EVALUATING THE LEGALITY OF TRADITIONAL DISPUTE RESOLUTION

MECHANISM CONCERNING WOMEN’S RIGHTS IN SNNPR: THE CASE OF

HADIYA ZONE

The thesis submitted in partial fulfillment of the requirement for the

degree of bachelor of law (LLB) at school of law, Wolkite University

BY: ETORE MOGOS

ADVISOR: DANIEL MITIKU (LLB, LLM)

JUNE 2018

WOLKITE, ETHIOPIA
Declaration

I, here by declared that this thesis is my original work I also confirm that it has not been submitted by
either in part or in full for any degree or diploma to this or any other universities. And also that all
sources I have used or quoted have been indicated or acknowledge by means of completed references

Declared by

Etore Mogose

Signature……………………………………………………………………

Date……………………………………………………………………………

Confirmed by

Advisor

Name DANIEL. M Signature…………………… Date…………………………………………

ii
 Acknowledgement

First of all I would like to thank the almighty GOD who helped me to pass the most difficulties and
admirable challenges in my academic life. I would also want to express my gratitude to my advisor Mr.
Daniel Mitiku and thanks for Mr. Enku Tensay for guiding me throughout the duration of this paper.
Lastly but not least I thank all who have made this study successful especially my friends.

iii
Glossary of Words

Bahilli(losammi) gasso………...Customary Law

Lomanichcho…………………. Elder

Nafalihaffa…………………… a Big Tree Used for Public Gathering,

Dummichcha………………… Assembly

Adilla…………………………..King

Shumo’o……………………….Clan

Sa’iimma……………………… Adultery

Molliamaxxigasannichcho…….Traditional Religious Leader

Foreshumannichcho…………. Murder

Abarossa………………………Family

Woreda………………………...District

Waamibeyyo(birra)…..………..Burial places

Mollo………………………......The accumulate of clan

Sulla……………………………Small area in community

Giichcho………………………...People living in one area

iv
Abstract

The role of Women on indigenous institutions in dispute resolution and peace building are hardly ever
dealt in literature on Hadiyya people. The present study aims at to direct to this missing gap. It
therefore, documents the cause of dispute and the role women on indigenous institutions in dispute
resolutions among the SNNPR the case of Hadiyya people and examine legality of woman rights. To
meet the objectives various methods like interview, questioner are involved. These typical forms of
disputes in study area are seen at family, neighborhoods, clan and family level. disputes is also
triggered in the study area mainly by denial of contracts, insult, theft, disrespecting of seniority,
property destruction, breach of contracts, land related conflicts, abduction, incest and adultery. The
findings of this study also reveal multiple entangled indigenous institutions of dispute resolution: and
the, participation of women on dispute resolution like indri institutions as well as family issue clan
dispute etc.

The different types of conflicts ranging from simple insult to homicide get resolved through the
cooperative effect of these institutions. Data obtained from both my informants show that majority of
people in the study area favor the indigenous dispute resolution mechanisms than the formal one.
People‘s attachment relies on the numerous qualities they enjoy from the indigenous systems such as
chance of not being corrupted, the ability to identify crimes committed in secret, healing of the
traumas, ease of access, flexibility, time and energy saving and the exercise of familiar terminology,
which are not present in the formal institutions. In formal court the parties in conflict are always
vulnerable to high finial costs such as court fees, transportation cost, fees for getting legal advices,
food and bed rent costs. Even though indigenous institutions have been facing challenges from modern
religion and formal law, the benefits indigenous institutions provides for the people favored their
continuity.

Regarding the legality of women’s involvement in ADR mechanism in hadiyya zone is discussed clearly
as per chapter three of this paper here under as far as possible on the bases of data gathered through
methodology I used to it.

v
Contents
Acknowledgement................................................................................................................................... iii
CHAPTER ONE.......................................................................................................................................... 1
1. INTRODUCTION............................................................................................................................1
1.1 Back ground of the study............................................................................................................ 1
1.2 Statement of problem.............................................................................................................. 3
1.3 Research questions......................................................................................................................4
1.4 Objective of the study................................................................................................................. 4
1.4.1 General objective..................................................................................................................4
1.4.2 Specific objectives................................................................................................................5
1.5 Significance of the study.............................................................................................................5
1.6 Scope of the study.......................................................................................................................5
1.7 Limitation of the Study............................................................................................................... 6
1.8. Description of the Study Area and Research Methodology........................................................6
1.8.1 Location of the Study........................................................................................................... 6
1.8.2Source of data........................................................................................................................6
1.8.3 Method of data collection.....................................................................................................6
1.8.4 Simple procedures................................................................................................................7
1.8.5 Method of data analysis........................................................................................................7
1.9 Organization of the study........................................................................................................ 7
Chapter Two............................................................................................................................................. 8
2. Traditional Dispute Resolution mechanism: Conceptual Overview..................................................8
2.1 The Concept of Dispute.............................................................................................................. 8
2.2. Traditional Dispute resolution Management Mechanism in general..........................................9
2.2.1 African Indigenous/Traditional/Institutions of Dispute Resolution....................................10
2.2.2. Traditional Mechanism of Dispute Resolution in Ethiopia................................................12
2.2.3 Equality and women’s rights in general..............................................................................13
2.2.4. Constitutional ground OF ADR Mechanism in Ethiopia...................................................14
Chapter Three.........................................................................................................................................16
 3. Data Analysis and Presentation...................................................................................................... 16
3.1. Data Analysis about personal information of respondents.......................................................16
3.2 Land inheritance right of women in hadiyya (ullabaxxach/ worhasim guudanchomma)..........17
3.3 The compatibility of ADR system in hadiyya with the convention on elimination of
discrimination against women............................................................................................................ 20
3.4 Abduction and Adultery (gosima )............................................................................................... 21
3.5 Indigenous Institutions of Dispute Resolution Mechanism in hadiyya and its legality of woman
right Their Interaction.........................................................................................................................22
3.5.1 Idir......................................................................................................................................... 22
3.5 .2 Iqub....................................................................................................................................... 22
3. 5 .3 Creatures for Selecting Arbitrators in hadiyya.....................................................................22
3.5. 4 Data analysis about Advantages and Disadvantages of Alternative Dispute Resolution
mechanism in hadiyya. And its legality of women rights................................................................23
3.6. Data Analysis about the Inter Play between Alternative Dispute Resolution and Formal Court..25
CHAPTER Four...................................................................................................................................26
4. Conclusions and Recommendations...............................................................................................26
4.1 Conclusions........................................................................................................................... 26
4.2. Recommendations....................................................................................................................27
REFERENCE

INDEX

vii
Approval Sheet by the Board of Examiners

EVALUATING THE LEGALITY OF TRADITIONAL DISPUTE RESOLUTION

MECHANISM CONCERNING WOMEN’S RIGHTS IN SNNPR: THE CASE OF HADIYA
ZONE

Approved by Board of Examiners

________________________ _______________ ________________

Advisor Signature Date

_______________________ _______________ ________________

Examiner Signature Date
CHAPTER ONE

1. INTRODUCTION

1.1Back ground of the study

Dispute is an inevitable phenomenon in human interaction. Different society can experience nature of
dispute depending on their socio-economic and cultural based context. Almost all society in the world
over half long used non judicial methods to resolve conflict. The ADR movement in the United States
was launched in the 1970.Beginning as a social movement to resolve community wide civil right
disputes through mediation and as a legal movement to address increased delay and expense in
litigation arising from an overcrowded court system.1 USA has one of the world’s most advanced and
successful systems for settlement of dispute outside the formal legal system through mechanisms of
mediation and arbitration. More extensive use of this system internationally and by other countries
dramatically enhances the speed and quality of social justice globally. Usage with in the USA varies
widely. About eleven percent of civil cases in northern California are settled by mediation. Compared
to around two percent in eastern New York. 0.5 percent of civil case in Europe. About ten percent of
divorce case in Germany is submitted for mediation.2The same is true in china there are now more than
one million villages based people’s mediation court. Which is were created by the 1982 constitution. 3
In case of African societies have had their indigenous informal mechanism of dispute resolution before
the introduction of formal system through colonization during the colonial period.4

