groups within the same ethnic group; and 2) inter-ethnic conflict resolution institutions that
resolve conflicts between individuals and groups of different ethnic groups. We will discuss
the two types of institutions taking examples from different cultural contexts. Let us begin
with the first one.

6.2.1 Intra-ethnic conflict resolution institutions

Conflicts and disputes may occur within the same ethnic group or between individuals or
groups of different ethnic groups. Intra-ethnic conflict resolution institutions address conflicts
between individuals and groups (e.g., clans) within the same ethnic group. Peoples across
Ethiopian regions have intra-ethnic institutions
and mechanisms of conflict resolution and peacemaking. These institutions are parts of
indigenous systems of governance. In this section we will discuss the major features of intra-
ethnic institutions of conflict resolution. As Ethiopia is a big multicultural country, we need
to discuss these issues taking examples from selected cultural settings. You, as a student, are
expected to read different materials and discuss issues with your classmates to expand your
knowledge.

There are different indigenous institutions of conflict resolution and peacemaking across
regions and cultures in Ethiopia. Authors use different terms to discuss these indigenous
institutions. The following are some of them: customary dispute resolution mechanisms;
traditional mechanisms of conflict resolution; grassroots justice systems; and customary
justice institutions. To get more information, read reference materials listed at the end of this
unit (e.g., Alula Pankhurst and Getachew Assefa 2008 and Gebre Yintso, Fekade Azeze, and
Assefa Fesiha 2011). In this module, we use indigenous institutions of conflict resolution and
customary/indigenous justice systems interchangeably.

Components of customary justice systems

Indigenous/customary justice institutions have been widely used across Ethiopian regions and
cultures. With some exceptions, customary justice institutions include three major
components. The three components are 1) customary laws, 2) council of elders, and 3)
customary courts or assemblies.

Customary law

Customary law refers to a body of rules, norms, and a set of moral values that serve as a
wider framework for human conduct and social interactions. The Sera of the Sidama, the dere
woga of the Gamo, the Seera Addaa of the Oromo; Ye Siltie Serra of the Siltie, Gordena Sera
of Kestane Gurage are examples of customary laws. In most cases, customary laws are
available orally. Some customary laws are published in recent years. For example, the Sebat
Bet Gurage published their customary law named Kitcha: The Gurage Customary Law in
1998. Similarly, Kistane/Sodo Gurage people also have a written version of customary law
known as Gordena Shengo.
 Though spelt differently, the term sera/seera/serra serves as the name
of customary laws of the Sidama, Siltie, Gurage, and Oromo.

 How do you explain this similarity?

 Can we consider this as an example of cross-cultural similarity among

the above mentioned ethnic groups?

Council of elders

Council of elders is the second important institution of customary justice systems. The
council of elders embraces highly respected and well-experienced community members who
have detail knowledge of the customary laws. Members of the elder’s council are also known
for their personal qualities such as truthfulness and experience in settling conflicts. Elders
often serve their communities on voluntary basis without any payment. The number of elders
involved in conflict resolution activities may vary based on the nature of the case. The
institution of council of elders has different names in various ethnic groups: Yehager
Shimagile (Amhara), Jaarsaa Biyyaa (Oromo), Baliqenet (Siltie), Hayyicha (Gedeo), Guurtii
(Somali), Dere Cima (Gamo), Deira Cima (Wolayita), and Cimuma (Burji).

Reflect your view on the following questions

The last three ethnic groups use similar terms to refer to council of
elders: Dere Cima (Gamo), Deria Cima (Wolayita), and Cimuma
(Burji).

 How do you explain this similarity?

 Do you think that it is due to similarities in culture and language?

Customary courts
Customary courts are public assemblies that serve two major purposes: (a) hearing,
discussing, examining and settling disputes, and (b) revising, adapting, and making laws. As
noted above, in most cases, indigenous justice systems in Ethiopia embrace three major
structures: customary laws, customary courts, and council of elders. We will examine the
structure and functions of the three components/branches of customary justice systems taking
the Gamo case as an example. The customary justice system of the Gamo people of
Southern Ethiopia has the following branches: 1) Dere Woga, customary laws, 2) Dere Cima,
council of elders, and 3) Dubusha, customary courts or assemblies.

Dere Woga
The literal meaning of Dere Woga is the law of the land. Dere Woga is a comprehensive
body of rules and procedures that govern a wide range of issues including inheritance,
property ownership, marriage and divorce, conflict resolution and gender division of labor.
Dere Cima

Literally, Dere Woga means elders of the land/country. It includes notable and respected
elders experienced in resolving disputes. Elders serving in dispute resolution are expected to
have a sound knowledge of the customary laws, norms and values of the community.

Dubusha

The term dubusha has two major meanings. First, it refers to an open place (mostly under a
tree) where cases are examined and conflicts resolved. Second, dubusha refers to customary
courts or local assemblies that discuss cases and settle disputes. Dere dubusha, the biggest
customary court in a given Gamo community, has two major functions: (a) hearing,
discussing and resolving disputes, and (b) revising and making laws. In most Gamo
communities, the structure of the customary courts has three levels: 1) Guta dubusha,
which addresses cases at the village level; 2) sub-dere dubusha, a customary court that
addresses cases at the kebele level; and 3) dere dubusha, a customary court that
addresses cases at the higher level. The dere dubusha is also responsible to make laws
and revise existing laws. Procedurally, minor cases would be heard at the guta dubusha
level, if not settled, referred to the second and third level of the structure.
According to the Gamo indigenous belief, dere dubusha (the place where cases are
examined and resolved) is a sacred place where supernatural power exists. It is a place where
curses are uttered in its name; where justice is delivered; and where important assemblies are
held. Dubushas are regarded as sacred places where truth and justice prevail. Misconducts
such as telling a lie (providing the court with false information) during dubusha assemblies
are considered as transgression of taboos. According to local belief, transgression of taboos
will bring about misfortunes to individuals and communities. The following is the main
advantages of the Gamo justice system. Customary courts are easily accessible because each
Gamo community has several customary courts (Temesgen 2011; Getaneh 2016).

