Humanities and Social Sciences

2021; 9(5): 187-201

http://www.sciencepublishinggroup.com/j/hss
doi: 10.11648/j.hss.20210905.17
ISSN: 2330-8176 (Print); ISSN: 2330-8184 (Online)

The Role of Jaarsummaa (Council of Elders) Institution in

Resolving Resource-Related Conflicts in Haramaya District
of East Hararghe Zone, Oromiya
Abadir Youya Musa1, *, Bamlaku Taddese2
1
College of Social Science and Humanities, Peace and Development Studies Program, Haramaya University, Dire Dawa, East Ethiopia
2
College of Social Science and Humanities, Peace and Conflict Studies Program, African Leadership Excellence Academemy, Addis Ababa,
Ethiopia

Email address:
*
Corresponding author

To cite this article:

Abadir Youya Musa, Bamlaku Taddese. The Role of Jaarsummaa (Council Of Elders) Institution in Resolving Resource-Related Conflicts in
Haramaya District of East Hararghe Zone, Oromiya. Humanities and Social Sciences. Vol. 9, No. 5, 2021, pp. 187-201.
doi: 10.11648/j.hss.20210905.17

Received: August 30, 2021; Accepted: September 22, 2021; Published: October 5, 2021

Abstract: Haramaya district is one of the Eastern Hararghe districts; where there is scarcity of cultivable land and its
mismatch with population size are highly appeared. This becomes a very serious problem responsible for violent conflicts
between neighbours and among family members. So, in order to handling it, they widely follow the way of solving conflict by
Jaarsumma institution. However, this mechanism are not been explored, well-understood and documented. Therefore this study
was aimed to explore the role of the Jaarsuumaa institution in resolving resource-related conflict in the district. Thisstudy has
employed a qualitative exploratory research to meet the stated objectives of the study. To achieve the above objectives, the
study collected primary data from 53 informants that purposively selected from the targeted group of study. The secondary
data sources were obtained from published and unpublished governmentdocuments; such as books, journals and different
researches. The study found that various types of resource related conflicts existed in the specific district. like; Land related
conflict (Land dispute conflict, family dispute conflict, Conflict over farmland boundary, Breach of Agreement on land rent,
Breach of agreement on land sell and exchange) and Water-related conflict are the main types. As find out of this study
indicated, majority of this resource related conflicts are solved through Jaarsummaa institutions in the ways of well keeping
their norms and values. It consumes lower cost and the process takes greater speed to finalize the case. This research puts
forwardrecommendations for Jaarsummaa institutions to aware the followers about the cause of conflict, and conflict
resolution. There is a need for amending and enforcing the existing laws as well as formulating the new laws concerning the
incorporation of Jaarsummaa institutions as parts of the legal formal system.

Keywords: Conflict, Haramaya, Jaarsaa, Jaarsummaa, Resource Conflict

values for some, supreme”. [2] defined conflict as a clash,

1. Introduction competition, or mutual interference of opposing forces.
1.1. Background of the Study According to [3], conflict resolution is a set of strategies that
can be used to satisfy human needs of security, identity, self-
Conflict is inevitable; it can arise at any level of human determination, and quality of life for all people who are
interaction. It is a normal part of human life. Economists relate engaged in a conflict. In a similar context, [4] explains conflict
conflict with the competition of economic interest. Others resolution as the suppression of conflict that has already
considered conflict as antagonism, aggression, disagreement. broken out in the form of searching for a solution that would
For [1], conflict “is against peace, against an important human reduce the levels of violence and prevent its intensification
value. Peace has always been among humanity’s highest either through formally or usingcustomary conflict resolution
 Humanities and Social Sciences 2021; 9(5): 187-201 188

mechanism. According to [5], customary conflict resolution restoring, maintaining, and mending social harmony and
mechanism is a social capital that implies the ability of social relationships in an environment quite opposite from the
norms and customs to grasp members of a group together by formal court system. In modern court, conflicting parties
effectively setting and making possible the terms of the simply terminate their social relation. It is in the community,
relationship, sustainability facilitates collective action for for the community, and by the community. It costs less and
achieving mutually beneficial ends. Customary conflict takes less time to bring criminals to justice and to bring
resolution mechanisms focus on the values of empathy, justice to the victim. According to [11], the use of formal
sharing, and cooperation in dealing with common problems institutions to settle disputes especially for rural peoples is
which underline the spirit of humanity [6]. very difficult because these rural people expending more
Before the emergence of the modern state and its formal time in this justice system and administrative institutions that
justice system, Oromo had customary rules, procedures, and led them to economic disaster. This formal justice system is
institutions through which conflicts were resolved. In not only affecting their income but also deteriorates the social
different parts of the world where indigenous peoples live relationship of the rural society as resulted in the decision
and where the customary justice systems are given rendered by the court system does not consider the
recognition, significant aspects of the societies’ affairs are background of conflicting parties that leads the kinship
governed by the customary justice system and institutions relation becomes hostile and relatives‘ relationship is highly
[7]. In the culture of every human society, various customary affected by it and encountered by tension. Conversely to the
mechanisms of conflict resolution have been utilized before above idea, customary conflict resolution mechanism
and after the introduction of modern legal systems. One consumes lower cost and the process takes greater speed, the
among these mechanisms is community elders’ mediation or reason is solving conflicts through this mechanism normally
Jaarsumma [8]. The Oromo society in Ethiopia has an requires the permission, and commitment of the parties
operational customary legal system and provides a good involved in the process [12].
example of ancustomary legal framework. [9] explains that In general, the inclination of the Haramaya communities to
social disharmony and disequilibrium are repaired through use Customary courts also lies in the accessibility and
the Jaarsummaa which is a process of reconciliation and confidentiality of the court. That makes them more desirable
peacemaking. Peacemaking among the Oromo is based upon than modern courts. They have the chance to access easily
a delicately intertwined set of processes that are woven into the Customary courts than the formal legal ones. Thirty five
the social fabric and soaked in by all Oromo people including rural kebeles of Haramayadistrictwere under the service
Eastern Hararghe throughout their lives from infancy all ofone formal court, which is far from the community. Due to
through old age. Because ofthere is a number of resource this, cases in modern legal courts may take months or even
related conflicts are araised from this specific places. years to get a decision. They are time taking and follow
The resonbehand a lot of resource related-conflict araise in lengthy litigation procedures. In addition, It is expensive to
Eastern Hararghe zone in general, it has land scarcity, high present their cases in modern court, and they are also
cash-crop production, unpredictable rainfall, and a unsatisfied with the delay, cost and time involved in modern
complicated agricultural profile [10]. Haramaya district is courts. However, the use of customary dispute resolution
one of the districts in the zone where land has especial methods outside of the formal criminal justice system is
economical and social values in the community. In general, important to maintain close and continuing relationships in
land in this particular district is considered as a source of any community [13]. Hence, it is very important to examine
economy, reliable social security, and an asset that grants the importance and salient issue of the community.
respect in the community. However, scarcity of cultivable
land and its mismatch with population size are becoming 1.2. Statement of the Problem
very serious problems responsible for violent conflicts Conflict is a natural and common to every society, each
between neighbours and among family members. So, inorder society developed its own conflict resolution mechanism
to handlingit, they widly follow the way of solving conflict based on their customary customs and values. Like others,
customary institution. Africansocietieshave their own means of addressing and
Communities of these district use customary ways of resolving conflicts since the remote past [14]. [15] also notes
conflict resolution which they call ‘Jaarsummaa’- a well- that customary approaches of conflict resolution are an
structured system. These people have an extensive and very important components of the cultural heritage of African
rich culture and custom which have been accumulated for societies. According to [16], customary conflict resolution
centuries and have been handed down from generation to mechanisms in Africa are generally closely bound with socio-
generation as a source of pride of the people. In this district economic and political realities of the lifestyles of the
one of the greatly obtained acceptable by their communities different societies.
to solve their conflicts are the way of conflict resolution Like in other African societies, Oromo society customary
through Jaarsummaa institution. They believe that traditional conflict resolution has been practiced for a long period. This
courts, because of itsflexible but the formal ones follow rigid is also true to the Oromocommunity in Haramaya district.
legal court procedures, which results in unfamiliar with their Among the Oromo conflict resolution mechanisms,
culture and norms. They serve the community towards Jaarsummaa is the best known in the district. Jaarsummaa is
189 Abadir Youya Musa and Bamlaku Taddese: The Role of Jaarsummaa (Council Of Elders) Institution in
Resolving Resource-Related Conflicts in Haramaya District of East Hararghe Zone, Oromiya

