Some Aspects of Conflict and Conflict

Resolution Among Waliso

Oromo of Eastern Macha, With
Particular Emphasis on the Guma.

A THESIS SUBMITTED TO THE SCHOOL OF GRADUATE STUDIES,

ADDIS ABABA UNIVERSITY

IN PARTIAL FULFILLEMENT OF THE REQIREMENT FOR

THE DEGREE OF MASTER OF ARTS IN SOCIAL
ANTHROPOLOGY

By
Dejene Gemechu Chala

JUNE 2002
 ACKNOWLEDGMENTS

I would like to express my deepest gratitude and heartfelt thanks to my thesis advisor, Dr.

Gemetchu Megerssa, for his timely and scholarly help in reading and correcting this thesis.

His corrections and critical remarks from the preparation of the proposal to the completion of

the thesis were very useful and constructive.

It is my pleasure to acknowledge Dr. Taddesse Berisso and Dr. Hirut Terefe for their

constructive comments on the first draft of the research. I owe special thanks also to my

friends Solomon Gada and Alamirew Kasahun who edited the manuscript meticulously.

I am greatly indebted to all my informants, who are the masters of Oromo wisdom, without

whose contributions my work would not have been possible. I would also extend my sincere

thanks to my wife Tadelech Admasu and my brother Dinku Gurmessa for their consistent

encouragement. Last, but not least, my special appreciation is due to the school of graduate

Program of Addis Ababa University for its financial support to carry out the study.

i
 TABLE OF CONTENTS

Acknowledgements ...................................................................................................i

List of Tables ....................................................................................................... vii

List of Maps......................................................................................................... vii

List of plates ........................................................................................................ vii

Note to the Transliteration System Used ........................................................... ix

Glossary ..................................................................................................................x

Preface.................................................................................................................. xii

Abstract............................................................................................................... xiii

CHAPTER ONE: - INTRODUCTION......................................................................1

1.1 Description of the Study Area .....................................................................1

1.1.1 The People and the Area.....................................................................1

1.1.2 Selection of the Research Site ............................................................2

1.2 Statement of the Problem.............................................................................3

1.3 Objectives of the Study................................................................................4

1.3.1 General Objectives..............................................................................4

1.3.2 Specific Objectives .............................................................................5

1.4 Research Questions......................................................................................5

1.5 Significance of the Study.............................................................................6

1.6 Research Methods........................................................................................6

1.6.1 Informal Interview ..............................................................................7

1.6.2 Formal Interview.................................................................................7

1.6.3 Case Study ..........................................................................................7

ii
 1.6.4 Participant Observations .....................................................................8

1.6.5 Document Analysis.............................................................................8

1.6.6 Secondary Data ...................................................................................9

1.7 Limitations of the Study ..............................................................................9

CHAPTER TWO: - LITERATURE REVIEW ......................................................11

2.1 Conflict ......................................................................................................11

2.2 Sources of Conflict ....................................................................................12

2.3 Forms of dispute Processing ......................................................................15

2.4 Traditional Mechanisms of Enforcing Decisions ......................................19

2.5 Rituals in Peace Making ............................................................................21

CHAPTER THREE: - HISTORICAL, AND SOCIO- POLITICAL

AND ECONOMIC SETTING OF THE WALISO.....................................25

3.1 The Oromo an over View ..........................................................................25

3.2 The Macha .................................................................................................25

3.3 The Socio- Economic Context of the Waliso ............................................27

3.3.1 Basic Economic Activities................................................................27

3.3.2 Work Groups.....................................................................................28

3.4 Descents, Kinship and Clan Solidarity ......................................................29

3.5 Marriage.....................................................................................................31

3.6 Settlement Pattern ......................................................................................32

3.7 Voluntary Associations..............................................................................33

3.8 The Waliso Gada .......................................................................................34

3.8.1 Continuity and Change in Waliso Gada .....................................34

3.8.2 Law Making (Seera Tumuu) .......................................................36

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 3.9 The Status and Roles of Women..............................................................42

3.10 Oromo Religion .....................................................................................44

3.10.1 The Concept Waaqa........................................................................44

3.10.2 The Concept Ayyanaa.....................................................................45

3.10.3 The Qaalluu Institution...................................................................45

3.10.4 Qaalluu Institution among the Eastern Macha ...............................46

3.11 The Social Value of a Curse ....................................................................48

3.12 The Social Value of Drinking..................................................................49

3.13 The Causes of Conflict among the Waliso ..............................................50

3.14 Oromo View and Classification of Wrongs.............................................52

3.14.1 Oromo View of Wrong ...................................................................52

3.14.2 Oromo Classification of Wrongs ....................................................54

CHAPTER FOUR: - OROMO LEGAL SYSTEM AND THE IMPACT

OF CONQUEST ...........................................................................................55

4.1 Change and Continuity of the Oromo Justice System ...............................55

4.2 The Gada Court System ............................................................................57

4.3 The Enactment of Law in Ethiopia ............................................................61

4.4 State Judiciary Powers ...............................................................................63

CHAPTER FIVE: -INDIGENOUS MECHANISMS OF DISPUTE

SETTLEMENT..........................................................................................................69

5.1 Ilaaf-Ilaamee (negotiation) ..................................................................69

5.2 The System of Jaarsa Araaraa............................................................70

5.2.1 The Selection of the Elders of the Moot .....................................71

5.2.2 Dispute Processing......................................................................73

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 5.3 The Qaalluu Court ...............................................................................76

5.3.1 The Selection and the Role of Jaarsaa Yaboo ...........................76

5.3.2 Types and Contexts of the Cases of Qaalluu Court....................77

5.3.3 Methods of Handling Cases........................................................78

5.3.4 Enforcing Mechanisms ...............................................................81

CHAPTER SIX: -THE JURIAL RESPONSIBILITY OF HOMICIDE ..............85

6.1 The Term Guma.........................................................................................85

6.2 The Immediate Consequences of Killing...................................................87

6.2.1 The Slayer .........................................................................................87

6.2.2 The Lineage ......................................................................................88

6.3 The Scale of Compensation .......................................................................90

6.4 Contribution and Distribution of Blood Price............................................95

6.4.1 The Collection of Blood Price ..........................................................95

6.4.2 The Distribution of Blood Price........................................................97

6.5 Homicide Within and Out Side the Lineage..............................................98

CHAPTER SEVEN: -THE RITUAL CONSEQUENCE OF HOMICIDE........102

7.1 The Mystical Basis of Guma Ritual.........................................................102

7.2 Investigating Hidden Homicide ...............................................................108

7.2.1 Ritual Oath of Innocence ................................................................111

7.3 Rituals of Purification after Homicide.....................................................112

7.3.1 Pleading for Peace Through Guma.................................................112

7.3.2 The Lukoo System and the Ritual Oath of Promise........................118

7.3.3 Harka Dhiqaa Ritual ......................................................................121

7.3.4 Hoolaa Gonfoo ...............................................................................222

v
 7.3.5 Ritual of Reintegration....................................................................123

7.3.6 The Final Legal Decision and Its Enforcement ..............................126

7.4 Agadaayi: Especial Form of Guma Ritual...............................................128

CHAPTER EIGHT: -SUMMARY AND CONCLUSION ................................130

Bibliography .......................................................................................................138

Appendix............................................................................................................ 144

vi
LIST OF TABLES, MAPS AND PLATES

Page

A. LIST OF TABLES

Table-1 Types of Criminal Cases that were Reported to Woreda Police .......50

Table-2 Criminal Cases Reported to Dandi Woreda Police

Compared to Cases Taken to Woreda Court by the Police................63

Table-3 Withdrawn Criminal Cases Compared to Cases that.

were Decided by the Court ................................................................64

Table-4 Withdrawn Civil Cases Compared to Cases that were Settled by the

Government Court over the Last Five Years ......................................65

Table-5 Marital Conflicts Reported to the Woreda Court over the Last

Five Years ............................................................................................65

Table-6 Scales of Compensation and Fine according to Waliso Gada Law...92

B. LIST OF MAPS

Map-1 Oromia in Its Regional and National Setting .....................................xiv

Map-2 West Shoa Zone in Its Zonal and Woreda Setting ..............................xv

Map-3 Approximate Areas Inhibited by the Waliso Sub-Moiety..................xvi

Map-4 Dandi Woreda .................................................................................. xvii

C. LIST OF PLATES

Picture-1: -Hindhee Yaa'ii, the Waliso Gada Center ...................................144

Picture -2: - Gulas on the Occasion of Power Transfer from One Gada

Set to the Other .........................................................................144

Picture -3: - Gulas Making Law...................................................................145

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Picture -4: - Gulas Praying to Waaqa.......................................................... 145

Picture -5: -A kalaalee with Her Caaccuu on Her Right Wrist and Her

Siiqqee Propped against Her Left Shoulder, Sitting with the

Officials of Gada Set in Power, on the Occasion

of Gada Ritual ............................................................................146

Picture -6: Reconciled Disputants Kissing Each Other to Symbolize

the Reconciliation -......................................................................146

Picture -7: - Jaarsummaa Proceeding Held Under a Tree in Open Field ....147

Picture -8: - The Judges of Qaalluu Court (Jaarsa Yaboo)..........................147

viii
NOTE TO THE TRANSLITERATION SYSTEM USED

1.Short sounds are represented with single vowel.

Example, lafa

On the other hand, long sounds are represented with double vowels.

Example, laafaa

2.Gemination is represented with double consonants.

Example, /bb/ in bobba

3. Alveolar implosive sound is represented with 'dh’

Example, dhadhaa

4. Velar, voiceless, ejective sound is represented with 'q'.

Example, qara

5. Alveolar, voiceless and ejective sound is represented with 'x'

Example, xalayaa

6. Palatal, voiceless and ejective sound is represented with 'c''.

Example, ceekuu

7. Bilabial, voiceless and ejective sound is represented with 'ph'.

Example, buphaa, cuphaa

8.Glotal voiceless stop sound is represented with " ' "

Example, re'ee

9. The rest of the sounds in other language are represented with the English alphabets.

ix
 GLOSSARY

aantee minimal lineage

abaarsa curse

agadaayi a ritual of purification performed in response of homicide

committed by one's forefathers

angafa senior

araqee home made liquor

aseennaa marriage type arranged by only would-be wife

ayyaana spirit

balbala lineage

bokkuu scepter made up of olive tree

caaccuu ritual object used only by women as a symbol of female fertility

cifiree a woman whose son enters a guula Gada grade

dhaddacha court

dhuga truth

dubra duudaa virgin girl

Gada democratic political organization of the Oromo

gosa sub moiety

guma blood price/ revenge/feud/ ritual of purification after homicide

gula Gada grade in which male person assume political power

harka dhiqaa washing hand, a ritual of purification

iddir self-help voluntary association

ilaaf-ilaame negotiation

x
jaarsa araaraa mediator/ reconciliation through mediation

jaarsa yaboo judges or mediators at qaalluu court

kakaa an oath

kalaalee a woman whose husband is a gula

lafa the earth

lammii clan

lukoo one's proxy or representative drawn from one's lineage members

maatii family or extended family

nagaa peace

qaalluu a person on which spirit (ayyaana) descends

qalaaxee summons

qixisuu junior

safuu a moral category showing respect and distance

seera tumuu making law

shanachaa lineage leaders

siiqqee ritual stick used by women

ooda a group of objects or/and individuals that the Oromo organize to

plead for mercy.

waabeekaa the knowledgeable

waliin ooduu to avoid each other

woreda district

yaa'ii firaa family council

yaa'ii haraa general assembly

Waaqa the creator

xi
 PREFACE

Most scholars agree that conflicts are part of social life. Caplan (1995:1, 9) clearly states that

quarrels, disagreements and conflicts are not only parts of the ethnographic data of any

society, but also crucial keys to understanding them. Conflict and its resolution involve those

interests of anthropology such as norms, rules, morals, authority, meanings and

interpretations. Within this framework, this thesis considers conflict and conflict resolutions

that are so central to anthropology. It contributes in bridging the gap between abstract theory

and practical works pertaining to this particular area.

To this effect, the thesis is organized into eight chapters. The first chapter describes the

population and the study area, the problem as well as the objective of the study. It also

presents the research questions, significance of the study, methods of building a body of data

and the limitations. The second chapter addresses, relevant anthropological literature that

frames the theoretical orientation. The third chapter presents the general setting of the

Waliso. The Oromo traditional justice system and the change it has undergone due to both

internal and external factors are presented in the fourth chapter.

Chapter five deals with major local mechanisms of dispute settlement other than guma. Guma

is a widely practiced traditional way of resolving conflicts of different kinds, ranging from

serious bodily injuries to homicide. Although guma is the concern of this thesis, I also intend

to touch upon related areas of local mechanisms to give the reader a brief insight into modes

of handling disputes among the Waliso. The jural implications of homicide are discussed in

chapter six. The seventh chapter is devoted to the ritual consequences of homicide as a way

of purification and expiation. The last chapter summarizes and concludes the thesis.

xii
 ABSTRACT

The issue of conflict and conflict resolution are seldom handled in literature on Oromo. The

present study aims at addressing this missing gap. It therefore, documents some aspects of

conflict and conflict resolutions among the Waliso Oromo. The thesis explores some local

institutions and practices of dealing with conflict with especial emphasis on the case of

homicide.

The Oromo in general and the Waliso in particular were incorporated into the present

Ethiopia by the last quarter of the nineteenth century. Since the time of incorporation,

especially since the 1930's enactment of criminal law of the Empire of Ethiopia, the Waliso

have dealt with dispute cases through two different administrations of justice. These are: the

government court and the traditional Oromo system of justice. The latter has undergone

considerable changes due to internal dynamics and external influences. However, basic

Oromo administration of justice is still persisting. Consequently, the majority of dispute cases

among the Waliso Oromo are handled at local level by local institutions, according to the

locally set laws. The data from this study clearly shows that there are various factors that

produce this effect. As opposed to government court, Oromo institutions are highly value

oriented and embedded in the belief system. They are also capable of considering both the

social ties of the disputants and the context of the proceedings. In the mean time, the Waliso

make a tactical move from local mechanisms to government court and vice- versa. An appeal

to government court is mainly used to enforce their own value and justice system.

Paradoxically, the threat of government intervention facilitates resolution through local

institutions.

xiii
MAP- 1

xiv
MAP-2

xv
MAP-3

xvi
MAP-4

xvii
 CHAPTER ONE

INTRODUCTION

1.1 Description of the Study Area

1.1.1 The People and the Area

The Waliso are the sub-moiety of the Macha faction of the Tuluma-Macha division of the

Oromo. They are one of the three Liban (Liban Sadeen). According to Macha elders, Liban

had three sons: Ammayya the senior son (angafa), Waliso the second and Kuta'i the junior

son (qixisuu). Generally speaking, the Waliso-Liban Oromo inhabit the extreme east and

south east of the area of the ‘eastern Macha’ (Knutsson, 1967: 34), bounded by the Gurage in

the south, Tulama Oromo in the east, the Kuta’ii in the north and the Ammayya in the west.

They dominate the mountainous and inaccessible areas of south east and south of Ambo town

around Dandi Crater Lake, Wonchi Crater Lake and Waliso town.

Government administrative system has divided the Waliso into different administrative

structures. During the reign of HaileSilassie through the Derg period, the Waliso were

divided into the then Jibat / Macha and Chabo / Gurage provinces. Currently, the Waliso are

divided into at least four of the twenty-three woredas of the West Shoa Zone of the Oromia

Regional State. These are Dandi, Wonchi, Waliso and Dawo woredas. The concern of this

thesis is specifically theWalisoo of Dandi woreda (see Map-1, 2 and3).

The woreda is situated west of Addis Ababa. Ginchi, the administrative center of the woreda,

is located at about 90 001 North latitude and 380 101 East longitude (EMA, 1988) or 90

kilometers west of Addis Ababa. Topographically, the woreda is characterized by up lands

1
divided by shallow valleys. In terms of altitude, it extends between 1500 and 3,270 meters

above sea level. Climatically, it is classified into high land (baddaa 10%), semi-high land

(badda-daree 60 %) and low land (gammoojjii 30%) zones (BPED, 2000:336). According to

CSA (1996), the population of the woreda was 181,288, out of which only about 16, 581

people were urban dwellers. Data on ethnic classification shows that there were about

166,727 Oromo, 12,505 Amhara, 1,577 Gurage, 225 Tigraway and 254 others.