Major characteristic features of customary justice systems

According to study findings customary justice systems have several commonalities and
differences across Ethiopian cultures. They also reveal strengths and weaknesses of
customary justice systems.

Common features

The following are among the main common features of indigenous justice institutions and
mechanisms:

 High involvement of elders at different stages of conflict resolution and

peacemaking process.
 Preference and respect for elders known for their qualities including experience in
dispute resolution; knowledge of customary laws, procedures, norms and values of
the society; impartiality, respect for rules and people; the ability of listening and
speaking politely; honesty and tolerance.
 Indigenous dispute resolution practices focus on restoring social relationships,
harmony, and peaceful coexistence.

Differences

Indigenous justice systems also have differences in terms of hierarchies, procedures and level
of complexities. For example,
  In some cultural settings, conflict resolution mechanisms involve several
hierarchies and complicated procedures;
 The compositions and responsibilities of council of elders also vary from society to
society. For example, different types of elders address different forms of disputes in
some cultural settings; whereas the same body of elders deals with various types of
disputes in other settings.

Reading

Getachew Assefa and Alula Pankhurst (2008) have outlined ten major
characteristics of indigenous dispute resolution in Ethiopia. Public
participation, voluntary and consensual proceedings, and forgiveness and
compensation are among the major features listed by the authors. Read the last
chapter Grassroots Justice in Ethiopia (2008) edited by Alula Pankhurst and
Getachew Assefa take note on major characteristics of indigenous dispute
resolution; their advantages and limitations in Ethiopia.

Strengths of customary justice institutions

 Incur limited cost in terms of time and resources/money; elders do not request
payment for their services; fines and compensation are relatively small;
 Conflict resolution process are held in public spaces in the community; different
parties (victims, offenders and community members) participate in the process;
decisions are communicated in public;
 Decisions are easily enforced through community-based sanctions including social
exclusion; compliance ensured through blessings and the threat of curses;
 Customary systems aimed at restoring community cohesion, social relations,
collective spirit and social solidarity
 Rely on respect for elders, the tradition of forgiveness, transferring compensations,
embedded in indigenous beliefs.
Limitations of customary justice institutions

 Limitations related to protecting and safeguarding women’s rights. Indigenous justice

institutions are dominated by men. For example, the council of elders is not open to
elderly women. Women are excluded from participation at customary courts and
assemblies with a few exceptions.
 Indigenous institutions of dispute resolution and peacemaking are effective to resolve
dispute and restore peace within the same ethnic group. Their potential in resolving
inter-ethnic conflicts and restoring long-lasting peace is very limited.

Elders of neighboring ethnic groups work together in times of inter- ethnic

conflicts and settle disputes. However, indigenous institutions of conflict
resolution have limitations in restoring long-lasting peace when conflicts
occur between parties from two or more ethnic groups.

 How do you explain this problem?

 Is there a possibility of crafting hybrid institutions to resolve disputes

occurring between different ethnic groups? Discuss this issue among
your classmates.

6.2.2 Inter-ethnic conflict resolution institutions

As noted above, one of the weaknesses of indigenous institution of peacemaking is their

limitation in resolving inter-ethnic conflicts. However, there are some example of inter-ethnic
conflict resolution institutions in some parts of Ethiopia. Abbo Gereb is one of the indigenous
institutions that address inter-ethnic conflicts. It is a dispute resolution institution in Rayya
and Wajirat district, Southern Tigray. Abbo Gereb, literally means the father of the river
Gerewo. Abbo Gereb serves to settle disputes between individuals or groups from highland
areas of Tigray and lowland areas of Afar. Conflict between the two groups often arises
because of dispute over grazing land or water resources, particularly in dry season. When
conflict arises between parties from two ethnic groups, notable elders from Tigray and Afar
come together to
resolve the dispute and restore peaceful relations. Most of the elders involved in inter-ethnic
conflict resolutions are bilingual: speaking Tigrigna and Afar (Shimeles and Taddese 2008).

Ethnographic findings also reveal the existence of inter-ethnic conflict resolution mechanisms
when conflicts arise between Afar, Issa, Tigrayans and Argobba. The mechanisms of inter-
ethnic disputes have different names. It is called Xinto among the Afar, Edible among the
Issa, Gereb among the Tigrayans, and Aboroge among the Amhara (Alula and Getachew,
2008).

Although we have some studies on indigenous institutions of inter- ethnic

conflict resolution, this area is not well-studied.

 Do you know institutions/mechanisms of conflict resolution that

address inter-ethnic conflicts? Bring your experience and knowledge
to class discussion!

6.3 Women’s role in conflict resolution and peacemaking

Ethiopian women participate in the process of dispute settlement in exceptional cases. For
example, in some cultures, women participate in dispute settlement processes when cases are
related to marriage and women’s issues. Despite these weaknesses, women are not
completely excluded for indigenous systems of governance, conflict resolution, and
peacemaking activities. In some societies, women use their own institutions to exercise
power, protect their rights, and actively participate in peacemaking activities. The next
section discusses the role of women in conflict resolution and peacemaking.