Traditional dispute resolution Mechanism (TDRM) is a mechanism to seek solution for dispute other
than the conventional. Formal and coercive instruction of modern state referred as court. 5the resolution
of dispute through traditional dispute resolution mechanism (TDRM) is primarily initiated by the good
will and free consent of the parties to the disputes. Resolving dispute through Traditional dispute
resolution mechanism (TDRM) has been practiced among the various nations, nationality of Ethiopia
for the time immemorial. Most venerated traditional institution such as the “shemagile”.

1
Statement in the federal district court; A source book for judges and lawyers, (federal centre and CPR institute for dispute
resolution. 1996,p.3-13
2
StepheralBgolderbera. Frank E.Asandernancrym Rogers . Dispute resolution; negotiation and other process(2nd edition
brown and new york; 1992 ) pp. 3-13
3
WWW.codmusjournal org/node .98
4
http//en.m. wikipdia .orgn/wiki/Alternative dispute resolution
5
Yohannes w/ Gebriel .Current status of alternative dispute resolution in Ethiopia. Direct arbitration institution, Addis
Ababa chamber of commerce and secretarial association.

1
In the central and north Ethiopia and gada in the western and southern Ethiopia served to resolve
dispute among the families, tribe, nation and nationalities.6

Traditional dispute resolution mechanism [TDRM] has deep rooted and with at firms traditional bases
among the Ethiopian societies. Its application is not limited in specific area of the country and practices
are common in most rural area and as well as in urban area. Since Ethiopia is a country in which
various ethnic groups live for together for long period of time. As I said it in the above dispute is
inevitable, these ethnic groups have experienced dispute of various types at different times. Each ethnic
group has its own mechanism resolving disputes. In Southern nation nationalities and peoples region in
case of Hadiya nation have their own indigenous dispute resolution mechanism for dispute that arise
due to different cause such as family marriage, property distribution, breach of contract, grazing land
and abasement of demarcation, homicide are major causes, the role of women is very little participant
in the dispute resolution mechanism.Hadiya nation also have their traditional institution and way of life
which directly or indirectly contribute the survival of the communities.

Currently, there are various traditional institution in the society like, Addila (king) moli lomana (clan
leader) lommana (elder) dummichcha (people assembly) haffa (big trees used for public gathering) lehi
sera (idir) institution established for emergency time.

There for it could be legal to think about frequent occurrence of various types of disputes on which
through the researchers selected these title to assess the cause of dispute. Interaction of traditional
institution and their dispute resolution mechanism with other formal dispute resolution institution the
procedures that the traditional institutions analyzing or investing its different implication on women
right. Gender equality human rights are for all human beings men as well as women. This means that
women are entitled to the same human right as men. 7All over the world women have historically often
been discriminated against in many ways.

In case of Ethiopia the two important principles in the Ethiopian constitution that promote gender
equality are also worth nothing; Article 40 which provides for the equal right of ownership of land for
women and men, and Article 25 of the same constitution provision which assures women’s right to
equality before the law and entitles men to equal protection of the law without distinction of any kind,
and under Article 35[1]of the FDRE constitution it recognizes that women shall enjoy equal right and
6
Doctor H. current status of alternative dispute resolution in Ethiopia 2014, pp.99-102.
7
International labor organization 2000ABCof women work rights and gender equality.

2
protections as men; From this provision I infer that the has been legal tradition of equality of women’s
have equal rights with men, in different properties and personal rights written constitution but those
rights are affected by different form cultural tradition of a given community in Ethiopia including
Hadiya nation;ADR way to solve disputes pertaining to women’s rights, The same is true in the case of
Hadiya nation. Due the fact that they are born as female and not male through there have been some
improvement, unfortunately this kind of discrimination still exist in our society, in case of Hadiyya
girls and women’s still do not have equal opportunities to realize right recognized by the law. In
Hadiyya women are not entitled to own property or inherit land social exclusion, female gentle
mutilation, restricted mobility and early marriage among other, deny the right to health to women and
girls increase illness. This and other problem still exists in the society at large.

1.2 Statement of problem

Individual, regions, clans, societies and state contest against each other because of dispute ideas and
ideologies as well. However the dispute could be resolved through various mechanisms. Diverse
Ethiopia society uses their traditional mechanism to deal with disputes which are internal ethnic
(between two or more ethnic and inter-ethnic within a single ethnic group) in nature. For instance the
cause of dispute among derba Oromo of northern shawa is economic and social relation between
marital partners of jealously, adultery, insult and the like.8

However, in case of wolayta in south Ethiopia the involvement of women’s ADR Mechanism is abuse
by administrative bodies of such institutions found there meaning that the involvement of women’s in
administration is aggressively abused by males there is no role of women seen in administration of
ADR Mechanism in the wolaayt tradition. Unequal social status, doctrinal difference among different
Christian religious sect was the cause of intra ethnic dispute on other hand taking corporal punishment
such as whipping the criminal are other mechanism used by the borena, karayu and guijOromo. 9Thus
examining the cause of dispute among the Hadiyya nation and evaluating the wisdom of Hadiyya in
light legality of traditional dispute resolution mechanisms concerning women right. The wisdom of
handling legality of women right in hadiyya is one of the aims of this study.

Hadiya nation is observed to be in a state of resolution s among those institutions, of Mine, Mollo,
Sulla, Giichcho and zaraa among this institution in kinship hierarchy za’lilommanahave the highest
8
Ibid
9
Demissier Gudisa. Social networks conflicts and indigenous conflict resolution mechanism among the derbaoromo
northern shawa M.A thesis AddisAbaba university.2005 p. 21

3
authority in dealing with referral from lawyer institution and reconciling serious cases like breach of
agreement ,incest adultery and murder . I believe that it is important to study the za’lilomana (clan
elders) its interaction with other institution and state structures. Mostly in the society the public cases
can appear before and treated by za’lilomana (clan elders). I hope this study will state the primary and
minor cases that can be seen before ordinary elders called Mollie lomammana (family elders).To this
end when I will expect from the mentioned sources of data collection there is disagreements and gaps to
this end my research paper came up with possible solution by analyzing and examine the existing
pluralistic intuition regarding the role of women with in these institutional frameworks.

Problem related to lack of adequacy of law either formal or informal one, due to these women’s are
biased in ADR mechanism and societal undermining of females in right of property Right including
secession rights dismantled by most of the rural society of Ethiopia particularly in Hadiyya zone. The
problem of lack of adequate knowledge toward female involvement in ADR mechanism. Women lack
of knowledge and remoteness their involvement in ADR mechanism. The problem of undermine
women in the community.

1.3Research questions
 What are the cause for conflict and its implication on the right of women?
 What are traditional institutions of dispute settlement and role of women in it’s?
 What kind of procedure do the institutions follow when solving dispute?
 How these institutions chain to each other to protect right of women?
 What are the advantage and disadvantage of these institutions in resolving conflict on women
right?

