The Gadaa System of the Oromo Society: The Dispute Resolution

Process

By Blen Mamo Diriba

LLB, MSc in International Security & Global Governance

April, 2011

Gadaa, or generation-grading systems, which are historically said to emerge around 15th
century, are found only in a few Cushitic-speaking societies of Ethiopia. It is a system of
generational classes that succeed each other every 8 years in assumption of political,
military, judicial, legislative, and social responsibilities. The system has a structural
classification of its members to different age grades. The “Aba Gadaa” has the ultimate
administrative power within the Gadaa system besides the important role he plays in the
process of dispute resolution. Besides its political significance, the system administers
the public life of the Oromo people in various ways, most importantly, in the process of
dispute resolution within the society and in the application of the unwritten laws of
Gadaa dealing with the distribution of resources, criminal offences, fines and
punishment, protection of property, theft, etc.

The process of resolution of disputes, arising either between groups or individual

persons, by the Oromo people through the Gadaa system helps those concerned parties
to gain justice and resolve their dispute in a least cost of time and resource, with in their
vicinity based up on their will. Though they are subject to the Gadaa system of dispute
resolution up on their will and consent, the final decision rendered by the entertaining
body is binding which its non-observance has a consequence of being expelled from the
community. The dispute resolution process of the Gadaa system is a peacefull and
amicable way of settling disagreements arising within the Oromo society.

The Gadaa System In General

Gadaa is a system of generational classes that succeed each other every 8 years in
assumption of political, military, judicial, legislative, and social responsibilities.1 Unlike a
true age-grading system a Gadaa system is distinguished by the rule that all sons follow
their fathers in the sequence of grades at a single fixed interval, irrespective of their
actual age. In order to maintain the constancy of this interval, the length of time which a
man spends in each grade is fixed at a specific number of years, as is the number of
grades separating him from his father. It is evident, therefore, that in such systems the
various grades will include at the more senior levels young boys and adolescents
together with mature men, a confusion that will not arise in true age-grading systems.

A complete Gadaa cycle consists of five age-grades. The authority held by the elders is
derived from their position in the Gadaa system. According to Gadaa, those people who
have entered the “Lubaas” grade (individuals in the expected age range of 40-48) are
considered to be elders. Therefore, the “Lubaas” (elders) settle disputes among groups
and individuals and apply the laws dealing with the distribution of resources, criminal
fines and punishment, protection of property, theft, etc. Following “Lubaas”, men
automatically retire from Gadaa and move into an advisory role known as Yuba. By then
they receive a great deal of respect, as wise experienced authorities and repositories of
law, but their decisions are no longer final as they had been. They turn the bulk of their
attention to private family businesses or religious activities while their sons enter Gadaa,
the public service.

The system is also a cycle or spiral of eleven Gadaa grades each of eight years' duration,
so arranged that boys in the first grade are the sons of men in the 6th grade; in the 2nd
grade, of men in the 7th grade, and so on-the generations being divided by a five grade
or forty year interval, all brothers being in the same grade. Not all grades are in fact of 8
years' duration: the 5th grade lasts 3 years, the 6th 8 years, and the 7th 3 years, while the
8th grade is of normal duration, but the basic symmetry of the system is preserved
nonetheless. There is an eleventh grade, Gadaa mojji, whose members assume ritual
responsibilities of purity and special sanctity, in many ways resembling that of the
youngest boys in the first grade, who are the grandsons of Gadaa mojji. After Gadaa
mojji men become Iarsa, retired men. The system applies to men only, and the basic
categories through which they pass are those of sexless boys attached to their mothers;
adolescent boys whose masculinity is socially acknowledged; young warriors; senior
warriors; political and ritual leaders; semi-retired men with ritual authority; and finally
men of special sanctity who live a life of ritual purity.