The elderly have been playing an important role in settling disputes

and restoring peace. Their words and instructions were highly
respected across cultures in Ethiopia. Intra and inter-ethnic conflicts
have become common in our country in recent years.
  What do you think are the causes of these conflicts?

 Is it related to the decline of respect for the elderly in

recent times?

 Or has the culture of peaceful coexistence

deteriorated?

One of the limitations of customary justice systems, as noted above, is the marginalization of
women. In most cases, indigenous institutions of conflict resolution are dominated by men.
This does not mean that women are completely excluded from conflict resolution and
peacemaking activities. Three examples that illustrate the role of women in conflict
resolution and peacemaking are outlined below. The examples show the role of women in
peacemaking describing three women’s institutions: the Yakka of the Sidama, the Don
Kachel of the Agnuak, and the Debarte of Tigray. Read the descriptions presented below and
discuss issues related to women’s role in peacemaking in Ethiopia.

Women’s peacemaking sticks1

Sidama women have two instruments of power: the Yakka and the Siqqo. The Yakka is
women’s association or unity group. The Siqqo is a stick that symbolizes peace and
women honor. The Siqqoand the Yakka are closely associated. Mobilizing the Yakka
and holding the Siqqo, Sidama women stand for their customary rights. They do this, for
example, when a woman is beaten up by her husband or a pregnant woman is
mistreated. For example, if a man prohibits his wife from Yakka participation, the women
group imposes a fine on him. The fine could be an ox. If a woman is ill-treated by her
husband, the Yakka leader (known as Qaritte) mobilizes the Yakka and leads them to
the house of the man. The husband would not have a choice when he is surrounded by
the Yakka holding their Siqqo shouting and singing. If he is found guilty, the man would
be forced to slaughter a sheep and give part of it to the Yakka. Sidama women also use
their Siqqo to make peace between quarrelling parties. Oromo women also have a
peace stick called Sinqee. Sinqee serves the purpose of protecting women’s rights and
making peace. Quarrelling men stop fighting when a woman stands between them
holding her Sinqee.
 The function of women’s peacemaking institutions such as Siqqo has been
declining. There are attempts to revive these institutions. The Walda Sinqee
Association was established to promote the use of the Sinqee as a means of
conflict resolution. The Association provides: refugee centers, legal and
financial support, and capacity building trainings for abused women. Sinqee
associations are now recognized and supported by women’s affairs and culture
and tourism offices in Oromia.

Is strengthening women’s institutions important to foster peacemaking in

Ethiopia?

Do you know other women’s peacemaking institutions in other parts of

Ethiopia? Discuss this issue in some detail

Don Kachel: Agnuak women peacemaking institution

Women in many regions of Ethiopia play an important role in peacemaking. Agnuak women
have a peacemaking institution known as Don Kachel (IIRR, 2009, p. 28). Literally, Don
Kachel means ‘let us all live in peace’. It involves a peace-making movement initiated by
Jaye, a group of wise and elderly Agnuak women. The Jaye start a peace-making movement
based on information gathered through women’s networking. The Jaye gather information
about potential conflicts from different sources, including gossips spread in the community.
The Jaye quickly act upon receiving information about, for example, a heated argument that
could lead to conflict and fighting. The Jaye call the disputing parties for a meeting to settle
the dispute. A few neutral observers will also be invited to monitor the process of the
meeting. After examining the arguments of the two parties, the Jaye give their verdict. The
party that caused the conflict request for forgiveness in public and pay some compensation.
A sheep or goat is slaughtered after the conflict resolved; the meat is cooked and shared by
participants of the meeting. Finally the Jaye would announce the meeting is over, the
problem resolved, using these words ‘Now let us all live in peace together!’ The practice of
Don Kachel is currently being adopted by other ethnic groups including the Nuer, Mejenger,
Opo, and Komo.
The role of women as mothers is highly respected in Ethiopia. At times of
potential conflict, women, bearing their breast, would say the following to
stop conflicts: ‘please stop quarreling for the sake of my breast that feeds
you! ’Women use powerful words such as ‘batebahuh tutie’ in Amharic
speaking areas to influence quarrelling individuals. Younger people used to
respect the words of mothers and the elderly.

 What do you observe in today’s Ethiopia?

 How far the youth respect words of mothers and parents?

 How do younger people respond to advice of the elderly?

 Where are we heading in this regard?

Women’s institution of reconciliation: Raya-Azebo, Tigray
Elderly and highly respected women in a village in Raya-Azebo, Tigray established a
reconciliation institution called the Debarte. The Debarte plays an important role in avoiding
harms associated with the culture of revenge. A man may kill another man in a fight. The
incident would trigger the feeling of revenge among male relatives of the murdered man. In
such a tense situation, the wife of the killer requests for the Debarte intervention. The
Debarte quickly start their intervention to stop the act of revenge. The Debarte instruct the
murderer’s wife to gathering her female relatives together. The wife and her female relatives
get ready wearing their netela upside down and covering their hair with black cloths to show
their grief and regret. After these preparations, the Debarte lead the female relatives of the
killer to the home of the murdered man. The women cry loudly while walking to their
destination. As they come near to the home of the killed person, they utter the following
words: ‘Abyetye ezgio! Abyetye ezgio!’ ‘Oh God help us! God help us! Upon their arrival at
the compound of the victim, the Debarte kneel down and cover their heads with the dust of
the compound. They beg the relatives/family of the murdered man to give up revenge and
consider forgiveness. Initially, the relatives may not respond to the request; however, they
will change their mind and open the door to show their consent for reconciliation. After
persuading the victim’s relatives to give up revenge, the Debarte give the way for elders who
start the peace-making process.