1.4Objective of the study

1.4.1General objective
The aim of this research have been describe, analyze, investigate and nature and to assess the role of the
institution in resolving conflict in SNNPR in the case of Hadiya zone.

1.4.2 Specific objectives

4
  To identify/evaluating the role of indigenous institution in handling conflict/dispute in the study
area.
 To explore the process and procedure followed by the these indigenous institutions
 To discuss/evaluating the advantage and limitation of the traditional dispute resolution
mechanism concerning legality of women right in the Hadiya zone.
 To assess the attitude of the society towards interaction between indigenous conflict resolution
institution and other settlement institution in the study area.
 To assess the view of the society towards these traditional institution and its legality of women
rights
 To identify the cause of dispute in the study area and its legality of women right
 To evaluating legality of women right in study area.
 To assess the challenges facing on legality of women rights.

1.5 Significance of the study

This study has been expected to address up to date account on cause and type of the conflict as well as
the indigenous institution and legality of women rights in the study area and other complementary
social, political, economic and cultural practice of the society at large. These it help potential
researchers to provide them with basic and preliminary information. It will also expect to serve an
important reliable ground for policy market, legal personal, government bodies and non-governmental
organizations.

1.6Scope of the study

The research is focused on the legality of the TDRM in relation to the right of woman and its practices
in SNNPR, particular in the case of hadiyya zone. It also extend to the investigate discuss, describe and
analyze the right of woman and legality of the TDR Mechanism.The type of dispute resolution
mechanism used by the local institution to resolve such dispute and their interplay between formal
means.

1.7 Limitation of the Study

There certain factors happen during I conduct these research, for instance time constraint, financial
shortage, absence of internet access, transport problem and absence of material source.

5
1.8. Description of the Study Area and Research Methodology

1.8.1 Location of the Study

Geographical location of Hadiya is a zone in the Ethiopia southern nation’s nationality and people
region (SSNPR) this zone is named after Hadiyya kingdom. Whose home land covers part of the
administrative division `Hadiya zone the bordered by KambetaTembaroon the south west, by
Dwaro zone on the west by the omo river. Which separate it from oromia region and the Yem
special woreda.On the north by the Gurage, on the north east by Silte and on the east by the Alaba
special woreda of Mirab Badawacho and Misraq Badawacho from an exclave separated from the
rest of the KambetaTembaro. The administrative center of Hadiyya is Hosssana. Who are spoke the
Cushitic Hadiyya language.

The research intended to use both qualitative and quantitative method. Thus the researcher uses book,
laws and interview. Questioner’ observation as part of qualitative and quantitative research method
respectively.

1.8.2Source of data
I have trying to obtain the necessary data from the concerned parties I employed both primary and
secondary source. The primary source include elders disputants, youth and local authorities /local
administrators with regards to the secondary source is includes both published materials such as books,
magazines, journals and unpublished reports from government and non-government organizations.

1.8.3 Method of data collection

In order to conduct this research paper successfully I am going to use premier source methods of data
collection. I will distribute, Questioners and deep interviews from conserving body in hadiyya Zone,
and selected woreda, The Interviews is going to be conducting by taking in to. The interview s where
conducted by taking in to consideration of age, sex, occupation and residence observation to get
authentic data observation to tangible data to grasp about the involvement of woman in traditional
institutions and mechanisms dispute resolution is another method of data gathering .In order to get
valuable date to study the problem am going to interview local elders as a key informants.

1.8.4Simple procedures
Selection of appropriate sample was depended on the sampling procedure followed. To this end the
researcher s has been used purposive sampling techniques. This technique is meant to give a
appropriate response for the question mentioned earlier. In terms sample size the researchers will done

6
interview with 10key informants: ten key informants was with elders and I distribute questioners for 20
individual on three sectors. Court Woman affairs and justice office in selected woreda.

1.8.5Method of data analysis

It is appropriate that in given researcher data collection is undependable. In this research I will analyzed
and interpret the raw data collected through literature review observation and focus group discussion
and case study to answer the researcher questions and to achieve the stated objectives. In this analysis I
will use descriptive and qualitative approach in interpreting the data.

1.9 Organization of the study

This paper will be organizing in four chapters the first chapter. Pinpoint back ground of the study,
statement of the problem, objective of this study, scope of the study, limitation of the study,
significance of study and organization of study. Chapter two describes the review of literature in the
field. Following this chapter the third chapter presents about data analysis and presentation. The finally
chapter, chapter four deals with conclusion and recommendation of the study

7
Chapter Two

2. Traditional Dispute Resolution mechanism: Conceptual Overview

2.1 The Concept of Dispute

In this section, efforts have been made to shed light on the specific terms and concept of dispute. To
start with dispute and conflict various researchers have forwarded different ideas about the disparity
between the two terms yet some others employ the term dispute and conflict interchangeably without
recognizing their difference. For some anthropologists and lawyers, the term dispute and conflict have
the same meaning with some differentiation and hence dispute can be defined as a conflict or
controversy.10The term dispute can also be defined as aver controversy strife by opposing argument or
expression of opposing views or claims controversial discussion 11.In addition to this, the writers of
ADR teaching material of law school of Ethiopia used the two terms inter changeably for convenience
sake.12

As it is afore mentioned some legal personal and the person who conducted a research on conflict and
dispute used the term without identifying their difference but others put boundary between dispute and
conflict. In the literature there is no single agreed explanation on match and difference between the two
terms dispute and conflict.13 Thus, in this study dispute and conflict are employed interchangeably with
out recognizing their difference. The main emphasis of dispute settlement is dealing with upholding
established social norms, rights and wrong since it is a conflict or controversy, conflict of claim or
right, an assertion of right, claimer demand on one side and meet by contrary claim or allegation on the
other.14

10
AsefaNega. Traditional dispute resolution, the concept of dispute.2005.p.52.
11
Jong Canthi.The definition of dispute. 2000. P.35.
12
TeferaEshatu and MulegataGetu; justice and legal system research institute, alternative dispute resolution,
teaching material.2009. p.3
13
Frederic Megret.West Encyclopedia of American law edition 2. 2008.p.104
14
Ibid

8
2.2. Traditional Dispute resolution Management Mechanism in general
Dispute is an in evitable aspect of human interaction and unavoidable commitment of choices and
decisions.15.Dispute occurs in an animal life, including human life. 16Thus the opinions of these scholars
undoubted show that as long as there is human interaction it is hardly possible to live without dispute.
As articulates as result of long period of socialization, every society has developed world views through
which it perceives itself and interacts with the surrounding environment. 17People put to practical use a
broad sort of models to prosecute their disagreement caused by different factors.

These wide varieties of mode of dispute settlement developed and has been employing by society are
categorized in to two the violence and peaceful-The peaceful mechanism includes avoidance, burying
the dispute in the symbolic process negotiation, mediation, arbitration and adjudication. Self-help and
duel are considered as violent means.18Each of them has their own characteristics for instance
avoidance is one way of managing conflict peace fully. 19Negotiations are characterized by voluntary
discussion between the disputing parties to reach on an agreement in the absence of third parties that is
20
responsible to give decision. The two disputant parties reached on consensus by themselves. In
negotiation the primary concern of the two parties is to influence or coerce each other 21.Mediation is a
Process of conflict management, by which the interference of third party is necessitated for the parties
in dispute have certain problems to resolve conflict on their own. According to Guller and Barashetal
the role of the intervening is as they ordered by the party in dispute, gathering information by acting as
dealerbetwean the principals, framing the issues, proposing the
possible solutions, negotiation and formalizing agreements. Third party is not one of decision maker
but facilitator of the process and then leading the parties to join decision. In the case of arbitration, the
disputants would agree to accept the last decision of the third party. It is an adversarial process, which
is governed by the principle of parties ‘autonomy.