said to have its own roles in conflict resolution. As such, in 2. Research Methods
the study area the roles Jaarsummaa play in resolving local
resource conflicts have not been explored, well-understood 2.1. Population and Description of the Study Area
and documented. So, this research was aimed at filling the Haramaya is one of the districtsin the Oromia Region of
gap on the roles of Jaarsummaa in conflict resolution in the Ethiopia. It is named after the administrative center,
study areaby the following objectives. Haramaya which is part of the East Hararghe Zone.
1.3. Objectives of the Study Haramaya is bordered on the south by Kurfa Chele, on the
west by Kersa, on the north by Dire Dawa, on the east by
General Objective of the study: the general objective of the Kombolcha, and on the southeast by the Harari Region.
study was to assess the roles of jaarsummaa in resolving Towns in the district include Haramaya.
resource-related conflicts among the Oromo in Haramaya The altitude of this woreda ranges from 1400 to 2340
District. meters above sea level; the highest points include Dof and
Specific Objectives of the study: the specific objectives of Jeldo. The major river is the Amaresa; bodies of water
the study were to: include the former Lake Haromaya. A survey of the land in
a) Assess the Oromosocial understanding of Jaarsummaa Haro Maya (released in 1995/96) shows that 36.1% is arable
and the values that govern the Jaarsummaa practices. or cultivable, 2.3% pasture, 1.5% forest, and the remaining
b) Discover the resource-related conflicts that commonly 60.1% are considered built-up, degraded, or otherwise
occur and reports in Haramaya district. unusable. Khat, vegetables, and fruits are important cash
c) Investigate the socio-cultural, economic and political crops. Both Kombolcha and HaroMaya are major producers
factors that affect the effectiveness of Jaarsummaa, as a of vegetables for Djibouti [17].
machanism of resource conflict resolution; and
d) Explore the relationships between Jaarsummaa and
formal law in resolving resource-related conflicts.

Figure 1. Map of Study Area.

depending on the issues of the study. Accordingly, in this

2.2. Research Approach study, the researcher employed a qualitative research
In social sciences, researchers identify three different approach. Because, qualitative research is preferred to
approaches; qualitative, quantitative, and mixed approach collect data about human life realities, experiences,
 Humanities and Social Sciences 2021; 9(5): 187-201 190

behavior, emotion and feeling, organizational function, of area and government official, district water and energy
social movement, cultural phenomena, and getting in touch office, and land administration or management of the district.
with everyday social events [18]. Besides according to [19], In general, twenty-seven (27) informants were selected from
qualitative research is useful to describe situations, events, jaarsolii (elders of the area), seven (7) from conflicting groups,
interactions, and to collect information, to understand more six (6) from land administration or management, five (5) from
the views, attitudes, and perspectives of the study areas. the police of the district, and four (4) from the government
Therefore, the above-selected approach is very essential to formal court or legal experts, four (4) were selected from the
address the reality of this study. government official.
2.3. Research Design 2.6. Methods of Data Collection

As far as the nature of the title is concerned, the Interview: an interview is one of the methods of data
researcher used a narrative qualitative research design to collection techniques in qualitative research. It is very helpful
describe situations, phenomena, problems, and events by to elicit firsthand information from informants. Interview
gathering information from both primary and secondary leads to a more extensive process that enables participants to
data sources. Because, according to [20] a narrative construct a more sophisticated and detailed account of their
research design is a method that includes the analyzes of the situation, enabling them to see interactions and activities
characteristics of narrative text, the meaning of inter-human within which problematic events are played out [22].
relations in social, historical, and cultural contexts and it Therefore, in this research, both in-depth and key informant
focuses on people’s narratives either about themselves or a Interview was employed.
set of events. Therefore, the researcher selected a narrative- Key Informant Interview: In the narrative qualitative
qualitative research design to investigate the role of research, the key informant interview isan important method.
Jaarsummaa in managing resource-related conflicts among It helps the researcher to gather sufficient information
the Hararge-Oromo in HaramayaDistrict, Eastern Hararge concerning issues under study. Therefore, the key informants
Zone, Oromia National Regional State. Under the narrative were selected for the interview with the help of the society,
qualitative research design, the researcher used the based on their level of understanding and knowledge about
following methods of data collection, such as Interviews the resource-related conflicts; in general, and about the roles
(Key Informant Interview, In-depth interview), Focus of jaarsummaa or community elders in resource-related
Group Discussion, and Observation. conflict management. Hence, twenty (20) key informants
were selected from conflicting groups, legal experts, police,
2.4. Sample Techniques and government official. From these key informants, 7
Among different types of non-probability sampling participants were selected from the conflicting groups and
techniques, the purposive sampling techniques employed to five (5) from the district police, four (4) informants were
select the informants from the targeted group of study, such selected from the legal experts, while four (4) are also from
as from members of jaarsotaa (knowledgeable community the government official.
elders), Legal experts of the district, Land management or In-depth Interview: by using this type of interview, the
administration of the district, Water and energy office, from a valuable information regarding the roles of Jaarsummaa
government official and the police of the study area. Hence, inresolving resource-related conflict gathered from fifteen
the main reason for selecting the above sampling technique is (15) jaarsolii (elders of the district, who have more
because of its very helpful contribution to gather firsthand experience in resource-related conflict resolution.
and rich information. In general, the researcher selected the Focus Group Discussions: FGD is one of the crucial
participants purposively based upon the g criteria’s, such as techniques of qualitative data collection in social sciences. In
their knowledge or awareness of the causes of resource- line with this, [23] was stated that the focus group discussion is
related conflicts existing in the district and their experiences a series of audio-recorded group discussions held with a
on resource-related conflict management, with particular differently composed group of individuals and facilitated by
emphasis on Jaarsummaa. the researcher. They also point out that FGD aims to provide
data (via the capture of intra-group interaction) on group belief
2.5. Sample Size and group norms concerning particular topics or issues.
Therefore, the researcher was conducted the three focus group
In the qualitative research, [21] and others suggested discussions (3FGD). The total number of participants of this
intervening between 5 to 25 individuals. However, it is 3FGD is eighteen and one of each focus group discussion has
difficult to fix the number of sample informants in the 6 participants. In general, this FGD was conducted with six (6)
narrative qualitative design, as the data collection may go up to Haramaya district land administration, six (6) water and energy
a saturation point. Thus, the researcher employed fifty-three office experts of the district, and six (6) elders of the district.
(53) participants, by picking up purposively from the target Observation: observation is an important technique to
population of the study, such as from the jaarsolii (elders of collect original data. This is because sometimes the
the district-who actively participate in conflict resolution in the information that the informants provide may contradict that of
district), government formal court or legal experts, the police the real situation. Hence, the kind of participant observations
191 Abadir Youya Musa and Bamlaku Taddese: The Role of Jaarsummaa (Council Of Elders) Institution in
Resolving Resource-Related Conflicts in Haramaya District of East Hararghe Zone, Oromiya

