This study examined the practices and challenges of customary conflict resolution mechanisms in rural land use and land related dispute resolution in Bahir Dar Zuria Woreda of Wojer, Feresewoga, and Tentakerkose, Sebatamite, and Lejome kebeles. To achieve the objectives, the study has employed qualitative research approach with case study research design by using primary and secondary sources of data. Data were collected using focus group discussion, interviews, and non-participatory observation; and relevant literatures and documents are reviewed. Informants were selected based on purposive and snowball sampling methods. The total number of informants participated in this study were 91. The data were analyzed qualitatively through the use of thematic analysis. The findings of this study indicated that shimglina customary conflict resolution mechanisms played great role in land dispute resolution. The strengths of shimglina in which, people prefer it over the formal legal system were, in terms of time, resource, accessibility, and restoring the broken peaceful interaction. The study found that land use and land related disputes are increased. Also, the study revealed that shimglina faced many challenges that hinder its effectiveness in the resolution of land use disputes. Unless the underlying challenges of shimglina are not solved, the effectiveness of the mechanism in the resolution of land dispute is difficult. The absence of clear legal and policy framework in the practices of shimglina in rural land use disputes, lack of attention to shimglina by the government, the absence of strong enforcement mechanism, the influence and intervention of the government and politicization of shimglina are the major challenges in the practices of shimglina in rural land disputes resolution. The government should give attention to shimglina in rural land disputes for peaceful co-existence and community solidarity. The study established that shimglina as an indigenous conflict resolution mechanism plays a significant role in rural land use dispute resolution. In dealing with cases arising from rural land use dispute, Shimaglies (elders) play vital roles which include arbitration, mediation, decision making, peace-making, peacebuilding, permit traditional oath and link the living with God. This study recommends that; the government should give attention to shimglina in rural land use disputes resolution for peaceful co-existence and community solidarity, make detailed legislation and policies.
| Published in | Humanities and Social Sciences (Volume 11, Issue 4) |
| DOI | 10.11648/j.hss.20231104.14 |
| Page(s) | 141-153 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2024. Published by Science Publishing Group |
Rural Land Dispute, Indigenous Conflict Resolution, Challenges of Customary Conflict Resolution, Shimglina, Bahir Dar zuria Woreda
| [1] | Behailu, D. (2015). Transfer of Land Rights in Ethiopia: Towards A Sustainable Policy Framework. Eleven International Publishing. |
| [2] | Byamugisha, F. (2013) Securing Africa’s Land for Shared Prosperity: A program to scale up reforms and investment. |
| [3] | Jembere, A. (1998). Legal History of Ethiopia 1434-1974. Some Aspects of Substantive and Procedural Laws. Rotterdam: Erasmus University. |
| [4] | Luccaro, T. (2016). Customary Justice: An Introduction to Basic Concepts, Strengths, and Weaknesses. Practitioner’s Guide. International Network to Promote the Rule of Law. |
| [5] | Mulugeta, G. & Tefera, E. (2009). Alternative Dispute Resolution. |
| [6] | Regassa, T. (2008). Restorative Justice in Oromia, Baseline Study. Addis Ababa, Central Printing Press. |
| [7] | Ayalneh, B., Taeb, M., & Endo, M. (2006). Land ownership and Conflicts over the Use of Resources: Implication for Household Vulnerability in Eastern Ethiopia. Ecological Economics, 58 (1), 134-145. |
| [8] | Alemie, A., & Hone, M. (2018). Roles of Indigenous Conflict Resolution Mechanisms for Maintaining Social Solidarity and Strengthening Communities in Alefa District, North West of Ethiopia. Journal of Indigenous Social Development Volume, 7 (2). |