15
Zartman,I.Rigefor resolution conflict and intervention in Africa. New York: oxford university press. 1989.p.15
16
Ibid
17
Bohamam.p.law and welfare: studies in the anthropology of conflict. Austin: University of Texas press.
deferent modes of dispute settlement. 1967.p.27
18
TeferaEshetu and MulgetaGetu; research Justice and legal system institute, alternative dispute resolution,
teaching material. 2009.p.15
19
Supra note, 16
20
Ibid
21
GulerRobers .Types of alternative dispute resolution.1971.p.55

9
 This means that it is a party in a dispute who determine whether they want their dispute to be solved
through arbitration22. Thus arbitrators derive their authority solely from the parties, then the third
neutral party could issue a decision at least to give solution for the conflict after he or she has received
evidence and listened to the arguments of the disputants. However, in adjudication there is a third party
involvement with the power of passing decision that the disputant should accept hence, the disputants
direct their arguments to the adjudicator and strive to convince him in order to gain relatively
constructed decision.23

2.2.1 African Indigenous/Traditional/Institutions of Dispute Resolution

Africa is a continent which has blindly and wrongly been, and still is continuing to be, considered
horribly as a “dark” and hopeless” place with connotatively “primitive” societies. 24 Primitive in this
sense obviously implies to mean uncivilized. However, this is not only a mere mistake but it is also an
ethnocentrically biased view. Such an unbalanced judgment emanates from the point of view which
believes that there is only one perfect, absolute and standard culture, norm or value. 25 As to the notion
of absolutism, cultures and/or world outlooks other than the perceived standard one are inferior, save
and barbaric. Proponents of this notion do not recognize, or are reluctant to accept the very idea
/principle of cultural relativism.26

The whole concept of cultural relativism is such that every society has their own norms and values
peculiar to them, it is all about the proposition which advocates that any society needs to be judged in
its own trend accordingly, right or wrong and good or bad depends on one’s own cultural
measurements.27View does not put all cultures in to the same basket and measure them with similar
standards. African societies unanimously have their own cultures of civilizations. It is believed that
Africa is the cradle of mankind, as it might also be witnessed in many archeological excavations, there
is now a day’s a tendency to believe that the first men had probably lived in Africa and Indeed,
Africans, at least like any other people elsewhere, certainly have for long time developed their own
unique system of administration and governance. 28 As part of their strong and viable system, they had
also, and still remain to have, effective and practically workable conflict resolution mechanisms which
22
Ibid
23
Ibid
24
Frances African. traditional institutions of dispute resolution 2006 .pp.13-24
25
Ibid
26
Ibid
27
Ibid
28
Id.25

10
sustained and solidified them together within their respective communities. Francis (2006) also has to
say in this relation that: According to archeological evidence, Africa is the cradle of humanity. It
therefore stands to reason that Africa had, from time immemorial, evolved its own mechanisms and
institutions for managing and resolving disputes and conflicts in ways that preserved the fabric of
society and encouraged peaceful co-existence.

All African communities have had rules to ensure that individuals lived in harmony with one another
and that justice was done when conflict broke out. Africa religions have seen man as part of universe
and have provided a moral code on which man could rely. 29. Thus, it is rational to argue that Africa, as
a civilized continent, had the conception of state and state formation as anciently as others

History tells us that there had been miraculous and until this day mysterious level of civilizations in
Africa and these civilizations had existed as equally parallel as the world’s renowned Middle East and
Greek civilizations.30This fact could be witnessed by the physically tangible remaining artifacts which
are believed to be unique up to this date and to this end, it would be suffice to mention the great
Axumite and Egyptian ancient civilizations, to just remind only few. By and large, Africa had
witnessed to have such great and enlightened philosophers of its sons like Zeraycob of the Axum who
originally had critical thoughts regarding gender equality. 31.Africa is, therefore, a home of wisdom and
art in varieties of field of areas. In fact, the indigenous knowledge system in the area of conflict
management, prevention and resolution is no exception, if not best. Francis also confirms this argument
as: It is reasonable to assume that ancient and pre-colonial Africa must have developed its own,
practical and rational wisdom.

According to pre-colonial historical evidence, Africa had developed rudimentary and in most cases,
sophisticated political, socio-economic and political institutions, and with developed approaches to
conflict management, resolution and peace building. 32 In spite of the effect of modernization, the
existing traditional institutions are yet serving to keep harmonies and solidarities among people of a
certain society.

29
Singliton S. African tradition.1967.p.5
30
Ibid
31
Ibid
32
Supra note 24

11
Although sufficient attention is not given to the traditional institutions even in the post-independence
era, however, there are to a little extent tendencies to incline to use them applying in the contemporary
issues for instance ubuntu is also an effective conception of peace making institution. The essence of
ubuntu is to promote a culture of peace, tolerance, peaceful co-existence and mutual development.

As a dispute prevention and peace building strategy, based on the principle of reciprocity, inclusivity
and a sense of shared destiny between peoples and communities. 33The ubuntu tradition, in practical
terms, is about reconciliation and building peace in divided societies, and about Diacritic
Participation. Even with the presence of such local institutions, it is an open secret; however, that news
about the prevalence of conflicts in Africa has become cliché. Conflicts are aggravated and intensified
in the post-independent Africa more than ever. The reason may, among others, be because of the fact
that Africans are unable to handle their own matters through their customary institutions. The issue of
conflict management and resolution is, therefore, no exception in this regard. . Francis (2006)
contrastingly further elaborates the elective and Prescriptive processes as: The elective process of
dispute resolution is based on building and creating appropriate models from the cultural resources and
dispute knowledge available in a given setting. 34

2.2.2. Traditional Mechanism of Dispute Resolution in Ethiopia

Recent researches show that several indigenous systems including system of dispute settlement have
survived a largely practiced among the various ethnic groups of Ethiopia. For instances xeeri Beegtii
customary system among the Somali of Ethiopia has a jurisdiction over any kind of dispute arising in
their area35.The participant in xeerbegtiar were selected by their respective clans and families 36.The role
of elders in conflict resolution among Arsi-Oromia in Dodolla district discovers an examines three
customary dispute settlement institutions (jaarsabiyya,jaarsahayyuu and sinqeehanfalla.Jarsabiyya are
self-initiated and usually deals with the issues of small importance .Jarsahayyu are solicited to deal with
severe cases that require for the interpretation and application of oromo customary law. The last and
most important institution lead and dominated by females.