made to the research sites and the natural settings of actual given and narration techniques were also used. Finally, based
conflict resolution proceedings has been attending repeatedly. on the findings and discussions of the study, conclusions, and
Significantly, the observation helped the researcher to collect implications of the study were drawn.
valuable information concerning the role of jaarsummaa
inresolving resource-related conflict management settings, as 3. Results and Discussions
well as the processes of the rural communities’ elders, play a
role in maintaining peace and security based on their customs, 3.1. Social Understanding of Jaarsummaa and Values That
tradition, and worldview of the people under the study. This Govern Practices
method is employed side by side with investigating, recording,
photographing the land conflict area. Therefore, the The social understanding of Jaarsummaa: According to
observation was enabling the researcher to analyze record, and focus group discussants of HaqaaAraddaa remarked that:
photograph important detailed information that becomes the AfranQallo Oromo of Haramaya district social understanding
base for the description of the actual processes of conflict is a social concise which enable to know the advantage and
management in Haramaya district. drawback of everything as well as identifying the individual
and group living system together in one society. Also
2.7. Sources of Data understanding of living together among different
communities by their ethical and cultural consideration.
The important data for this thesis were collected from both Jaarsaa is an individualperson whoknow the condition of his
primary and secondary sources. The primary data obtained society through their ethics and culture. Jaarsummaa means
from the district land management government experts, the a group or individuals who know the challenges of their
police of the district, jaarsolii (elders of the district), and society as well as oversee and resolve the situation of
legal experts who worked more on resource-related conflict conflicts and other cases which arise among groups and
resolution. Whereas, Secondary data sources were collected individuals. From the view of Social awareness, Jaarsaa a
from both published and unpublished materials such as person who understands the challenges of his society and
books, articles, journals, thesis, and dissertations. tries to solve them. While Jaarsummaa means culture or
2.8. Data Collection Procedure customary system in which social problem is solved.
Jaarsummaa system is among one of the most commonly
The basic research questions raised, the researcher were used institutions of conflict resolution in the study area.
passed through series of data collection procedures. Ensuring “According to an informant fromHaramaya District
reliability in qualitative research, therefore, concerns whether Culture and Tourism Office” said that:
the findings of a study can be trusted. The researcher used the Jaarsummaa refers to the process of conflict resolution
following tools of data collection, such as in-depth interview, through the use of jaarsolii. An environment in which the
Key Informant Interview, Focus group discussion (FGD), and Jaarsummaa process takes place is also called
Observation. A pilot test was conducted, Before training the Jaarsummaa. Jaarsolii are those older people in society
data collection in the field about how to administer it and to who mediate and resolve conflicts. Although the term
test the instrument, pilot testing was conducted, questions Jaarsaa literally means “elder” and refers to age, one
were coded, using software, reliability index was tested should not necessarily be old in the context of conflict
through data analysis, and comments have been corrected to resolution in order to be recruited as a Jaarsaa.
ready for field survey operation. In connection with the [25] elucidates that among the
Oromo, elderly members of the community are respected for
2.9. Data Analyzing Procedures their knowledge of customary laws and are perceived as
According to [24], data analysis is the process through symbols of wisdom, peace, and reconciliation. As he further
which data are organized. As a result, commonly used argued, it is because of this symbolic significance of the
qualitative data analysis techniques were used. In other elderly that any person who is involved in conflict resolution
words, in qualitative research, there is typically no precise and reconciliation process is called Jaarsaaregardless of his
point at which data collection ends and analysis begins; it is a actual age. Therefore, a young adult man could be considered
continual process. Therefore, based on the assumption given by society as Jaarsaaas there is no restriction of age to be
by Bryman, in this study, first, the researcher has transcribed Jaarsa. What is crucial to assume the position of jaarsaais
data from audio record to written format. Then translation his knowledge on how to resolve conflicts, for instance, his
from Afaan Oromo to English coding for each data (Key rhetorical ability in the search for dhugaa (truth), his ability
Informants Interviews, Focus Group Discussion) was made. to articulate, and politeness and carefulness not to provoke
Categorizing the translated information was prepared case by the parties in conflict.
case for analysis. Then, themes running through the data According to one of in-depth interviews from community
were identified for discussion and analysis. After coding, the elders at FinqilleeAraddaa remarked that: As AfranQallo
commonality and differentiation of each response were Oromo of Haramaya District in particular; Jaarsolii knows
identified and finally, the data was interpreted, and the theme the norms of society, impartial and has a wealth of
presented for each theme major topic and subtopic has been experience. They also hold a fair public hearing and make a
 Humanities and Social Sciences 2021; 9(5): 187-201 192

decision. First, the Jaarsa call for the participation of the settlement. A deep knowledge of the usual rules of the
public and the wise people. community is another important criterion that Jaarsolii
From this result of the study above, one can understand must choose for dealing with the conflicts of their
how Jaarsaa uses this involvement to make its decision, communities.
which largely follows certain procedures to find the possible About this, [25] identified two types of the Jaarsaaaraara,
solution. In the eastern part of the HaramayaDistrict Society, which he termed asvolunteer Jaarsaaand solicited Jaarsaa.
the Jaarsummaa system is widespread in every were of the Accordingly, volunteer Jaarsaaresolve conflicts
district. It can take different forms depending on the type of betweenindividuals or groups through initiatives. It
jaarsaa involved in the process. Accordingly, there is onetype arbitrates either on the spot when and where conflict
of Jaarsaa, namely Jaarsaaaraaraa (Elders of happens or receives the case up later. Solicited Jaarsaa, on
Reconciliation). the other hand, is Jaarsaaaraara that either of the parties in
conflict approaches and solicits to get help to resolve
3.2. Role of Jaarsummaa in Conflict Resolution theconflict. As the focus group discussants on this issue at the
According to an informant from the Karoo Tarkanfii place of Qorkee remarked that: This Jaarsaa is known as
Community Elders' Focus Group, said that: The role of the JaarsaFayyiisoo (Healer).
Jaarsummaa depends on the prevailing conditions and the Fayyiisoo (Healer) is the one who listens to the conflicting
nature of the conflict on the ground. When the given conflict group issuespatiently; talking the truth; making a decision
is either high or less complex and deals with minor social based on truth; he is not sided with any interest but he only
issues, the elders play a mediating and facilitating role motive and goal he is trying to achieve agreement and
between the conflicting parties by providing promising ideas restoring distorted peace through healing broken relation.
of the agreement without sanctioning them. About this issue, one of In-depth Intervieweessuggested that:
From this result of the study, we have understood how the I think Jaarsolii separately meet the disputation of parties
conflicting parties concerned can reach a consensus in order and fixed the date for hearing the case. The case is heard
to reach a final agreement. If they do not, the elders openly under the shade of a big tree (dhaddacha). Before
encourage the contending parties to resume negotiations and going into the details of the resolution process, the Jaarsaa
mediation. Even if the conflicting parties continue their tries to investigate whether blood compensation to the
differences, Jaarsaa takes the arbitrary role. As arbitrator, the victim was offered or not. If the compensation for the
Jaarsaa invites both parties to express their contradicting bleeding injured party has been accomplished the elders
ideas (to tell) and to make binding decisions after taking note offer blessings and thanks to the offending group, then they
of their cases. The elders in arbitrary positions enjoy start investigating the cause, courses, and the effect of the
traditional autonomous power to uphold the social order of dispute. According to my view Blessing (Ebbissa) is also
society through fair and reasonable judgment. Even if the believed to be a source of joy or to be honored by the
perpetrator rejects the lawsuit for fear of the elders' curse, he community elders. If someone or somebody is blessed by
accepts the binding decisions made. Jaarsafayyisoo, they also assume that the man is also
According to the focus group, the QorkeeAraddaa blessed by a supernatural creator in this society.
discussants noted: Cursing (Abarsaa) is believed by Oromo In this regard tothe above view fayyisoo (Healer) is
society in general, and AfranQallo Oromo in particular, is selected for conflict resolution. In the Jaarsummaa process,
one of Jaarsaa's worst decisions. Society believes that if the Jaarsafayyisoo (Healer) applies the customary law of the
someone or somebody is cursed by the elders, nearly seven society. Unlike theformal court which depends on written
generations will be killed. According to AfranQallo Oromo, statements of charge, personal witnesses, and
as in the case of reconciliation. writtenevidence to win cases, Jaarsafayyisoo (Healer) might
not need these forms of proof. Rather, they dependon their
3.3. Selection of Jaarsaa for Conflict Resolution knowledge of cases and personal experience to make their
judgments. They also putcases in contexts and consider
Jaarsaa is selected from the community for her knowledge events, circumstances, relationships, expectations, and values
of the community's culture, honesty, public speaking skills to resolve cases. On the other hand, in one of the focus group
and knowledge of customary law, ability to persuade interviews related to this one, the following was found:
someone and understand the idea of others. On the subject, Jaarsafayyisoo have unique skills that have previously led
an informant from AdelleeWaltayaaAraddaafocus group said: to compromised conflict in their community. It encourages
Effective and responsible elders, who tend to be more the competing parties to negotiate and mediate. If each
skilled, knowledgeable and influential personalities, are party to the conflict continued their differences,
the most important criteria for being elected as Jaarsolii Jaarsafayyisoo takes the arbitrary role. As a referee,
by the community. Active participation in social and ritual Jaarsafayyisoo invites both parties and also shares their
ceremonies, which create more influence on conflict contradicting ideas. After learning about their cases, they
resolution, is also taken into account. For this reason, the make binding decisions.
community places more emphasis on social and ritual In line with this, [26, 27] state that the main feature of
participation when someone wants to influence dispute Jaarsummaa is the presence of Jaarsolii who are chosen by
193 Abadir Youya Musa and Bamlaku Taddese: The Role of Jaarsummaa (Council Of Elders) Institution in
Resolving Resource-Related Conflicts in Haramaya District of East Hararghe Zone, Oromiya

