Hundeeffama Mana Murtii Aadaa Naannoo Oromiyaa

Abstract

Traditional justice systems are normally community-level dispute resolution mechanisms with non-state origins, even if subsequently recognized and regulated by the state. Some states retain a vertical structure, with the traditional system forming the lowest levels of the court system while others have a parallel system, with the traditional forum and the formal court serving alongside one another and providing the parties with a choice of forum. The Federal Democratic Republic of Ethiopia’s Constitution under Art.34 (5) stipulates that the House of Peoples’ Representatives and State Councils can establish or give official recognition to religious and customary courts. And added under the same provision that religious and customary courts that had state recognition and functioned prior to the adoption of the Constitution shall be organized on the basis of recognition accorded to them by this Constitution. The same provision is enshrined under Art.62 of Oromia Regional National State Constitution. Even though, it is about three decades since these Constitutions come to effect, there is neither any customary court that is established, nor recognized by Oromia State Council. This article is about to address the opportunities and challenges there for establishment of customary court and the possible structure the customary court need to have in case of establishment. Meanwhile, qualitative research method that includes review of literature, about 67 in-depth interviews, about 36 focus group discussions and about 80 open-ended questioners are employed. And it is found that as there is good opportunity, Customary Court at kebele level and customary appellate court at Woreda Level, with its decision to be reviewed at regular court, shall be established through out the region.