ANTHROPOLOGY GROUP ASSIGNMENT FOR PRE-ENGINEERING SECTION J DECEMBER 2022

ARBA MINCH UNIVERSITY

COLLEGE OF SOCIAL SCIENCE AND
HUMANITIES AND DEPARTMENT OF
SOCIOLOGY AND SOCIAL ANTHROPOLOGY
SECTION J GROUP ASSIGNMENT
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COURSE NAME: Anthropology
COURSE CODE: Anth 101
COURSE INSTRUCTOR: MS. Meron A.
SUBMIT DATE: 22/4/2015

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NAME OF GROUP 5 MEMBERS ID

1. Nahom Desta NSR/2880/14

2. Ruth Haile NSR/1258/14
3. Alazar Hailu NSR/2147/14
4. Abel Mersha NSR/021/14
5. Demise Cherinet NSR/1570/14
6. Tadelu Adamu NSR/2615/14
 ANTHROPOLOGY GROUP ASSIGNMENT FOR PRE-ENGINEERING SECTION J DECEMBER 2022

TABLE OF CONTENT
CONTENT PAGE

Introduction .................................................................................................................................................. 1
1. Explain concept of legal pluralism & nexus among the competing legal systems that could prevail in
any country…………………………………………………………………………………………………………………………………………2
1.1. What is legal pluralism? .................................................................................................................... 2
1.2. Legal system that could prevail in any country ............................................................................... 2
2. Analyze the strong and weak sides of customary conflict resolution mechanisms?...........................3
2.1 The strength of customary conflict resolution mechanism…………………………………………………………3
2.2 The weakness of customary conflict resolution mechanism.………………………………………………………4
3. Discuss the consequences of gender inequality and gender based marginalization by offering some
practical examples, which are the direct manifestation of the stated issues……………………………………… 6
Table 3.1 consequence of gender marginalization………………………………………………………………………………7

Conclusion .................................................................................................................................................... 8
Reference .................................................................................................................................................... 9
 ANTHROPOLOGY GROUP ASSIGNMENT FOR PRE-ENGINEERING SECTION J DECEMBER 2022

Introduction
This assignment is given to students to improve their understanding on
anthropology. This assignment has three different parts and each of them intended
to develop our understanding on the concept of anthropology and to answer
questions from different anthropological perspectives. In the first part we will try to
see the meaning and concept of legal pluralism and how it works and different legal
systems that could prevail in any country.

In the next part we will try to discuss about the meaning of customary dispute
resolution mechanism and their strong and weak sides of customary dispute
resolution.

Thirdly we focus on marginalization of different minority occupational groups and

the negative impact of marginalizing those minority occupational groups.
 ANTHROPOLOGY GROUP ASSIGNMENT FOR PRE-ENGINEERING SECTION J DECEMBER 2022

1.Explain concept of legal pluralism & nexus among the competing legal
systems that could prevail in any country.
1.1. What is legal pluralism?
Legal pluralism is an important concept in disciplines that study legal issues. It refers
to the existence of two or more legal or justice systems.
Legal pluralism is the existence of multiple legal systems within one society and/or
geographical area. in a given society or country.
Legal pluralism indicates the co-existence of multiple legal systems working side-byside
in the same society. Pluralism as a normative concept also refers to a system
that recognizes other norms emanating outside state institutions along with a state
legal standards.
Legal pluralism is a pervasive phenomenon in Ethiopia. This is because a single
legal system does not have a capability to address all legal cases and maintaining
peace and order. Contemporary studies (e.g. Kairedin, 2018) indicate that the
relation between the various legal systems is characterized by cooperation and
competition.
What linkage prevail among the competing legal systems in any country?
1.2. Legal system that could prevail in any country
The following justice institutions work side-by-side in most parts of the country,
especially in remote and rural areas:
A. state/formal justice institutions,
B. customary justice institutions, and
C. religious courts.
A. State/formal justice institutions
Is explained as a system that incorporates civil as well as criminal justice through the
formal system of state-based institutions of justice, its procedures and rules including
the courts, prosecutors, and the police
This is concerned that the legal principles are applied in a way which is fair. This
invariably involves treating people in a similar situation in the same way; like cases
should be treated alike.
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B. Customary justice institutions