1.1.2 Selection of the Research Site

After having surveyed the area and consulted available data, I selected two localities for my

study. These localities are Dandi and Bodda, which are located at about 30 and 20 kilometers

south of Ginchi respectively (see Map-4). The selection of these sites is attributed to the

following reasons: Dandi locality, after which the woreda is named, is situated on the high

plateau of western Shoa also known as Dandi Mountain. On the top of this mountain is Dandi

Crater Lake. This locality is where the center of Gada Waliso known as Hindhee Yaa’ii is

located (see picture-1). The Dandii people are said to be the most conservative of the Waliso

group among whom Gada is practiced most. Hence, the fact that most of the Oromo laws

including the administration of justice are embedded in the Gada system and Dandi’s being

center of the Waliso Gada provide justification for the impetus to select Dandi as my study

site. The site has, therefore, provided me with knowledgeable personalities to obtain rich

information.

The second site, Bodda, was selected for its proximity to non-Waliso clans of the Macha

group. Bodda is adjacent to the Abeebe clan among whom Gada was already abolished and

never have been directly practiced for the last sixty years, but where prominent chief

qaalluus are found. This site has, therefore, provided me with ample opportunities to

2
observe the influence of the non- Waliso on the Waliso and vice versa. Especially, it enabled

me to secure information on qaalluu institution. In the mean time, I found it very useful to

see the center- periphery relations within the Waliso.

1.2 Statement of the Problem

Traditional African societies apply indigenous laws in their administration of justice.

Accordingly, among the Oromo in general and the Waliso in particular, there were and still

are indigenous institutions and practices of dispute settlement. For some minor disputes, local

elders at the level of neighborhood can act as mediators to reconcile the parties in dispute.

Other cases, which local elders fail to settle and which, from their very nature, call for the

involvement of supernatural beings, go to the religious institution (Knutsson, 1967:110).

Still, some other offences, especially heinous acts such as homicide are dealt with by guma.

Lewis (1984b: 92) and Knutsson (1967) reported that the majority of the disputes among

eastern Macha Oromo were settled through traditional procedures. The authors are quite right

in this regard. But they did not discuss the guma, which every homicide unconditionally

involves. They did not also look into the rationale behind the persistent use of indigenous

mechanisms of dispute settlement, despite the area’s inclusion into the Ethiopian Empire a

century ago. They did not tell us the extent to which the indigenous Oromo law and the

bureaucratic law of the empire contradict or compliment each other. In addition, indigenous

mechanisms of conflict resolution in general and guma practice in particular among the

Oromo are relatively less studied. Even in such studies as Abera’s (1998), which has touched

upon guma, both its detail and real picture are missing. Thus, this study is an attempt to

bridge these missing gaps.

3
Societies are in constant change in response to internal dynamics and external influences.

Lewis (1984b) was asking about twenty years ago, as to whether or not these traditional

institutions of conflict resolution would continue. Today we can with confidence say that

these traditional procedures are still functioning, but with inevitable changes. So, this study

examines both continuity and change of these traditional institutions with especial emphasis

on the practice of guma.

Lastly, it is argued by different scholars such as Collier (1975:138) that women are

marginalized in decision-making including those pertaining to conflict resolution. Contrary to

this, according to Abera (1998), there are evidence that in the old days, women played a vital

role in opening negotiations to settle feuds that resulted from homicide among the Oromo.

Therefore, in light of the existing contradictory views, this research looks at the role and

place of women in guma practice as both activators and beneficiaries.

1.3 Objectives of the Study

The study has the following general and specific objectives

1.3.1 General Objectives

• To assess the social, economic, moral and/or religious and ritual roles of the guma

practice in line with the Oromo economic and socio-political organization.

• To examine the extent to which traditional law and bureaucratic law complement

or contradict each other in settling disputes.

4
1.3.2 Specific Objectives

• To explore what differentiates guma from other ways of conflict resolution.

• To investigate and interpret the symbolic and spiritual significance that the guma

rituals involve.

• To see the relationship between guma and the state law (bureaucratic law)

• To find out the role of guma in reconciling the disputing individuals, families and kin

groups and in bringing long lasting solutions to conflicts.

• To identify and reveal what is expected of the kin groups whom the homicide

concerns on both the slayer and the slain sides in line with the Oromo kinship system.

• To find out whether the ritual process and the amount of blood price vary across sex,

age, social status, and type of offense and blood ties of the victim and the offender.

• To examine the role and place of women in the guma practice

1.4 Research Questions

The following questions are addressed in this research:

• How are the majority of disputes among the Waliso handled?

• What are the major indigenous mechanisms of resolving conflict among the Waliso?

• Which mechanisms are preferable for what kind of dispute and why?

• What changes have indigenous mechanisms undergone over time?

• What are the attitudes of the people towards indigenous mechanisms or/ and state

law?

• What factors contribute to the continuity of indigenous institutions and practices of

handling disputes in the face of external influences and internal changes?

• Who are the local agents of dispute settlement and what are the enforcing

5
 mechanisms at their disposal?

• What are the relations between state court and indigenous mechanisms?

• Do women have roles in indigenous mechanisms of resolving conflicts?

1.5 Significance of the Study

The study of indigenous conflict resolution in general and guma practice in particular among

the Waliso could be important from the following perspectives:

• The study will be an additional contribution to the few works that have already been

done on conflict resolution in the region. It serves as a useful input for those

individuals interested to carry out in-depth studies on similar topics.

• It provides information to the legislators to consider indigenous knowledge and

values in law making, for better planning and implementation of the policy at local

level.

• It may contribute to the understanding of the characteristics of these indigenous

institutions of conflict resolution and differences between such institutions in different

social contexts.

1.6 Research Methods

Relevant information for this study has been collected during a three-month fieldwork from

both primary and secondary sources with the following set of methods:

1.6.1 Informal Interview: Informal discussion was used as a preliminary data collecting

method to obtain information. This is done in order to focus on factors that induced the

disputants to look for indigenous mechanisms for redress. It also examines, their attitude

6
towards bureaucratic law. The interview involved different category of people, i.e. people

with formal education and informal education, old and young, male and female. Through this

method, I was able to identify key informants and secure opportunities to locate important

cases for the case study I eventually employed.

1.6.2 Formal Interview: Dispute processing is not a day- to-day activity of the people.

Hence, it is often possible to collect valuable information from a few members of the

community. These are the custodians and knowledgeable about the subject. In this study,

therefore, semi- structured questionnaires were used to conduct in-depth personal interviews

with about ten key informants. These questionnaires were set with the intention of guiding

the informants, rather than restricting them to answering what were just asked. Thus, through

this method valuable information beyond the scope of the questionnaires was collected. The

key informants were Gada and traditional religious leaders, mediators, knowledgeable elders

and young educated people. These interviews were tape-recorded. Written notes were also

used. This method, therefore, enabled me to explore the change and continuity, symbolic

meanings, religious implications and other central ideas of the Oromo traditional institutions

and practices of conflict resolution.

1.6.3 Case Study: The project also recorded a number of different actual dispute cases that

vary both in kind and in time. These case materials were mainly used to look into the extent

to which guma is effective in reconciling the disputant parties across their structural

relationship and time span. It also enabled to assess and interpret the ritual and jurial

implications of homicide. Hence it was useful in identifying the most exploratory variables

that have relations with guma. In addition, through the case study an attempt was made to

explore the preference of a given mechanism based on the context and the nature of the

7
dispute. In all the case materials, personal names are not disclosed; rather pseudonyms are

used for an ethical reason.

1.6.4 Participant Observations: Participant observation is one of the most appropriate

methods to gather valuable information in anthropological studies. The project has employed

this method. Visits have been made to traditional religious court, neighborhood gatherings

and guma proceedings have been attended. Different forms of dispute and the ritual practices

related to their resolutions have been documented. Photographs of related events and matters

supplement the observations. Some of the proceedings were also tape recorded, in addition to

written notes. The method helped the capture of significant data on dispute processing

through indigenous mechanism. However, throughout my stay in the field, I was a passive

participant in such dispute settlement meetings. I did not have a role to play in any way,

although my presence may have made some difference.

1.6.5 Document Analysis: Documents that are relevant to dispute and its resolutions were

consulted and analyzed. These documents were drawn from woreda court, woreda police,

zonal court and local institutions such as peasant associations and Gada council. Data from

the government institutions was useful to assess the extent to which people look for

indigenous mechanisms vis- à-vis bureaucratic law for redress. It also helped to investigate

the basic differences and similarities between indigenous mechanisms and state court

proceedings. Further more, it was equally important for identifying the nature of dispute

cases and their motives.

A document from local institution, especially Gada council was consulted. Currently, the

Gada council has written documents related to law. These written documents include Gada

8
laws and minutes of the council. The Documents enabled to come up with data revealing the

scale of compensation across the nature of offense and the degree of injuries sustained.

1.6.6 Secondary Data: Related literature on Oromo in general and eastern Macha in

particular was reviewed to set the context of the study. These secondary sources helped to

secure information on historical background of the people and the study area, change and

continuity of the socio- political institutions such as Gada court, neighborhood moot and

lineage solidarity that have practical significance in Oromo justice system.

1.7 Limitations of the Study

I am an Oromo and a native speaker of Oromo language. Thus I had no language constraints

and culture barriers. Nevertheless, it does not mean that I accomplished my research without

encountering any problem. Hence, I do not claim my study to be comprehensive.

Time constraint was the major problem. I only had three- month fieldwork, which is too short

a time for an anthropological study of this nature. It does not enable the researcher to observe

the whole events and processes pertaining to the proceedings. In addition, transportation

within and between the sites of the study, which are inaccessible, was the most serious

challenge. I was initially eager to cover various settlements inhabited by the Waliso and non-

Waliso for my study. However, the inaccessibility of the area, coupled with the limitation of

time made the study to be limited only to two sites. Had it covered more sites the data would

have been richer and the analysis deeper.

9
On top of that, the study focused on disputes among persons with especial attention to

homicide. But among the Waliso, there are various categories of dispute. For instance, there

is a dispute between a person and wild animals that requires resolution as well as redemption

(compensation), however strange this may sound. Such a unique area of anthropological

studies has been untouched due to both time and space limitations. Hence, these constraints

challenge the claim that the thesis is exhaustive and comprehensive. My effort, however,

establishes a sufficient ground for further research.

10
 CHAPTER TWO

LITERATURE REVIEW

A review of relevant anthropological literature on conflict and conflict resolution is the

concern of this chapter. Different theoretical approaches to conflict and its sources, various

mechanisms of resolution and the role of rituals in peace making processes are also reviewed.

2.1 Conflict

Conflict has been studied over centuries by many great minds. But a more systematic study

has been possible only since the twentieth century (Schellenberg 1996). With the emergence

of political anthropology as a special branch of social anthropology, marked by the

publication of "African Political Systems" (1940), edited by Fortes and Evans-Pritchard, that

the study of conflict resolution became prominent. However, theoretical controversies over

the subject of conflict and its resolution have survived a long history of the study. From the

very outset, scholars do not agree upon whether conflict is a disjunctive process or sociation.

Some scholars have contended that conflict has a divisive effect. For instance, Durkheim

(cited in Sipova, 1989) considered conflict as an abnormal phenomenon. He used the term

anomie or pathology to describe it. Similarly, Wilson and Kolb (1949, cited in Colser, 1964)

believed that conflict has a disjunctive effect.

Many other scholars have repudiated this view. Park and Burgess (1921) and Simmel (1955),

cited in Colser (1964) argue that every interaction among men is a sociation, so is conflict.

Conflict is a means to solve and avert complete fission, thereby preserve some kind of unity.

Similarly, Bohannan (1967: XI - XIV) characterizes conflict to be as basic as culture is in

11
society, which possibly controlled and utilized profitably for better cultural development and

maintenance of social order. Schellenberg (1996: 9) states that conflict is neither bad nor

good, but one of the essentials in human social life. Gluckman (1956), Gulliver (1963) and

Nanda (1994) agree with the view that conflict is a part of social life and society is

impossible without it. Further, Marxian view conflict not only as built into the social system

but also as the primary stimulus for social change (Seymour-Smith, 1986: 51).

2.2 Sources of Conflict

Throughout the history of the study of conflict, whether the aggressive behavior is an inborn

human quality or a reaction to social, political and economic factors is where lay the

controversy among the scholars (Nader, 1968, Collier, 1975, Tadesse, 1988, 1994).

Some scholars have agreed that the causes of conflict are deep rooted in our biology.

Schellernberg (1996: 13) describes such an approach as individual characteristic theory that

focuses on the individual and his acts, rather than the context of the act. This view of conflict

has its root in the work of Freud, who believed that violence is rooted in our basic nature as

animals. Human conflict is inevitable not because it is part of social life, but for it is a

biological fact lying within us all.

Later writers have used Freud's assertion, too. Nineteenth century social Darwinists stressed

the role of competition and conflict in all human societies. Taking the idea of the “survival of

the fittest” as a basis, they analyzed conflict as part of a universal struggle urged by inborn

aggressive tendencies. The new theoretical perspective under the name of ethnology also

supports Fereud’s view. This approach, according to Schellenberg (1996: 43) emphasizes the

genetic instance of social behaviors. Ardrey (1961, 1966) and Lorenz (1963, 1966) cited

12
in Tadesse (1988) and McCauley (1990), who argue and popularize that human violent

behavior is inherited, were representatives of this approach. For them, according to (Nader,

1968), man inherits the biology of aggression that is natural and universal to vertebrates

The idea that aggression and conflict is an inborn human quality has faded and received

heavy criticisms from other writers. Gibson (1990), Roberchek (1990) and Gregor (1990)

presented ethnographies of what they called peaceful societies, the Buid, the Semai and the

Xingu respectively. Montagu (1968, 1978), Plibeam (1972), cited in Tadessse (1988)

reported several hunter-gatherers societies of Africa, which are said to be relatively peaceful.

Tadesse (1988) further illustrated that a given society or individual persons could be peaceful

and/or violent across time and circumstances. Anthropologists have effectively used these

ethnographic works to refute the biologically based explanation of the sources of conflict and

show its inadequacy.

Even those who have challenged the innate nature of human aggression have taken different

paths to treat the sources of conflict. Whether or not material ends are the final causes is

another point of debate. According to Roberchek (1990), ecological functionalists (for

instance, Harris, 1972, Gross, 1975, Ross, 1978, Ferguson, 1984) assert that material causes

are the final arbiter of human behavior. Opposing this view, Gibson (1990) argues that the

materialistic and deterministic final cause argument is inadequate to explain the causal

dynamics of particular conflicts. It is unable to link material cause with cultural elements, and

it leaves no room for consideration of human decision-making. Roberchek (1990: 63) says

that the understanding of dispute "requires putting the brute material facts into cultural and

social contexts attempting first of all to comprehend how the situation was conceptualized

and defined by the people involved"

13
Other scholars have attempted to explain why the local groups of some cultures are internally

more peaceful than the others in relation to social structure with a special emphasis on

residential pattern, descent system and marriage rules. Velzen and Wetering (1960, cited in

Otterbein, 1994) first developed the fraternal interest group theory. Fraternal interest group is

power group that constitutes related males residing close together. They contend that such a

group responds aggressively whenever the interest of one of their members is threatened. The

authors concluded that in societies with power groups, conflicts are more often, and peaceful

conflict resolution is less probable for the disputants have group ready to support them

through thick and thin.

Confrontation theorists, who argue that the entire structure rather than mere residence are

responsible for conflict, opposed this assumption. For instance, Dillon (1980, cited in

Otterbein, 1994) has come up with different research result. Despite the presence of fraternal

interest groups, the Meta of western Cameroon stigmatized the act of retaliation.