| [9] | Bedasa, N. A., & Hussein, J. W. (2018). Challenges in Managing Land-Related Conflicts in East Hararghe Zone of Oromia Regional State, Ethiopia. Society & Natural Resources, 31 (3), 351-366. |
| [10] | Endalkachew, B. (2016). Challenges and Opportunities of Indigenous Conflict Resolution Mechanism in Oromia Regional State: The Case of Rayitu Woreda, Bale Zone. European academic research vol. IV, issue 6/September 2016. |
| [11] | Endalew L. (2014). Ethiopian Customary Dispute Resolution Mechanisms: Forms of Restorative Justice? African Journal on Conflict Resolution, 14 (1), 125-154. |
| [12] | Fekadu, P. (2009). Underlying Distinctions between ADR, Shimglina and Arbitration. Mizan Law Vol. 3, No. 1. Addis Ababa University, Ethiopia. |
| [13] | Gashu, A. & Amsalu T. (2017 ). Decentralised Rural Land Administration in Ethiopia: The Case of Amhara Region. Journal of Land and Rural Studies 6 (1) 34–49. |
| [14] | Hebo, M. (2005). Land Disputes Settlement In A Plural ‘Institutional’ Setting: The Case Of Arsii Oromo Of Kokossa District, Southern Ethiopia. African study monographs. Supplementary issue (2005), 29: 125-135, Departmental Bulletin Paper, Textversion publisher. |
| [15] | Hillo, M. K. (2018). Individual and State Land Dispute Management Aystem (sic) in Ethiopia: Appraisal of the Legislative Framework. Üniversitepark Bülten, 7 (2), 96-107. |
| [16] | Macfarlane, J. (2006). Working towards restorative justice in Ethiopia: Integrating traditional conflict resolution systems with the formal legal system. Cardozo J. Conflict Resol., 8, 487. |
| [17] | Mequanent, G. (2016). The Application of Traditional Dispute Resolution in Land Administration in Lay Armachiho Woreda (District), Northern Ethiopia. World Development, 87, 171-179. |
| [18] | Muigua, K. (2019). Effective Application of Traditional Dispute Resolution Mechanisms in the Management of Land Conflicts in Kenya: Challenges and Prospects. |
| [19] | Niang, T. & Dieng, S. D. (2004). Land tenure and family farming in Africa: With special reference to Senegal. In J. Quan, S. F. Tan & C. Toulmin (Eds.), Land in Africa: Market asset or secure livelihood? Pp. 61-74. London: International Institute for Environment and Development. |
| [20] | Siyum, B. A., Bihon Kassa, B. S., Gebremedhin, M. A., & Mekelle, E. (2015). Farm Land Conflict and its Socio-Economic Consequences in Tahtay Qoraro, Tigray, Ethiopia. International Journal of African and Asian Studies, 9, 44-55. |
| [21] | Solomon, G. (1992). Conflict Management in Traditional Amhara Society. In Alula Pankhurst and Tshai Berhane Selassie (Eds.), Sociology, Ethnology Bulletin, volume I, Number 2 march 1992 (pp 55-60) Addis Ababa University: Department of Sociology and social administration. |
| [22] | Wondyrad, A. (2014). The Practice of Indigenous Conflict Management Systems in a Multiethnic Society: The Case of Shimgelena in Guangua and Dibate Districts of Metekel Area; Ethiopia. |
| [23] | Abebe, H. (2017). Rural Land Conflicts and Resolution mechanisms: The Case of Bahir Dar Zuria Woreda, West Gojjam Zone, Amhara National Regional State, Ethiopia. (Unpublished MA thesis). Bahir Dar University. |
| [24] | Abebe, M. (2009). Compatibility between Rural Land Tenure and Administrative Policy and Implementation of Law in Ethiopia; in land law and policy in Ethiopia since 1991: Continuities and Change. Addis Ababa University. |
| [25] | Abebe, K. (2007). Agricultural Product Marketing: Challenges Towards A Commercial Approach With Particular Reference To Cereal Crops (A Case Study In Bahir Dar Zuria Woreda) (Unpublished Ma Thesis, Addis Ababa University). |
| [26] | Bamlak, Y. (2013). Assessment of Indigenous Conflict Resolution Systems and Practices: Implication for Socio-Economic Development: A Survey of Simada Woreda, Amhara Region, Ethiopia (Unpublished MA Thesis, Mekelle University). |
| [27] | Birhanu, B. (2018). Ethnic Federalism and Inter-ethnic Relations in Ethiopia: A Focus on the Peoples of Amhara and Kemant (Unpublished MA Thesis, Bahir Dar University). |
| [28] | Berhanu, D. (2018 ). Rural Land Disputes Resolution Mechanisms In Oromia Regional State: A Case Study Of Dugda Woreda Court In Eastern Shoa Zone (Unpublished Ma Thesis, Addis Ababa University). |