Reflect your views on the following questions

 What do you think about the contribution of the Debarte in

avoiding revenge and making peace?

 Do you know other women’s institutions involved in making

peace?

 Do you think that women could play an important role in

peacemaking in the current situation of Ethiopia?
6.4 Legal pluralism: interrelations between customary, religious
and state legal systems

Legal pluralism is an important concept in disciplines that study legal issues. It refers to the
existence of two or more legal or justice systems in a given society or country. Legal
pluralism indicates the co-existence of multiple legal systems working side-by- side in the
same society. Pluralism as a normative concept also refers to a system that recognizes other
norms emanating outside state institutions along with a state legal standards. Legal pluralism
is evident in the Ethiopian context as well. The existence of multiple ethnic groups in
Ethiopia has not only made the country home to diverse cultures but also, a place of diverse
legal systems. Multiple legal institutions, including customary laws and courts, state laws and
courts, and religious laws and courts (e.g., the Sharia Law) work side-by-side in most parts of
the country. The 1995 Constitution of the Federal Democratic Republic of Ethiopia (FDRE)
also grants specific rights to ethnic groups, which ultimately involves the recognition of
indigenous legal systems. Additionally, the FDRE Constitution provides some spaces for
religious and customary laws and courts to address personal and family cases. The following
two Articles show this reality.

o In accordance with provisions to be specified by law, a law

giving recognition to marriage concluded under systems of
religious or customary laws may be enacted (Article 34(4).
o Religious and customary courts that had state recognition and
functioning prior to the adoption of the Constitution shall be
organized on the basis of recognition accorded to them by the
Constitution. (Article 78(5))

Legal pluralism is a pervasive phenomenon in Ethiopia. This is because a single legal system
does not have a capability to address all legal cases and maintaining peace and order.
Contemporary studies (e.g. Kairedin, 2018) indicate that the relation between the various
legal systems is characterized by cooperation and competition. The interactions of legal
systems also display contradictory perspectives and cross into territories claimed by the
other. And hence, the legal
sphere seems characterized by legal hybridism indicating one cannot stand without the
cooperation of the other legal systems.

The following justice institutions work side-by-side in most parts of the country, especially in
remote and rural areas: state/formal justice institutions, customary justice institutions, and
religious courts. The following figure shows the formal and customary justice institutions
working side-by-side in one of the districts in Gamo zone.

Source: Getaneh Mehari and Getnet Tadele 2015

Three elements are portrayed in the figure above: 1) state justice institutions including state
law, district court, and the police; 2) customary institutions including dere woga/customary
law, dubusha/customary court, and dere cima/council of elders; and 3) social court
attached to each kebele administration. The picture will be more complex if we add religious
courts such as the Sharia court which is very important in regions such as Afar, Somali, and
Harari.
 Reflect your views on the following
questions

 What are the advantages and disadvantages

of legal pluralism (having multiple
justice/legal systems/institutions)?
 Do you think that state justice institutions and
customary justice institutions support each
other to maintain peace and order?
Discuss these and related issues among your
classmates.

7. INDIGENOUS KNOWLEDGE SYSTEMS

7.1 Definition of concepts

In this sub-section, first you will learn a couple of names referring to IKS. Second, you will
discuss the various definitions of IKS. Now, let us start with discussion of the various terms
used to refer to indigenous knowledge systems in the literature.

7.1.1 Indigenous Knowledge Systems (IKS)

Indigenous Knowledge Systems (IKS) is called after different but closely related names,
which include: ‘folk knowledge', 'local knowledge', 'non-formal knowledge', 'cultural
knowledge', 'indigenous technical knowledge', 'traditional ecological knowledge', and
'traditional knowledge'. All these terms are essentially similar but they differ in scope,
domains and features of IK that they focus on. For instance, while ‘cultural knowledge’ is
more general and broader in scope, ‘traditional ecological knowledge’ is more specific as it
focuses on a single domain of IK, that is, ecology or the environment. On the other hand,
such terms as indigenous, folk and local suggest ‘originality’ or uniqueness of knowledge to a
particular culture or people living in a particularly geographic area. That is, IK emerge and
develop within a particular community (culture) and living in a particular place (geographic
context).

Similarly, IK is defined slightly differently in the literature. Mangetane (2001) defined IKS as
technical insight of wisdom gained and developed by people in a particular locality
through years of careful observation and experimentation with the phenomena around
them. For Warren (1991) Indigenous knowledge systems refer to a body of empirical
knowledge and beliefs handed down through generations of long-time inhabitants of a
specific locale, by cultural transmission, about the relationship of living beings with each
other and their environment.

The World Bank (1998) refers to IK as a large body of knowledge and skills which is
developed outside the formal system; while Hoppers (2005) defines IK as “a totality of
knowledge and practices, whether explicit or implicit, used in the management of
socioeconomic, ecological and spiritual facets of life. Indigenous knowledge is also defined
as the knowledge that people in a given community have developed over
time, and that continues to develop. It is based on experience, often tested over centuries of
use, adapted to local culture and environment, dynamic and changing (International Institute
of Rural Reconstruction, IIRR, 1996).