The structural functional theory is one of the major theoretical approaches to the study of

conflict. Nader (1968) shows that this theory emphasizes both the structural sources and the

structural functions of conflict. Lewellen (1983: 6-8) states that the structural functionalists

view society as an equilibrium system whose component parts play a role in the maintenance

of the whole. Hence, as part of social life, conflicts too work towards the maintenance of the

on going social structure. The works of Evans-Pritchard (1940) 'The Nuer' and Gluckman's

'Custom and Conflict in Africa' (1956) are typical examples of such an approach, which

dominated the period between 1940s and 1950s in legal anthropology (Lewellen, 1983,)

The 1960, according to Lewellen (1983: 8), marked a shift to a more process-oriented, more

dynamic form of analysis. This was signaled in 1954 by the work of Leach entitled" Political

14
Systems of Highland Burma," in which he asks what accounts for conflicts in a society rather

than what holds society together as functionalists did. Similarly, Gulliver's works on conflict

and its resolution have been ground breaking for the shift from system- oriented approach

toward actor-oriented approaches which take into consideration the new roles and choices in

the face of the changing world (Caplan, 1995: 23).

2.3 Forms of Dispute Processing

A parallel point of discussion in legal anthropology regarding forms of dispute processing

has also emerged. Scholars have agreed that in every society, there are mechanisms of

dispute settlement. Bohannan (1967:XII) substantiates this view saying, "... society is

impossible without conflict. But society is worse than impossible without control of conflict."

In his article "Nomadic movement: Causes and Implication", Gulliver (1975: 379) contends

that the fact of the necessity of conflict resolution is more obvious among the sedentrists

compared to the pastoralists. Unlike the pastoralists whose economic life permits movement

away from their rivals, the sedentary populations who could not easily avoid their enemies

must have a better institution through which they control the escalation of conflicts.

People utilize a wide variety of modes to prosecute their quarrels. These modes are prevalent

in anthropological literature on conflict. Such scholars as Bohannan (1967), Gulliver (1979)

and Schellenberg (1996) categorize conflict resolution mechanisms into two: the violent and

the peaceful. The violent includes war, self-help and duel, whereas the peaceful includes

avoidance, burying the dispute in the symbolic process, negotiation, mediation, arbitration

and adjudication.

15
Each mode has its own characteristics. According to Guliver (1979: 1-3), duel is a violent

mechanism in which contestants resort to either physical or verbal confrontation to prove the

superiority of their case regardless of the facts underlying the dispute. Violent self-help is

also a violent way of managing conflict, usually employed by groups with no or little social

and economic ties. It often appears as short-term solution. Among societies whose residential

mobility is relatively easy, as Gulliver puts it, avoidance is used to prevent further escalation

of conflict. Similarly, dispute is buried in symbolic and supernatural terms in the absence of

any effective ways or fear of the potential outcomes. He termed the second as "burying the

dispute in the dispute". In both cases disputes are deflected, not resolved.

According to both Gulliver (1979) and Schellenberg (1996) negotiations are characterized by

voluntary discussion between the disputing parties and the absence of a third party-decision-

maker. The only outcome is a joint decision. Singer (1990, citied in Asefa, 2001: 9) divides

negotiation into two forms: competitive and collaborative negotiations. In competitive

negotiation, either of the parties in dispute is benefited at the expense of the other. This

occurs where there are no valuable relations among the disputants to preserve. On the other

hand, collaborative, often called "problem solving" or win-win negotiation, aims at joint gain

of the parties through fair distribution of the pain of loosing, an act that favors good future

relationships of the parties.

Mediation, as Schellenberg (1996: 182) describes, is "an assisted negotiation". The

intervention of a third party is necessitated for the parties in dispute have certain problems to

resolve a conflict on their own. However, the role of a third party in this process is not one of

decision-maker but a facilitator of the negotiation. As opposed to mediation, a third party

decision-maker to which the parties take their case characterizes arbitration. Arbitration may

16
or may not act according to the pre-established law. Adjudication refers to a process in

which a third party is an authoritative decision-maker and the disputants are mere informants

to the adjudicator in an attempt to secure a relatively favorable decision.

Some studies search for correlation between these modes of conflict resolution and the nature

of the relationships of the parties in dispute, the social contexts and the nature of issue in

dispute. Such an attempt is clear in the work of Aubert (quoted in Gulliver, 1979: 8) who

tries to relate the form of dispute settlement with the type of dispute. According to Aubert,

for dispute over scarce resources, negotiation better fits, whereas for conflict of value, the

intervention of law is required, as it is hard, if not impossible, for the disputants to negotiate.

Similarly, Gluckman (1967) in his monograph on Lozi law shows that despite the effort of

judges to preserve the ties between disputants, dispute within multiplex relationships does not

fit into adjudication, which gives only little or no outlet to work through the multiplexity.

However, Gulliver (1979: 18) argues that neither negotiation necessarily correlates to norm

making nor adjudication necessarily concentrates on narrow issue in dispute. There are

shortsighted negotiators who do not worry of the future relations, whereas there are

empathetic adjudicators that make decisions appealing to norms and values of the disputants.

Gulliver, of course, admits that there are certain factors that encourage disputants to choose

either negotiation or adjudication, if both options are available. Lower costs, relative ease,

secrecy, desire for face-saving outcomes, hatred towards alien courts push people towards

local negotiation. In the meantime, disputants appreciate the different alternatives and the

opportunities that each offers in different contexts. They often make tactical move from one

mode to the other to strengthen their own position, or to persuade or enforce the opponent to

17
submit to one's own interest. This fact shows that no mode is very exclusive, rather there is a

possibility of employing two or more ways of dealing with dispute simultaneously. Similarly,

Hamer (1972:242), in his monograph on the Sidama, shows that disputants manipulate the

existing alternatives to achieve the most favorable outcome.

On the other hand, as Collier (1975: 132) states, some studies search for similarities of

dispute handling mechanisms among different societies. This leads us to the Bohannan -

Gluckman debate in legal anthropology. Gluckman in his work on Lozi law attempts to

understand the outcomes from the rule of the case. Similarly, he looks for the cases to

understand the principles of Lozi law. Based on this, he concluded that African legal ideas

have similarities with other systems. Variation in political economy is where lies the

difference. For comparison, he translated legal ideas into English equivalent (Moore 1995:

23).

Bohannan (1969, cited in Moore, 1995: 23-24), of course, challenged the evolutionary

typology employed by Gluckman, appealing to cultural particularity. He argues that using

indigenous categories and indigenous terms in ethnographic works and analysis does justice

to the culture. Gulliver (1969, cited in Moore: 1995) entered the debate but changed the point

of argument. He opposed Bohannan's extreme cultural relativism by qualifying negotiation

into legal anthropology canon, and he argues that negotiation is cross culturally universal. He

repudiated Gluckman's idea by stressing that in negotiation what matters is not the rule, but

the relative power of the protagonists to mobilize social support. Gulliver recognized that the

social context of confrontation has also much to do with the outcome of the negotiation.

18
Moore (1995: 25) states that Gulliver's challenge to the normative gave birth to the "rule

versus power" debate in legal anthropology. For Gulliver, negotiation is a process that does

not necessarily restore the status quo ante. But for Gluckman the normative equilibrium is

restored. That is why Moore (1995: 27) acknowledges that Gulliver "contributed toward a

theoretical move away from structural functional models toward processual analysis.''

In addition, another argument developed. This pertains to why most disputes are settled

peacefully in the absence of authoritative chiefs. Though scholars have agreed that the

resolution and control of conflict need not necessarily be identified with formal institutions

that operate according to codified law, they have remained divided as to what pushed the

opposing parties to reconcile in the absence of any formal institution set for this purpose.

Evans-Pritchard (1940) in 'The Nuer' pointed out that what pressurized the disputants to

submit to peaceful resolution of conflict is the equality of forces at their disposal. As opposed

to this view, Gluckman (1956), Gulliver (1963, 1971) and Howell (1970) emphasized the role

of crosscutting ties in urging the disputing parties to peacefully deal with their cases. The

essence of their argument is that the closer the structural relationship of the parties involved

in conflict, the more likely it is peacefully resolved and vice-versa.

2.4 Traditional Mechanisms of Enforcing Decisions

In relation to conflict resolution, the agents of traditional modes of dealing with disputes, the

sanction to be imposed and decision-enforcing mechanisms are important points that have

been emphasized by scholars.

In traditional societies varieties of institutions and personnel may function as

19
agents of conflict resolution. However, Evans-Pritchard (1940), Gluckman (1956), Ember

and Ember (1977) argue that these agents lack coercive force to support their decisions. In

addition, according to Hamer (1980:107), there is little evidence from the literature that

settling dispute within traditional institutions is in any way encouraged by the governments.

Nevertheless, traditional agents of conflict resolution impose sanctions. In line with this,

Redfield (1967: 22) who divided sanctions into the secular and the sacred or supernatural

argues that the latter is more effective and often used than the former among the pre-literate

societies.

However, Pospisil (1967:37-38) asks whether, really, the form of sanction or the effect of a

sanction is more important. Appealing to functional approach, Pospisil suggests that what

actually qualifies sanction is its effective social maintenance. He further discusses that

though psychological sanctions such as ostracism, ridicule, avoidance or denials of favors

are, sometimes very subtle and informal, they are effective sanctions. Pospisil substantiates

his stand by referring to the Kapuak among which reprimand is the favorite and effective

sanction.

Various ethnographic works suggest that both the sacred and the secular sanctions are

effectively employed in different traditional societies. Dillon (1980, cited in Otterbein, 1994)

shows that the Meta of Western Cameroon execute their fellow villagers, kinsmen and

friends for their wrong doings. Boehm (1985, cited in Otterbein, 1994) also reveals that a

troublesome member of a community is denied clan protection, and is thus isolated and even

executed among the Montenegrins.

20
Shack (1966, 1969) in his writings on the Yagoka "the high court of the Gurage of

southwestern Ethiopia discusses that agents of traditional conflict resolution use social

sanctions of ridicule, opprobrium, ostracizing and supernatural sanctions as enforcing

mechanisms.

Bassi (1992: 50-54, 1994: 15-17), who studied "Institutional Forgiveness in Borana

Assemblies" shows that the assemblies have the authority to fine the offender. Meanwhile,

the decision of the assemblies is enforced by excluding someone from 'naga Borana' (peace

of the Borana), an action tantamount to exclude the person from the community cooperation,

which is intolerable among the Borana. Hamer (1972:237) presents similar culture of the

Sidama of southwest Ethiopia. Among the Sidama, Elders enforce their decisions by

ostracizing a person who refuses to accept a verdict. The ostracization goes to the extent of

total exclusion of the person from all social and ritual contact. Cursing is also the severest

sanction to which they finally resort. Likewise, Evans-Pritchard (1940) documented that

among the Nuer of the Sudan, the leopard skin chief plays a mediating role between the

disputants by using his power to curse as an enforcing mechanism.

2.5 Rituals in Peace-Making

Many scholars have accepted that dispute processing involves rituals but whether or not these

rituals really restore harmony has been a point of controversy. The pioneering studies of

Durkheim show that rituals have the power of reinforcing collective sentiment and forming

group cohesion. This view of Durkheim was adopted by later structural-functionalists who

have emphasized the role of rituals in aiding the survival of the larger system (Seymour-

Smith, 1986). Gluckman (cited in Lewellen 1983: 9) states that rituals are not simple means

of expressing feelings but also symbols that assert the priority of the system over the

21
individual. By the same token in words that are more powerful, Hoebel (1966: 478) describes

that rituals are acts, which are believed to maintain the status quo or to achieve the specified

ends.

Tuner (1969 cited in Colson 1995), provides powerful imputes to the anthropological

emphasis upon the importance of harmony. His work shows what role rituals play in

achieving and enhancing oneness, in his term 'communitas'. For Turner, Colson puts it, law is

an antithesis of communitas, whereas dispute settlement is a way of restoring the oneness.

The very aim of law is the creation of communitas in favor of amity rather than equity.

Rituals for Turner (1957) are social drama that resolves crises by dramatizing the advantages

of values and social arrangements. It is performed in response to the breach of law during

times of social conflicts to restore the social order. Through rituals, social values are given

sacred authority. According to him, the drama of dispute settlement passes through four

phases: (1) the breach of peace, (2) the crises that result from the breach, (3) the practice of

resolving the crises and (4) the re-establishment of the unity of the groups.

In her writing on "Gondaro: A ritual of conflict Resolution in Wolayta", Tsehay (1992: 65 -

66) shows the picture of how it is performed; and she interpreted the symbolic meaning of

this ritual as a "rebirth of local people together with their ... enemies". Likewise, Abera

(1998) gives us a mirror of the process and meaning of the rituals that the Oromo practice

while homicide is compensated. He shows that the killing of a ram whose blood both parties

wash their mouth to signify the settlements of feud and the washing away of the blood of a

slain.

22
Despite the availability of various modes by which disputes are handled and the performance

of extremely elaborated rituals to mark conflict resolution, scholars have revealed that

disputes are not often resolved. Bell (1992, cited in Alexander, 1997) repudiated the idea that

a ritual resolves social tension and conflict. She argues that a ritual simply offers a temporary

solution. Kopytoff (1980, cited in Colson, 1995: 69) also presents that anthropologists

wrongly attribute a great healing power to rituals, whereas the actors do not. For the

participants, rituals are not what they purport to be. Similarly, Bartels (1984: 35) argues that

rites are expressions of the ideal moral behavior, which people often fall short of.

Colson (1995:80) criticized the assumption that disputes are resolved and led to harmony.

Gwembe focus upon the issue at stake rather than the social relationships of the disputants in

dealing with disputes. They often resort to law for they simply seek remedies for their ills

rather than to restore peace and harmony. Thus, for Colson, though followed by rituals,

negotiation and adjudication "have much less success in convincing contenders that they are

in the wrong and they do little or nothing to heal ruptured social relationships or abate anger

and contempt."

Schellenberg (1996:122) too argues that neither peaceful nor violent mechanisms of conflict

resolution can always perfectly resolve issues. Even though decisions are made and

agreement reached, the parties often complain and feel that it has been unfairly treated.

Likewise, Gulliver (1979: 78-9) who admits that hostilities survive ritual affirmation of

dispute settlement has become reluctant to use the phrase "dispute settlement" I suggest he

tends to replace it by conflict management or control of conflict that avoids the escalation of

conflict and open fighting.

23
The present study is, therefore, an attempt to address different modes of conflict resolution

and their interrelations, the ritual they involve and the role of rituals in peace making, the

indigenous methods of enforcing decisions among the Waliso within the framework of the

existing theoretical orientation.

24
 CHAPTER THREE

HISTORICAL, SOCIO-POLITICAL AND ECONOMIC SETTING OF

THE WALISO

3.1. The Oromo: an Overview

The Oromo are the single largest ethnic group in the Horn of Africa (Mohammed, 1990:xi).

They occupy a land that extends from northeastern Ethiopia to east central Kenya and from

the Sudan in the west and Somalia in the east (Lewis, 1984a: 590). The Oromo speak a

common language. This language is categorized as eastern Cushitic (Huntingrord, 1955:19,

Lewis, 1965: 19). There is no agreement among scholars about the population of the Oromo,

but a consensus seems to reveal that within the present day Ethiopia alone, the Oromo

account either the majority or a good half of the total population (Lewis, 1984a: 571). The

Oromo, according to Gemetchu (1993) are divided into five major groups: the Tulamaa and

the Macha, the Sabboo and the Goonaa, the Rayyaa and the Aseboo, the Siikkoo and the

Mando and the Ituu and the Humbannaa.

3.2 The Macha

Mohammed (1990: 18) discusses that prior to and during the 16th century, the Tulama and

the Macha groups lived under common Gada government and law. The head quarter of their

common government was located at Oda Nabe in Fatagar. The fact of common law was

symbolized by the common bokkuu. Bokkuu is a wooden scepter made up of olive tree used

as a symbol of political power and expression of unity (Mohammed, 1990: 47).

