Customary Conflict Reso lution Mechanisms in Ethiopia: A Case Study of the Raya communi ty

Abstract

Customary conflict resolution mechanism is an important instrument in ensuring
peace and security and thereby maintaining stability in the country in general
and in the concerned community in parlicular. Further, it is accessible to members
of a given society and helps to Ol'oid the sentiment of revenge between the
disputing parties and among their close relalives. Above all, cuslomary lribunals
reduce delay of j ustice, since ''justice delayed isjusrice denied". However,
customary conflict resolution mechanism has its own defects {md sometimes contradicts
with modern laws, constitutional principles and formal couri litigation
procedures. Though some customary lystems of conflict resolllliol1 mechanism
have been recognized by the FDRE constitution of 1995, in some cases they
transgress the constitutionally guaranteed rights of citiZens like that olthe right
to movement and presumption of innocence. In Raya-Rayuma, there are many
but almost the same customary Jaws and traditional practices including the arrangement
of customary tribunals. These bylaws and customary tribunals have
also similar principles andfollow the same procedures. They consist of common
moral and cultural values. The Raya customary conflict resoilltion meciJl4nisms
mainly focus on settling disputes and redressing the victims of the conflict. They
have a great role in governing the Raya society and helping them live in a peaceful
and stable manner in their respective locality. Nevertheless there is a strong
need of some adjustment to the constitutional principles, other re lel.ant laws and
court procedures so as to make them as a very important option for the Raya
society. The objective of this piece is (0 examine the strengths and weaknesses
of such customary practices, identify challenges they are faCing and forward
relevant solutions.