In Sum, indigenous knowledge constitutes the body of context-evolved cultural knowledge,

skills, attitudes, values and practices transmitted from one generation to the other. Indigenous
knowledge is perceived as having developed over time as a dynamic response to the
challenges of survival and development in a specific context (e.g., Lewontin, 1991). Socio-
cultural values are central to our actions and practices (both collective and everyday personal
behaviour) and they may include:

 Socio-economic Values: Values related to intergenerational relationships,

gender equality, tolerance for diversity, interpersonal relationships and
respectfulness, hospitality, reciprocity, and interdependence, values for
productivity, wealth, and hard work
 Moral Values –collective codes of conduct regarding truthfulness, mutual
help; helping the needy
 Environmental values: respect and concern for natural environments-forest,
sacred lands, sacred trees

 Political values: egalitarianism, respect for laws, fairness, equality, rights and duty,
lawfulness,

Reflect on the following questions

What are the major elements of Indigenous Knowledge Systems

embedded in its various definitions?

What do the different names given to the IKS suggest?

What does the concept ‘system’ in IKS refers to?

7.2. Features of Indigenous Knowledge

Some of the key features of IK are already embedded in the various definitions presented in
the preceding sub-section. These features are apparent particularly when IK is contrasted
with the formal or international knowledge system generated
by universities, global and national research institutions and private research firms. Ellen and
Harris (1996) identified the following special features of indigenous knowledge that
distinguish it broadly from formal or international knowledge. Accordingly, IK is:

a. Local (not universal). It is rooted in a particular community; it is a set of experiences

generated by people living in those communities. The term local particularly signifies
that IK is context- based grounded in a particular culture and associated with a certain
geographic area or place. Therefore, when transferred to other places, there is a
potential risk of dislocating IK.

b. Tacit knowledge, that is, not explicit or codified. The tacit nature of IK suggest that
people may develop and carry knowledge and transfer it between generations using
practices, myths, rituals and symbols (and belief and value systems) of a particular
domain but may not be able to articulate them terms equivalent to scientific categories
or in foreign words that fit a particular academic jargon or category.

c. Transmitted orally, or through imitation and demonstration. Although codifying IK

is generally possible, care should be taken since codifying it may lead to the loss of
some of its properties.

d. Experiential or empirical rather than theoretical knowledge. Experience and

trial and error, tested in the rigorous ‘laboratory’ of survival of local communities
constantly reinforce IK.

e. Learned through repetition, which is a defining characteristic of tradition even

when new knowledge is added. Repetition aids in the retention and reinforcement of
IK.

f. Constantly changing, that is, IK is not static. Rather IK is dynamic in its nature. It
is produced as well as reproduced, discovered as well as lost.

Reflect on the following questions

 Can you list some of the distinguishing features Indigenous peoples?

 Where and how you think IK is stored and transmitted from one
 generation to the next?

 What do you understand by tacit knowledge?

 Provide some examples of tacit knowledge.

7.3 Significance of indigenous knowledge

This sub-section attempts to answer a question: why do Socio-cultural Anthropologists

study IKS? Socio-cultural Anthropologists study IKS for two main purposes. First,
anthropologists study IKS for the sake of understanding local peoples’ knowledge as an end
by itself. IKS of the local and indigenous communities need to be documented and
understood, and Anthropologists learn from these communities how they produce knowledge,
store and transmit it from generation to generation. Knowledge being ‘power’ and an
important tool of survival, Anthropologists also examine changes and continuities in the
process of production and transmission of IKS, and its implications for the concerned local
communities. This is particularly important in the contemporary world where scientific or
codified knowledge is being privatized and ‘owned’ by powerful entities through such
powerful international mechanisms as patent rights and intellectual property rights.

Second, Socio-cultural Anthropologists study IKS for the sake of application. It is now
well known that IKS is the basis for local-level decision making in agriculture, health care,
food production preparation, education, natural-resource management, and many other
activities among rural communities. According to Paula (1995), indigenous knowledge can
help find the best solution to a development challenges. For example, familiarity with local
knowledge can help agricultural and health extension workers and researchers understand and
communicate better with local people.

Sillitoe (1998), citing several sources, argues that ‘it is increasingly acknowledged beyond
anthropology that [local communities] have their own effective ‘‘science’’ and resource use
practices and that to assist them we need to understand something about their knowledge and
management systems’. It is in this context that the widespread adoption of bottom-up
participation (community participation) as opposed to top-down modernisation approaches
has opened up opportunities for anthropology in development’.

In this regard, anthropologists study IKS in order to work in collaboration with other
disciplines (e.g., Medicine and health workers, Agriculture, forestry/ecologists, soil scientists
etc.) and in order to brokering information between local communities and
scientists to be able to engage in more productive, appropriate and environmentally sound
and sustainable development and other forms of interventions. Anthropologist can help
interpret farmers’ local knowledge, identify their needs/priorities and help shape intervention
incorporate IK into research and application.

In this context, IKS can be used for application in two main ways. On one hand, it can be
used as an option or alternative to scientific or Western Knowledge systems when IKS are
found to ensure cost-effective, efficient and appropriate methods of improving the lives of
local communities or solving their perceived socio-economic, environmental or health
problems. IK offers local people and their development workers more options in designing
new projects or addressing specific problems. Instead of relying on expensive imported
Western technologies, people in the developing nations can choose from readily available
indigenous knowledge options.