25
However, according to Tesema (1980) and Mohammed (1990) the Macha eventually

separated from Tulama and established their own center at the hill of Tute Bisil Osole, known

as Oda Bisil. It was located in the upper Gibe basin between Gedo, Bilo and Gibe River. This

site as Tesema (1980: 23) explains was used as a strategic place to further expand into the

areas they finally dominated. With further expansion of the Macha, Odaa Bisil no longer

served as a common Gada center for the group, instead various local bokkuu centers were

established. According to Tesema, currently, the Macha dominate the area between the

Abbay River in the North, the Gojeb River in the South, and the Dabus and Tulu Walal in the

West. In addition, according to Macha elders, the rural road from Ginchi town (on the way to

Naqamtee) to Tullu-Bulloo (on the way to Jimma) via Busa roughly demarcates the Macha in

the east. Broadly speaking, one of the Macha's descendants, Liban settled in western Shoa in

the extreme east of Macha land.

Lewis (1970:163-164, 1990:43) discusses that the eastern Macha groups remained

autonomous until the conquest of Menelik II late in the nineteenth century. By the last quarter

of the 19th century, as elsewhere, the eastern Macha faced Menelik's war of conquest. The

new regime permitted some of the former war leaders to retain all or part of their land and

appointed them balabat, a new political office. Others who showed some sort of resistance to

the war of conquest lost both their power and their land.

Compared to other Oromo areas, the Amhara did not settle in large scale in this area.

Administrative activities remained in the hands of local balabats who themselves grew up in

the Oromo culture and values. However, the administrators operated in the context of the

already established political authority of the Christian Abyssinian State. This assertion

confirms Lewis (1990:45). This, I argue, partly provides an explanation why the eastern

26
Macha in general and the Waliso in particular are able to preserve the indigenous institutions

and practices despite the considerable changes they have undergone. Now I proceed my

discussion on the Waliso.

3.3 The Socio- Economic Context of the Waliso

3.3.1 Basic Economic Activities

The Waliso are grain growing sedentary agriculturalists (cf Lewis 1984b: 43). Almost all

rural inhabitants of the Waliso engage in agricultural and related works throughout the year.

They grow grain using plow and oxen. Crop rotation, application of manure and chemical

fertilizers and fallowing are used to maintain the fertility of the soil (BPED, 2000: 336).

Barley, wheat, teff, horse bean, pea and lentil crop are among the most widely cultivated

crops. Enset (false banana) is a stable food among the inhabitants of the high land. It is also

common in the semi- high land.

Grain is mainly produced for subsistence, but when excess it is also for sale. Women sale

grain in small amounts. In addition, they also sell butter, eggs, honey, vegetables and fruits in

return for cash that is used to buy commodities for consumption of the household. Besides

crop production, the Waliso also raise livestock of various species. In the year 2000,

according to (BPED, 2000: 336), Dandi woreda (in which the research was conducted) had

142,974 cattle, 74,969 sheep, 8,352 goats, 14,899 horses, 9,893 donkeys, 879 mules, 62,479

poultry and 13,000 traditional beehives.

BPED further indicates that in the same year, about 51.9% of the total area of Dandi woreda

was arable land out of which 47.4% was under cultivation. 21.0% and 18.9% of the woreda’s

27
total area were grazing and forest lands respectively. The rest 8.2% was swampy and marsh

area. This government statistics shows that 3.1 hacter was the average farmland for per

farmer household in the woreda. However, shortage of farmland and grazing area are among

the major problems among the Waliso.

Following the 1974 Ethiopian revolution and the subsequent land reform, land was

nationalized and peasants were allowed access to land with mere use right. There have been

distribution and redistribution of land in the years following the revolution. But for the last

twelve years or above there has been no land distribution over the area. As a result, most of

the young people including those who have already established their own independent

households are landless or have only a small size of farmland and grazing areas. Access to

land for this generation is either through their parents or by renting in from those who have

excess land. Consequently, a competition over land is very high and often leads to conflict

among the Waliso.

3.3.2 Work Groups

Household is a basic labor unit of production among the Waliso. However, they also arrange

work groups in which several people from different households work together. There are two

forms of communal work arrangements: daboo and daado. The first in its strict sense is

reciprocal work group in which each individual receives as much labor from others as he

gives them. The group members work in rotation on each other’s fields.

Daboo is work group seasonally organized and flexible both in number and membership.

Membership to daboo work group is neither kinship ties nor neighborhood, rather it is drawn

from among friends and interested persons that live within a reasonable geographical

28
boundaries. Daboo is what anthropologists call festive work group, which is not as such

reciprocal in labor term. It is sponsored during the peak labor demand (October through

March) or for labor absorbing activities such as construction of house. Participants of daboo

must be entertained by beer and food.

3.4 Descents, Kinship and Clan Solidarity

The Oromo trace descent through the male line. They readily identify themselves from others

in terms of genealogy appealing to a patrilineal ideology. In the meantime, they are aware of

both maternal and affinal kinship. Among the Oromo a mother's brother is identified by the

term essuma, and the most liked of maternal kin. He is as close relative as paternal uncle who

is termed as wasila. Radcliffe-Brown (1952:21-22) raises an interesting observation, which is

relevant to this issue. He asserts that kinship is normally bilateral. Societies tend to be either

patrilineal or matrilineal simply to determine a descent line and related rights and

responsibilities. Similarly, though the Oromo maintain a patrilineal ideology, most of the

group in action and the organization of activities go beyond the agnatic groups.

Despite its vagueness, the genealogical traditions of the Waliso suggest that they are the

descendants of Liban who was in turn the son of Macha. The Waliso divide descent into

various kinship categories. These are gosa or lammii dugdaa, lammii, balbala, warra, aantee

and maatii.

The Waliso do not have specific genealogical depth for each of these categories. Individuals

commonly employ different terms to designate similar genealogical depth. The other way

round, similar kinship categories are also employed to designate two genealogical depths

29
with significant variation. It is not, therefore, easy to find equivalent English terms in

anthropology, partly for the highly confused kinship categories of the Waliso and mainly as

anthropological terms are not universally applicable to all cultures.

The Waliso believe that they are one gosa. The present generation traces its relation to

Waliso, the founder of the gosa, eighteen to twenty generations back in patriline. Waliso is a

sub-moiety of the Macha moiety, which is divided into lammi. Lammi ranges between twelve

to eighteen generations depth. It represents clan, sub-clan and minor clan. Clan is further

segmented into balbalas, which I call lineage or/ and sub-lineage. It has a genealogical depth

of eight to twelve. Balbalas also consists of various warras with a genealogical depth that

varies from six to ten generations. Warra represents sub-lineage or and minor lineage. A

minor lineage aantee under which warra is subsumed refers to a group of people descended

from a common ancestor less than six descending generations. The smallest category maatii

refers to extended family.

Currently, unlike lammi, gosa has no practical significance. The saying 'shan abbatu basa,

shantama lammiitu basa,’ 'you pay five; fifty is paid for you by your clan’ show how much a

person relies on his clan for assistance in time of hardship, especially in feud. Apart from this

saying, lineage is the most significant in actual social structure of the Waliso. Individuals

have certain privileges, rights, duties and responsibilities in their lineages. They are strictly

exogamous groups, too.

Lineages and sub-lineages have their own leaders called shanacha. Lineage leader is termed

as abba shantama (father of fifty). Many sub-lineages together have a leader known as ababa

dhibbaa (father of hundred). In time of hardship, individuals call on these leaders to organize

30
members and mobilize resources to have a hand in the crisis. This often occurs in case of

homicide. Such an agnates have responsibilities to avenge the death on the killer or/ and

killer's close relatives, or to claim compensation.

In addition, a person has a right to be represented by one of his fellow lineage members and a

responsibility to represent others in time of hardship. This system is termed as seera lukoo

(the system of lukoo). Lukoo darbuu and lukoo dabarfachuu, mean 'to represent' and ‘to be

represented’ respectively. Lukoo also refers to the person who represents. The term is derived

from an Oromo word luka (leg). For the Waliso mataa (head) represents oneself whereas, leg

indicates one's line of descent, more properly his lineage. Lukoo has therefore the nearest

meaning of representative or proxy drawn from one's own lineage to act on one’s behalf.

However, a lukoo is not an advocate whose very objective is the defense of the person whom

he represents. Rather, a lukoo speaks and works in defense of the truth as well. The Waliso

bring the backsliders into line by denying them the right to representation, which equals

denying lineage protection. They also employ sacred sanction especially curse.

3.5 Marriage

The Oromo are exogamous society. Bartels (1983:208) in his writing on Macha society

shows that marriage of a woman descended from an ancestor less than the seventh ascending

generations on the father line and five on the mother line is incest. The Macha view of incest

is like shading one's own blood, which is heinous act and could only be cleansed through

elaborated rituals of purification. This holds true among the Waliso. If such a forbidden

marriage occurs, they believe that it results in serious penalties from the creator (Waaqa). A

child born to such a union would be unhealthy, lame, blind, moron, and would not grow up.

The couple would be infected with leprosy or suffer early death.

31
Marriage creates important alliance between the wife takers and wife givers. The two groups

establish certain kind of affinal relationships. They are also supposed to help each other when

the need arises. There is a saying that 'suree fi sodda wajjin kufu'- one falls down along with

one's trousers and in-laws. This implies that one can't avoid his in-laws. The affinal relations

could terminate with divorce that left no children behind, and not otherwise.

Unlike many African societies and even other Oromo areas, marriage among the Waliso does

not involve large amount of bride payment. They pay neither cattle nor large sum of money,

rather only small amount of money is given to the bride's family on different pre wedding

and post wedding ritual occasions. The amount is regulated by tuma (Gada law). In addition

a groom is supposed to clothe his father-in-law and his mother-in-law with cotton blankets

known as uwwisa. Dispute over bride wealth is, therefore, uncommon in the area, as it is the

case in most of African societies.

3.6 Settlement Pattern

The Waliso have a rule of patrilocal residence. Hultin (1984: 453) discusses the mystical

bonds between man and land and the resultant form of settlement among the Macha. The

sons inherit their fathers' land and continue to live on. Partly, Hultin's view holds true among

the Waliso. However, this is an ideal or preferred norm of behavior. Actual behavior is

frequently affected by various factors. Individuals build their homestead wherever resources

are available and social conditions are convenient irrespective of their kinship division. The

members of any given lineage are, therefore, dispersed throughout the area. In their daily

activities, they depend on neighborhood and voluntary associations rather than their kinsmen,

though neighbors could be kinsmen. In this regard my data confirms Lewis (1967?: 165,

1975:195) who states that among the Macha descent groups are not localized groups both

32
in principle and in practice. The Oromo proverbs 'ollaa fi dugdaan lafaa ka'u', (it is by

neighbors and back that one gets up) and Waaqaa fi ollatti gad bahu (it is the creator and

neighbor that one first meets when he goes out of one's home) show how the Oromo are

cooperating neighbors. In the meantime, the Waliso are aware of their rights and

responsibilities towards their kinsmen and clansmen, whether or not they live close together.

3.7 Voluntary Associations

The Waliso have long experience of voluntary association generally termed as iddir. Iddir

among them is of three types. Laga (river) is an association whose membership is on

household basis and territorially determined. It is concerned only with burial ceremonies of

the death of the members within the given territorial boundaries. The second form of iddir is

known as golobe. Membership to golobe is on individual basis regardless of territorial

limitation. Every adult person around has a golobe. Women have their own separate golobe.

Golobe's main focus is social problems and mutual aid. The other form of iddir is known as

iddirii lammii (lineage association). Membership in such an association is determined on the

basis of descent. Group of agnates organized an association for the purpose of mutual support

in time of hardship (cf. Lewis 1967?: 172). Women also could be members in lineage

associations of their father's line. Lewis (1984b: 95) perfectly summarizes the general

principles underlining the interaction of the members of these associations. According to

him:

1. Mutual aid is strongly valued and required among such association members.

2. Regardless of differences in their wealth, all members have equal rights and

responsibilities.

3. They all should be at peace with one other.

33
3.8 The Waliso Gada

Gada system is a variety of democratic political organization that the Oromo have developed

and used at least for the last five hundred years. The system is fully operational among the

Borana, the Guji and the Gabra, and persists as a variety of local level democracy among

other Oromo groups, such as the Macha (Asmarom, 2000:30). The Waliso Gada is one of the

various local bokkuu centers of the eastern Macha located at "Yaa'ii Hindhe" near Dandi

Lake on the Dandi high plateau (see picture- 1). The Waliso do not provide substantial

explanations about the origin of the Gada system. But they know that it has been the all

round organization of their forefathers, which they have inherited

3.8.1 Continuity and Change in Waliso Gada

Knutsson (1967:180) presents the Macha view of the consequences of forgetting Gada. For

the Macha, according to Knutsson, with the destruction of Gada both the natural and social

environment is disturbed. My Waliso informants also agree with this view. Tradition about

the penalties for neglecting Gada is still recurrent among some of my informants. Sometime

between 1908 and 1913 Habtagorgis Dinagde, the war leader of Menelik II forbade the

Waliso to practice Gada. However, the Waliso automatically ascribed the draught that

happened a few years later to the abolishing of Gada. They characterized the period as the

time of hunger, sadness, time of no justice, the time where people were totally unpleased in

all aspects of their life.

According to my informants, the Waliso reported back to Habtagorgis the tangible penalties

of neglecting Gada. Habtagorgis regretted for his deed and allowed them to continue their

usual practice. Immediately, things came back normal. The Waliso, therefore, strongly

34
believe that without Gada, there is no prosperity, peace, happiness, wealth and health

throughout the community. The Gada officials could reconstruct the ruptured relationships

between Waaqa (creator) and man through prayers and blessings, they could resolve disputes

and restore peace.

In this regard, Habarland (1963:530), Blackhurst (1978:261-62), Baxter and Almagor

(1978:28) argue that the actual causes for the sustenance of the Gada system transcend its

purely political role. It also serves as a channel through which the creator (Waaqa) from

above communicates with man below, through blessings on which the human world depends

for its welfare, subsistence, peace and fertility.

Among the Waliso, Gada more or less, remains the same in its basic structures. For instance,

the five Gada sets, the eight years time period of Gada set, the forty years time difference

between two consecutive generations, the hereditary principle of membership into a given

Gada class, etc have persisted. The Waliso have had five Gada sets known as Birmaji,

Horata, Michille, Dulo and Robale. The five Gada sets are misensas, which literally means

members. It is with the coalition of these sets that the entire Gada organization is

functioning. Each Gada set passes through similar Gada grades. Literature on Oromo reveals

that names and numbers of Gada grades differ in time and space. But every grade lasts for

eight years.

Currently, among the Waliso only the grade in which male members assume political power

is politically and spiritually significant. This grade is known as gula or luba. The term gula

also refers to the person who enters the grade. Gula, I believe, could not be translated without

distortion. Hence I prefer to employ the original Oromo term throughout this thesis. Unlike

35
the other Gada grades, gula lasts for forty years among the Waliso. A person remains gula

until the generations of his sons become gula grade (cf. Bassi 1994:22). However, a

knowledgeable gula who is still strong enough to attend ritual and political issues could

remain so for more than forty years. The Waliso Gada allows a father and a son to be gulas at

a time. A father preserves his gula rights through the process called muuxachuu meaning 'to

slough.' Muuxachuu renews the position. The renewal is allowed by the son's generation set.

Former writers have never reported such an element in Gada system. Thus, muuxachuu (to

slough) is a new element adopted as a coping mechanism to preserve the system in the face

of the gradually declining Gada system. A person is allowed to remain in power for a long

period of time, as there is a shortage of gulas who play an important role in all aspects of the

life of the people.

3.8. 2 Law Making (Seera Tumuu)

The beginning of eight years reigning time is marked by the proclamation of the new law.

The Waliso make law on the occasion of general assembly, they call yaa'ii haraa, equivalent

to the gumi gayo of the Borana (cf. Asmaroom, 1973). Once the group enters the gula grade,

the next eight years is known by its name. Asmarom (1973: 83) states, "the strongest

indication that the class was in power is the fact that it imparted its name and its ritual

attributes to the period of history when it was Gada (vi)." Currently, among the Waliso laws

are made and proclaimed, the former laws are renewed and amended every eight years by the

name of the reigning set. Otherwise it is a common activity of all gulas of all Gada sets.

The reigning set proposes the law with the consent of the experienced gulas. The proposal is

enriched, improved upon and amended through public debate before proclaimed law.