33
Ibid
34
Id
35
Mohamed G. Conflict resolution amongarsi-oromo. 2008 .p.21
36
Ibid

12
The Arsi-Oromo organized for the dispute resolution is Sinqeehanfalla, is responsible to take action
ranging from insult to the destruction of offender property when their fellow women faced problem or
victim of criminal activities.37On the other hand elders play par mount role in reconciling the
conflicting parties among Wolayta of southern Ethiopia and their traditional mechanism of managing
conflict is generally known as awasiawhich literally means reconciliation which is carried out by
council of elders known as Deryacima.38Similarly in Sidama, an indigenous institution called
Gossusongo is the highest is the highest council of elders where issue of serious concern including
homicide would be dealt.39 among the oromo, the amhara,thegurage ,the wolayta the sidama the Somali
and other national ethnic groups elders meeting called by the name Jaarssa,Shemagile,Songo,Cima and
their function in reconciliation is exceedingly valued. 40Thus like other ethnic groups in Ethiopia, in
southern nation nationality and people region.Hadiyya societies are also rich in indigenous mechanism
of dispute resolution which have been practicing for long period of time. The most famous institution
of governance and dispute settlement of Hadiyya people is nafali dummicha (people’s assembly).
Women shall not participated on dispute settlement because of society consider as home worker

2.2.3 Equality and women’s rights in general

When we seen The Beijing World Conference probably set the clearest agenda for improving gender
equality and women’s rights internationally as enunciated in the Beijing Platform for Action [BPFA] 41.
The BPFA provided the background upon which African institutions and states have sought to rectify
the challenges of gender inequality and the respect and promotion for women’s rights in Africa. While
it took the almost ten years from Beijing to the formulation of the African Women’s Rights Protocol 42;
from as early as the preparations for the Beijing Conference, It had become clear that there could be no
meaningful development on the continent without regard to gender equality and the rights of women. In
particular, the reality that women were not considered as important/meaningful players in the
development of their communities and economies nor were they regarded equal citizens to their male
counterparts.

37
Ibid
38
Melese Girma.Traditional mechanism of managing conflict in wolayta.2008.P.66
39
Ibid
40
Ibid
41
United Nations fourth world conference on women, September 1995
42
The protocol to the African charter on human and peoples rights on the right of women in African.2005.

13
This inequality manifested in discriminatory laws and the application of the said laws and policies.
Against this background, gender equality and women’s rights became the key themes in the
developmental discourse on the continent. However, despite this recognition of the critical importance
of gender equality and the respect and promotion of women’s rights, the reality of African women is
that there still remains glaring gaps between what is understood to be correct and appropriate and what
prevails/subsists on the ground. Significant policy strides have been made, both at continental and
national government levels in addressing gender inequality and women’s rights as evidenced by the
various legal instruments and frameworks put into place to address the issues of gender equality and
women’s rights.

The African Union has led the way with the African Women’s Protocol, the African Union Solemn
Declaration on Gender Equality in Africa and the African Union Gender Policy 43. This has translated
into similar sub Regional policies such as the Women’s Rights Protocol 44to national level policies and
legislation, seeking to address gender equality and to promote the respect for women and women’s
rights. All these frameworks are premised on the fact that without recognition of women’s rights and
gender equality there can be no meaningful development. However despite the well articulated policies,
frameworks and legislative provisions, the situation of women in Africa remains marred by inequality
and the existence of rights that are rarely protected, and where they are, difficult to enforce. Much has
been written on the disconnection between what the laws and policies provide and the reality of
women’s lives. The same is true in Ethiopian women equality are under question in past regime. But
know Ethiopia became so many international regional national instruments to protect women right
equal with men even though they do so still know inequality problem exist.

2.2.4. Constitutional ground OF AD R Mechanism in Ethiopia

One of the pillar right of the citizen is the right to access to justice and the right to recognized under the
Ethiopian constitution as it is true for other nations. for instant article 37 of the constitution has declare
that everyone has the right to bring justifiable matter to and obtain a decision or judgments by court
and law or any other competent body with juridical power. This provision upholds many element from
this the one is that an individual can as of his right to bring any of his grievance to the appropriate
body.

43
African Union solemn Declaration on Gender Equality in African signed in July 2004, Addis Ababa.
44
http/www.sadc.int/indx/browse/page465

14
The second one is the generality and the subject matter which should be taken to that of the appropriate
body should be only justifiable matter and the third is that individual has right to get remedy according
to the this provision the primary intuits in which is empowered by the constitution to settle the dispute
is the court. However even though the construction has not other base said provided clearly they are
another organs with judicial power.

As can infer from the construction provisions the government has a right to establish the special court.
This witnessed from the constitution provision of article 78[5] cum article 34[5] of the FDRE
constitution in this article the government [HPR and state council can establish or give recognition to
religious and customary courts and has allowed .At the latter article the judgment dispute relation to the
Personal and family matter. With that of judicial organ other than the courts based or the constitution of
the FDRE. Hence the religious and customary courts are that of the competent judicial authority which
have constitutional guaranty’ the existing share court is an example to this.

It is clear that of the religious and customary judicial bodies are basically play an important role, in
resolving the disputes through the alternative dispute resolution mechanism .Such as negotiation
mediation and arbitration. Therefore when in the above grounds it is possible to conclude that ADR has
a constitutional guarantee under Ethiopia legal system. Generally FDRE constitution gives place for
ADR. In article 37.78[5] 34[5]45

45
The Constitution of The Federal Democratic Republic of Ethiopia[1995 proc.No 1/1995,yea1.No1 art 37.78[5]34[5]

15
Chapter Three

3. Data Analysis and Presentation

3.1. Data Analysis about personal information of respondents

The questionnaires’ was dispatched to systematical selected 30 respondents, from hadiyya zone elder’s
court justice office and woman affair of hadiyya zone

Table 1 General characteristic of the respondents

Variables Category Number of respondents Percentage

Male 21 63.63%

sex Female 12 36.36%

Total 33 100%

Non educated 5 15.15%

Grade 8 1 3.03%

Educational status Grade 9- 12 2 6.06%

Diploma 7 21.21%

Degree 18 54.54%

Total 33 100%

Source: questionnaire 2018

16
As I shown in the above table the majority 18(63.63%) of the respondents’ were males, following
12(36.36%) where females as observed from the above table 5(15.15%) of respondent where non
educated, 1(3.03%) of the respondents where grade 8, the other reaming respondents where grade 9_ 12
2 [6.06 %,} anddiploma7 [21.21% and degree 18(54.54%) each. The respondent reflects as flows about
women rights and its legality on the questionnaire.

3.2 Land inheritance right of women in hadiyya (ullabaxxach/worhasimguudanchomma)

Like other ethnic groups of Ethiopia, the hadiyya nations are agrarian society where land deserves a
high value. They give high value to land; this can be understood based on the comparison they are
making between mother and land. That is to say, they are comparing land with mother. In this regard,
almost all of my informants argue that, according to their conception, as a child could not be able to
survive without its mother, human beings in the hadiyya society) could not be able to survive without
their land.46

To explain more their relationship, they are usually uttering their proverb which says: ulliiamagudo
meaning land is equal with mother. They have strengthened their argument, they said: as a baby is
always waiting for his food from his mother, the Hadiyya society is waiting its food from its land‘.
From this one can infer that there is strong tie or intimacy between the Hadiyya society and their land.
Therefore, land is an invaluable source among the adiyya society. And because of this long established
between land and human beings and the increment of population in the study area, today, land becomes
very scarce and valuable resource than ever before.Hence,scarcity of land is a ground for most part of
interest conflicts among the hadiyya society, particularly, between the youth (who has no access to
land) and the owners ‘of land (it is possible to say those who are largely assigned under the past
generation).In this regard, the only means the young generations depend to have land and benefit from
it is getting land through the means of contract, purchase and through inheritance. Even though the
young and landless individuals get access through the aforementioned means, the mechanisms (land
sale and purchase) in our country is not legally guaranteed. In this regard, those who are buying land,
which is against the constitutional tenet of the state, could not able to get while those who sold land
violated the agreements.