It is known widely accepted among anthropologists and development workers that one cannot
overlook indigenous knowledge’s ability to provide effective alternatives to the Western
knowledge system. Indigenous knowledge may help identify cost- effective and sustainable
mechanisms for poverty alleviation that are locally manageable and meaningful. It increases
and enhances livelihood options, revitalize agriculture, increase food security, improve health
and promote a sense of cultural pride within the community (Kudzayi et al, 2013). Nicolas
(2000) further states that indigenous institutions, indigenous technology, and low-cost
approaches can increase the efficiency of development programs because IK is a locally
owned and managed resource.

On the other hand, where appropriate, we can combine indigenous and Western knowledge
systems with the understanding that development and adoption of appropriate technologies
become more accessible, acceptable and effective when it is based on (or informed by)
indigenous knowledge (see Fig. 1). That is, the understanding and application of IK helps
contextualize (culturally and environmentally) scientific findings or innovation in order to
produce solutions, which are culturally appropriate, environmentally sustainable, and
economically sound. Utilizing IK in conjunction with scientific knowledge helps not just to
increase the sustainability and efficiency, which are key elements of development
interventions, of
 development efforts. It also contributes to the empowerment of local communities who are
the producers and owners of IKS.

Sources/types of Approaches to the Goals

Knowledge IK-SK intersection

Participatory Ensure sustainability of

approach projects or interventions
Intersection
or community
Indigenous participation Promote acceptability of
knowledge interventions
Collaboration
(between community Promote Effectiveness &
and expert; efficiency of projects
collaboration among
Scientific experts) Promote understanding of
Knowledge local knowledge
Knowledge/resource
mobilization Survival, self-reliance of
local communities

Figure 1: IK-LK interaction and its significances

The incorporation of IKS, where such incorporation is found to be relevant and appropriate,
into scientific knowledge is fundamental for sustainability and acceptance of development,
environmental management or health related projects (see Fig. 1). According to the 1998/99
World Development Report, knowledge, not capital, is the key to sustainable social and
economic development. Building on local knowledge, the basic component of any country’s
knowledge system, is the first step to mobilize such capital to be able to make scientific
knowledge relevant to and acceptable by local communities. In this regard, a study of 121
rural water projects in
49 countries found that 70 percent succeeded when the intended beneficiaries participated
(indigenous knowledge incorporated) in project design, compared to a 10 percent success
rate among programs where they did not.1

1
1998/99 World development Report: Knowledge for Development.
In sum, indigenous knowledge has been (and still is) serving local communities make
decisions about activities, such as agriculture, education, health, environment and many other
aspects of socio-cultural life. Yet, it is important to note that there has always been cross-
fertilization between indigenous knowledge and scientific knowledge systems, and different
aspects of people’s life have been undertaken at intersection of the two knowledge systems.
This is particularly true the current globalized world where the interaction between the two
knowledge systems is becoming more and more intense. That is why collaboration between
scientists and experts on one hand, ‘experts’ of IKS (local communities) on the other, appear
to be a viable option in the area of development, heath, environment, peace building, among
others.

In this regard , social scientists in general, and socio-cultural anthropologist in particular,

have responsibilities to study IKS and help communities and ‘outside experts’ make
decisions: (1) whether a particular domain of indigenous knowledge and scientific knowledge
systems are compatible and complementary and when to use indigenous knowledge, along
with or combined with western- based knowledge to be able to create development solutions
that are culturally acceptable to the community; (2) When to use indigenous knowledge
systems as alternative to western knowledge systems provided that they are more accessible,
less costly and more compatible with a society’s our socio-economic cultural and ecological
contexts; (3) when communities use indigenous knowledge as a tool of survival (self-
reliance) when they don’t have access to or control over western knowledge system due
economic or politico-legal reasons.

Reflect on the following questions

 Why do we study indigenous knowledge?

 How do you think indigenous knowledge is an important part of

the lives of the local community from where you come? Can
you provide some specific examples of IK and their respective
significance in your community?

 How do you relate IK to success or failure of development

interventions?
7.4. Domains of Indigenous Knowledge

In this sub-section, we will briefly discuss major domains of indigenous knowledge systems.
Indigenous Knowledge Systems consist of a number of domains or slots. Knowledge being
generally understood as a tool of survival for human beings (and societies), each domain of
IKS is concerned with an important aspect of human life. At the same time, each domain of
indigenous knowledge systems affects and is being affected by other domains. That is,
domains of indigenous knowledge are interrelated thereby having a ‘systemic’ character as
suggested by the term ‘system’ in indigenous knowledge system.

Some of the IK are already apparent from the discussions in the preceding Units. For
instance, IKS of local governance, law, conflict resolution and peace building practices have
already been discussed in Unit 6. Some examples of this domain of IKS are embedded in
such institutions as the Gada system among the Oromo, Luwa among the Sidama, Sera
among many communities in the southern Ethiopia; Gondoro in Gedeo, and Yejoka among
the Gurage. Other domains, which have not been presented in this module, for sake of
brevity, include IKS related to information exchange and communication (e.g., the dagu
among the Afar) and those related to architecture and house construction. In what follows we
outline some of the major domains of IK. Some of the domains are combined since they are
closely interrelated with each other.