36
Once agreed upon, they formalize the law through the process known as seera tumu (law

making) that involves a very elaborated ritual performance. The gulas of the class in power

select two gulas from any Gada set based on seniority. The selected gulas kneel down and

lay down whips and pronounce the law (see picture-3).

The act of making and proclaiming law is always preceded and concluded by prayer (see

picture-2 and 4). Mohammed (1990: 16) expresses this fact as one of the points where

politics and rituals intersect. The following is an example of law making (tuma) ritual.

x = the first gula

y = the second gula

Step – one (general principles) X starts, Y responds

x y

Kottu Dhufe

Please come Here I am

Akka ati dhufte nagaan biyya haa dhufu Haa dhufu

May peace come to us as you come here May it come

Bakkalchi milkii haa ta'u Haa ta'u

May star be good fortune May it be

Bakkeen nagaa haa ta'u Haa ta'u

May pasture be peaceful May it be

Allayyaan dirree haa ta'u Haa ta'u

May ravine be flat May it be

Horiin haa horan Haa horan

My cattle reproduce May it be

Dheedanii haaa barbadeessan Haa barbadessan

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May cattle graze and annihilate May it be

Barbadaan suga haa ta'u Haa ta'u

May the ruined suits the cattle May it be

Dhugani haa boressan Haa ta'u

May they drink and make the stream turbid May it be

Booruun gabbina haa ta'u Haa ta'u

May the turbid be fruitful? May it be

Gumbiin haa guutu Haa gutu

May granary be full May it be

Dessuun haa ofkaltu Haa ta'u

May women deliver safe May it be

Ijoolleen haa guddattu Haa guddattu

My children grow-up May it be

Kan guddate haa dubbatu Haa dubbatu

May the grown up be knowledgeable May it be

Beekaan haa bulu Haa bulu

May the knowledgeable live long May it be

Waaqni kan roobaa haa ta'u Haa ta'u

May waaqa give us rain May it be

Roobni kan margaa haa ta'u Haa ta'u

May rain be for grass May it be

Margi kan saawwaa haa ta'u Haa ta'u

May grass be for cattle May it be

Sa'ii kan abbaa haa ta'u Haa ta'u

May cattle be of the owner May it be

Rimaan haphee haa ta'u Haa ta'u

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May conception be a success (stick at) May it be

Kormi cirrii haa ta'u Haa ta'u

May bull be hippopotamus bird (easily mount the cow) May it be

Arrabni koo fi kee milkii haa ta'u Haa ta'u

May our words be good fortune May it be

Ani fi ati hin magsine kan maqsu nu hin gahin Nu hin gahin

We are not to mislead, may the misleading be far away from us May it be

Step- 2(general principles) Y begins speaking to X

Y X

Kan ati jette milkii dha milkiin biyyaaf haa ta'u Haa ta'u

You said good thing, may good fortune be for the nation May it be

Biyyi nagaa haa ta'u Haa ta'u

May our land be peaceful May it be

Dinni bitaa haa galu Haa ta'u

May our enemy be on the wrong side May it be

Waaqni qananii dha Haa ta'u

Waaqa is praiseworthy May it be

Lafti qananii dha Haa ta'u

Earth is praiseworthy May it be

Kormi qananii dha, hari'ee dhalcha Haa ta'u

Bull is praiseworthy, for it mounts cow May it be

Abbaan qananii dha, waan nama uumeef Haa ta'u

Father is praiseworthy, for he procreates May it be

Haati qananii dha, garaatt baattee dugdatte dabarfatti Haa ta'u

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 Mother is praiseworthy for she carries in her womb and on her back May it be

Fardi gananii dha, ari'ee qaqqabsisa, fige jalaa baha Haa ta'u

Horse is praiseworthy, for it enables to catch up the enemy and to flight

from enemy May it be

Burqaan qananii dha, bishan irraa argatu Haa ta'u

Spring is praiseworthy for it is the source of water May it be

Alangaan qananii dha, seera ittiin tumu Haa ta'u

Whip is praiseworthy, for it serves to make law May it be

Step – 3 (specific issues)

After these preliminary steps, the gulas proceed to proclaiming the law. They decide upon

major issues, pronounce what would be the consequence of what, how the breach of law is

punished and the ruptured relations could be restored, for instance as follows.

X y

Fudhaa fi herumni jifuu dha Eyye, jifuu dha

Marriage is basic Yes, it is

Baasii guddaan ilma gahe fudha, intala geesse heeruma dhowwa Eyye ni dhowwa

Much expenses are obstacles to a marriage Yes it is

Gatiin margaa soddoma hin caalin Haa ta'u

Let betrothal expense be not more than thirty Ethiopian Birr May it be

Uwwisaan abbaa bullukkoo haa ta'u Haa ta'u

Let a bride price for a father be bullukko (cotton blanket) Let it be

Uwwisaan haadhaa gaabii haa ta'u Haa ta'u

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 Let a bride's mother be given gabbii (cotton cloth smaller Let it be

than bulukko) and so on.

The gulas provide a summary of justification to pass laws. For instance, a law related to

homicide is based on the very idea of the inevitability of dispute and necessity of controlling

dispute. They underline that though it is unfortunate, homicide often happens. The slayers run

away, the victims embark on vendetta. If not controlled, things will escalate and go out of

hand, but for no use. They believe that there is no way of reversing the act of homicide, i.e.

the man would not come back and there is no need to let the living suffer the consequence.

Tedecha (1988:181) presents similar view of the Guji Oromo. The Guji believe that resorting

to force to avenge the offense never maintains social order. It is therefore, in line with this

principle that they pass law to deal with murder. Such a process of making law has been

practiced every eight years. But when situations dictate, it could be made in less than eight

years. The following statements usually conclude the law making (tuma).

X Y

Tumaan kun seera Eyyee seera

This tuma is a law Yes it is

Guungumni hin jigsu Hin jigsu

No grumbles (murmur) will collapse it Never collapse it

Kenni hin balessu Hin ballessu

Bribe will not violate it Never violate it

Kun murtii dha Haa ta'u

This is decision Yes it is

Murtiin seera waliso ti Seera Waliso ti

This decision is Waliso's law Yes it is

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 Jilbi keenya ni tura Ni tura

This law will live long Will live long

Kun afaan maa? Afaan waaqaa

Whose word is it? Waaqa's words

Two explanations are given regarding the meaning of the whip that the gulas use to make the

law. The first approach suggests that the whip of the gulas is made up of hippopotamus skin,

which is too strong. In making law the gulas indicate that their law is as strong as the whip.

Others say whip is an instrument to threaten and punish with. So is law. People are supposed

to abide by seera (law), the breach of which results in punishment. The actual whip,

therefore, symbolizes the potential resultant of disrespect of the law.

Lastly, though Lewis, in his various writings, and Knutsson (1967) admit the presence of

many bokkuu centers among the eastern Macha, they relegated the Gada System to a mere

Gada feast performed every eight years with no political importance, but ritual significance.

As opposed to this view, I argue and witness that the Waliso Gada system still plays

important political, social, and religious roles. It has significance in resolving conflicts, and

proclaiming law and enforcing it.

3.9 The Status and Roles of Women

Family is one of the central institutions among the Oromo. Sexual stratification is apparent

within this basic social organization. The Oromo call the father as abbaa manaa (father of the

house) and the mother as haadha manaa (mother of the house). Male (abbaa manaa) is the

head of the household who is an authority figure and plays a key managerial role.

At a clan level, according to Kuwee (1997), women are considered outsiders (alagaa) and are

42
not members of both the clan into which they were born and into which they were married.

As opposed to this, in principle, the Waliso women are given full lineage membership. They

have the right to claim help and the duties to assist in time of hardship on an equal basis with

male members of their lineage. However, the Waliso attach greater value to sons than

daughters. This mainly stems from two assumptions: firstly, the continuity of patrilineal

descent line, which deserves high value, is possible only through sons. Secondly, daughters

are married and they become outsiders as opposed to sons who look after their parents and

their belongings, especially in the latter age.

It is commonly said that women are restricted to domestic work and are excluded from public

activities, including conflict resolution. In this regard, Asmarom(1973:19) shows that the

Oromo women are entirely excluded from Gada age grade. On the other hand, he attests that

the system is uniquely egalitarian in which women too have roles to play. Kuwee (1997) also

discusses that the Gada system, which seemingly excludes women, has designed an

institution known as siiqqee that actively excluded men.

Physically according to Kuwee (1997:3), siiqqee is a stick given to the bride on her wedding

day and stay with her throughout the rest of her life (see picture-5). But as an institution,

siiqqee refers to the “weapon by which Oromo women fought for their rights. Gada law

provided for them and society honored it. Thus, the siiqqee institution functioned hand in

hand with the Gada system as one of its-built-in mechanisms of checks and balances.”

Kuwee further explains that women use siiqqee for various ceremonial purposes. They use it

to symbolize their status and honor, to protect their rights and to resolve conflicts that range

from martial dispute to inter clan fighting. Women use siiqqee to curse and to bless, too.

43
Nevertheless, siiqqee as an institution has gradually declined among the Waliso. Currently,

siiqqee exists as a ritual stick connoting the irresistible religious and moral authority of

women. It could be employed on certain ritual occasions including that of pleading for mercy

after homicide.

Lastly, despite the fact that women seem to play marginal role in political activities, politics

is not entirely the business of men among the Waliso. There is evidence that in present Gada

system for every role of men, there is a parallel role for women. And Gada law backs this.

For instance, when a man is in gula age grade his wife is kalaalee (see picture-5). A kalaalee

becomes cifiree when her son enters a gula grade. And these women have roles to play in the

ritual practices embedded in the system. Hence, women, I argue, are not excluded from Gada

system, but only from age grade.

3.10 Oromo Religion

3.10.1 The Concept Waaqa

Before the introduction of Christianity and Islam, the Oromo practiced their own religion,

which is a belief in a monotheistic, one-supreme deity, known as Waaqa. According to Gada

(1988:19), Waaqa can loosely be translated into English word God. Waaqa, for the Oromo, is

the creator of universe, source of order and justice, omnipotent, omniscient, omnipresent. The

belief in such a powerful creator is called Waaqeffanna.

Waaqa, as Knutsson (1967: 48) states does not have personal form. He is also physically

inaccessible, but simply manifest himself through his deeds. However, the Oromo believe

that despite the inaccessibility of Waaqa, rituals and prayers provide a path of

44
communication through which the power of divinity can flow into the human world. There

are also other smaller divinities called ayyaana to deal with day-to-day activities.

3.10.2 The Concept Ayyaana

Gemetchu (1993:104) says that the term ayyaana is given a confusing set of meanings. Some

of the writers on Oromo, for instance, Morton (1975:73) define ayyaana as a divine being

with no precise picture that inhabits the atmosphere. On the other hand, Bartels (1983:112)

state that for the Oromo the world is full of ayyaana. Every thing animate and inanimate has

its own ayyaana. Ayyaana is given from birth to guide and guard the possessor. According to

Gemetchu (1993:75), to the custodians of the traditional wisdom, “ayyaana is what causes

the thing to come into existence as well as becoming that which it has caused.” In spite of

these controversial meanings of the concept ayyaana, it is true that, currently, any ordinary

Walisoo think that ayyaana is spirit that has an active role in day-to-day routines. Through

out this thesis, I employ the term to denote a divine being or spirit.

3.10.3 The Qualluu Institution

The Oromo have had an institution called qaalluu to interpret the law of Waaqa and ayyaana.

Mohammed (1990:6) defines a qaalluu as "high priest who was spiritual leader of Oromo

traditional religion." The same is true for Knutsson (1967), Lewis (1970, 1990) and

Asmarom (1973, 200). According to these scholars, whatever its origin the qaalluu institution

has been in function since time immemorial, as one of the most important institutions in

guarding and interpreting the law of the creator (Waaqa).

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Mohammed (1990:7) reveals that the relations between Waaqa and qaalluu institution

necessarily leads to the story of abbaa muudaa (father of the anointment). The meaning of

the term abbaa muudaa is controversial. Scholars such as Cerulli (cited in Asmarom, 1973)

consider it as the place where the Oromo went to celebrate the muudaa ceremony. On the

other hand, for Asmarom (1973, 2000:94) abbaa muudaa is a common name of the qaalluu.

Despite this controversy, literature on Oromo shows that in the past, the Oromo made their

pilgrimage to the famous abbaa muudaa in the Boranaa land from all over Oromo land. The

pilgrims are called jila, the representatives of the Gada set of their respective clans. The jilas

received blessing and instructions on laws of the creator (Waaqa) and ritual functions

(Mohammed, 1990).

However, according to Mohammed, by the beginning of twentieth century following the

incorporation of Oromo land into the Ethiopian Empire, Memelik II banned the pilgrimage to

Borana land. In response to the ban and other external and internal factors, a different form of

the qaalluu institution has emerged. This has been more prevalent among the eastern Macha.

3. 10.4 Qaalluu Institution Among the Eastern Macha

A new form of qaalluu institution has emerged among the eastern Macha at the beginning of

twentieth century (cf. Mohammed 1990:9, Lewis 1970:103-4 and Knutsson 1967). As

opposed to the past, qaalluus who were simple ritual experts and claimed no special contact

with the spirit, the qaalluu of the eastern Macha claims to represent spirit, which possesses

him and speaks through him. The Macha qaalluus are neither the symbols of moieties nor

have relations with the Gada system (Knutsson, 1967) and (Lewis, 1970). Lewis (1990:59)

puts that the eastern Macha are reusing an old term but applying it in an entirely different

religious and political context. The qaalluu in the area has risen to new position at the

46
expense of the fall in fortune of the war leaders. This was the result of the incorporation of

the area into the Ethiopian Empire and the weakening of the Gada system.

Based on my ethnographic data, I argue in favor of Lewis that the prominence and

importance of qaalluu vary in both time and space. As Gada system has progressively

declined, the power of qaalluu has increased. The present conditions in eastern Macha also

confirm this fact. Among the Waliso Oromo who even though it waned and waxed overtime,

continuously practiced Gada system, the role of qaalluu is relatively less. Among the Abebee

clan (adjacent to the Waliso) who have already abolished Gada, the qaalluu plays a decisive

role in every respect of the life of the people. Moreover, the Waliso have bokkuu of the Gada

system as a symbol of final authority. To the contrary, the chief qaalluus of the Abebee claim

the position of abba bokkuu.

At every qaalluu center, a ritual known as kudharfan is performed every fourteenth day. On

these occasions many followers gather at the galma (ritual hall) from far and near seeking

solution for problems, social, spiritual or material nature. In addition to kudharfan, people

often visit the qaalluu centers every non- working day.

The number of followers of a qaalluu waned and waxed across his ability to provide effective

and efficient solutions for their problems. I repeatedly, visited Ancabbi one of the ritual

centers of the chief qaalluu Araarsaa Sibiiloo. I witnessed that he is still prominent and has

many followers. Each time, I observed that hundreds of people gathered there. The qaalluu is

also successful in dealing with the spiritual and material concern of the people and in

winning followers.

47
Currently, there are three main religions among the eastern Macha: Christianity,

Waaqeffannaa and Islam. According to CSA (1996) the dominant religion in Dandi woreda

is Orthodox Christianity. Out of 181, 288 people of the woreda, 160,683 were reported

Orthodox, only 13,000 and 894 accounted for Waaqeffannaa and Islam respectively.

However, this state document does not recognize that the majority of the Oromo of the

eastern Macha who have reported to be Orthodox Christians have simultaneously propitiate

qaalluu. In this regard, Lewis (1990: 45) states that the Ethiopian orthodox churches in this

area are isolated islands that have nothing to do with the real life of the people. He made an

excellent conclusion that "although Mecha Oromo were Christian in the most nominal sense,

the church played virtually no role other than as a site for burial" (1990: 61).

My ethnographic data leads me to a similar conclusion. The Waliso go to churches mostly to

participate in burial ceremonies. It is common to find large gatherings at qaalluu center every

non- working day, whereas only a few at Orthodox Churches. They take their children to

qaalluu for hammachisaa (naming ritual) with no time, but baptize when convenient. They

know little or nothing about Christianity but talk much about a qaalluu and his ayyaana.