their goodreputation, extensive and good knowledge of On the other hand, this saying refers to the knowledge of
custom, precedent, and seera (law) of the Oromo. Jaarsafayyisoo (healers) in order to serve the community
Besides, the individual talent and experience in dealing perfectly. At the end of the reconciliation before the
with conflict and willingness togive his time to reconcile the individual parties kiss and hug, Jaarsafayyisoo tries to
disputants are also other qualities expected of jaarsaa. Most simplify matters and appease the conflicting parties with
conflict cases are therefore resolved locally using customary various sayings and proverbs. One of the discussion partners
conflict resolution mechanisms in the study area. After all, in the focus group said the following: The proverbs most
the jaarsafayyisoo (Healer) is to achieve reconciliation frequently used by our Jaarsafayyisoo at the end of the
through a search for truth. reconciliations are like “Waliigalanalaagalan” (It is only
possible to enter a house after an agreement),
3.4. Proverbs of Jaarsummaa “Guddateefdubbiiharrettihinfe’an” (sayings are not loaded on
The Oromo have their oral traditions, which have been the donkey, even if it is ambiguous) are the most common.
transferred from generation to generation. These oral Such proverbs are used at the end of the reconciliation
traditions are loaded with proverbs as a spice (Mi’eessituu process to close the cases.
dubbin) of the speech in every aspect of their life. Proverbs In general, the above proverbs and sayings are not simply
open a discussion as well as closing it (Maammaaksidubbiini passed down and used as jokes by elders, but rather refer to
Fidaasnifixaas). The secret is always forwarded in these the life of each individual in the community to show their
proverbs. In the context of conflict and conflict resolution true life. The reason for this is that they have been recognized
there are several proverbs used to identify the problem; to as a custom of this community for centuries, being passed
find the solution to the problems; to inspire someone to speak down from generation to generation. Even those who
the truth; even to end the reconciliation and if the belittled the proverbs of the elders are considered mindless
reconciliation is impossible they also use proverbs. and ill-behaved races. Therefore, the Jaarsafayyisoo
Among the in-depth interviewees with community elders, (healers), their proverbs and the Jaarsummaa process always
one ofan informantsof XinqeeAraddaasaid that: need respect and attention. Even if theJaarsafayyisoo
When the family or extended families (relatives) are in (healer) finds someone who respects these customs, they say
conflict, Jaarsafayyisoo who starts the session of in namabarcumaati (meaning that he is intelligent and can
Jaarsummaa says “even when the donkeys hit each other hear Jaarsafayiso). In the community where these proverbs
they do not break the teeth of each other (Harreenwal- are respected, the Jaarsafayyisoo (healer) becomes the guide
dhiittimaleeilkaanwalirraahincabsitu)”. Besides this, if the and people's lives are saved and protected because of their
jaarsafayyisoo (Healer) understands who has offended fear of the customs or beliefs they have in the elders. Finally,
more and the offender tends to hide the truth, the the selection of the jaarsafayyisoo (healer) knowledge about
jaarsafayyisoo (Healer) are guided by same proverbs like, proverbs for the reconciliation of the parties plays a major
“ballaasimbiraahubataatuarga” roles. Those who are gifted and have knowledge of these
With the help of such sayings, the Jaarsummaa provided proverbs and customs of the community are selected as
for a comfortable environment for the resolution of conflicts Jaarsafayyisoo (healers) bycommunities.
and used to reconcile the people for centuries. Beside this, 3.5. Number of Jaarsolii for Jaarsummaa
Accordingthe in-depth interviewees with community elders
of BiiftuuGadaaexpressed some swears that jaarsafayyisoo The Jaarsummaa process is not a simple process carried
(Healer) used with proverbswhen they start the Jaarsummaa out by one or two mediators, but requires a series of
session: procedures with the help of a sufficient number of elders.
So when one jaarsafayyisoo (healer) [27] described that the Jaarsummaa meeting is held by 3 to 8
says“ Sossobbiinmadaahinfayyisu” (Soothing cannot heal elders in order to reconcile the conflicting parties. One
a wound), another says jaarsafayyisoo (healer) says respondent pointed out:
“Jaamtunijaamtimaleesareeijahindhiqan” (No matter The moot is a gathering of neighbors and selected
whether it leads to itsblindness or not, no one washes the individuals to hear and determine a particular case. There
eyes of a dog). This is another mechanism of our is no specific number of jaarsolii to hear a case, nor a
jaarsafayyisoo that is used to resolve conflicts in our specific group of people who can sit in a Jaarsummaa
community. When Jaarsafayyisoo uses such mandatory trial. Jaarsolii between three and eight are selected for
proverbs, both parts (plaintiff and defendant) are absent as this case. In my opinion, the number of Jaarsolii includes
they respect and frighten their Jaarsafayyisoo very much. individual talent and experience in dealing with conflicts
In addition, respondents argued: Our entire community as well as the willingness to take the time to reconcile the
believed that Jaarsafayyisoo (healer) had talents of their parties to the dispute. Of course, it is not common for
own at each stage of reconciliation that simply led their people who are believed to have demonstrated ability to
community to formulate sustainable peacebuilding. Hence resolve disputes to be summoned frequently to hear cases.
our Jaarsafayyisoo (healer) says that In other words, the selection of elders for the controversial
“Dhugaanniqallattimaleehincittu” (Truth may become issues ranges from three to six elders [28]. According to the
thinner but it cannot be broken). focus group, the Nagayaa discussants noted that: The number
 Humanities and Social Sciences 2021; 9(5): 187-201 194