All the members of each grade belong to a named Gadaa class, “Lubaas”, in which they
remain all their lives, and these classes retain their corporate identity even when they
become Iarsa. Men are not allowed to marry before the 32nd year of the cycle, though
they may have mistresses as soon as they are capable of attracting them, and may only
beget sons in the 4oth.year of the cycle, and daughters in the 48th year, but there is no
upper limit on procreation. It appears that at present men are being born on average
about 5 grades too high in the cycle, and that the membership of the lowest grades has
therefore been partially shifted to the upper grades. As a result, a series of true age-sets,
Harjyya, has been established to compensate for this. These sets have a. span of 8 years,
and the youngest set includes boys of about 12-19 years of age, but the age sets, like the
Gadaa classes, are only formally incorporated at the transition from the 3rd to the 4th
grade. The age-sets are distinct from the Gadaa-classes, since they include men from
different Gadaa-classes; the age-sets have the function of organizing cattle raids and
war-parties.

The high degree of coordination required by Gadaa systems, and the fact that the
subjects have indisputably modified their Gadaa systems in the past shows that such
systems have not just evolved without some clear purpose.

The Historical Origin Of The Gadaa System

The Gadaa is historically said to have emerged around the 15th century. During their
history, the Oromo developed their own cultural, social, and political system known as
the Gadaa system which is a uniquely democratic, political, social, egalitarian institution
governing the life of every individual in the society from birth to death. The Gadaa is
closely connected to social and political structures. Male Oromo were organized
according to age and generation for both social and political activities. The word Gadaa
was taken from the name of a person known as Gadawo Galgalo, who was a leader of the
Borana people around the beginning of the 15th century and who apparently
introduced a simple political and military organization based on age grades
arrangement to establish future internal security.

The Gadaa was based on democratic principles. However, it is worth noting that Gadaa
is a male-oriented socio-political and cultural system and excludes the Oromo women’s
role from its political and military structures. Elections used to take place every eight
years. All Gadaa officials were elected for eight years by universal adult male suffrage;
the main criteria for election to office included bravery, knowledge, honesty,
demonstrated ability, and courage. In the life of every individual from birth to death in
the Gadaa system, there are two well – defined ways of classifying male members of the
society, that is Hiriyya (members of an age-set all born within the period one Gadaa rule
of eight years) and Gadaa grade. Gadaa system is still active in Borana, Gujji and some
parts of Oromia. Though slight differences are observed among the Oromo
communities across Oromia in the way they practice Gadaa; truly, the Gadaa system is
the pillar of Oromo culture and civilization, and it helped the Oromo Society to develop
democratic, political, economic, social and religious institutions for many centuries.

The Structure Of The Gadaa System

Oromo public life was administered through the Gadaa system. To deal with Gadaa as a
system is to see it as an arrangement of interacting parts. Understanding any one part
requires relating it to the whole, i.e., knowing how the overall system is fitted together.
Each man born or adopted by Oromo parents was automatically placed for life into a
ready-made pattern of positions and moved through it performing various services for
the public good and also receiving certain privileges. An important distinction in Gadaa
is between:-

a. Groups of men who move through a series of stages known as Gogessa

(Gadaa parties), and
b. The stages or periods themselves (Gadaa grades)

In this paper the Oromo term Gogessa is used for groups of men, although other writers
have used the terms "classes" or "age-sets" and the term “grade” is used for the stages (or
categories, or eight-year-long periods) through which all Gogessas must pass. So the
men are divided into Gogessas and the time is divided into grades.

A. Gadaa parties (Gogessa)

Gogessa can be likened to different political parties of a society. The society is divided
into five Gogessas, resembling a party in the sense that they define the conditions of
competition and recruitment for political office. Every Oromo is born to one of the five
Gogessas and children always belong to their fathers’ Gogessa. Gogessa provides a list of
contenders for Gadaa leadership, who are elected every eight years. “Aba Gadaa” and his
councilors, “Lubaa” are elected by each Gogessa as the highest authority in the Gadaa
system. The five Gogessas are named differently in different parts of Oromia. For the
purpose of discussion, the following five Gogessa names most commonly found are
used in this article:

• Birmaji

• Horata

• Bichile

• Duuloo

• Roobalee

Gogessa is perpetuated by a series of new generations, each successively emerging every

40 years. A segment of generations that make up each Gogessa is known as “Lubaa”.
Each “Lubaa” is identified by a prominent person in the generation set. Every Oromo
must be able to identify his “Lubaa” affiliation and hence his Gogessa in order to
compete for a Gadaa office.
B. Gadaa Grades

Gadaa through history came to organize Oromo social life around a series of generation
grades which assign obligations as well as rights to all the males in the society. Among
other functions, the separation of men into grades is a division of labor. Each man, as
part of a permanent group, the Gogessa, contributes his labor power in different
capacities to the society as a whole and is prevented (or discouraged) from settling
permanently until he has completed the cycle. The grades were also periods of initiation
and training as well as periods of work and performance.