In general, for the last hundred years, the idea of the intermediary function of a qaalluu as a

path of communications between human beings and the spirit (ayyaana) have won full

acceptance among the eastern Macha (Lewis, 1990: 60). Hence, the qaalluu institution has

played important roles in the traditional socio-political system of the society.

3.11 The Social Value of a Curse

There is a great consistency in the belief that curse leads to misfortune among the Waliso.

They often ascribe the reason of their misfortune to the act of the spirit (ayyaana).

48
Curse is one way of invoking the spirit to harm a person in all aspects of his life. It is also

believed that a curse hurts the descendants of the cursed up to seven generations.

However, the Waliso believe that curse harms if and only if it is morally justified. It does not

hurt the innocent person. The verdict whether or not the cursed person is innocent is in the

hands of the spirit or/ and Waaqa in the name of which the curse is pronounced. In general,

curse is the ultimate power that deserves social value that the Waliso use to enforce the value

and law of the society.

3.12 The Social Value of Drinking

Most social gatherings and celebrations such as marriage ceremony, Gada feast, cooperative

work, etc. are accompanied by feasting and beer drinking among the Waliso. Drinking is not

only essential for the celebration of any especial occasion, but guests, friends and relatives

are entertained with beer. Beer plays a significant role in social life, in facilitating both long

and short-term exchanges. It is a means of sociability and expressing one’s respect and

friendliness. Beer is available for free on ceremonial occasions and so is it for sale.

Especially, it is available in large amount for sale at market places on market days. So

majority of the marketers buy and drink beer.

My Waliso informants attested that alcoholic drinking has been a very recent development in

the area, adopted following the regular contact with other people and probably diffused from

other cultures. Though the Waliso consider drinking as a means of facilitating sociability and

co-operation, they are well aware of its adverse effect. Their feelings are apparent in the

following sayings: ‘yaa araqee michuu sarage’ (O! you liquor the friend of vagabond) and

‘yaa araqee taliila malakkaa keessaa, jaarsa kuffiftee irra gubbaa teessa’ ‘O! The liquor

49
the pure in the cup, you give an old a nasty spill and a real dump.’ Drinking is relevant to this

study, because it is one of the causes of conflict among the Waliso as discussed below.

3.13 The Causes of Conflict among the Waliso

It is very natural to any society, People that live together engage in various forms of

interactions, including clashes of interests. In these interactions, actions of one may violate

the interest of others and could cause damages to them. These damages of interest may be

physical, material or moral. But what types of dispute are more frequent and what are their

motives among the Waliso?

My sources from official data on dispute cases are the woreda court, woreda police based in

Ginchi and zonal court in Ambo. However, in the rural areas the overwhelming majority of

the offenses are not normally reported to the police or taken to the court. They, therefore, do

not appear as part of the statistics of government institutions. Hence, no official data could

be taken seriously as representative of the magnitude of conflict in the area. In the mean time,

these data are useful in identifying some offenses and their motives. The following figures

from police records show criminal offenses that are taken to court over the last five yeas.

50
Table – 1 Criminal Cases that are taken to the Court over the Last Five Years

Year
1999- 2000-
1996-7 1997-8 1998-9 2000 01
Homicide 29 14 28 34 19
Attempted Murder 11 11 4 9 6
Physical violence 117 84 78 97 79
Arson 13 6 7 5 6
Theft 76 73 79 90 75
Dishonesty 18 21 22 45 37
Minor breach of law such as insult un willful or
Intentional damage to property, defamation,
corruption, etc. 69 101 108 83 106
Adultery, rape, abduction 7 12 4 8 14
Clearing forest and killing wild animal 43 13 29 17 14
Total 382 335 359 388 356
Source: Dandi Woreda Police.

The primary cause of conflict seems to be in the area of economic interest that include

dispute over territory of adjacent farm land, pasturage right, intentional or accidental damage

to property, inheritance, failure to repay debts, theft, marital dispute involving right to

property, etc. A breach of peace may be caused by cultural factors such as failure to carry out

one’s obligations to kinsmen or self help association (iddir) members, adultery, abduction

and the like. This is confirmed by both official documents and my primary data. In addition,

officials of the police, judges and elders say that drunkenness is among the principal causes

of most dispute cases. This is certainly a common idea among the general public too.

Alcoholism comes into play in two ways. The long-standing ill feeling that is insufficient to

cause offense could be flared up into violence due to drunkenness. An Oromo proverb to

express this is 'biqilli farsoo baasee farsoon waan garaa baasa,' which means ‘in wine is

truth.'

51
Secondly, the Waliso have experienced a number of cases that could be attributed to

drunkenness alone. This is justifiable to a certain extent that, in some of the dispute cases the

disputants got into conflict in the context of beer drinking without any pre-existing

differences. The consideration of the place of beer drinking as an incitement to violence also

indicates that some of the violence including homicide is not premeditated, rather it may be

the unintentional outcome of a quarrel in which alcoholic stimulation plays a significant role.

Hence, no single factor could provide sufficient explanation for the cause of conflict among

the Waliso.

3.14 Oromo View and Classifications of Wrongs

3.14.1 Oromo View of Wrong

Oromo view of wrong is based on the idea that the creator (waaqa) has given every thing,

animate and inanimate in a well-balanced cosmic order. Everything has also a role to play

and a natural right to live. This takes us to the concept safuu. Saffu, as Bartels (1983:170)

defines, “implies that all things have a place of their own in the cosmic and social order, and

that they should keep this place. Their place is conditioned by the specific [ayyaana] each of

them received from the waaqa". Gemetchu (1993) presents similar view of safuu. He states

that safuu is a moral category that shapes Oromo view of wrong and right, and distance and

respect.

My data has remarkably agreed with this view. The Waliso confirm that any act that disturbs

the cosmic and social order is against the law of the creator. Consequently, an Oromo view of

cosmic order and the law of the creator provide many checks and balances on their

interactions with their surroundings. They think that it is unjust to let the grass be overgrazed,

52
the spring to be dried up, the land remain forestless. They have a category of trees to be cut

and categories of wild animals to be killed including how to kill and when to kill. For

instance, it is a taboo to cut a young junipers procera (gattira) for it will never revive, but

eucalyptus (bargamoo).

Similarly, they believe that night is for the wild, while day is for the human beings. Thus,

anyone who comes across, for instance, a hyena during the nighttime should respect it. Any

attempt to attack such a wild animal with no reason is believed to have two consequences.

The creator whose law is breached will release sickness, calamity or other misfortune against

the offender.

Secondly, the Waliso believe and have experienced that wild animals such as hyena, snake,

rat and crow avenge in-group any unjust act of human beings against them. A killer of a

hyena often faces and confronts hyenas for the latter hunt the former for revenge. The hyenas

may retaliate by attacking the animals of the killer. Crows take revenge by destroying the

thatch of a hat. As a solution, the Waliso, therefore, have a mechanism of resolving such

conflicts between wild animals and human beings.

Workineh (2001: 52-58) presents practical instances of this culture. He discussed the case in

which a person paid a blood price to compensate the killing of a hyena. Workineh describes

the practice as strange to modern world. I really agree with him. In the mean time, I witness

that the practice is still persisting. I also recognize that the issue is a potential area for

anthropological studies. However, in this thesis, the focus is on the dispute among people

particularly homicide cases, for the limited time and space.

53
3.14.2 Oromo Classification of Wrongs

As opposed to modern legal law, the Oromo in general and the Waliso in particular do not

make explicit distinction between wrongs, which injure the entire community, and those that

injure individuals. They believe that every wrong that threatens individual’s right is also

harmful to the society at large and vice-versa.

However, it is noticeable that among the Waliso wrongs are of two types: the mystically

dangerous acts and those acts that are mere violation of law. For instance, homicide whether

accidental or intentional and incest are serious offences against the law of waaqa. They

require ritual reparation, in addition to the jurial procedures to redress the breach of peace.

On the other hand, wrongs such as theft, insult, and minor bodily injuries do not involve

ritual reparation. They are simply followed by reference to jurial institutions. In this study,

wrongs that require ritual reparation, especially homicide is given much attention.

To sum up, this chapter attempts to present the general setting of the study area. The

forthcoming chapters focus on the discussion of the administration of justice within this

setting. In particular, the next chapter presents the Oromo justice system and the change it

has undergone.

54
 CHAPTER FOUR

OROMO LEGAL SYSTEM AND THE IMPACT OF CONQUEST

This chapter mainly presents the impact of conquest on the Oromo legal system and the

current status of indigenous mechanisms vis-à-vis government court. It also shades light on

the nature of Gada court and the change it has undergone owing to both internal dynamics

and external factors. Hence, it serves as a transition between the previous and forthcoming

chapters.

4.1 Change and Continuity of the Oromo Justice System

The Oromo traditional administrative and justice system has operating within the institutional

context of Gada system. Under fully operational Gada system, disputes including inter clan

conflicts have been managed and resolved by Gada officials in line with the Oromo

indigenous laws. This confirms Asmarom (1973) who says that one of the functions of Gada

Assembly is the maintenance of peace (naga). Also, Abera (1998:44) states that Oromo

indigenous law is embedded in the Gada system.

During the sixteenth century, the Macha and the Tulama who had a common Gada

government had also common law. The leaders had legitimacy of declaring war, mobilizing

resources for common purposes, resolving conflicts to maintain order and concluding peace

on behalf of the people. Similarly, the Macha who moved further away to the west were ruled

under common law set at their common head quarter (Mohammed, 1990:41). Any inter and

intra clan conflicts were dealt with by this common law.

55
Tesema (1980: 19-23) shows that the Oromo had developed traditional mechanism called

qabiyyee system, which means land-holding system to mange the rival claims on land. The

system was effective under the Gada system. However, with the disintegration of common

governments such as the Oda Nabe of the Tulama-Macha confederacy and the Oda Bisil of

the Macha groups, clashes over territories among Oromo groups have led to continuous wars.

Different Oromo groups were engaged in constant and unceasing fights. This was mainly

caused by the right of pasturage and borders that was economic in nature rather than the

political goal of establishing domination over the other. None of them appeared as

conquerors, but as constant raiders.

Truilizi (1973: 1-13) made an interesting observation of this institutional consequence of the

state of war among the Macha. During the seventeenth through the second half of the

nineteenth centuries, the power of the Gada assemblies with their elected leaders was

gradually taken over by the de facto leadership and the emerging class of wealthy men, most

of whom were the Abba Dulas (war leaders) who fought ceaseless intertribal wars. The

unceasing nature of war dictated the continuation in office of the experienced Abba Dula to

defend the community from outsiders. Meanwhile, the prolonged term of office threatened

the very republican institutions of the Oromo. My data confirms Truilizil's observation that

among the Waliso, the power of Abba Dulas whom they call moti progressively superseded

the power of Gada assemblies.

Consequently, the Gada system underwent considerable changes and lost the former peaceful

mechanism of handling inter-tribal dispute over the area. The war fought around involved the

loss of many lives and repeated raids and counter raids. Killing a man of other clan was not

56
prohibited rather killers were decorated, warriors were encouraged and raids were initiated.

In this case, there was no blood price paid and no negotiation for reconciliation was

conducted between the warring parties, rather a simple ritual of purification that involved the

slayer was performed. The killer slaughtered a sheep and washed his hands with its blood to

insure against future damage in response to supernatural requirements (see Bartels, 1983:

235).

On the other hand, the Waliso claim that there was no war fought within the Waliso; instead

the Abba Dulas of different Waliso clans fought others in support of each other. According to

the Waliso, the presence of common Gada (Gada Waliso) and common law symbolized by

common bokkuu fully explains the peaceful coexistence of the Waliso clans. The already

operating Gada system that was unable to provide peaceful means of handling crisis for the

society at large was successful in managing dispute arose within individual clans and among

the Waliso clans. The day-to -day conflict resolution and the application of justice were well

performed by the Gada officials owing to the common bokkuu. In this regard, Fortes and

Evans-Pritchard's (1940:17) statement "members of an African society feel their unity and

perceive their common interests in symbols, and it is their attachment to these symbols which

more than any thing else gives their society cohesion and persistence" is relevant to the

Waliso case.

4.2 The Gada Court System.

According to Asmarom (1973: 93-96) in Borana society among whom Gada is still fully

operational, gumi gayo that is the assembly of the representatives of the entire society is a

law making body. This body has the highest degree of political authority. The gumi is held

under a green tree known as dhaddacha gumi. Green for the Oromo is the symbol of

57
justice. This is common practice among Oromo groups. The Waliso's yaa'ii haraa, similar to

gumi gayo is held under a tree at Hindhee Yaa'ii near the Dandi Crater Lake (see picture 1).

The same gumi that is the law making body as Asmarom (1973: 86) states also devotes some

of its time to the settlement of disputes. It hears and resolves conflicts of any sort when it is

sufficiently important to be discussed at the level of assembly (gumi).

However, gumi gayo, which is held only once every eight years, could not entertain a day-to-

day conflict resolution. Rather, Gada system has had its own administration of justice and

court system. Abera (1998: 52) shows that in Gada court three gulas have served as

permanent judges. In addition, each party in dispute selects three assessors to sit for hearing

their case with the permanent judges. Nevertheless, the nominee of each party should secure

the approval of the opposite party to be selected. Together with the three judges, the six

selected elders constitute the full bench of the court and would sit for a hearing. The court

was known as dhaddacha or shanacha. The proceeding has been open for any male member

to attend.

The court has been held in an open field under a tree as in the case of law making. It has

permitted full interaction of the parties. They could even request the postponement of the

proceeding when need be. The formal procedure of requesting for adjournment of the hearing

was by saying qabe (I behold). According to Asefa (2001: 12-13) they usually employ this

method in seeking further information and piece of advice on the matter under investigation.

Abera (1998) further discusses that after hearing arguments and counter arguments of the

disputants, judgments are rendered. Such judgments are supposed to be given by consensus

in consulting Gada law and local customs. Of course, according to Abera, there has been a

chance to give verdict on a dispute case by majority vote.

58
The decision of such court was not final, as any party that refuses to accept the decision had a

right to appeal against the verdict. Asefa (2001) states that a formal way of requesting for

appeal was by saying bokkuu qabadhe (I hold the scepter). This appeal has been taken to the

court of another clan. According to Abera (1998), while the appellants move from place to

place for appeal, any Oromo group through whose land they travel had the responsibilities to

guide and provide shelter and food.

The Oromo have had a symbol to identify appellants that move from one clan court to

another. The symbol has been adopted to cope with the expansion of Oromo over large

territories that the appellants had to cover and the enmity among different tribes. Yelma

(1959:220-24 quoted in Abera, 1998: 52-53) gives a good summary as follows:

those persons going from one clan to another for an appeal should hang a white cloth
on their stick and hold it high above their head. Whenever any person encounters
them; he should provide them with food, water and shelter and should also show
them way, whenever so requested. If the existence of bandits was ascertained, then
armed persons would accompany the party. The white flag should be taken as a
sufficient notice as to the identity of the persons and the purpose of their movement.

As Abera (1998) states the appeal has been presented orally by two assessors from the initial

court to the court of appeal. The verdict of the later court would be final. Abera makes an

interesting conclusion that the system of appeal served two purposes. It served maximum

fairness and impartiality. It also maintained the spirit of unity among the Oromo groups

through the preservation of common administration of justice.

However, such a system of appeal has caused great inconveniences both to the parties in

dispute and the assessors who have reported the case to the court of appeal. In the mean time,

though the assessors have been expected to present the fact without any distortion, there has

59
been still high chance for the report to be misinterpreted and distorted. As a response to such

a great deal of problems, Abera (1998) says that the Oromo has organized a court of first

instance and an appellant court in the same locality. Accordingly, the court of appeal

constituted judges who were not members of the court of first instance. The number of judges

in higher court also exceeded the number of judges in the lower court at least by two.