Agriculture (livelihoods and food security): The domestication of plants and animal
started some 10, 000 years ago following human beings’ extended interactions with natural
environment. Since then human beings have been engaged in conscious decisions regarding
selective breeding of plants and animals, and production and distribution of food. Among
crops selected and domesticated by early Ethiopian farmers include: teff, enest and Nug.
The domestication of coffee is also highly associated with Ethiopia. Crop selection and
domestication Crop domestication and production is based on meticulous indigenous
knowledge of agronomic, metrological and climatic conditions. Detailed indigenous
knowledge of weather patterns (including weather forecasting) is an important component of
cropping calendars and livestock raising for rural communities.
Indigenous knowledge related to agriculture and livelihood activates also includes knowledge
and practices about farming techniques, soil categories and soil fertility. Ethiopian farmers
are known for their skills of soil management and soil fertility enhancement. In this regard, a
stone-terracing among the Konso of southern Ethiopia has been recognized as a UNESCO
world heritage. Farmers also use crop rotations, organic fertilizers, and fallowing as soil
regeneration practices or to enhance soil fertility through locally available and low cost
means. The Gedeo people of southern Ethiopia, who experience one of the highest
population densities in the country, are also well known for their agro-forestry farming
practice.

Local and indigenous communities have also been developing farming tools and technics in
pursuit of their livelihood. For instance, Ethiopian highlanders have developed the plough
complex hundreds of years back by combining tools made from iron, leather straps, and
wood with animal (oxen) and human power. They have also developed complex indigenous
food processing, preparation, storage and preservation mechanisms. Fermentation technics,
which are important elements of food preparation and preservation mechanisms, are widely
used in Ethiopia. These include enset processing and storage; fermentation and baking of
injera and bread, fermentation and brewing or distillation process of different types of
drinks).

Indigenous/Traditional Medicine and Healing Practices: Indigenous medicinal

practices, also widely known as Traditional Medicine (TM), consist of both human and
veterinary medicine. They constitute important components of health and healing in the
developing parts of the world. It has been determined that 80% of the population in Africa
makes use of Traditional Medicine either alone or in conjunction with conventional medicine
(e.g. Yua et al. 2016).

Traditional Medicine and healing practices deal with both physical and emotional ailments,
and are known for being holistic or for offering a holistic treatment for its users. , Traditional
medicine and healing practices include treating wounds and bone setting, preparation and
administration of different types of mainly plant-based medicine. One of the well-known
plant-based traditional medicines in Ethiopia is Koso, which is prepared from flowers of the
Koso tree (Hagenia abyssinica) and used to treat tapeworm infection.
Indigenous knowledge of medicinal plants has not only been sources of medicine for local
use but also served as sources for the development modern medicine. It is to be noted that
that many of plant-originated drugs in clinical medicine today were derived from Traditional
Medicine and that the many valuable drugs derived from plants were discovered through their
application in TM (see Yua et al. 2016)

Ecological/environment-related IKS: This constitutes an important domain as it is

particularly related to many other fundamental domains of IKS. Indigenous knowledge of
the ecosystem, which signifies the interrelationships or interactions among the different
elements of the physical and biological environment-, is fundamental for such other domains
related to agriculture, climate and weather patterns, and traditional medicinal practices (see
Fig. 2).

Ecology
(environmental
management &
biodiversity
Climate-weather conservation) Medicinal knowledge:
patterns human & veterinary
health & healing
(agriculture,
environment, health) IKS
(Experiences,
understanding, values, skills,
Agriculture- plants, practices or institutions,
animals, soil tools/technologies)
Social organization
(livelihood & food of mutual assistance
security)
(social protection)
Legal & political
organization

(governance, peace
& security)

Figure 2: Some domains of IKS and their interrelation

Local people have accumulated knowledge of the environment due to their close and long
term interaction with it. As result, the co-evolution of culture and the environment, and hence
the association between cultural diversity and biodiversity, has been of particular interest for
anthropologist. The Global Biodiversity Strategy in its principles revealed that cultural
diversity is closely linked to biodiversity and its associated ecosystems as a whole (Warren
1992). That is biodiversity and cultural diversity are mutually constitutive in that local
people’s knowledge of biodiversity, its use and management rests in cultural diversity, and
that conserving biodiversity helps to strengthen and maintain cultural integrity and diversity.

Local people have detailed knowledge of plants and animals (including their behaviour), and
changes and continuities in their surroundings, which is very important for natural resource
use and management (conservation). It is to be noted that people are interested in natural
environment due to the various but interconnected values. These include material (economic
or livelihood) value, environmental values, moral or religious values.

As a result sustainable management of ecosystems and biodiversity can be found in

indigenous and local communities (Johns & Eyzaguirre 2002). In this regard, a large
percentage of the earth's genetic diversity has been maintained and managed through farmer's
IKS (Dewes, 1993). Studies have indicated that, communities in Africa and other parts of the
world have played active roles in generating knowledge of their environment and conserving
natural resources (Warren 1992, 1997). This particularly important in the current world where
natural resources depilation and decline or loss of biodiversity due to climate changes,
population growth and culture of consumerism, and where environmental assessment,
resource management, local conservation of biological resources are becoming important
components of development planning.

Social organizational of mutual support: Indigenous knowledge systems enable

people to develop strategies for handling household and communal activities (Mangetane et
al., 2001). Human beings are social by their very nature. No one individual or family is fully
sufficient in all aspects of life and people have to engage in cooperative and reciprocal
activities. Indigenous practices equivalent to such modern concepts as cooperation, social
protection, social security and social
insurance have been developed employed by local communities. For example, in Ethiopia
farmers have been using Debo and Jige, as forms of cooperation, in order to perform
agricultural and other activities for generations. They have been serving as important uniting
forces for communal activities. Similarly, local communities, both in rural and urban settings,
have been using iddir and equb in lieu of social insurance or social protection for a long
period of time.

