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THE DYNAMICS AND INTERPLAY OF TRADITIONAL AND MODERN CONFLICT RESOLUTION MECHANISMS AMONG THE ETHIOPIAN SOMALIS [Abstract ID: 0703-23]
Conflicts in the Ogaden have always been a familiar phenomenon, causing huge loss of life as well as destruction of property. The major source of conflict has been rivalry over resources, i.e. land (for pasture and farming), water and livestock. As the human and livestock population increased, and owing to ecological degradation, conflicts not only became frequent, but also bloodier. Somali society has a traditional system of conflict mediation that functions effectively to this day, with certain modifications to accommodate changing circumstances. It is based on customary law (heer or hera), a set of rules and obligations developed to maintain peaceful relations between clans. Many Somalis believed in the “inherent fairness” of Somali customary laws (heer) that their elders enacted and interpreted. Controlling and ending violence were among the classic tasks of a nation-state seeking to impose a monopoly over the use of legitimate force. Following the incorporation of the Ogaden into the Ethiopian State by the turn of the 20th century, efforts were exerted to impose modern laws, with the intention of gradually replacing the traditional laws. Ethiopian state administrations unsuccessfully tried to popularize modern state law among the Ogaden Somali citizens. Somali elders and chiefs, such as gerada, demina, sultan etc., who often presided over the process of customary laws, were recognized as balabats and received government handouts. With the intention of neutralizing the emerging Somali nationalism and secessionism, Ethiopian Somalis were also appointed as wereda and awraja governors. But the people largely preferred the customary law, forcing successive governments to give it priority. This paper sets out to investigate the nature and transformation of traditional customary laws among the Ethiopian Somalis as well as the role of elders and chiefs. It also analyzes the attempt and ultimate failure of the nation-state to totally supplant the traditional institutions with a modern legal code. By way of recommendation, the paper concludes that traditional institutions should be given priority in conflict resolutions before state intervention.