Women did not serve as judges in such traditional Oromo Gada court. But according to

Abera (1998: 54) they played a significant role in arranging and opening negotiation between

two clans in feud. Traditionally, any clan has cultural duty to fairly treat such a pleading of

women for mercy. Women forwarded their requests by holding their siiqqee and caaccuu

(see picture-5). Caaccuu is a ritual object used only by women, and is worn on the right wrist

serve as a symbol of female fertility and of fullness (Bartels, 1983:146-147)(see picture-5 in

appendix).

In addition, according to Assefa (2001), women participated in settling family dispute. A

woman whose rights are violated could report to her peers in seeking their intervention.

Women in the area take their siiqqee to fight for their right. They thoroughly investigated the

truth of her claims through their representatives called shanee, the committee of five

members, if need be. However, in this regard, Kuwee (1997) explains that on the complaint

of a woman, her words are taken at face value to penalize the offender without witnesses

testifying to the case.

The main aim of Oromo traditional court has been reconciliation of the disputant parties and

restoration of peace and order. In this process the person or party who suffered the

consequences of the offense has been compensated and the offender fined. Court decisions

60
among the Oromo have been enforceable through both secular and sacred sanctions.

Secularly, they enforced decisions by destroying and confiscating the properties of the

backsliders (see under 3.4 in chapter three and the heerata practice under 6.4.1 in chapter

six). They also resorted to cursing, which is sacred sanction. On the other hand, Bassi

(1994:16) shows that the Borana Gada officials do not employ force to enforce their

decisions; rather they exclude the offender from nagaa Borana (peace of the Borana). The

exclusion goes as far as withholding greetings and blessings and separation of the recipient

from all social and ritual support.

However, I believe that the disposition of executive force and psychological mechanisms of

enforcing decisions are not contradictory among the Oromo. Rather, they complement one

another. Currently, the Waliso of eastern Macha employ both options. The shanachas

(lineage leaders) often mobilize a lineage to punish any one of their members who does not

abide by their decision. In mass, they demolish the offender's fence, slaughter his cattle or

livestock and feed themselves. In the mean time, they make use of ostracization, exclusion,

threat to ban him from lineage support and threat to curse as enforcing mechanisms.

4.3 The Enactment of Law in Ethiopia

Externally induced changes coupled with internal dynamics have introduced significant

changes into the Oromo legal system. With the conquest of Menelik II and consolidation of

Haile Silassie, the Oromo have been introduced to an alien system of justice. Under the

enactment of criminal code of 1930 and the proclamation of the Administration of Justice of

the 1942 of Haile Silassie, the government courts were instituted (Shak, 1969:163).

61
Codification of law as Allott et al (1969:32) state follows different methods. In some

instances, codification involves serious investigation of local customary laws. This is useful

to safeguard traditional values and thereby attach the profound sentiments of the people with

the code. In this case the law is not an abstract one. In others, codification disregards a full

prior study of the local customary laws. Ethiopia’s Law enactment took the second way. It

adopted foreign system of justice and borrowed so many elements from Western legal system

(Abera 1998). It disregarded the indigenous laws of the conquered. David Rene (1963:193)

states that:

Ethiopia wishes to modify her structure completely even to the way of life of
her people. Consequently Ethiopians do not expect the new code to be a work
of consolidation, the methodical and clear statement of actual customary
rules, they wish it to be a program envisaging a total transformation of
society and they demand that for the most part it set out new rules
appropriate for the society they wish to create."

Hence, the code neither retains a separate system of customary law nor takes into account

Oromo laws. It has removed the treatment of major offences from any Oromo institution, and

has established institutions without recognizing native law and customs. Art 3347 (1) of the

Civil Code provides that, "unless otherwise expressly provided all rules whether written or

customary previously in force concerning matters provided for in this Code shall be replaced

by this Code and are hereby repealed."

Despite the banning of Oromo indigenous laws, initially the intervention of foreign structure

in the system of justice was too minimal among the Waliso. Neither the people took their

cases to the attention of government courts nor the bureaucrats were able to penetrate into the

community to deal with disputes. However, government has progressively increased its

intervention. Currently, the influences of bureaucratic law and changes in Oromo legal

62
systems are quite significant. Some of the traditional procedures of justice are treated illegal

and punishable.

Hamer (1980:107) documents similar experience among the Sidama. According to him, the

government system discourages initiative and responsibility for dispute settlement by the

primary society. The autonomy of traditional institution in dispute mediation is considered as

a threat to security.

Nevertheless, indigenous mechanisms have survived these interventions and still the Waliso

deal with the majority of disputes from mere insult to homicide through various local modes

of conflict resolution (this would be further elaborated in the forthcoming sections). Hence,

two judicial systems exist in the area: the local mechanisms and the government court.

I now proceed to the discussion of government court for I believe it would provide clear

insight into the status of government court vis-à-vis the local mechanisms. It also reveals the

tactical move people make from one mode of conflict resolution to the other, together with

the opportunities each offers, and how the Waliso use bureaucratic law as a means of

enforcing their own value and culture.

4.4 State Judiciary Powers

My data on government judiciary system shows that an increasing number of the Oromo in

the area are looking to government courts for legal redress. The police station receives a

number of applications on criminal offenses of various types. However, paradoxically, most

of the plaintiffs withdraw their charges formally whenever possible before the police prove

the allegation through witness. They also intentionally avoid testifying the truth of their

63
claims if the withdrawal is not allowed. Hence, out of thousands of applications, only few

cases are taken to the court having jurisdiction with complete records of a preliminary

inquiry. Table 2 below presents some examples.

Table- 2 Criminal Cases Reported to the Woreda Police Compared to Cases Taken to Woreda Court by the
Police
Year 1996-7 1997-8 1998-9 1999-00 2000-01
Total applications * * 1312 1729 1635
Testified and taken to the court 382 335 399 353 356
Withdrawn * * 913 1376 1279
* No information
Source: Dandi Woreda Police Station

Once a criminal case is brought to the attention of government court having jurisdiction,

neither the case is dismissed on the ground that the case is minor nor the disputants are

encouraged to resort to their traditional mechanisms. Based on the investigating police

officer’s report, the public prosecutor frames the charge and accuses the suspect in violation

of the Ethiopian penal code articles.

Nevertheless, still a considerable number of cases are discharged early in the woreda court

proceedings using the loophole provided by Art. 122 of the Criminal Procedure Code. It

reads 'with the permission of the court the public prosecutor may before judgment at any

stage of the proceedings withdraw any charge other than a charge under Art. 522 (homicide

in the first degree) or Art. 637 (aggravated robbery). Documents in the woreda court show

that disputants demanded the withdrawal of the charges for they settled their dispute cases

through reconciliation. The following table presents a few examples

64
Table -3 Withdrawn Criminal Cases Compared to Cases that were Decided by the Government Court
Year 1996-7 1997-8 1998-9 1999-00 2000-01
Number of Closed Files (sample) 30 30 30 30 30
Court decision 9 20 19 18 16
Reconciliation 19 7 11 11 14
Withdrawn for other reasons 2 3 0 1 0
Source: - Dandi Woreda Court

The withdrawal of charges is more prevalent in civil cases than in criminal ones. A crime is

said to be an offense against the public at large if it surpasses individual interests. In this

case, it is the concern of the government that leads to criminal proceedings the purpose of

which is the punishment of the wrongdoer. Thus, the withdrawal of criminal charges requires

the consent of the public prosecutor, the court and the victim of the damage. The law tends to

make the distinctions between wrongs that injure the entire community and those that injure

individuals. On the other hand, civil cases are said to be personal. It leads to civil

proceedings, which intends to enforce some rights claimed by the plaintiff against the

defendant. In the latter case, the decision whether or not to withdraw the charge, is in the

hands of the plaintiff. Consequently, from among civil cases taken to the government court,

the majority goes back to traditional procedures.

Documents show that the court dismisses some civil cases according to Civil Procedure Code

of the Empire of Ethiopia, Art. 69 (2) where neither party appears, or Art. 73 where the

plaintiff does not appear, when the suit is called on for hearing. A plaintiff also demands the

termination of a charge according to Art. 275 (1) and Art. 278(1), which permit a

compromise between the parties in dispute. The following table shows some examples of the

civil cases in the Dandi woreda court over the last five years.

65
Table -4 Withdrawn Civil Cases Compared to Cases Settled by the Government Court over the Last Five Years
Year Sample of Closed Files Decided by the Court Withdrawn Cases
1996 - 7 50 27 23
1997 - 8 50 27 23
1998 - 9 50 29 21
1999 - 00 50 19 31
2000 - 01 50 13 37
Source: - Dandi Woreda Court

Since recently, in the category of civil cases, family disputes (marital disputes) have been

taken to the woreda court in an unprecedented manner. However, some of these disputants

automatically terminate their charges without the knowledge of the court. This is done under

the pressure of elders and relatives. Other cases are referred back to yaa’ii firaa (family

council) by the court. Whether divorced or reconciled such dispute cases are handled by

elders at local level through traditional mechanisms. Only insignificant numbers of cases in

which the traditional mechanism fail to bear fruit are reported back to the court for appeal to

the zonal court. Table 4 gives an over view of this

Table - 5 Marital Conflicts Reported to the Woreda Court over the Last Five Years
Total Cases Sample Withdraw on Referred to Appealed to
Year Reported to the Cases Their own Will family Council Higher Court
Court by the Court
1996 - 7 206 50 30 19 1
1997 - 8 269 50 34 16 0
1998 - 9 252 50 37 13 0
1999 - 00 255 50 30 20 0
2000 - 01 261 50 32 17 1
Source: - Dandi Woreda Court
Currently, Dandi woreda has only one public prosecutor, two judges and thirty-five

policemen for 181.288 people and 1,513.4km2 area of the woreda. The government judiciary

personnel admit that in the face of such an extreme shortage of manpower, they are not in a

66
position to handle dispute cases in the area. They unequivocally appreciate the role that the

traditional mechanisms of conflict resolution play in reducing the burden of the court and

maintaining social order. They agree that had it not been for the support of traditional

mechanisms, government courts would have been highly loaded and justice delayed more

than it now does. Presently, numerous cases have stayed for many years without decisions.

This is attributed to lack of manpower in the filed of judiciary system. Related to this, Hamer

(1972:242) argues that the Ethiopian government seems to accept the juxtaposition of the two

systems. But it is only as a matter of convenience, for the mere fact that it would be beyond

the capacity of the government court to handle the volume of cases disposed of by traditional

mechanisms.

On the other hand, the court and the police station complain about the traditional procedures

and their agents. This compliant is more evident in relation to what the law termed as

criminal offenses against the society at large. Police documents show that serious offenses

including homicide are dealt with by traditional mode of dispute settlement

Despite the possibility of non-reported cases, the police figures show homicide to be among

the major criminal offenses over the last five years (see table -5 chapter five). But at woreda

police level, it appears that registering cases is different from prosecuting supported by

successful investigation. In some cases, the police’s efforts to gather information on any

matter relating to the offense face obstacles and remain unattainable.

Police blame traditional means of conflict resolution for their failure to prove the allegation.

With the interferences of traditions and the settlement of a case at local level, neither of the

67
concerned parties cooperates with the police. Thus, in this regard, the government judiciary

personnel consider indigenous mechanisms as illegal and anti codified law.

By way of concluding the chapter, since the last century, the Oromo has been introduced to

an alien court, which has not recognized indigenous law and custom. The government has

authorized the court and only the court adjudicates those offences that the law categorizes as

offences against the public.

The Ethiopian government deliberately denied the practice of Oromo law. It rather enforced

the assimilation and imposition of the law and custom of the ruling group. It was the one, and

the best way, to guide and govern the conduct of the people in the intended society. Such aim

at the back of codification is perfectly described in the work of Allott et al (1969: 33) who

say that codification is a powerful weapon that governments have at their disposal to shape

the course of economic, political and social development they intend.

Despite the imposition by the government and internal changes, the Oromo judicial system

has retained its basic structure for centuries. The majority of disputes among the Waliso are

still handled at local level. Informal mediators who do not have connection with the modern

governmental legal institutions deal with wrongs including homicide, which is the gravest of

crimes. In addition to local mechanisms, considerable number of the Waliso also resort to

government court for legal redress when need be. Now I proceed my discussion on some of

the local mechanisms of dealing with conflict.

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 CHAPTER FIVE

INDIGENOUS MECHANISMS OF DISPUTE SETTLEMENT

This chapter discusses three indigenous mechanisms of dispute processing among the Waliso

of eastern Macha. The chapter focuses on relatively minor cases, which do not involve blood

price and guma rituals. It thus aims at orienting the readers about indigenous mechanisms

other than guma. It also shades light on some of the causes of dispute in the area.

5.1 Ilaaf- Ilaamee (Negotiation)

The Oromo culture encourages the disputants to settle their case on their own through

negotiation. Among the Oromo this sort of negotiation is called ilaaf- ilaamee. Such a

negotiation is possible between parties who have no difficulty in communicating and

negotiating over the issue at hand, and who really want the matter amicably settled. Asefa

(2001) interprets that the phrase ilaaf-ilaamee indicates the very procedure of the negotiation.

Ilaa means 'look' or 'listen' uttered by one of the two parties to start talking. It is a way of

calling for attention. The second party uses ilamee to respond to the first one. The suffix me

approximately means 'please', simply qualifies the politeness of the approach.

Although Asefa's explanation is quite good, my own ethnographic data does not lead me to

this conclusion. As such, there is no specific and very strict rule to begin with and proceed by

the negotiators. Rather, the first party may start with ilaamee or me, while the second

possibly say ilaa or me na dhagahi 'please your attention’. Hence, ilaaf- ilaamee refers to the

whole negotiation process and not the strict procedure to be followed, which is, of course, of

less important.

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Ilaaf- ilaamee negotiation is effective to settle cases, which the disputants want to keep secret

from others for whatsoever reason. It is also employed for minor cases, which seem trivial for

others to intervene and for the disputants to invite others. Disputes between individuals or

groups whose relationships are valuable to preserve are often resorted to ilaaf- ilaamee.

In the course of negotiation the disputants try all their best to persuade each other referring to

norms and values. They threaten each other appealing to the potential outcomes of the failure

to settle the case. Finally, they seek to arrive at the decision acceptable to both parties. Only

such a decision can be final.

5.2 The System of Jaarsa Araaraa

The second local mechanism of dispute settlement among the Waliso is jaarsa araara

system. The terms jaarsa and aaraara, literally mean elder and reconciliation respectively.

Thus, jaarsa araaraa refers to reconciliation through elders. In this context, the term elder

does not necessarily show age, but role. Any person who plays the role of mediator at a given

aarara proceedings is jaarsa regardless of his age.

Jaarsummaa system is mainly characterized by the presence of a neutral third party who

mediates between the disputants. The role of a third party as a mediator varies in degree from

case to case and the nature of the relationships of persons in the dispute. Where the disputing

parties have no serious problem in negotiating through face-to-face discussion, but are unable

to settle their own case on their own, a mediator simply facilitates so that the negotiators to

arrive at a decision on which both parties agree. A mediator or mediators often consult

disputing parties by referring to norms, values, and rules to move them to an acceptable end.

The jaarsa araaraas go further up to proposing solutions.

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On the other hand, a third party plays a more active role similar to what anthropologists call

arbitrator. The role of the third party as an arbitrator evolves either from its failure as a mere

mediator, or required from the very outset owing to the nature of the issue in conflict. Where

the disputants have serious problems of communication, the third party plays a pivotal role.

5.2.1 The Selection of the Elders of the Moot

Among the Waliso, the moot is an assembly of neighbors and elected persons to hear and

determine a particular case. There is neither specific number of jaarsas to hear a case nor

particular group of people eligible to sit in a jaarsummaa proceeding. Elders between three to

six are elected for a single case.

The criterion for selection is not age or kinship based. One is counted among those of the

moot by virtue of his good reputation, his extensive and good knowledge of the aada and

seera (custom and law) of the Oromo. Individual talent and experience in dealing with

conflict, altruism and willingness to give his time to reconcile the parties in dispute are also

important factors for selection. Of course, it is not uncommon that those individuals who are

believed to have proven ability to handle disputes are frequently called on to hear cases.

In addition, where possible the Waliso, choose gulas, especially for more serious matters.