Customary and informal justice describes justice and conflict resolution mechanisms
that operate outside the formal system of state-based laws and courts, ranging from
traditional and indigenous systems to local alternative dispute resolution.
C. Religious courts
Religious law includes ethical and moral codes taught by religious traditions. Different
religious systems hold sacred law in a greater or lesser degree of importance to their
belief systems, with some being explicitly antinomian whereas others are nomistic or
"legalistic" in nature.
 ANTHROPOLOGY GROUP ASSIGNMENT FOR PRE-ENGINEERING SECTION J DECEMBER 2022

2. Analyze the strong and weak sides of customary confilict resolution

mechanisms?
Before discussing about customary conflict resolution mechanisms, we should see what
conflict actually is about.
Conflict is defined as an actual opposition of needs, values and interest. Which is
natural and unavoidable part of human existence.
Conflict is resulting from individual or group that differ in attitude, belief, values or
needs.
The customary dispute resolution mechanisms are traditional practices used to resolve
conflicts and maintain peace and stability in the community. Traditional (customary)
conflict resolution mechanism is based on values, norms, custom and beliefs as
practiced by the member of the community.
Different society have been using their own institution of conflict management method
because humans have different value, culture and practices. For example when we see
Ethiopia, Ethiopia has so many different cultures and communities that practice different
conflict resolution mechanism. Some of them are :-
In Amhara region most community use shimglena.
In Oromo region, community use geda and grumma.
In Kafa, they use shimglena, tommo, eqo etc.
2.1 The strength of customary conflict resolution mechanism.

1. Accessibility

Many customary conflict resolution systems work at a very local level through
community mediators and decision makers. Generally, those institutions are within
walking distance avoiding the need for litigants to pay for transport. They are conducted
in the local language and involve almost exclusively oral proceedings obviating the need
for litigants or participants to be literate, or know national or regional languages.

2. Timeliness

Most conflict resolution systems are able to respond immediately or very quickly to
disputes that arise before they become serious thereby usually avoiding escalation into
 ANTHROPOLOGY GROUP ASSIGNMENT FOR PRE-ENGINEERING SECTION J DECEMBER 2022

conflict. The procedures are generally simple and most disputes can be resolved fairly
easily.

3. Limited cost

The cost of resolving disputes in customary conflict resolution systems is generally very
low. Litigants tend not to need to pay for transport or to hire lawyers or legal experts.

4. Legitimacy and appropriateness

c. conflict resolution systems are culturally relevant and often viewed as the most
legitimate source of justice to the participants. The systems reflect widely held beliefs,
norms and values of the community. They are generally appropriate to local contexts,
particularly in close-knit rural communities where people need to cooperate on a daily
basis.

5. Restorative capacity

Most c. conflict resolution systems focus upon restoring harmony within the community
when a dispute has arisen. They operate to reconcile the parties so that they can live in
peace and cooperation and recognize the harm done to the community.

2.2 The weakness of customary conflict resolution mechanism.

1. Inequitablity

First in gender terms, generally women are excluded from participation in conflict
resolution justice systems. They are usually not decision makers, and customary
mediators and arbitrators are almost always exclusively male. Moreover, customary
systems like formal ones have evolved to become more gender conscious.
Nonetheless, women often do not have the standing to appear before mediators and
decision makers in the customary systems on their own and may require a male relative
to represent them. C. conflict resolution institutions may also pass judgments that are
against the interests of women, notably regarding matrimonial litigation, divorce
settlement, and violence against women, particularly rape, female-genital mutilation etc.

Secondly, c.c. resolution institutions may not reflect the specific needs, rights and
interests of children and young persons, who are often treated the same as adults.
 ANTHROPOLOGY GROUP ASSIGNMENT FOR PRE-ENGINEERING SECTION J DECEMBER 2022

2. Non-compliance with the human rights standards

C.c. resolution systems operate on the basis of their own laws and procedures. These
may differ significantly from those written and passed by the legislative bodies

Thus individuals may find themselves convicted of a crime that is unknown to law or
subject to a consequence that is not supported by the formal legal system.

3. Undermining of individual rights

Because C.c. resolution systems are often based upon collective responsibility for
wrongs that are defined as those things which harm the community as a whole rather
than individuals, they generally do not reflect and fully respect the individual human
rights provisions of the Constitution or those enshrined in international instruments.