There are 11 age grades within the Gadaa system which are classified in the following
manner:-

Gadaa Ages Remarks Specific roles with

Grades in the society

Daballe 0-8 Child is born None, immature,

years sons of Gadaa,
only symbolic role
as mediator
between God and
humans.

Folle 9-16 Naming ceremony Some look after

years at home or Nura small stock
(Gaammee Shrine in Liben of around Ollaas.
xixiqoo ) Ilmaan jaarsaa or
Ilmaan Kormaa,
respectively.

Qondalla 17-24 Intensification of Takes livestock

(Gaammee years the 2nd stage. further away
Gurguddo) from Ollaas and
begins drawing
water from
Eelaas.
Kuusaa 25-32 Politically Lubaa elects its
years significant. leader and is
named after him.
Nucleus of
Gadaa leaders
(Adula councils)
emerge.

Raabaa 33-40 This and the Important

Doorii years Kuusaa grade military wing of
constitute a the Gadaa
period of system.
preparation for Conducts raids;
the assumption protects
of full authority. community
territory and
resources against
enemies. Men
allowed to marry.

Gaadaa 41-48 Politically the Leadership

years most active. grade-the most
(Lubaa)
important of all
stages; Luba
assumes
power/office;
transition is
marked by
leadership
ceremony; Visit
all Borana
regions, settle
serious disputes
and convene
assemblies
 First 49-56 Retirement Advisory role in
Yubaa years stage the society; they
receive a great
Secon 57-64 deal of respect as
d years wise experienced
Yubaa authorities and
repositories of
law.
Third 65-72
Yubaa years

Gadaa 73-80 Marked by rites Senior advisor

mojjii years at different sites.

Jaarsa over 80 Stage of old age. A stage to be

years looked after and
cared for by the
community and
the family

As provided above, the persons found in each age group have their own activities and
duties to perform. A man and all of his brothers are in the same party, for example,
Birmaji, regardless of the differences in their ages. Together they move through the
hierarchy of grades, a complete Gadaa cycle of forty years behind their father. As sons
are born to a man, they are held back and do not enter into active participation in the
Gadaa system until their father retires. For example, if a man is Birmaji, his sons are
initiated into the first grade of Gadaa, when he finishes the fifth grade. If a man
continues to have children until he is very old, those sons will enter Gadaa and move
through with their elder brothers, even if they enter at the middle of the cycle as infants.
However, this might have impact on the proportion of able-bodied work-force that the
society requires in each Gogessa. In this case, it is argued that adjustments have been
made by adoption and by amendment to keep the greatest number of able-bodied men
into the grades that require the maximum of physical strength to meet the needs of the
nation, e.g. for herding livestock and for military activities.

“Aba Gadaa" is the leader of all the generational classes in the Gadaa system. A person, to
be entitled with the power of “Aba Gadaa", should reach at the age of 40 and shall
accomplish the 5th stage and reach to the 6th stage of the Gadaa age-grades. In addition
to that, such person is also expected to prepare a cordial ceremony called " Butta Galuu".
Then is when he can succeed his predecessors as "Aba Gadaa".

The Role Of " Aba Gadaa" In The Oromo Society

A person who is appointed as "Aba Gadaa" is responsible to render services in relation to
social, political and economic matters. But the usually cited and most important role of
the “Aba Gadaa" is his contribution in the amicable dispute resolution process of the
Gadaa system which we mainly concentrate on. The dispute resolution process of the
Gadaa system is made based on their own rules of unwritten law enacted by "Aba
Gadaas" during their meeting which is known as "Chaffee", to govern the conduct of the
society. While the rules and regulations laid down by the Gadaa tradition must be
respected by all councils of elders, any dispute which could not be solved by these elders
would be handled by the "Aba Gadaas".