of Jaarsolii in Haramayaworeda depends on six principles to preferred location for Jaarsummaa sessions is usually
which all Jaarsolii hosen for reconciliation must be adhered to under a large tree that can be found outside the village.
(patency, attentive listener, acceptance of the truth, fallacy, and Before the beginning of Jaarsummaa, bless the process of
openness to this Problem from the broad spectrum) imposed reconciliation among the chosen Jaarsafayyisoo (a person
by the study society. The other respondent argues that; who is considered the elder of the chosen elders).
Five Jaarsolii are selected in our society. Right and left Accordingly, the fayyisooand other selected elders say:
(gareenmirgaa fi bitaa) choose two Jaarsolii on their side.
The 5th Jaarsaa (elder) in our community is called Rabbiinnagaan nu bulchenagaan Nu haaoolchu
Jaarsaambaa (who is not related to both the plaintiff and the nu haaoolchu
defendant) in the Jaarsummaa trial. O’ God make our day good day let it be
Accordingly, some premises indicate this number of Irraagoruu nu baasi nu baasi
Jaarsolii in conflict resolution. These are the customs that Let us not miss the way let us not
Jaarsolii defined in the Gadaa system. Therefore, according to Dogoggoruuirraa nu baasi nu baasi
the Gadaa system and the belief of Oromo, the five Gadaa Let us not misstaken let us not
grades, the five Odaa (the sacred tree in the Oromo culture) Kanwal-loleehaaaraaramu haaaraaramu
and Alangaa (pole to lead the horse) are the basis for the Let the disputants be reconciled let them be reconciled
number of Jaarsolii to be five for the Jaarsummaa procedure. Karri kanabbaahaata’u haata’u
Let the cattle be that of owner let it be
3.6. The Process of Dealing with Conflict in the
Jaarsummaa System From this above result of the study, one can understand
how the Jaarsafayyisoo have a specific method of hearing
According to an informant from cases. The plaintiff and the defendant step in front of the
BiiftuuGadaaAraddaafocus group, noted: The nature of Jaarsafayyisoo and present their case by standing there. The
Jaarsummaa and the process of dealing with conflict can plaintiff stands on the right and presents his case first. While
vary across time and space. In the context of the East one party is speaking, the other is expected to listen
HarargheHaramaya District, the following practices are attentively, to which they will later respond and not speak
common. First, once an agreement of reconciliation is made, against. The defendant, standing on the left, is the second to
each party to the conflict is a healer member of Jaarsaa. A bring his case. After hearing the cases, the Jaarsafayisoo can
particular Jaarsaa chosen by the plaintiff should be accepted take turns asking both parties for clarification. When the case
or approved by the defendant and vice versa. Otherwise, one needs further investigation and one of the two parties hides
party is obligated to another jaarsa in which the other party is the truth, the Jaarsafayyisoo try to convince one party by
interested. sending the other away. In doing so, they use their skills and
The number of Jaarsolii sessions for Jaarsummaa knowledge of cultural norms, values and customs and warn
meetings is based on the customs that Jaarsolii have defined the party with reference to common law. When they
in the Gadaa system. Most of the time, however, five identified the main cause of the conflict, Jaarsafayyisoo
Jaarsolii are chosen to perform Jaarsummaa. These include urged both parties to stay away from them for a moment.
two jaarsafayyisoo from both the plaintiff and the defendant, During this time they discuss what they have observed,
commonly known as Jaarsamirga (elders of the right) and including what they knew beforehand, and propose a possible
Jaarsabitaa (elders of the left). However, there is no real solution. Then the parties are called and the proposed
difference as to which side is labeled right and which side is decision is presented to them with detailed explanations and
labeled left. Instead, it simply refers to elders on both sides. advice. If the parties are satisfied with the decision, the
Although they are represented and requested by each party, reconciliation process takes place. The reconciliation process
Jaarsafayyisoo are considered to represent the interests of often involves rituals of taking the oath, making promises to
both parties. The fifth Jaarsa is that which is requested fulfill the agreement made, and paying compensation from
through the joint effort of both parties. He is called the the evildoer. Finally, the Jaarsafayyisoo give instructions and
chairman and his job is to balance the reconciliation, in close the case. At the climax of the reconciliation ceremony,
addition to mediating role-plays with members of Jaarsolii. the Jaarsafayyisoo let the two parties shake hands and kiss.
However, in the case of homicide, the selection criteria and Then the conflicting parties swear oaths as a sign of mutual
the number of Jaarsolii involved in Jaarsummaa are commitment to peace and reconciliation.
different from other ordinary conflicts. In this case,
Jaarsaaraaraare selected from the clan of the slayer, the clan 3.7. Resources Related Conflict in Afran Qallo Oromo of
of the victim, and from neutral clans, and their number could Haramaya District
be large. Among the in-depth interviewees with community Conflicts usually don't have a single reason. Some of the
elders, one of Karroo Jaalalaa's informants said: conflicts are complex by their nature. They have different
While the two parties select the members of causes. The causes of conflict in the study area can be
Jaarsafayyisoo, they determine the date, time and place of divided into two main categories, economic (resource-based)
Jaarsummaa. Each party is responsible for getting the conflicts and socio-cultural conflicts. Taking into account the
Jaarsa already requested to the location on time. The
195 Abadir Youya Musa and Bamlaku Taddese: The Role of Jaarsummaa (Council Of Elders) Institution in
Resolving Resource-Related Conflicts in Haramaya District of East Hararghe Zone, Oromiya

above point of view, this study concentrated on resource- According to information gathered from documents from
related (economic) conflicts. A respondent from the Haramaya District Courts and Police office, annual report
BiiftuuGadaaaraddaa explained why this is happening: for the past three years of resource-related conflicts such as
From a societal perspective, resource-related such as land Land related conflicts (Land and family dispute conflict,
and water-related conflicts in the district occur when Conflict over farmland boundary, Breach of Agreement on
individuals egocentric and avaricious human behavior land rent, Breach of agreement on land sell and exchange) and
overruns the application of this resource competitors water-related conflicts are the main conflicts that have arisen
exploitation through aggressive and destructive ways. As I frequently in thearea. The following table shows the causes
understand our society, does not apply this resource in a and the extent of the conflicts that have been brought before
manner especially water and land resources they use the district court and the police over the past three years.
competitively.

Table 1. Resource related conflict ssolved by jaarsumma institutionas informationTaken frominformants in the Last three Years.

Year
No Cause of conflict
2018 2019 2020
1 Land related conflict 216 310 425
1.1 Land dispute conflict 21 31 54
1.2 family dispute conflict 8 23 26
1.3 Conflict over farmland boundary 98 122 175
1.4 Breach of Agreement on land rent 69 78 100
1.5 Breach of agreement on land sell and exchange 19 53 70
2 Water-related conflict 164 220 94

Source: Haramaya District direct record from selected informants.

The above table shows the various causes of conflicts and

their prevalence. According to informants, some resource- 3.7.1. Land Related Conflicts
related conflictsare handled at Jaarsummaa institutions and The land is a very strategic socio-economic asset,
the majority of this type of conflict does not present before particularly in agricultural societies where wealth and
the court. survival are determined by control of and access to land. In
According to key interviewees from District administrative this connection,[29] states that “land is a central element in
Office said that: the varied and complex social relations of production and
Besides, in resource-related conflict cases the court, police reproduction within which conflict between individuals and
office, and the persecutors encourage the conflicting groups are bred.” As a result, conflict over land often
parties to resolve their conflict through the Jaarsummaa combines strong economical and emotional values.
system and formally refer the case to Jaarsolii. Even if the According to the focus group panelists with
Jaarsolii reconciled this case by their initiatives, the court AdelleeWaltayaa community Elders, land-related conflicts
closes the allegation charge if the two parties bring their are typically complex, and some of the conflicts usually
reconciliation agreement to it. The reasons for characterize a situation where there are competing claims to
preferringthe Jaarsummaa way of conflict was resolved. ownership or use of the same property. Hence, from the
There is a full and free discussion of the case before a above result of the study, we understood how this situation
settlement is reached. There is a negotiation involving the significantly increases the possibility of violent conflict
disputants within their elders. The conflicting parties between individuals. Others are associated with farmland
might gradually come to accept the collective opinion of borders, land and family disputes, breach of contract in the
the mediators and the elders. lease of land, breach of contract in the sale and exchange of
Therefore, the magnitude of these cases reported to the land. On the following pages it was attempted to show how
court might not show the real occurrences of such types of the most widespread land-related conflicts in the context of
cases as will be discussed later. the Haramaya district lead to interpersonal conflicts, which
According to the information gathered from the district have been resolved by the Jaarsummaa institution.
court and the police office, the primary cause of conflict in Conflict over Pushing One’s Farmland Boundary
the study area is in the area of recourse-related (economic) (DangaaDhiibuu): Among the AfranQallo Oromo in the
interest, especially land-related and water-related conflicts. Haramaya district, the conflict on the border of the farmland is
The economic causes of conflict include conflict Land related a very serious problem and creates challenges in the area. On
conflicts (Land and family dispute conflict, Conflict over the subject, one of GobeeSalaama's informants commented:
farmland boundary, Breach of Agreement on land rent, The main reason for the conflict among the AfranQallo
Breach of agreement on land sell and exchange) and Water- Oromo in the Haramaya district is the land conflict
related conflict. These types of conflicts are almost taken to between the peasants. This means that often one farmer
Jaarsummaa institutions to be resolved. surrenders his arable land and another person uses arable
land, and this type of conflict is reported daily to both the
 Humanities and Social Sciences 2021; 9(5): 187-201 196