These labour and resource pooling experiences and customs can serve as important basis for
such contemporary practices as participatory development, participatory planning, and
community participation. Understanding of local knowledge of members of a community
provides essential inputs, including direct labor to operations. ''This deployment of manpower
is strongly supported by IKS, which is composed of technologies, rules, information,
approaches, and relationships that are vital to sustainable development'' (Kalawole, 2001).

Reflect on the following questions

 Select two domains of IK and explain how they are interrelated.

 Which domain of IKS is the most clearly visible one in your

community?

 How are IKS, which are related to social organization of mutual

support similar to (or different from) such formal concepts as
cooperatives, social protection and social insurance?

7.4. Challenges facing IK and the need for the preservation of IK

It is noted under Sub-section 7.2 that IKS are dynamic by its very nature. Some IK are lost in
the process of change while others are created or modified and integrated into the exiting pool
of community’s IKS. What makes the current changes a challenge to IKS is the rate of
erosion the changes are causing to the IKS. The rate
of change and the loss of IK are accelerating due to a number of interrelated factors, which
include ( see Grenier, 1998 for details):

Globalization: This refers to economic, socio-cultural and political interconnection of the

world as a result of improvement in communication technologies including transportation
infrastructure, digital communications (e.g., internet and mobile revolutions) and satellite
technology. You might have heard about the phrase ‘global village’ referring to how these
communications tools virtually brought people living world apart closer to each other. In
principle, communications (in the context of globalization) is like a two-way traffic. In
practice, however, parts of the world with developed economic and technological capabilities
are dominating the process of globalization and making the most out of it. Intense
modernization and cultural homogenization (westernization) are leading to loss of IKS and
useful traditions in the least developed parts of the world.

Expansion of modern education: Modern education is a means of improvement for

human life and well-being. Yet, unless it is designed or customized to the need of particular
socio-cultural contexts, uncritically accepted modern education could also serves as a major
means of the expansion of western culture and values, some disguised scientific knowledge.
It is well known that formal education often serves as status symbol particularly in the less
developed parts of the world. Having formal schooling is equated with being civilized and
acquiring modern knowledge, which is assumed to be superior to indigenous knowledge. This
is apparent in official propaganda, until recently, depicting indigenous cultures and
methodologies as backward or out of date. In the past, educated locals and outside
experts (e.g., social, physical, and agricultural scientists) ignored or underestimated IK,
depicting it as primitive, simple, static. Consequently, indigenous beliefs, values, customs,
know- how and practices, which served (and will serve) the needs of local communities
may be altered and or lost when supplanted or displaced by modern knowledge.

Development approaches: The development pursued by states and development partners

in the developing countries often follow the modernization approach. Attempts are not only
often made to adopt modern knowledge and technologies
uncritically but also to assume them as superior to local knowledge and technologies. For
instance, policies promoting generic rice and wheat varieties devalue locally adapted species.
Preferences is often given to select (or technologically improved) seed over local see
varieties; to chemical fertilizers over organic fertilizers or indigenous means of enhancing
soil fertility and to market oriented production over production for household consumption.
Such choices are not entirely wrong but become problematic when uncritically undertaken in
ways that would challenge sustainable livelihood of the local communities and their long
term survival, self-reliance and independence. Dependence on modern seed varieties and use
of chemical fertilizers, all of which have to be bought from commercial companies whose
rights are protected by patent and intellectual property rights, could make local communities
vulnerable to prices or supply fluctuations of these inputs. It could lead to the loss of local
crop varieties and diversities. The introduction of market-oriented agricultural and forestry
practices focused on mono-cropping is also associated with losses in IK practices, which in
turn result in the loss of biodiversity and cultural diversity.

Rapid population growth in the developing countries: The growth of population in

western and other economically and technologically advanced societies has either generally
been declining or stabilized. On the other hand, high rate of population growth is continuing
to be a major socio-economic and environmental issue in less developed countries,
particularly in Sub-Saharan African. Population puts pressure on the natural environment as
more and more people search for more land to cultivate, which could be accessed by cutting
down trees. With poverty, opportunities for short-term gain are selected over environmentally
sound local practices. The result could be deforestation and environmental degradations. With
deforestation, certain medicinal plants become more difficult to find (and the knowledge or
culture associated with the plants would also declines). In this context, the future of IK, that
reflects many generations of experience and problem solving by thousands of indigenous
people across the globe, is uncertain (Warren, 2004).

From what have outlined and briefly discussed in this sub-section, the need for presentation
of IKS is apparent. IKS need to preserve through encouraging its utilization and by
identifying and recording it. In order to preserve IK, we must
 gather, organize and disseminate it, similar to what we have been doing with Western
knowledge (e.g., see Amare, 2009).

The loss of IK would impoverish society because, just as the world needs genetic diversity of
species, it needs diversity of knowledge systems (Labelle, 1997). As IK is the key to local-
level development, ignoring people’s knowledge leads possibly to failure. Similarly, ''one
should not expect all the expertise for third world development to come from developed
nations, academic institutions, multinational corporations or NGOs'' (Amare, 2009). In the
face of dwindling resources available to African countries, and noting that even the
industrialized nation governments cannot provide for all the needs of the people, it has been
suggested that IK, and the technical expertise developed there from become vital tools for
rural development (Atte, 1989).

Reflect your views on the following questions

 Which are
the major factors contributing to or accelerating the loss of IKS?

 Why do we
need to preserve indigenous Knowledge?

 How can we
preserve IK?