The "Aba Gadaa" is seen as the figurehead of the whole community, and is often
described as the President. As well as performing rituals, matters are referred to him and
his council when a decision cannot be reached at a lower level. When conflict breaks out
between Ollaas (the smallest unit of settlement consisting of 30 to 100
warraas-households) or Araddaas (small group of Ollaas, usually two or three only, who
may cooperate together on their grazing pattern), or Maddaas (area surrounding one
water source), then the “Aba Gadaa" will rule on the case. If there is conflict between
ethnic groups, then he will be called in to help make peace. As the " Aba Gadaas" is
responsible for dealing with matters of concern to the community, and as matters of
concern are often related to access to the resources (water, land, and forests), the " Aba
Gadaa" is the highest level of institution of natural resources management in community.

“Aba Gadaas" has also the power and role of interpretation of the law they enacted after
entertaining any case brought before them, either by a single individual or by members
of a group which multilaterally consented to bring a case before " Aba Gadaas" for
adjudication.

The Process Of Dispute Resolution With In The Gadaa System

Apart from their political significance, the Gadaa leaders play important roles in dispute
resolution within the community. Within the dispute resolution process of the Gadaa
system, dispute settlement is preferred to be made up on the mutual consensus of the
disputing parties. When the parties to the dispute cannot solve their disagreements
between themselves by way of negotiation, a 3rd party, either mediator or arbitrator may
be involved in the undertaking of dispute resolution. When dispute arises between
parties, especially when it relates to a civil dispute, either the relatives of the disputants
or any other interested 3rd party, may inspire the disputants to bring their disputes
before the “Aba Gadaas". Most of the time, the defendant or his relatives implore the
plaintiff or the plaintiff's relatives to solve their disagreements in a peaceful and amicable
manner. Then the relatives or friends of each disputant call both parties before the “Aba
Gadaas".

A case of both criminal and civil matter should be brought before "Aba Gadaas" in oral
form briefly and concisely. "Lubaas" with “Aba Gadaas", as well as the relatives and
friends of both parties has the right to hear the case except the witnesses, if any. After
being brought before the "Aba Gadaas", the disputing parties will be given the
opportunity to select out the "Aba Gadaas" whom they want to involve in the dispute
resolution process as an arbitrator. And those "Aba Gadaas", whom the parties choose as
an arbitrator cannot refuse to arbitrate the parties unless there exists a situation which is
beyond their capacity, i.e. when they are faced with force majeure situation. But if any of
the "Aba Gadaas" refused to do so without any sufficient reason, they are to be
considered by the society as unethical and persons with low social status.

If the case is related to criminal matters, the offender by himself or the relative of the
offender or his friends induces the victim as well as the relatives of the victim, to solve
the existing dispute before and under the shadow of “Aba Gadaas". If the act of the
offender highly affected the victim as well as his relatives, the relatives of the offender
will beg the victim party himself, or if the victim has passed away due to the offense,
they will beg his relatives so as to settle their dispute before “Aba Gadaas". After being
begged by the offender's relative, the victim or his relatives would not refuse to settle
their disputes peacefully under the Gadaa system.

Among the disputants either the party making the complaint or the accused, who is
interested to explain his case first has the right to be heard and can shortly, briefly and
concisely present his claim or defense with sufficient evidence orally. Since the case
would be heard at the same time and place whether the party expressed his case first or
later would make no difference. But usually, the victim party says "sinhimadha
gaaddiisaan sigahadha", i.e., “I would complain to you and take you to the shadows".
Then the accused replies in favor or against. Where the accused replies in favor, he on
the account of honesty and truthfulness admits his fault which makes the process of
resolving dispute easier.

Those "Aba Gadaas" and "Lubaas", who are sitting to attribute the disputants, would ask
the disputants if they have any resentment from one or more of the arbitrators that make
them not to sit in the settlement of the dispute. The parties in conflict, either the issue is
of civil matter or criminal matter, must express their claims or defenses in a clear and
unambiguous manner. After all this procedures, "Aba Gadaas" particularly "Aba Allenga",
who serves as a public prosecutor, examines the parties deeply and oblige them to
clarify any ambiguous statement made by them. Like the modern assembly procedure,
the polemical forum is ruled by sober discipline and faithfulness, if in the session, a
spokesman of one group is arguing harshly or in hasty ways. In such a circumstance the
spokesman may miss relevant points, and thus any one of this group has a right to stop
him to adjust the matter to the proper order, raise any collateral issues that they have
overlooked and turn the forum back to him. When the case is concerning a group
conflict, any one among the group members is entitled to express the case orally.