| [29] | Desalegn, B. (2018). Rural land disputes resolution mechanisms in oromia regional state: a case study of dugda woreda court in eastern shoa zone. (Unpublished MA thesis, Addis Ababa University). |
| [30] | Getachew, M. (1998). Capacity Building for Local Development: A Comparative Study of "Formal" and "Informal" Organizations in Gondar, Northern Ethiopia (PHD dissertation, Carleton University, 1998). |
| [31] | Girma, G. (2014). The Role Of Sidama Traditional Institution In Rural Land Dispute Resolution: A Case Study In Sidama Zone. (Un Published MA Thesis, Hawassa University). |
| [32] | Haftom, T. (2011). Rural land dispute settlement mechanisms in Tigray: The case of Humera (UnPublished MA Thesis, school of graduate studies, school of law, Addis Ababa University). |
| [33] | Kassa, S. A. (2020). Managing land conflicts in plural societies: Intergroup land governance in Ethiopia. (PhD dissertation, University of Amsterdam, in collaboration with the Ethiopian government, and financed by the Dutch embassy in Addis Ababa). |
| [34] | Mulugata, M. (2017). Assessing rural land disputes and dispute dispute settlement mechanisms in Wore Jarso Woreda, Oromia Regional state. (Unpublished MA Thesis, Bahir Dar University). |
| [35] | Musto, L. (2018). Influence of Indigenous Conflict Resolution Mechanism on Land Use Management Inpokot Central Sub-County, Kenya. (Unpublished MA Thesis, KISII University). |
| [36] | Muigua, K. (2015). Legitimizing Alternative Dispute Resolution in Kenya: Towards a Policy and Legal Framework university of Nairobi, Kenya. |
| [37] | Moreda, T. S. (2016). The political economy of the land–livelihoods nexus in an era of ecological change and the global land rush: Access to land, land conflict and large-scale land acquisitions in Ethiopia. (PhD dissertation) Erasmus University Rotterdam, international institute of social studies). |
| [38] | Sewnet, A. A. (2018). The nature of land expropriation and compensation in Amhara National Regional State: a focus in Bahir Dar Zuria Woreda. (MA Thesis, Bahir Dar University). |
| [39] | Yohannes, B. (2003). Shemglina (moot): Indigenous Institutions for resolving conflicts outside the codified legal system, case studies from six kebeles in North Gondar. In Tafesse Olika, Yacob Arsano and Oyvind Aadlan 9Eds.), Topics in Contemporary political Development in Ethiopia (Towards research Agenda in the Framework of DPSIR-NIHR Research Programmed, 1998-2003). Addis Ababa University. |
| [40] | Yonas, T. (2011). Women and Land Rights in Rural Ethiopia: The Case of Wolaita. Thesis Submitted to University of Troms. |
| [41] | Yoseph, G. (2006). Bahelawi erq bemisraq Gojjam Mestedader zone Debay Tilat Gin Worda ( Traditional conflict Management in East Gojjam Administrative Zone Debay Tilat Gin Distric) (Addis Ababa University, MA Thesis). |
| [42] | Daudeline, J. (2002). Land as a source of conflict and in post-conflict settlement. In World Bank regional workshop on land issues in Africa and the Middle East. |
| [43] | Desalegn, C., Edossa, M., & Singh, B. (2005). Indigenous systems of conflict resolution in Oromia. In Ethiopia International Workshop on ‘African Water Laws: Plural Legislative Frameworks for Rural Water Management in Africa. |
| [44] | Fekadu, B. (2007). The role of customary institutions in managing conflict on grazing land: A case study from mieso district, Eastern Ethiopia; ICAR discussion paper. |
| [45] | Taschuk, P. & Chambers, S. (1999). The latest in Dispute Avoidance Techniques: paper prepared for the construction super conference. |
| [46] | DOA, (2000a). Annual progress report. Bahir Dar Zuria Woreda Department of Agriculture, Bahir Dar, Ethiopia. |
| [47] | Zerihun, H. (2016). Land Governance Assessment Framework Implementation in Ethiopia Final Country Report with Contributions from Expert Investigators, Supported by the World Bank. |
| [48] | Shibeshi, G. B., Fuchs, H. & Mansberger, R. (2015) Lessons from systematic evaluations of land administrations systems: The case of Amhara national regional state of Ethiopia. World development, 68, 282,-295. |