conflict resolution elders and the judicial office. Such a identified that: the most complex and prevalent conflicts over
conflict, which was reported to the woreda court within a inheritance usually happen among family members,
short period of time, takes time, but when our elders are especially when the father dies without handing over his land
mediated, this conflict was resolved emidiatilly without to any of the family members. This type of conflict becomes
any payment. multifarious if the father is polygamous. In this case, conflict
And the focus group discussants of Xinqee Araddaa may take place between the widows, the widows and their
reported that; Conflict over farmland boundary is a serious husband’s brother/s, children, and their stepmother, or
land-related cause of conflict between farmers who share between stepbrothers. According to informants, it is difficult
common territory. The common known of demarcating the to resolve this type of conflict in the formal court and
boundary of farmland in the area is using mechanisms like usually, Jaarsummaa institutions are preferred as they are
putting stones, Biqiltuudhaabu (planting stick), bo’ii (simple concerned with the later relationship of the members. As
canal), and leaving a piece of land on the boundary most informants indicate conflicts between girls and their
(daagajidduttidhiisu). However, those instruments are easily families over the inheritance of resources, especially land is
removable and/or easily destroyed. This creates a conducive an emerging issue in the study area. This is mainly due to the
opportunity for those farmers who want to expand their contradiction between the current government’s women's
farmland at the expense of their neighbors and this could inheritance right and the customary women's inheritance
inevitably lead to conflict, such conflicts are difficult to solve right practiced in the society for a long time. Culturally, girls
at formal legal system but, it is very simple to solve such have the right to inherit land was not well known. Because it
conflict by Jaarsummaa institution. Because of our elders of is believed that; first, girls go away from their families’ land
reconciliations are the resident of our village, he know every through marriage, second, if a girl is given a land, she will
instrument used as demarcating the boundary of farmland bring a man who is out of the family to the land through
from initially, due to thissuch conflicts are simply solved by marriage. So, the father does not hand over land to his girl.
Jaarsummaa institution. In connection to this, [30] explained Even if the father wants to include her in the inheritance of
that conflict in land and other natural resources is a result of his land, her brothers may not agree or allow her to establish
dispute inside and outside the communities such as; boundary her own family and live on that land.
dispute between the community and outsiders, a boundary The issues of land inheritance are very common in
dispute between members of the community, resource use Ethiopia, especially among the AfranQalloOromo of
dispute between community and outsiders, resource use Haramaya District and there are very serious different
dispute between community members are simply solved by problems concerned with land inheritance. The focus group
Jaarsummaa institution than, formal legal system. From, the discussants remarked that: land-related conflict has occurred
above results of the study, we understood how the major mostly between the same brothers on sharing their parent
causes of the conflict in the area are the inheritance of land farm-land and this made series of problems in the district was
between the same brothers and pushing the farm-land of finally solved by Jaarsummaa institution. Similarly, among
others and how its solved by Jaarsummaa institution. the key informant interview with land administration
Conflicts Over Land Selling: Issues of land selling are expertsaid that:
very dangerous among the Afran Qallo Oromo of Haramaya The land inheritance issue cannot only take place between the
District. Even, according to the land law, land cannot be a same brothers but also husband and wife giving the land for
sale, unless giving through inheritance or contract for relative each-others in form of inheritance and separation. These core
or non-relatives. According to key informant from Haramaya problems existing with land in our community was obtaining
District land administration Office identified that: continues solution in by norms customery institution.
In the district, the issues of land selling are creating very In similar with this above result of the study, [31] stated
dangerous problems and according to the law of land that land use conflict occurs between or within stakeholders
administration and management, the land cannot be sold. groups and is characterized by a common dispute over
However, many farmers are selling their land, especially the interests and conflicting goals, thus can be regarded as an
land which getting under the master-plan and these issues indicator for detecting diverse interests, non-effective land
are becoming the serious causes of the conflict in the area. resource allocation, and land-use systems was resolved by
Similarly, according to the FGD discussants remarked that Jaarsummaa institution. Thus, from the above result of the
in the area there is free land and the farmers are selling this study, we understood how the land inheritance issues are the
free land and the conflict sometimes occurring between the core causes of the conflict in the district and solved by elders
government body and the on such free lands. Such both type of reconciliation.
of conflicts are well known byJaarsafayyisoo. Because of
there are able to solve such conflicts in simple ways. From 3.7.2. Water-Related Conflict
this above result of the study, we understood, how selling Among the AfranQalloOromo of Haramaya district, the
land in illegal ways is brought conflicts in the district and water-related issue is a very serious problem for many
solved Jaarsummaa institution. individuals. Among the Focus Group interviewees with one
Land Inheritance Related Conflict: According to group of the elder’s members of KurrooAraddaa commented that:
interviewees from Haramaya District kurroo Araddaa The cases are very series issue among the
197 Abadir Youya Musa and Bamlaku Taddese: The Role of Jaarsummaa (Council Of Elders) Institution in
Resolving Resource-Related Conflicts in Haramaya District of East Hararghe Zone, Oromiya

AfranQalloOromo of Haramaya District and these water- the focus group interviewees with community elders of
based conflicts are primarily caused by population Nagayaa Araddaa remarked that: There are invisible threats
pressure, subsequent claim to control water for that arise from the society as well as the well-known elders
agricultural production. This in turn leads to pushing back selected for the resolution of the conflict. Thus, there is no
and conflicts invite during water scarcity for crop water formal attempt to incorporate and train those elders not well
was reconcialed by Jaarsafayyisoo. to have the change that may bring other alternative solution
From the above result of the study, one can be understood to eliminate the bias by former elders [8]. However, the
how the conflicts arising from water allocation and person who is to be Jaarsafayyisoowill attain this title
distribution are common among competition among water simplify by the experience he gets from the elders he has
users. They mentioned water scarcity, water theft, lack of joined in his life. In this context, there is also another barrier
proper control of water distribution, and competition among to Jaarsummaa. Such as Some elders have considered
water users as the prominent factors for water conflict are themselves as an unchangeable temple to resolve the conflict
well known by jaarsafayyisoo. Informants expressed that lack in the area. This perception of supremacy sometimes may be
of enforcement of by-laws in water distribution is also one of seen over few individuals.
the most important reasons that led to water disputes. As they Among the in-depth interview with the community elders,
said, conflict over water is severe as we go from each one of an informants of Adellee Waltayaa Araddaa remarked
direction of the water source. that: Conflict prevention and resolution meetings are not held
According to the FGD interviewees with knowledgeable in a place where conflicts occurred but rather in other urban
community elders from IfaBaateeAraddaa, water scarcity is areas for extra benefits. Hence, the tendency of conflict
cited as the main cause of conflict between society in the reduction is far from holding it soon timely and the elders
district when khat, plant and vegetable production is processed themselves earned less reliability from their subject fellows.
through water distribution. The allocation and distribution of The lack of centralization common to informal systems may
water for agricultural purposes is not in advance (not in allow for local variations and incremental changes that do not
written) and is based on money (local name used for father of engage the whole system.
water) awareness. In this manner, conflict may arise due to Disobedience: according to the focus group discussants
money is informally responsible to coordinate and control interviewees with community eldersof HaqaaAraddaa said:
water distribution when such situations are raised in the the non-obedience of the people about the proposed decision
community elders of reconciliations are emidiatlly mediated by appealing to different reason like lack of accurate
and solved that cases. Focus groups and key informants decision’s proposal, doubt about how many the elders take
indicate that there is a prevalence of unfair distribution of heed for him, lack of confidence on the elder by suspecting
agricultural water, which means certain socioeconomic groups, that they may favor the opposite party. The other problem
obtain more water for their farm activities than others. As a that always arises with the Jaarsummaa is the inability of
result, the other community could not fully and equally benefit some groups of the community to detach it from religious
from this water. interpretation. One elder confirmed this, as “elders do not
Among the key informant of DaammotaaAraddaa said have the power to force individuals who have no interest to
that: participate in the resolution process.” Furthermore,
The farmers who are relatives and friends found upstream, Jaarsummaa conflict resolution has been greatly downwords
farmers with a large number of boys and rich farmers and weakened in the formal justice system which makes
obtained more water because of their social status and them unrecognized and unknown, as described by this
proximity. Because of this, poor farmers who have no participant.
relation with money are suffering from a shortage of
agricultural water when their no elders of reconciliations. 3.8.2. Economic Factors
Elders of reconciliations cannotconsidered such situations, Financial consideration: Among the in-depth interviews
they consider only personality of human being and decide with community elders, one of an informants of Tuujii
reality. Gabbisaa Araddaa remarked that:
From this above results of the study, one can understand As we know many of the customery institutionsconflict
how the conflict may occur because of money and farmer resolution do not have any resource generating
suffers by a shortage of water and community elders can organization and they haveto give the services for the
solve such problem through develop the rotational system by community without getting any benefit for themselves.
setting sequential crop water and another agricultural purpose Therefore, they lack the financial support and this makes
turn of each group starting from the head to bottom of the them depend on the conflicting groups sometimes for food
water source by discussion under a big tree. and drinks. This may cause doubts on the decided given by
elders of reconciliation.
3.8. Factors That Affect the Effectiveness of Jaarsummaa In similar tothe above result of the study, [32] stated that
in Conflict Resolution lack of clear legal mandates, no financial support from
different national and international governments, and limited
3.8.1. Socio-cultural Factors capacity for oversight of system performance. Accordingly,
Perception of superiority among individual: According to
 Humanities and Social Sciences 2021; 9(5): 187-201 198