4. Lack of uniformity

There are a large number of ethnic groups in Ethiopia and most of them have their own
specific C.c. resolution institutions. There are significant differences between these
systems. Thus the justice received may be dependent upon ethnicity and locality and
not solely upon the issues or matters in dispute. This can give rise to different verdicts
about the same offence or the same verdicts for different offences resulting in lack of
consistency and potentially unfair judgments.
 ANTHROPOLOGY GROUP ASSIGNMENT FOR PRE-ENGINEERING SECTION J DECEMBER 2022

3. Discuss the consequences of gender inequality and gender based

marginalization by offering some practical examples, which are the
direct manifestation of the stated issues.
To begin with, what is gender inequality?
Gender inequality is an aspect of global inequality, and refers to the social construction
of gender, a perspective which regards men as superior to women. It is The notion that
gender may adversely impact an individual’s access to opportunities.
Gender-based marginalization means Patterns of inequitable gender treatment that
often stem from historical practices, beliefs, and social structures that have
institutionalized conceptions of gender differences such that man/male are dominant
and women/females are marginalized.
There are many instances of gender-based marginalization throughout the world, but
let's look at least 2 examples that highlight the issue.
Example-1 Not allowed to drive
Until 2018, women were banned to drive in Saudi Arabia. The Kingdom of Saudi Arabia
follows a particularly strict brand of Islamic law known as 'Wahhabism'. It says that men
and women should be kept separate and what women should wear veils to cover
themselves. It’s also the law in Saudi Arabia that every woman must have a male
guardian. This is often a relative or the woman's husband. Some people there think
women don't need to drive, because they don't travel without a man who can drive for
her. This demonstrates that gender-based marginalization happens even in
industrialized nations. This make woman dependent on men
Example-2 Not being able to decide their own future
Women frequently lack the ability to determine their future destinations, particularly in
poor nations like Ethiopia. Their parents, particularly their father, decides what will
happen in their future life. They made them to stop going to school and get married
before they reached puberty. This means that girls lose the opportunity to acquire
knowledge and skills. Leaving school also takes them away from friends and spaces
where they develop social skills and networks as well as support systems.
There is also a saying "ሴት ልጅ ተምራ የት ልትደርስ". This demonstrates how lowly our society
views women.
This has a lot of detrimental impacts on women.
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Table 3.1 consequence of gender marginalization

Health related -The toxic combination of a young girl having sex, getting pregnant
and going through childbirth when her body is not developed
enough accounts for at least 25% of known fistula cases and other
diseases.
-There are also severe reproductive and health risks, abuse of
victims’ human rights and a high risk of contracting sexually
transmitted diseases.

Psychologically Higher level of stress, anxiety, depression and post - traumatic

stress.

Economically They will be dependent on their older husband even for daily
expenditure.

In the country level A girl who is married as a child is more likely to be out of school and
not earn money and contribute to the community.
Lower life expectancy

In general, women's economic, social, and psychological well-being is

negatively impacted by gender inequality and gender-based
marginalization.
 ANTHROPOLOGY GROUP ASSIGNMENT FOR PRE-ENGINEERING SECTION J DECEMBER 2022

ConClusion

We can make the following conclusion based on the lessons we

get from this unit. culture embraces positive aspects, values,
norms, knowledge, wisdom and practices that are essential for
the survival of human society.
However, certain cultural values, belief and practices have
negative implication for the rights and wellbeing of social groups
and minority occupational groups.
We have discussed issues related to institutions of indigenous or
local governance, conflict resolution mechanisms and
peacemaking. we can not completely avoid conflicts in the social
world. Society have devised different institutions and mechanisms
to control, manage and resolve conflicts with the purpose of
maintaining peace and social order.
 ANTHROPOLOGY GROUP ASSIGNMENT FOR PRE-ENGINEERING SECTION J DECEMBER 2022

REFERENCES

 Getachew Senishaw. 2014. The Nexus of Indigenous Ecological

Knowledge, Livelihood
Strategies, and Social Institutions in Midland Gedeo Human-
Environment Relations.
PHD dissertation, Department of Social Anthropology, Addis
Ababa University

 FDRE(2019) SUMMARY: National Roadmap to end child

marriage and FGM.C, 2020-2024.

 Central Statistical Agency (CSA) and ICF. Ethiopia Demographic

And Health Survey 2016. Addis Ababa Ethiopia.