| [49] | USAID, (2013). Issue brief: land and conflict; land disputes and land conflicts. |
| [50] | World Bank report, (2012b). Federal Democratic Republic of Ethiopia - Options for strengthening land administration. Washington, DC: World Bank. Report No: 61631ET. |
| [51] | ANRS Council (2006). The Revised Amhara National Regional State Rural Land Administration and Use Proclamation Number 133/2006. Zikre Hig, No. 18. |
| [52] | Constitution of the Federal Democratic Republic of Ethiopia, (1995). Federal Negarit Gazeta, proclamation No. 1/1995. |
| [53] | Oluwafemi, B. (20140). Methods of Conflict Resolution in African Traditional Society. An International Multidisciplinary Journal, Ethiopia Vol. 8 (2), Serial No. 33. |
| [54] | Durkheim, E. (1964). The Division of Labour in Society (reprint). The Free Press Glencoe: New York. |
| [55] | Kariuki, F. (2015). Conflict Resolution by Elders in Africa: Successes, Challenges and Opportunities: Chartered Institute of Arbitrators Centenary Conference Learning from Africa. At the Victoria Falls Convention Centre, Livingstone, Zambia. |
| [56] | Nwolise, O. (2005). Traditional Modes of Bargaining and Conflict Resolution in Africa. In: Perspectives on Peace and Conflict Studies In Africa, Olawale, I. A. (Ed.). John Archers Publishers Ltd, Ibadan. Pp: 152–168. |
| [57] | Boege, V. (2006). Traditional Approaches to Conflict Transformation: Potentials and Limits. |
APA Style
Asmare Shetahun Alemneh. (2023). The Role of Indigenous Conflict Resolution Mechanism on Land Use Dispute Resolution in Bahir dar zuria Woreda. Humanities and Social Sciences, 11(4), 141-153. https://doi.org/10.11648/j.hss.20231104.14
ACS Style
Asmare Shetahun Alemneh. The Role of Indigenous Conflict Resolution Mechanism on Land Use Dispute Resolution in Bahir dar zuria Woreda. Humanit. Soc. Sci. 2023, 11(4), 141-153. doi: 10.11648/j.hss.20231104.14
AMA Style
Asmare Shetahun Alemneh. The Role of Indigenous Conflict Resolution Mechanism on Land Use Dispute Resolution in Bahir dar zuria Woreda. Humanit Soc Sci. 2023;11(4):141-153. doi: 10.11648/j.hss.20231104.14
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Download@article{10.11648/j.hss.20231104.14,
author = {Asmare Shetahun Alemneh},
title = {The Role of Indigenous Conflict Resolution Mechanism on Land Use Dispute Resolution in Bahir dar zuria Woreda},
journal = {Humanities and Social Sciences},
volume = {11},
number = {4},
pages = {141-153},
doi = {10.11648/j.hss.20231104.14},
url = {https://doi.org/10.11648/j.hss.20231104.14},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20231104.14},
abstract = {This study examined the practices and challenges of customary conflict resolution mechanisms in rural land use and land related dispute resolution in Bahir Dar Zuria Woreda of Wojer, Feresewoga, and Tentakerkose, Sebatamite, and Lejome kebeles. To achieve the objectives, the study has employed qualitative research approach with case study research design by using primary and secondary sources of data. Data were collected using focus group discussion, interviews, and non-participatory observation; and relevant literatures and documents are reviewed. Informants were selected based on purposive and snowball sampling methods. The total number of informants participated in this study were 91. The data were analyzed qualitatively through the use of thematic analysis. The findings of this study indicated that shimglina customary conflict resolution mechanisms played great role in land dispute resolution. The strengths of shimglina in which, people prefer it over the formal legal system were, in terms of time, resource, accessibility, and restoring the broken peaceful interaction. The study found that land use and land related disputes are increased. Also, the study revealed that shimglina faced many challenges that hinder its effectiveness in the resolution of land use disputes. Unless the underlying challenges of shimglina are not solved, the effectiveness of the mechanism in the resolution of land dispute is difficult. The absence of clear legal and policy