the concerned bodies failed to provide financial and material neighborhood, and marriage ties. The social and cultural
support to consolidate the Jaarsummaa conflict resolution interactions and kinship ties of the community force them
mechanism in the study area. Thus, from the above result of to see their cases in private court without the interference
the study, one can understand how the financial factors of external formal authority.
influencing Jaarssummaa practices. Resolving conflicts outside the legal court system would
keep secrets from the general public. The people who serve in
3.8.3. Political Factors the traditional institutions have high values of moral and
Lack of Codification: According to the focus group ethical standards. They are highly transparent in their decision-
interviewees of Nagayaa Araddaa remarked that: making process, a process in which even the community
Unlike the support, the government gives for their participates. A judicial process and decision in modern legal
application in some cases, the customary institution of courts are considered superficial and not confidential.
conflict resolution in Ethiopia is not codified and taken into Similarly, [33] stated that factors like lower cost,
action. The codification of customary institutions of conflict confidentiality, easy access, etc. encourage the conflicting
resolution in Ethiopia is difficult because of the number of parties to come to the local negotiation more than to the formal
these institutions. In Ethiopia as a nation, nationalities and legal court system. Therefore, the confidential nature of the
the people are many they have their respective institutions. customary court system is preferable to formal court. They
Hence, it is difficult for government and concerned bodies don’t want to expose their secret to external authority.
to generalize one or some of these institutions to others as According to the focus group interviewees with Biiftuu
the guiding framework of the constitution. Gadaa Araddaa remarked that: the cost of the defendant and
From this above result of the study, one can understand, other expenses in the formal courts are indeed too high.
how the political factors challenging the practices of the Moreover, they believe that traditional courts are flexible but
jaarssummaa institution. Because many formal court legal the formal ones follow rigid legal court procedures, which
experts are considering the customary institution as non- results in unfamiliar with their culture and norms. They serve
codified and traditional. the community towards restoring, maintaining, and mending
Coerciveness of power: According to the focus group social harmony and relationships in an environment quite
discussants interviews withGobeeSalaamaAraddaa remarked opposite from the formal court system. In modern courts,
that: Lack of coercive power such as legitimate laws, police, conflicting parties simply terminate their social relationships.
and prison houses to enforce the implementation of their The importance of this Jaarsummaa is deeply rooted in the
decisions. On top of this, Jaarsummaa institutions have customs and customary of the Eastern Hararghe, Haramaya
limited legal support from the government [32]. Fear of local Afran Qallo Oromo people. These institutions play a
administrative bodies’ intervention may reduce its credibility significant role in the maintenance of peace and security
among the society. It sometimes becomes more complex concerningthe spiritual and customary law of the community,
when many cases occur simultaneously. Lack of appropriate and the central role of spiritual leaders and elders. Similarly,
and effective enforcement strategies has also reduced the [34] stated that “unlike the ordinary courts, the local elders
relevance of Jaarsummaa conflict resolution mechanisms for are concerned with reaching a morally acceptable decision
the wider community. capable of restoring the amicable relationship between
3.9. Formal Legal System of Ethiopia VS Jaarsummaa on parties” Therefore, the majority of the community prefers the
the Conflict Resolution traditional courts to the formal system.
The following informant’s opinion confirmed the realities:
According to the focus group interviewees with The modern judicial approaches do not consider or allow little
community elders of FinqilleeAraddaa commented that: in room for values, culture, and belief system of a community.
the study area the customary and formal legal systems play a They apply modern laws and rules. We are not free to present
significant role toresolve conflicts. However, the community our beliefs and custom in the formal courts. Our Jaarsafayyisoo
has various reasons for preferring the customary way of (healers) are experts of our culture. We are familiar with the
resolution. The first reason is that there is a full and free traditional court procedures and rules more than with the formal
discussion of the case before a settlement is reached. There is one. Formal courts apply rigid rules and procedures without
a negotiation involving the disputants, their elders, and other considering our feelings, customs, and belief system. Modern
close kin. The conflicting parties might gradually come to legal courts never maintain social harmony and satisfaction
accept the collective opinion of the mediators and the elders. between parties. Jaarsafayyisoo (Healer) understand the
The peacemaking abilities of the traditional judges are feelings of the parties because they apply their creativity and
respected and believed among the community. knowledge. Partialities, corruption, a tendency towards one’s
Among the in-depth interview with community elders of side are considered unethical approach in traditional institutions
KurrooAraddaasaid that: because jaarsafayyisoo (Healer) respect the spirits/rabbii. They
The AfraQalloOromo of Haramaya district community has render services equally and fairly. Parties also never plan to
a common language, culture, ritual settings, religion, revenge each other after reconciliation because they fear and
customary and spiritual law. The villagers in each respect the Jaarsafayyisoo and the spirits. Once a case is in the
Araddaa know each other and have kinship, traditional court, the conflicting parties don’t pay money for the
199 Abadir Youya Musa and Bamlaku Taddese: The Role of Jaarsummaa (Council Of Elders) Institution in
Resolving Resource-Related Conflicts in Haramaya District of East Hararghe Zone, Oromiya

court because these courts are cost-free but the formal ones need To create access to documented materials on Jaarsummaa
money. The preference to use traditional courts also laythe (community elders) institution and to benefit the coming
inaccessibility and confidential nature of the courts. It makes generation by allowing them to know its process, procedures,
them more preferable than modern courts. We have the chance and mechanism of the enforcement of its decision as
to access easily the traditional courts than the formal legal ones. combined intelligence of the ancestors and present
We live very far from the town. descendants which has been transmitting from past
In the traditional courts, both parties and generation to present through observation and imitation, all
Jaarsafayyisoohave no legal obligation. They respect their community members and government experts from kebele’s
cultural values. Cases in modern legal courts may take to zone should have worked together.
months or even years to get a decision. They are time taking Finally, to allow the youth generation to appreciate values
because they follow lengthy litigation procedures. We are of indigenous knowledgeJaarsummaa (community elders)
poor farmers. We should work on our farmland daily to feed institution and living ways of local people side by side with
our children; there is no time and money to present our cases government court knowledge to save local customary
to legal courts. We are not also satisfied with the delay, cost, Jaarsummaa (community elders) institution from the danger
and time-taking process of the modern courts. That is why of destruction, all people living in the area, district and zone
we prefer the traditional courts. administrators and media should have to make all the
possible efforts to create awareness about the
4. Conclusion and Recommendations Jaarsummaa/community elders conflict resolution.

