Administration of justice in Customary Courts in Oromia

Abstract

One of the values of federalism is its convenience in dealing with a plurality of laws and institutions. Ethiopia’s federalism exhibits this feature, among others, by envisaging the possibility of establishing Customary Courts in addition to formal state courts. Accordingly, Oromia Regional State established Customary Courts by law. This paper examines how the Courts administer justice in the State. The establishing laws, Customary Courts’ cases, statistical data obtained mainly from the Oromia Supreme Court, documentary films, secondary sources, and interviews conducted with elders, judges, Abba Gadaas, Haadha Siinqees, and cultural experts were used as sources of information. Within a time less than two years, Oromia Customary Courts decided 209, 270 cases out of the 260, 382 total cases presented to the First Instance Level; and 8,800 cases out of the 12,051 total cases presented to the Appellate Level. The paper finds that the courts, through cases they decide, are promoting both access to justice, and Oromo cultures and values. However, they are suffering from a lack of budget to employ necessary human resources (especially, secretaries), train their elders, furnish office infrastructures, and mobilize information flow. Moreover, their criminal jurisdiction is not traceable in both federal and Oromia constitutions unlike the establishing laws and prevailing practices. The paper suggests making interventions in these areas by way of mobilizing all budget sources of Customary Courts and amending the constitution to make the courts more vibrant institutions from where other Regional States of Ethiopia emulate the experience.