46
Interview Ato Dana Abeba, Habta muminda, Dunalo forsido,Elder in soro woreda

17
When such violations committed, conflicts would usually appear between the buyers and the sellers
while the buyers attempting to gain what they have lost either through local institutions or force. This is
also the case while those who rented land cancelled the contract before the deadline. In this case,
renters usually cancel contracts with the intention either to rent their land to another person or using for
themselves. In relation with this, our local informants explain that buying land without legal ground
and cancelling contracts before the end of the contract agreement are the common causes of conflict in
the study area.47During sale of land woman do not consult at all why because of she shall not be
consider as family number because of from the very begging woman consider as non inherent of family
land, this can also contradicts with constitutional right of equality and against legality of woman right,

The right of land inheritance is the other land related cause of conflict in the study area. And its legality
of women rights According to my informants, as it is so in matrilineal societies, among traditional
Hadiyya woman has no land inheritance right. When woman get married she is considered as part of
their husbands ‘clan. And even after their marriage, women could not be on the side of their families in
time of difficulties before and after they got old because they are usually living far from their families
because of their families ‘intention to create relatives in the distant places. Thus, she is entitled to
inherit the property that belongs to her husband. And hence, in the past, among the Hadiyya society,
inheritance based conflicts were mainly experienced between the male progeny of a given family. This
was at a time when the elder brothers aimed to take the larger proportion of land or other types of
properties of their deceased families by suppressing the interest of their little or younger brothers.
Different reasons were forwarded by informants for why the male offspring inherit their family‘s
properties. For Instance, according to their conception, it is because the male offspring are living with
their families even after they got married. And hence, they are the only individuals who are on the side
of their families in time of difficulties like health problem, shortage of man power, particularly, at a
time when their families got old and could not be able to till land and could not be able to participate in
the self-help associations.48.Du to this sole ground woman shall not be inherits family land unless no
male dissident for dissuade. The above ideas of my respondent are contradict legality of women rights
because of the right to inheritance of family land under FDRE constitution given for all without
deferens on base of sex. But in Hadiyya culture women the lacks land inheritance on base of sex.

47
id
48
id

18
However, after the promulgation of the 1995 constitution, women are entitled to inherit their parents.
And this usually leads to the conflict between the men and women offspring. That is, men, depending
on the past traditions of the society, are reluctant to share the property and land at a time when their
families passed away. And, on the other hand, women would try to exploit the advantage that the 1995
constitution of the state has offered them. In line with this, Article 40 Sub-article 3 of the 1995
constitution explicitly presents women‘s inheritance right over their family‘s property and land. 49
Therefore, according to key informants, the conflict of the Hadiyya customary law and constitution
becomes the cause of conflict particularly in relation to the issue of inheritance between family
members as soon as their parents passed away especially on women inheritance rights. In general still
know women shall not inheritance rights on family land in Hadiyya .because of cultural influence in
society.

According to informants, using burial land or places for different purposes other than its actual use
could also instigate serious conflicts among clans or groups or individuals. That is, for instance, among
the hadiyya society waamibayyo (burial places) have great respect than other places, and grazing or
conducting other activities on the waamibayyo other than religious activities would lead to serious
conflicts. It is obvious that because of the fences animals don‘t enter the burial places during both the
rainy and dry seasons and because of this the grass in the compound would grow in a better way
different from other places. And during the dry season no one would be allowed to graze on such
places, and it is considered as aammaxxa because the society believes that if someone grazes on such

Places, it is considered as downgrading the ancestors and their spirits. And hence, a given clan‘s burial
place is respected and protected by its members. However, some individuals would usually try to graze
on the burial places mainly during the dry season when there is scarce fodders to feed animals just by
playing down the tradition of the society. During such cases such individuals would come into conflict
with either their clan members or other clan members. Therefore, in this case, burial places would
become the cause for the serious conflicts particularly if it is between different clans. 50 As the data
gained from Hadiyya zone elder and other relevant organ reveals land based conflicts include land
ownership, from very begging woman shall not be inherits land from family based on cultural
perspective. This also affects rights of equality before the law.

49
The Constitution of The Federal Democratic Republic of Ethiopia[EFDR,1995 proc. no 1/1995,yea1.No1 art 40[3]
50
Interview clan ldarAto Abagze Ababo Arqalo in soro worda salfe keble

19
 Pushed land related conflicts to take the front position out of the stated economic reasons. In all above
case woman call for [duncha] rather than decision making role. 51This also undermines woman right and
its legality. What I get by help of questionnaire from women affairs even though through the time we
give tiring to cerates awareness about her rights still know hinder to change attitude of the society.
Women are still have no role in socio- economic participation because of male dominance over ADR
mechanism and socio-economic right in the society. Furthermore, in the society of Hadiyya females did
not have equality property at the time of both dissolution of marriage and succession. Accordingly,
Hadiyya’ legal tradition women’s’ rights of involving in the institution very par from the current legal
trend which is encompassed as per Art 25 and Art.40 (3) FDRE constitution proclamation number
1/1995.52

3.3 The compatibility of ADR system in hadiyya with the convention on elimination of
discrimination against women.
When we seen in Hadiyya compatibility of ADR with convention on elimination of discrimination
against women, the system practiced in Hadiyya contradict with women rights. Because of The
CEDAW reflects the scope of exclusion and restriction suffered by women solely on the basis of their
sex. It sets out equal rights for women, regardless of their marital status, in all fields - political,
economic, social, cultural and civil and calls for national legislation banning discrimination. It allows
for temporary special measures (‘affirmative action’) to accelerate the achievement of equality in
practice between men and women.53 Actions to modify social and cultural patterns that perpetuate
discrimination (Article 5). Other measures aim at equal rights for women in political and public life. 54
(Article10) non-discrimination in employment and pay; and guarantees of job security in the event of
marriage and maternity. The Convention underlines equal responsibilities of men with women in the
context of family life. Furthermore, articles of the Convention call for non-discriminatory health
services for women, including services related to family planning, and equal legal capacity to that of
men.

States Parties agree that all contracts and other private instruments that restrict the legal capacity of
women ‘shall be deemed null and void’55Also other international human right instrument came binge
51
Id
52
The Constitution of The Federal Democratic Republic of Ethiopia[1995, Proc.No 1/1995,yea1.No1)Art. 40[3]and 25
53
International Convention on the elimination of all form of risial discrimination against women [2106[xx]21December.
1965
54
Ibid
55
Ibid

20
After the Second World War, a number of treaties on the protection of women were drafted and both
the UN Charter and the International Bill of Human Rights for example under Article 3 of ICESCR and
Article 3 of ICCPR) proclaim that equal rights for men and women and ban discrimination on the
grounds of sex. In addition to instruments relating to discrimination in general, a whole series of
instruments have been developed specifically for the protection of women, the elimination of
discrimination against women and the promotion of equal rights. These serve to create a broad,
international framework for future developments and the establishment of general norms for national
policy.56 The compatibility of ADR in Hadiyya zone with regard to the right of women proved under
national and international instrument, towards inheritance, the property involvements in the cultural life
of the society, the right to property and participation in the different section of society of Hadiyya zone
is in its very nature and practice lacks the compatibility with CEDAW and its might be far from legality
when I infer both CEDAW.ICCPR and ICESCR other legal instrument both national and international
level.

