The interplay between traditional dispute resolution institutions and the formal justice system in Ethiopia: The case of the Jaarsa Biyyaa

Ethiopia has extensive experience with traditional dispute resolution practices that function parallel to the formal courts in various parts of the country. In pluralistic justice systems where state and non-state justice systems operate, how the state responds to the situation is significant. Through a study of cases prosecuted by the Jaarsa Biyyaa institution of the Arsi Oromo people, this article explores whether and how traditional dispute resolution institutions (TDRIs) interact with the formal courts and the impact of this interaction, if any, on the culture of the Arsi Oromo people. The findings show a shared interest in jurisdiction (predominantly over criminal matters) and competition between the Jaarsa Biyyaa and the formal courts. Moreover, there is also a practice of cooperation and complementarity between the Jaarsa Biyyaa and the formal justice system (FJS) where each recognises the other in practice. For the Arsi Oromo people, such mutual recognition is an opportunity to maintain the clanship organisation. More importantly, mutual recognition promotes conflict management in the community, which serves as a valuable lesson for the country. Other than the opportunities that arise, there are constraints such as the interruption of Jaarsummaa (elders reconciliation), broken social bonds and enmity.