Then after the "Aba Gadaas" proceed to frame the issues of the dispute. But before
framing issues, they can call either or all of the parties to verify each of the issues stated
by the parties. Then they will identify whether the issue of the case constitutes civil or
criminal matter and whether they have jurisdiction over the issue of the case or not.
Where the party against whom a complaint is made appears before the “Aba Gadaa" and
denies all the allegations made against him by the alleged victim, the existence or
non-existence of the facts denied is to be proved through a cultural procedure of proof
called “Kaka Lukoo” .

“Kaka Lukoo” means Oath of the party against whom the complaint is made and his
relatives, who are considered to be familiar with the behavior, conduct and life of the
alleged defendant. So if both or one of the parties deny the commission or omission of
the issue which has been framed, the "Aba Gadaas" order the parties who wanted to
prove his allegation by presenting evidentiary witnesses, if any. If the parties admitted,
the "Aba Gadaas" will directly entertain the merits of the case without seeking the
production of testimonial evidence. As a formal litigation, a party who shoulders the
burden of proof is with duty to provide convincing evidence and call witnesses so as to
prove his claim or his defense. In civil cases, the plaintiff will shoulder the burden of
proof if the defendant denies the issue of the case. In criminal cases, the aggrieved party
will have the duty to produce evidence so as to prove his allegation. "Aba Gadaas" at the
hearing stage will ascertain the existence or non-existence of the alleged facts which are
proved or disproved through the production of evidence by the party who shoulders
the burden of proof. The "Aba Gadaas" may use any possible and available means of
examination of evidence provided by the conflicting parties, though the most important
means of examination is public and private examination. The witnesses, to the best of
their knowledge and ability, are expected to testify the truth honestly after taking an
oath and vow. The "Aba Gadaa" can cross-examine or re-examine the witnesses. The
witnesses, most of the time, do not dare to perjure evidence (give a false testimony) for
whatever reason. This is because of the oath and vow they took and due to the fear of
society which they live in. Honesty and truthfulness are given great emphasis in the
Oromo society. There is a known proverb within the Oromo elders, i.e., "saala lataan
hindhoosanu dhugaa waaga hindhosanu" which means “hiding nakedness from earth
and truth from God is impossible ".

Where the party against whom a complaint is made, refused to appear before the “Aba
Gadaa" to defend himself, an oral message will be send to him to appear before the "Aba
Gadaa". If he still refuses to appear, the same message will be send to his relatives and
clan leaders to force him to appear. If he still remains refusing, he will be considered as
criminal, and the "Aba Gadaa" will declare such person to be out casted. Then the
relative of this person and the victim will cast this person out. This punitive measure is
related with a social and political out casting.

Evidence in Gadaa Dispute Resolution Process

Similar to the judicial dispute resolution procedure, witnesses’ testimony and
documentary evidence are given emphasis in the Gadaa system of dispute resolution as
relevant forms of proof. Among witnesses, “Ogessas”, who, just like modern days
medical experts, are culturally entitled to treat physical injury of individuals within the
community, can appear as a witness before the “Aba Gadaa" so as to testify on the
existence or non-existence of injury, and where there exists injury, the extent of injury
that the alleged victim faced during the conflict. Where no evidence is presented by the
disputing parties, the "Aba Gadaa" will send them to the “Aba Bokuu” or “Kallu” to prove
such cases from the words of the parties themselves, provided upon oath. “Aba Bokuu”
or “Kallu” is considered as a spiritual father of the society that acts as a mediator
between the community and their God. And as a result of the status they have got
within the society, no one tries to make a false statement before the “Aba Bokuu” or
“Kallu”. In such cases; the parties will take an Oath before the “Aba Gadaa" to make a
truthful statement to the best of their knowledge which is known as “Kake Warra
Qaalluun”.