3.4 Abduction and Adultery (gosima)

Among the Hadiyya Abduction which has been one form of marriages however it also sometimes
results in conflict, which may even escalate to the extent of costing life. It would be done with or
without the girl‘s motivation. When the girl is kidnapped by force, she shouts for help. During that time
if the girl‘s family reaches on the spot, they would try to liberate the girl from the abductors. Culturally,
it is disgraceful for the kidnapper to lose the girl he abducted by the girls ‘family. For this reason, the
use of force by both parties to retain and liberate the girl usually resulted in group fight and still cost
life. Informants argue that abduction caused woman right has been declining because the government is
taking serious actions and the gradual increment of the awareness of girls with regard to their rights.
Even if woman abduct without her consent the case not goes to court the finished by ADR mechanism.
Adultery is the other serious offenses among the Hadiyya.57

The respondent say that case of abduction not goes to formal courts the finessed by elder Because of to
keep good name of the family of abducting women. What I understanding from the respondents is that
the issue of legality of women right shall not be considered rather than the considered more focuses for

56
DemelashShiferaw, &YonasTesfa Prepared under the Sponsorship of the Justice and Legal System Research Institute
Human Rights Law Teaching Material 2009.p.72
57
QuestionareHadiyya zone Women Affar.MS Genate H

21
cultural values of the society. On my personal views ideas of my target respondents is not supportable
because of it contradict with legality of women rights.

3.5Indigenous Institutions of Dispute Resolution Mechanism in Hadiyya and its legality of woman
right Their Interaction

3.5.1Idir
In Hadiyya idir is mostly known traditional institution serving for funeral ceremonies and as self-help
during emergency time; in addition it solves the minor issues like family case. They does not inter into
causes which came from outside the idir members. They instruct money fees on wrong dowers, if
person refuses to interact peacefully with the idir he or she could leave membership. In general in
Hadiyya society idir serves not only for emergency time but also as dispute resolution institution. In
Hadiyya culture woman dose not became leader in idir in any miens why because of the consider as
weaker parts of the society. And they consider as family holder rather than leaders. In general
indigenous institution in hadiyya exclude woman from leadership’s role. This also contradicts right of
woman to be considered equal with men.58

3.5.2Iqub
In Hadiyya iqub is one of the mostly known traditional institutions the serving for self helping during
normal time. Most of the time people entree in to iqub is the tradition institution that employed to solve
the problem which is beyond the financial capacity of single members the association ‘To this end,
women has the minimum role in this type of tradition financial institution. Meaning that there is male
dominance and inferior women hierarchy in leadership59

3. 5 .3 Creatures for Selecting Arbitrators in Hadiyya

According to Hadiyya nation elders solve so many problems in the day to day life of the society. From
this elder solve simple offence to aggravated homicide. The ways of elect the elders are on the basis of
so many creatures, age .sex. Friendships. Clan family….Etc my target informants the inform that
women shall not elects for arbitrators why because of cultural and attitude problem in the society, the
also considers as weaker. The whole responsibility of women is care for family and child care. 60 at all
no habits of women arbitrators in Hadiyya culture, from the above point view I understand legality of

58
Interview idir leader Ato tamirat lafebo in gombora woreda
59
Interview iqub secretarial in lammo woreda
60
Interview Ato Dunalo forsido

22
women rights are not be consider at all why because of all creatures for selecting arbitrators based on
the cultural values of the society and the like.

3.5. 4 Data analysis about Advantages and Disadvantages of Alternative Dispute Resolution
mechanism in Hadiyya. And its legality of women rights
Table2.Data analysis about Advantages of Alternative Dispute Resolution Mechanism in Hadiyya and
its legality of women rights

Variables Category No of respondents percentage

Yes 30 100%

Are there any

advantages of ADR
Yes 30 100 %
mechanism in this
zone on the legality of
women rights
Total 30 100%

Source questionnaire and interviews from elder and courts 2018

According to the above table, the respondent which accounts 30(100%) pointed out that there are
advantages of alternative dispute resolution for hadiyya society. From those respondents some
mentioned the advantages of dispute resolution mechanism by saying: It minimizes cost, it is obvious
that the person consume their labor and large amount of cost to come to the woreda when resolving the
dispute in formal litigation process. Thus the existence of traditional dispute resolution mechanism
minimizes the cost and labor of disputing parte and at the same time in hadiyya women is economical
less. It is important to save time and many because of in formal court the need court fee lawyer fee and
other related fees. But in case of alternative dispute resolution mechanism there is no such cost unlike
that of formal court.

23
According to my respondent the only concerned on piece keeping rather than legality. 61 My respondent
says that even though the harm women right the keep continues piece on family as well as community.
In case of legality of women rights ADR Mechanism concerned on culture rather than the legality this
also same haw affect women rights in so many whys For example during on distributing of family
property. Inheritance and the right to be consider equal before the law this also directly contradict with
Art 25and 40 [3] of the EFDR constitution. On my personal view I should not be partial accept the idea
of respondent why because of the contradict with above constitutional rights of women’s. The other
advantage of alternative dispute resolution pointed out by the respondent is that it strengthens the
relationship between or among the disputing parties.

Table3. Data Analysis on Disadvantage of Alternative Dispute Resolution mechanism in hadiyya

and its legality of women rights

Variable Category No of respondents Percentage

Yes 13 39.39%

Are there any

disadvantages of ADR
mechanism on the No 20 60.60%
legality of women
rights?

33 100%

Total

Source questionnaire 2018 and interviews

According to the above table, the respondent whom accounts (39.39%) 13of 30 pointed out that there
are some disadvantages of alternative dispute resolution. Amazingly, seven from those 13 respondents
explained their disadvantage in similar word. They said it is weaker than court litigation in the case that

Source Questionnaire and Interviews From Elder and Courts 2018[Questionnaire to Hadiyya Zone
61

High Court civil bench Judge Mr. Balata Blacho and Interview AtoArgaTamirat

24
its rehabilitation or reformation process is not fully valuable and the parties to dispute feel confidence
or no fear for traditional institution resolving the dispute as equally as the respect and dignity given for
formal judge because those elders resolving the disputes are the person whom they know or they may
be come from their village. But the legality at the stack because of the only concern of elder is
resolving the dispute rather than legality of women rights. 62The other disadvantage of alternative
dispute resolution pointed by the respondents in the Hadiyya is that it is difficult for enforcement. Most
of the time in favor of the men rather than women. This also against women rights to get compensation
for damage.

3.6. Data Analysis about the Inter Play between Alternative Dispute Resolution and Formal
Court
Table 4, Data Analysis About the Inter Play between Alternative Dispute Resolution and Formal Court

Variable category Number of percentage

respondent

No 0 0%

30

Total 100%

Source questionnaire 2018

According to the above table, 30(100%) of the respondent pointed out that there are an inter play
between the traditional institution established to resolve disputes in the Hadiyya and formal court. The
respondents said that, some of the parties go to the formal court to resolve the dispute between them.
However, the court allows them at any time before judgment to resolve their case before ADR
institutions by considering the several advantages of ADR. 63But when the decisions given out of court
contradict with legality of women rights the court null and void the decision given by anybody out of
court.

