Field and river

20th International Conference of Ethiopian Studies (ICES20)
Mekelle University, Ethiopia

"Regional and Global Ethiopia - Interconnections and Identities"
1-5 October, 2018

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UNDERSTANDING LEGAL PLURALISM IN ETHIOPIA. AN EXAMPLE OF THE SERA CRIMINAL JUSTICE SYSTEM OF THE HALABA PEOPLE [Abstract ID: 0703-07]

ZELALEM T. Sirna, Dilla University, Ethiopia
MOTI Mosissa, Dilla University, Ethiopia

The main objective of this article is to discern the Sera customary system of the Halaba people vis-à-vis the state judicial system and its repercussion on individual human rights. This paper is based on fieldwork among the Halaba people of south Ethiopia. For the purpose of this paper primary data were collected through interviews with traditional judges (the garads), local people and legal practitioners at Halaba high court on the relevance of Sera and its repercussions. In addition, selected criminal cases from the High court were analyzed. This paper finds that, in dealing with legal pluralism in here jurisdiction, Ethiopia opted neutral strategy and as a result it effectively address neither the collective rights nor it could safeguard the individual rights of the members of Halaba community. Thus, it is indicated that even though plurality of justice has its own paramount importance, it is not always free of drawbacks. Therefore, this article calls for a paradigm shift from the side of the state from the state of neutrality to accommodative system where the individual rights of citizens are not jeopardized in the name of cultural rights. Finally, the paper concludes that although the cultural right of ethnic groups has to be respected, it should not overwrite the individual rights of a member of the ethnic group.