The Decision Making Process

After conducting all the necessary procedures of examination of both the disputing
parties and their corresponding witnesses, if any, the process of making a decision as per
the unwritten law of the Gadaa community will follow. Both parties are allowed to
debate over the issues of the conflict in an adversarial way of trial while the "Aba Gadaa"
over the debate and examine the parties and evidence in an impartial, fair and
inquisitorial way so as to reach a just decision.

"Aba Gadaas”, except what is claimed or said by the parties, never include anything by
implication because the tribunal of justice is governed by proper discipline. There is a
proverb known in the Gadaa community which is “waan abbaan himateyaaiin gora”, i.e.
“what is not claimed cannot be an issue of conflict to be settled”.

Awards Granted By The "Aba Gadaa"

Where the case relates to criminal and extra contractual matters, the victim party, where
the defendant is found at fault, will be entitled to get compensation for damage that
occurred as a result of the act of the offender. Such compensation is known as
“Gummaa” by the Gadaa community. It is collected from the relatives and clans of the
person who is obliged to pay. The purpose of such an assistance and support so as to
make payment is to relieve a person from economic impediments entailed as a result of
making the payment of “Gummaa”. During ancient times, “Gummaa” was paid up with
heads of cattle. But today such practice is not common and changed to monetary
payment. The amount of money fixed for “Gummaa” is different in different parts of
Oromia based on the economic status of the community.

When the case relates to civil matters, particularly if its dispute over a property, the party
on whose favor the decision is made, is entitled to get back his property either in the
form of restitution or monetary payment, where it is impossible to effect restitution. The
amount of money paid instead of restituting the property shall be of equal value with
the monetary value of the property on the date of payment.

Mechanisms of Enforcement of Judgment

It is obvious that after a decision is rendered, it shall be executed or enforced, which is a
critical manifestation of the binding nature of a decision. So as to enforce a decision
made by "Aba Gadaa", the party who is obliged to give “Gummaa” for the other party will
promise to give the “Gummaa” or restitution of the property on a certain fixed day
known as “Qaraaraa” and not to take the case to court as a decision is rendered by the
"Aba Gadaas". And the other party will also promise to come and take the award on such
date in a voluntary manner. In most parts of Oromia, the execution and enforcement of
the decision of "Aba Gadaa" is carried out by a person honored by the community,
“Luko”. Persons are selected by "Aba Gadaas" or by the agreement of the parties to act as
“Luko” are considered as guarantors to enforce and execute the decision rendered.

In Borana, the execution of the decision of "Aba Gadaas" is carried out through a person
known as “Jalahaaba”. “Jalahaaba” means a guarantor of execution, who is also duty
bound to receive orders and take actions of enforcement. Where one of the parties
refuses to carry out his duty which is shouldered up on him by the decision made,
“Luko”, who is the guarantor of payment, will appear before the "Aba Gadaas", turn his
back to them and tell the situations so as to let them take all the necessary measures.

After ascertaining the statement made by the “Luko”, "Aba Gadaas" will order the failing
or refusing party to be out casted from the community. If the party to conflict passed
away as a result of the injury caused to him in time of dispute, “Gummaa” is paid to the
descendant, spouse and ascendant of the deceased person, if any. Where there exists
persons who have collateral relations with the deceased person, they will also be
entitled to “Gummaa”.

Compatibility Of Decisions Rendered By "Aba Gadaas" with the Law

So as to determine whether a decision given by the "Aba Gadaas" is compatible with the
law, it is a must to evaluate not only the procedure followed to make a decision, but also
the awards granted or the merits of the decision finally reached at, both for civil and
criminal issues of dispute.

Awards for a Civil Claims

For a civil claim, the award granted is compensation, i.e., “Gummaa”, or restitution of
the property over which a claim is made. Where restitution is impossible payment of the
monetary value of the property at time of payment will be made. The amount of
compensation depends on the degree of the norm inflicted. For instance, the amount is
definable to mitigation if it is inflicted in the state of self-defense, negligence…etc.

As in the well known principle in the positive laws, i.e. “ignorance of law has no excuse”,
failure to observe the unwritten rules of the Gadaa community has no value of defense
before the "Aba Gadaas". It follows that the transgression of an explicit legal rules,
administrative regulations or trespassing certain protected rights attracts either
economic or political sanction on

the offending party. This can be cited as a manifestation of the compatibility of the
Gadaa system with that of the law.