4.1. Conclusion
Appendix: Pictures During Data
According to some theories and practices of Customary Collection
institutions of conflict resolution, the restoration of justice,
harmony, and relationship played by such institutions
resemble very much that of Jaarsummaain the study area.
However, there are hindering factors such as the socio-
cultural perception of the people, lack of incorporation to the
formal legal system, the supremacy of some individuals such
as Jaarsafannisoo, disobedience, or lack of respect for
Jaarsummaa due to lack of legal enforcements for the
institution. Lack of financial consideration from the
government and other concerned bodies is also another factor
hindering the effectiveness of Jaarsummaa. Therefore, it
requires the concerned bodies to train the people about the
role of conflict resolution. Concerning the consideration by
the people to own the institution, the people of the area and
the elders of the area who know the customs have a
responsibility to teach the people of the area.
Even though the Ethiopian Constitution under Article 34 sub Figure 2. Picture taken during an interview with the key informant and focus
group discussion.
Article 5 recognizes traditional law where it allows citizens to
use religious or customary laws in cases of personal and group
disputes, it limits them to personal and family matters excluding
their application to criminal matters even though they are
serving for many types of crimes in reality. The absence of
strong laws and policies related to the validity of Jaarsummaa
conflict resolution mechanisms and their affiliation with the
formal justice system, the possibility of application of their
authority was found to be serious factors that need urgent
attention by the government and policymakers.
4.2. Recommendation

To reduce the over-loads from the government formal

court, the zone and district administrators should have to
work to increase the Jaarsummaa (community elders)
practices in conflict resolution by creating opportunities for
having income-generating resources for the institution and by
providing incentives. Figure 3. Picture during some sampled household interview.
 Humanities and Social Sciences 2021; 9(5): 187-201 200

[7] Elechi, O. (2004). Human rights and the African indigenous

justice system. A Paper for Presentation at the 18th
International Conference of the International Society for the
Reform of Criminal Law, University of Wisconsin, Quebec,
Canada.
[8] Macfarlane, J. 2007. Working towards restorative justice in
Ethiopia: integrating traditional conflict resolution systems
with the formal legal system: Cardozo Journal of Conflict
Resolution. 8: 487-509.
[9] Hamdessa Tuso (2000). Indigenous processes of conflict
resolution inOromo society.
[10] Shambel Tufa. (2019) ‘Indigenous Dispute Resolution
Mechanisms at HaramayaWoreda of Eastern Hararghe Zone,
Oromia Regional State, Ethiopia Shambel Tufa Telila
Assistant Professor in Social Anthropology’, (December), pp.
0–21.
[11] Fekadu Beyene. 2007. The role of customary institutions in
managing conflict on grazing land: A case study from miso
district, Eastern Ethiopia; ICAR discussion paper.
Figure 4. Picture of during Start reconciliation through jarsumma institution
[12] Bendeman, H. (2007) Alternative Dispute Resolution (ADR)
by jaarsafayyisoo.
in the Workplace: The South African Experience. African
Journal on Conflict Resolution Volume 7, Number 1.

[13] Julie Macfarlane (2007). Working towards restorative justice

in Ethiopia: integrating traditional conflict resolution systems
with the formal legal system. Addis Ababa, Ethiopia.
[14] Zartman, W. I. (2000). Introduction: African Traditional
Conflict ―Medicineǁ. Traditional Cures for Modern Conflicts:
African Conflict ―Medicineǁ.
[15] TrsitGirshaw. 2004. ‘Indigenous Conflict Resolution
Mechanisms in Ethiopia.’ A Paper Presented at the First
National Conference on Federalism, Conflict and Peace
Building. Addis Ababa.
[16] Rabar, Betty and Karimi. Martin. Eds. 2004. Indigenous
Figure 5. Ending Reconciliation by jarsummaa institution among conflicting Democracy: Traditional Conflict Resolution Mechanisms in
parties. Pokot, Turkana, Samburu and Maraket. A Publication of
ITDG-EA.
[17] Centeral Statistical Agency (2005). Statistical Abstract, 2004,
References Ethiopia.
[18] Elithabet Watson. 2001. Inter-institutional alliances and
[1] Rummel, R. J (2007). Understanding Conflict and War: Vol. 5.
conflict in natural resource management; Preliminary research
Random House, New York.
findings from Borana, Oromia region, Ethiopia; Marena
[2] Gove, Philip B and The Merriam Webster Editorial Staff Research Projects No 4; Department of Geography, University
(1976). Webster’s Third New International Dictionary. of Cambridge.
Massachusetts: G and C. Merriam Company, Publishers.
[19] Casley D and Kumar K. (1988): The collection, Analysis and
[3] Samson, S. W. 2007. Traditional Mechanisms of Conflict use of Monitoring and Evaluation Data. Maryland: World
Resolution in Southern Sudan: Bergh of Foundation for Peace Bank.
Support.
[20] Linda, J. M. and David H. Sh. 2010. Appreciating Traditional
[4] Dereje Seyoum (2010). The role of local governments in Forms of Healing Conflict in Africa and the World; Journal
conflict management: the case of miesoworeda An Anthology name=Black Diaspora Review 2 (1).
of Peace and Security, Addis Ababa, Ethiopia.
[21] Crawhall, Nigel, 2006: \Indigenous Peoples in Africa",
[5] Fred-Mensah, Benk. 2005. “Nugormesese: An indigenous occasional Paper, Oslo: Norwegian Church Aid.
basis of social capital in a West African Community”. 1K
[22] Stringer, Ernest T. 2007. Action Research. Third Edition. New
Notes, No. 86. World Bank.
Delhi: SAGE Publications.
[6] Murithi, T., "Practical Peacemaking Wisdom from Africa:
[23] Bloor, Michael and Fiona, Wood. 2006. Key Words in
Reflections on Ubuntu," Journal of Pan African Studies, Vol.
Qualitative Methods: A Vocabulary of Research Concepts.
1, No. 4, 2006, pp. 25-34.
London: SAGE Publications.
201 Abadir Youya Musa and Bamlaku Taddese: The Role of Jaarsummaa (Council Of Elders) Institution in
Resolving Resource-Related Conflicts in Haramaya District of East Hararghe Zone, Oromiya

[24] MamoHebo. 2005. Land disputes settlement in a plural [28] OECD. 2003. Land, Conflict, and Development: What Role
‘institutional’ Setting: the case of arsii Oromo of kokossa for Donors? (Summary, OECDUSAID Informal Experts'
district, southern Ethiopia; African Study Monographs, Suppl. Seminar, June 19-20, 2003).
29: 125-135; Graduate school of Asian and African area
studies, Kyoto University. [29] Mohammed, Salih and Markakis, J. 1998. “Introduction” in
Mohammed Salih, and Markakis, J (eds.) Ethnicity and the
[25] Lewis, H. 1989. "Kud'afran - A Multi-Functional Institution State in Eastern Africa. Uppsala: Nordic Africa Institute. New
among the Western Oromo." In Proceedings of the Third York: The Red Sea Press.
International Conference of Ethiopian Studies. Addis Ababa
1966, Vol. III. Addis Ababa. Pp, 99-103. [30] Michel, J. 2010. Alternative dispute resolution and the rule of
law in international development Cooperation. Seminar on
[26] Jetu Edossa. 2012. Mediating criminal mattersin the Ethiopian Alternative Dispute Resolution and the Rule of Law,
criminal justice system. University of Missouri, Columbia.
[27] Dejene Gemechu. (2002). Some Aspects of Conflict and [31] Gilliver, P. H. 1978. Disputes and Negotiations: A cross
Conflict Resolution among Waliso Oromo of Eastern Macha Cultural Perspective. London: Academic Press, Inc. graduate
with Particular Emphasis on the Guma. MA Thesis in Social study.
Anthropology. Addis Ababa University.