framework in the practices of shimglina in rural land use disputes, lack of attention to shimglina by the government, the absence of strong enforcement mechanism, the influence and intervention of the government and politicization of shimglina are the major challenges in the practices of shimglina in rural land disputes resolution. The government should give attention to shimglina in rural land disputes for peaceful co-existence and community solidarity. The study established that shimglina as an indigenous conflict resolution mechanism plays a significant role in rural land use dispute resolution. In dealing with cases arising from rural land use dispute, Shimaglies (elders) play vital roles which include arbitration, mediation, decision making, peace-making, peacebuilding, permit traditional oath and link the living with God. This study recommends that; the government should give attention to shimglina in rural land use disputes resolution for peaceful co-existence and community solidarity, make detailed legislation and policies.},
year = {2023}
}
TY - JOUR T1 - The Role of Indigenous Conflict Resolution Mechanism on Land Use Dispute Resolution in Bahir dar zuria Woreda AU - Asmare Shetahun Alemneh Y1 - 2023/07/17 PY - 2023 N1 - https://doi.org/10.11648/j.hss.20231104.14 DO - 10.11648/j.hss.20231104.14 T2 - Humanities and Social Sciences JF - Humanities and Social Sciences JO - Humanities and Social Sciences SP - 141 EP - 153 PB - Science Publishing Group SN - 2330-8184 UR - https://doi.org/10.11648/j.hss.20231104.14 AB - This study examined the practices and challenges of customary conflict resolution mechanisms in rural land use and land related dispute resolution in Bahir Dar Zuria Woreda of Wojer, Feresewoga, and Tentakerkose, Sebatamite, and Lejome kebeles. To achieve the objectives, the study has employed qualitative research approach with case study research design by using primary and secondary sources of data. Data were collected using focus group discussion, interviews, and non-participatory observation; and relevant literatures and documents are reviewed. Informants were selected based on purposive and snowball sampling methods. The total number of informants participated in this study were 91. The data were analyzed qualitatively through the use of thematic analysis. The findings of this study indicated that shimglina customary conflict resolution mechanisms played great role in land dispute resolution. The strengths of shimglina in which, people prefer it over the formal legal system were, in terms of time, resource, accessibility, and restoring the broken peaceful interaction. The study found that land use and land related disputes are increased. Also, the study revealed that shimglina faced many challenges that hinder its effectiveness in the resolution of land use disputes. Unless the underlying challenges of shimglina are not solved, the effectiveness of the mechanism in the resolution of land dispute is difficult. The absence of clear legal and policy framework in the practices of shimglina in rural land use disputes, lack of attention to shimglina by the government, the absence of strong enforcement mechanism, the influence and intervention of the government and politicization of shimglina are the major challenges in the practices of shimglina in rural land disputes resolution. The government should give attention to shimglina in rural land disputes for peaceful co-existence and community solidarity. The study established that shimglina as an indigenous conflict resolution mechanism plays a significant role in rural land use dispute resolution. In dealing with cases arising from rural land use dispute, Shimaglies (elders) play vital roles which include arbitration, mediation, decision making, peace-making, peacebuilding, permit traditional oath and link the living with God. This study recommends that; the government should give attention to shimglina in rural land use disputes resolution for peaceful co-existence and community solidarity, make detailed legislation and policies. VL - 11 IS - 4 ER -
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