Judgements in Criminal Convictions

Criminal cases are matters of general interest that are dealt with appropriately for the
sake of common good. For instance, in case of homicide, the sanction on a person is
excluding such person from social and political affairs of the society besides ordering
such person to comply with the procedures expected from him in customary ways. But
in the judicial institution, the measures are imprisonment, fine and probation of
offenders.

In the Gadaa system, instead of imprisonment, "Aba Gadaas" order such person not to
show his bread and hair, not to cut his nails, not to eat by his right hand, not to live with
his family, not to sit with anybody and as well he couldn’t seat with in mass until
“Gummaa” is paid to the victim or where the victim is deceased, to the relative of the
deceased. All these measures that are imposed on a convicted person is aimed at
revealing the person from regret, mourn and misery as a result of his bad conduct.
Therefore, we can conclude that the decisions rendered by "Aba Gadaas" over criminal
claims are not compatible with the criminal law which emphasizes public interest and
protection.

Appeal Procedures In The Gadaa System

If there arises any objection against the final decisions made by the "Aba Gadaas", the
party who is aggrieved by such decision has the right to appeal to the next higher level
of "Aba Gadaas" who are organized by “Aba Bokuu” or the leaders of Gadaa of the
vicinity. “Aba Bokuu” is a person who has a power of leading power over the “Aba
Gadaas" and “Kallus” as well. The purpose of such appeal right and appellate procedure
is to guarantee maximum fairness and impartiality.

When contending parties go to appeal, they will hold a stick and show up a white flag.
The appeal is presented by some of the “Lubaas” or elderly and elite persons. The other
“Lubaas” and the "Aba Gadaas" with the power to entertain the appeal would render a
decision which is a final and non-appealable one. The decision over the appeal is to be
pronounced by the elderly “ Lubaa” grades.

Summary

The Gadaa system, based on all the facts cited on the body part of the paper, can be said
the most democratic and consent based system within the Oromo society. It have got 11
Gadaa age-grades, each with a corresponding role. The process of dispute resolution,
which has its basis on the will of the disputing parties, follows a fair and just procedure,
which is a means to a social end of attaining justice and satisfying the natural right and
fair trial guarantees of the parties in conflict, i.e. the right to be heard, the right to fair
and free trial… etc.

Among the procedures which are cited as a means to attain justice, examination of
witnesses, which is the stage where both the alleged victim and the defendant have a
great role in the production of evidence before the “Aba Gadaa”, is vital for the final
disposal of the case. This process includes witnesses as a main instrument. The “Aba
Gadaa” and the “Lubaa” will finally make a decision over the issue of the dispute based
on the words of the parties they perceived up on examining them, the testimonial
evidences presented before them and the unwritten law of the Gadaa society. Most
importantly, in the Gadaa system of dispute resolution, the party who is aggrieved by
the decision rendered by the “Aba Gadaa” and “Lubaa” has the right to appeal.

Recommendations:

The process of dispute resolution within the Gadaa system though is widely
implemented and accepted within the Oromo society seems to be against the law of the
state with regard to its implementation on disputes which constitutes a criminal issue.

As criminal matters are highly attached to the concerns of the public interest, and as the
dispute settling power of cultural institutions cannot extend to the settlement of
criminal disputes, we recommend the system either not to totally be involved in the
resolution of criminal disputes or to involve to the extent of ordering the parties to take
their case to the formal judicial process of dispute resolution and avoiding grudges and
antagonistic feelings between the disputing party which is the usual consequence of the
judicial dispute resolution process.

References

❖ Indigenous systems of conflict resolution in Oromia, Ethiopia, Desalegn Chemeda

Edossa, Mukand Singh Babel, Ashim Das Gupta and Seleshi Bekele Awulachew.
(International workshop on ‘African Water Laws: Plural Legislative Frameworks for
Rural Water Management in Africa’, 26-28 January 2005, Johannesburg, South Africa)

❖ The origins of the Borana Gadaa System, C. R. Hallpike, and A discussion of Gadaa:
Three approaches to the study of African society. By Asmarom Legesse. New York: Free
Press, 1973.

❖ Conflict resolution and management: Justice in Borana, by Habtamu Wondimu.