62
Source questionnaire from hadiyya zone women’s’ Affairs, Ms.Birhnash .H soro word a women afar
Haed.lamoword a women afars,Ms burtukan Ayele
63
Source questionnaire 2018 Soro worda first instant court Judge Mr. dayamo.T

25
CHAPTER Four

4. Conclusions and Recommendations

4.1 Conclusions
Woman right is one of the human rights. The must be respect protects equal with men and the need
legal protection. In Hadiyya indigenous/traditional/ institutions played a great role to maintain peace
and security within a given community. Therefore, indigenous institutions in Hadiyaa society are still
widely exist and respected within Hadiyya culture. These institutions in the society deal with various
issues, responsibilities and mainly their duty is dealing with injustices and settling/resolving/ disputes
among different groups of the society in the study area. But their duty and responsibilities differ as their
levels vary. There are different levels of indigenous dispute resolution institutions in hadiyya society.
Generally speaking Hadiyya society possesses of traditional/indigenous / dispute resolution institutions.
Clan variation. Therefore, the following are indigenous conflict resolution mechanism institutions in
hadiyya society: “idir” (institution save guard during emergency time), iqub“mollidana (representative
of clan), “haffa (sacred tree), “the dummicha” (elders institution) and the zallidumicha (assembly of
people).

In hadiyya society indigenous institution have long history about their origins, roles, types and other
related issues. Toady indigenous/traditional/ institutions are mostly used by the hadiyya people because
costly and time effective in addition to many other benefits provide for the society when we compare
with modern institutions. However, this does not mean that those institutions are free from some draw
backs because they are week in their rehabilitation and reformation as well as difficulties of
enforcement of their decision.they also harms women right in day to day life because of over all rights
of women affected by cultural perspectives of society. This also affects legality of women rights in the
society.

At this time government courts encourages indigenous/traditional/ institutions to promote peace and to
solve dispute at the grass root level or at the local level. Nowadays, indigenous institutions are facing
different problem due to modernization/globalization/. In the past, such institutions were the center of
peace and security. They were served as schools to gain the value, norm, belief of the Society. But at
this time, the core values of indigenous/traditional/ institutions are changing due to the above
mentioned factors especially among the young generation. The young generation began to see the
indigenous institutions as less value in solving different communities’ problem than the modern
institutions in terms of procedures in solving dispute between two parties. But indigenous institutions
very effective, respected religiously or culturally within the society in resolving any local dispute. But
legality of women rights at stakes because of thus indigenous institutions focus on cultural values rather
than legality. Finally, the traditional dispute resolution mechanisms of Hadiyya Zone was far apart
from the legality of woman’s involvement in the day to day functioning this indigenous institution
because it under mines the role of women and their respective rights which are encompassed as per
different human right instruments and other relevant legislation of to days legal systems. In other word,

26
these traditional institutions were functioning in contrary both democratic rights granted by law and
human rights granted by because of being human and protected by the law of a given jurisdiction.

4.2. Recommendations
Based on the research findings, regarding to Alternative Dispute Resolution Mechanism in Hadiyya and
its legality of women rights, here are the possible recommendations:

 I recommend that to awareness about woman right to inheritance equal with men because of
the rights of inheritance equal with men to be constitutional rights without sole gerunds of sex
and other craters. Also I recommend Hadiyya elder to participate woman on ADR Mechanism
equal with men to insure women equality in the society. In Addison to the above
recommendations I recommend woman affairs to work on woman right by giving different
tiring programs by coordinating with governments and non governing organza’s constantly.
 Indigenous/traditional/ institutions have played a great role in solving conflicts within the
society equally like that of the modern institution protection so, it need protection. and my
recommendation is that thus indigenous institution must be give more enfaces on legality of
women rights rather than culture of the hadiyya’
 Indigenous institutions have unique mechanism in solving conflicts among society and should
be preserved for the next generation.
 Responsible bodies such as government, non-government organizations, researchers/
academicians/ should play a great role to empower and preserve indigenous institutions. In
hadiyya at the same time to balance women participant in ADR Mechanism. As the same time
the work on legality of women rights.

27
Reference

Books

 Asefa Nega.Traditional dispute resolution, the concept of dispute.2005.p.52.

 Bohamam.p.law and welfare: studies in the anthropology of conflict. Austin: University
of Texas press. Deferent modes of dispute settlement. 1967.p.27
 Demissier Gudisa.Social networks conflicts and indigenous conflict resolution
mechanism among the derbaoromo northern shawaM.A thesis AddisAbaba
university.2005 p.21
 Doctor H. current status of alternative dispute resolution in Ethiopia 2014, pp.99-102.
 DemelashShiferaw, &YonasTesfa Prepared under the Sponsorship of the Justice and
Legal System Research Institute Human Rights Law Teaching Material 2009.p.72
 Frederic Megret.West Encyclopedia of American law[ edition 2. 2008.p.104
 Frances African. traditional institutions of dispute resolution 2006 .pp.13-24
 Jong Canthi. The definition of dispute. 2000. P.35

 GulerRobers .Types of alternative dispute resolution.1971.p.55

 Hadiyya Zone Information and Culture Department.2004.The History of hadiyya People
from Ancient to 1974.
 Statement in the federal district court; A source book for judges and lawyers, (federal
centre and CPR institute for dispute resolution. 1996,p.3-13

 .Stepheral Bgolderbera. Frank E.Asandernancrym Rogers . Dispute resolution;

negotiation and other process(2nd edition brown and new york; 1992 ) pp. 3-13
 Yohannes w/ Gebriel .Current status of alternative dispute resolution in Ethiopia. Direct
arbitration institution, Addis Ababa chamber of commerce and secretarial association.
Mohamed G. Conflict resolution among arsi-oromo. 2008 .p.21
 Melese Girma.Traditional mechanism of managing conflict in wolayta.2008.P.66
 TeferaEshetu and MulgetaGetu; Justice and legal system research institute, alternative
dispute resolution, teaching material. 2009.
 TeferaEshatu and MulegataGetu; justice and legal system research institute, alternative
dispute resolution, teaching material.2009. p.3
 Zartman,I.Rige for resolution conflict and intervention in Africa. New York: oxford
university press. 1989.p.15

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Internet source.

 WWW.codmusjournal org/node .98 last accessed on Jan.1, 2018

 http//en.mwikipdia .orgn/wiki/ last accessed on Jan 1, 2018
 International labor organization 2000ABCof women work rights and gender equality.last
accessed on Apr22/2018
 United Nations fourth world conference on women, September 1995 last accessed on Jan Apr
12/2018
 The protocol to the African charter on human and people’s rights on the right of women in
African.2005./ last accessed on march 2/2018
 African Union solemn Declaration on Gender Equality in African signed in July 2004, Addis
Ababa. last accessed on March 18/2018
 http/www.sadc.int/indx/browse/page465 last accessed onMarch18/2018

Treaties

 International Convention on the elimination of all form of risial discrimination against

women [2106[xx]21Dec

Laws
 The Constitution of The Federal Democratic Republic of Ethiopia[EFDR,1995 Proc.no
1/1995,yea1.No1 art 40[3]and 25

Interview and Questionnaire Source

 Interview clan ldar Ato Abagze Ababo Arqalo in soro woreda on salfa kebel
 Questionare Hadiyya zone Women Affars head.MS Genate H
 Interview idir leader Ato tamirat lafabo in gombora woreda
 Interview iqub secretarial in lammo worda
 Interview Ato Dunalo forsido elder in soro woreda
 Source Questionnaire and Interviews From Elder and Courts 2018[Questionnaire to Hadiyya
Zone High Court civil bench Judge Mr Bleta Blacho and Interview AtoArgaTamirat
 Source questionnaire from hadiyya zone women afar, Ms Birhnash .H soro worda women afar.
Lammo worda women afar,
 Source questionnaire 2018 Soro worda first instant court Judge Mr.dayamo.T

29
INDEX

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