Gulas as legislators, in the currently functioning Gada System, are believed to have the

knowledge of the Oromo law and are responsible to restore peace and harmony in the

community. It is also believed that Waaqa (the creator) responds to the prayer and curse of

gulas. However, women are not elected as mediators, except in a special case, which is

discussed at the end of this topic. This seems persistent to the past tradition of Gada court

system (discussed in chapter four, under 4.2).

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Regarding the procedure for choosing elders, I have come to the conclusion that it is roughly

divided into four. First, both parties may commonly choose elders whom they think are

neutral and would handle their case efficiently and impartially. The Waliso call these elders

as jaarsa waltajjii 'neutral elders.' Second, each of the parties may nominate elders from their

own side and comment on the nominee of the opposite side. In this procedure, too, the group

to be set is the one in which both parties put their trust.

Third, both parties may independently choose their own jaarsa whom they think would favor

them. These elders are called jaarsa bitaaf-mirgaa, meaning 'the elders of the left and the

right.' This mostly occurs where there is no chance of communication between the quarreling

parties for any contact between the two exacerbates the conflict. It also happens when the

offender who admits his offense takes the initiative to start negotiation. The offender chooses

elders and requests for settlement of the matter through elders. The other way round,

common among the Waliso is that the loser side takes the initiative for the negotiation. A

person may forward his claims through elders before resorting to other modes of dealing with

dispute, such as qaalluu court or government court. The condition in which the victim side

takes initiative to negotiate is more prevalent in marital conflicts. Women often report the

wrongful acts and misbehavior of their husbands to elders and demand to organize

proceedings for them.

Fourthly, a third party who is directly or indirectly concerned with a particular dispute may

also select elders and take the initiative for the reconciliation process. This is more common

in dispute arising between members of voluntary association. Though voluntary association

(iddir) members must be at peace with each other, they often fall short of the ideal and come

into conflict with their fellow iddir members. A dispute arising between iddir members is

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immediately recognized as the concern of the association. Once the dispute is reported the

necessity of healing the ruptured relations is beyond question. But how it should be addressed

is in the hands of the association. Either the case is brought before the assembly or treated by

a few representatives who act on behalf of the association. This is true of women's

associations, too. Women settle dispute between their fellow iddir members. However, if

their efforts fail, they refer the case to male mediators.

In principle, all the elders play a similar role, but in practice, based on their past experiences,

and their individual differences, they contribute differently. However, the outcome of such a

proceeding is believed to be the result of the joint effort of the mediators.

5.2.2 Dispute Processing

Jaarsummaa proceedings among the Waliso are held in open air under a tree at a convenient

place (see picture-7). Elders usually begin their deliberation with a prayer in which they ask

the creator (Waaqa) to be part of the proceeding. In their prayer, they also ask the creator for

peace, rain, prosperity, health, crop, children and cattle. They also curse sorcery, disease,

hunger, war and theft. They believe that the ultimate reconciliator is the creator whose

interests are possibly channeled through the words of elders. They often use the saying

'dhugaan ilmoo waaqa ti ' 'truth is the son of the creator'. They also believe that however

trustworthy and knowledgeable, a person is, dhuga (truth) may be bent in his hands for no

one is masterful of it, except the creator.

Once the deliberation is started, elders demand the disputants to be honest in providing

information and to be reasonable in claiming and counter claiming. Elders have certain

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formalities of hearing cases. Disputants are supposed to be precise and to the point. However,

by no means the litigants are restricted to the issue at stake, they could give irrelevant

information, narrate a long history of the dispute and probe into their former relationships.

They are therefore tolerated.

Whether or not the elders listen to the opinion, information and claims of each party in the

presence of the opponent is determined by the situation. Wherever the case is serious and

possibly provocative of further heated argument, the mediators employ a strategy of hearing

the claim of each in the absence of the opponent (cf. Lewis, 1984b: 96). Commonly, in this

strategy the Waliso elders send either of the parities or both, as condition dictates, some

distance away from the forum. They command the disputants by saying 'mee nu irraa

guddadhaa' or 'mee gurra nuu kennaa!' This literally means ‘please, grow up off us’ and

‘please give us your ears’ respectively. But in this context, it is to mean 'please go some

distance away from us' or 'give us chance to obtain confidential information and discussion.'

The claims of each party are reported to the opponent by the elders in such a way that they

cool down the temper. They report, without of course, distorting the main content of the

argument, but regardless of the manner of presentation, which would offend the opponent.

Oromo proverb 'jaarsi sobee nama araarsa' which means ‘elders lie to reconcile’ expresses

this system.

Through the flow of information, elders learn the real demand of disputants, and disputants

also learn the actual expectations of each other vis-à-vis their own. The elders gather full

information from the disputants themselves. It is uncommon that they look for witnesses to

testify the issue under litigation, except in few cases. Based on the information from the

litigants and rarely from witnesses, elders propose decision or encourage the disputants in

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dispute to make joint decision. However, in both cases the only decision to which both agree

would be final. The mediators would not dictate the disputants to accept their recommended

decision. But they try their best to avert the feeling of the contenders as a looser and urge

them to accept the decision.

On the other hand, time constraints also have little or no role in influencing the outcome. No

matter how long it may take, so long as there is a hope that the deliberation would be

successful, discussions continue for many sessions. Lewis (1984b: 96) confirms this. In this

regard, Kalemework (2000:55) in his study of the Ab'ala Afar with similar culture,

summarizes that the modern legal principle 'justice delayed is justice denied’ does not hold

true. However, my data leads me to a different conclusion. The Waliso stick at jaarsummaa

system and other traditional systems against the delay of justice. They unequivocally report

that jaarsummaa system is one of the time efficient mechanisms. They often compare it with

the woreda court of the government where cases remain unsettled for years.

Wherever the proceedings are successful in settling a dispute, reconciliation is symbolically

marked, i.e., they shake hands with each other and kiss one another (see picture-6). In

principle, mediators render services for free, but in practice they are mostly served local

drinks, especially araqee (liquor).

The Waliso enforce araara decisions through public opinion and ostracism. Lack of respect

for the aarara decision is believed to be lack of respect for the community's value and culture

and eventually lack of respect for the creator, as truth is said to be the son of the creator.

Despite these values and beliefs, the jaarsumma system may also fail to bear fruit. Such a

75
dispute case is taken to either qaalluu or to woreda court. Sometimes, it is simply handled

through avoidance, which they call wallin ooduu.

5.3 The Qaalluu Court

Every qaalluu center in eastern Macha is the center for litigation and conflict resolution. It

is not uncommon to see a large number of people gathered at qaalluu ritual centers to have

their cases heard. Regardless of differences in their prominence and size of followers, all

qaalluus have their own courts that render the services of settling disputes and maintaining

social orders. Such a court is believed to be held at a sacred place, supervised by the spirit

possessed by the qaalluu. As Lewis (1984b: 96) puts it, the court runs by the qaalluu and

sanctified by the spirit. This is well confirmed by Morton (1975: 78). Similar to jaarsummaa

system, the qaalluu court proceedings are held in open field under a tree at qaalluu ritual

center. But major qaalluus have also halls constructed for this purpose. The major qaalluu

have permanent judges of their courts known as jaarsa yaboo or jaarsa bokkuu (see picture-

8).Yaboo refers to the qaalluu court (see also Lewis, 1984b: 97)

5.3.1 The Selection and the Role of Jaarsa Yaboo

Personal relations with the qaalluu, one's good reputation, wisdom, honesty, thoughtfulness,

and willingness to serve at qaalluu court come into play in choosing the yaboo elders. In

addition, as Morton (1975: 78) states, a person serves as a judge in this court if and only if

the spirit validates the selection on moral ground. There is no limit to the number of elders

who see the case and make a decision.

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A qaalluu acts personally as a yaboo elder either with others or alone. As a secular judge the

people around assist the qaalluu. He often invites them to voice their opinion and make

judgment. The final verdict is pronounced by the qaalluu. This final verdict is not necessarily

the decision of the qaalluu or his yaboo elders. Rather, it could be proposed and substantiated

by one of the attendants of the qaalluu court. The court is an assembly of followers of the

qaalluu who have full right to comment on any case that appears before the court. It is

believed that what matters is not who speaks, but the supervision of the spirit from above.

Morton (1975:78) reports similar procedure of qaalluu court among the Ada'a Oromo. Cases,

which are sufficiently complex, and those, that involve many persons are mostly referred to

yaboo elders for thorough investigation, no matter how long it takes them to discern the truth.

5.3.2 Types and Context of the Cases of Qaalluu Court

The Waliso take case, which from their very nature involve spiritual beings, for instance,

cursing to qaalluu. Curses are pronounced in the name of the spirit (ayyaana). Its resolutions

are also possible only by the spirit. Of course, people employ avoidance too to manage such

a dispute. Secondly, cases are appealed to qaalluu if the injured parties are unable to testify

the truth of the case before the woreda court, or if the jaarsummaa system bears no fruit. The

qaalluu never dismisses a case on the ground that the evidence is not conclusive enough. The

defendant possibly proves his innocence through oath in the absence of any witness. The

failure or refusal to take oath to prove one's own innocence is an indication that the person is

guilty.

Thirdly, a plaintiff who knows that his opponent believes in the spirit and would not by pass

it, takes his case to a qaalluu. In doing so, the person can make use of the golden opportunity

to secure an effective and efficient outcome. Individuals often make strategic move from

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other options to the qaalluu court based on the context of the relationships between the

defendant and the qaalluu in person and his spirit. Consequently, even, plaintiffs who do not

trust the qaalluu and his spirit appreciate the qaalluu court as an alternative way of dealing

with cases.

Fourthly, the other way round, regardless of whether or not the offender is willing to respond

to the yaboo elders or/ and qaalluu, a plaintiff faithful to the qaalluu and his spirit would not

by pass this court. Such a believer in the spirit goes to the qaalluu with two options: either to

get his case resolved or to be permitted to try any other alternative, including the invoking of

the spirit. Fifthly, people appeal to qaalluu for the mere fact that it is easily accessible and

economical. The court is a ready-made one. They pay no fee or pay only small sum of money

that is not more than ten Ethiopian birr.

In this regard, Gulliver's (1979:24) repudiation of the view of the strict correlation between a

particular mode of conflict resolution and the nature of issue in dispute is relevant to the

Waliso case. What matters is the context rather than the type of case. The relationships

between dispute and its resolution is determined by the context.

5.3.3 Methods of Handling Cases

Once a dispute case is in the hands of the qaalluu, it is not common that the efforts fail to

bear fruit. An applicant orally presents his case to the qaalluu. The latter immediately serves

summon (qalaaxee) on the accused through one of the attendants of the court. A person who

is served summon is supposed to respond, no matter who the messenger is. Any contempt for

such a summon equals to a contempt for the spirit in the name of which the person is

summoned.

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The qaalluu proceeding has no filing system; rather it is the parties in dispute, mostly, the

plaintiff that reminds the qaalluu or his judges that he/she has a case to be called on. The

standard way of forwarding such a request is to get up and say 'galata yaa goftaa koo!" O!

Thanks my lord! As the case is called on for hearing, a concerned person comes forward and

kisses the earth in front of the qaalluu at some distance (about five meters) to show great

respect to the spirit of the qaalluu and the qaalluu himself.

Claims and counter claims are heard under required formality, each talking when allowed or

asked to. In practice, of course, contenders often break this rule and interrupt each other, but

elders are tolerant of it. In the meantime, disputants are supposed to show respect for the

elders, speak only politely, be tolerant, and above all tell the truth. It is believed that the

ayyaana easily identifies the truth and falsity of the information, and the worthiness and

unworthiness of the claims. The reliability of the information stems from the belief in all

knowing spirit.

In addition, disputants have a chance to testify their cases through witness. Only with the

assumption that there would be no valuable information left behind that the judges give

verdict. Otherwise, additional summon is served on the people who are directly or indirectly

thought to have roles in the matter at hand. The following is an example of such cases I

observed at Ancabbi qaalluu center and later on interviewed the plaintiff.

Case 1

Mirgoo, in his late twenties, married Caaltuu by elopement. Soon he sent elders in
request of her parents to accept the marriage. They initially refused, but through time
and after continuous request, they agreed to accept the marriage. Payments, including
bride wealth and compensation for his in-laws were agreed upon and made.

However, something an expected has happened through time. The girl has run away
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 to her parents taking with her as much equipment, especially clothes, as she could
carry. Mirgoo could not take his case to the woreda court for he feared that the court
might interpret the marriage as abduction and the girl too might falsely testify it under
present condition. He knows that abduction is said to be a serious crime in the
government court. He could not also ask his in-laws to have his wife returned for the
matter has not been concluded yet.

On the other hand, he knows that the girl and her parents are faithful to the ayyana of
Araarsaa Sibiluu that they would never by pass it. Consequently, though he does not
trust the qaalluu and his spirit, the qaalluu court at Ancabbi is the only and the best
alternative where Mirgoo better appeal his case.

On October 6, 2001 Mirgoo and his-in-laws (Caaltuu’s father and brother) attended
the court. The qaalluu asked both parties to present their claims turn by turn. Mirgoo
reported the whole history and lastly demanded to get his wife back. The father of
the girl claimed that his daughter was abducted and hidden somewhere for the last
ten months by Mirgoo. Now she has returned home and already reported the case to
the woreda court. The term woreda court was used to threaten Mirgo

Mirgoo insistently argued that he did not abduct the girl, but she eloped with him on
her consent. Having heard the claims of both sides, the qaalluu decided for further
investigation. He served summon to Caaltuu as the accused, and three other people
who accompanied Mirgoo on the day that the girl was taken to his home to witness
whether it was by elopement or abduction.

A plaintiff who is unable to produce evidence to attest his claims may request his opponent to

swear (kakaa) in the name of the spirit. This is an effective and ready-made alternative

people often resort to. The following is an example of this kind that I observed at Ancabbi.

Case - 2

The owner Yaadashi, whose former husband was a friend of the accused, accused a
man, in his late thirties, named Daaka of arson of a shelled grain in a field. She named
him as defendant on mere suspicion that stemmed from their past grudges.

On October 6, 2001, the summoned reported to the qaalluu court. As their case was
called on for hearing, Daaka denied that he committed this sin. The qaalluu asked the
women whether she could produce evidence or not. She disclosed that she could not,
and she demanded the person to prove his innocence by swearing in the name of
maraam-goolam spirit. Both the qaalluu and the accused agreed. The qaalluu
instructed the man to swear. The following is the full text.

Q- qaalluu, Y - Yaadashi D - Daaka

Q. Requested Yaadashi to repeat her accusation in short.

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 Y. (Addressing Daaka) you burned my grain.
Q. Instructed Daaka to deny
D. I did not burn your grain.
Q. (Addressing Yaadashi) would you like him to swear or one of his lukoos
(representatives) to swear for you in the name of the spirit.
Y. I prefer him to swear.
Q. (Addressing Daaka) repeat what I say after me, miidhaan kee ani hin gubne,
yoon gubee dhokse lubbuu koo maaram-goolam haa dahu, which means, I did
not burn your grain, if I burnt and denied it, may maaram-goolam take my life?
D. Repeated that whole sentence after the qaalluu.
Q. Instructed Daaka to request Yaadashi to withdraw her accusation.
D. I swore, so would you please withdraw your accusation?
Q. Instructed Yaadashi to respond positively.
Y. I withdraw it.
Q. May maaram - goolam search for the guma of your grain!

Murmuring of the attendants in the sense of supporting followed the qaalluu’s last
statement. The verdict whether or not Daaka swore falsely was thereafter in the
hands of the spirit by the name of which Dakaa swore.
.

With the refusal of responses by the accused, the plaintiff may simply appeal to the spirit to

intervene. According to the chief qaalluu I interviewed, people usually respond to the

summons. But I have witnessed cases in which the plaintiffs appealed to the spirit on the

ground that the defendants refused to report. For the time being, curse prevents the cursor

from using any other means to enforce his interests. Yet the dispute is not settled but changes

its nature. Such a case often reappears on the forum of the qaalluu court as relatively more

complex issues, with the unsolved initial dispute and its resultant, the curse.

5.3.4 Enforcing Mechanisms

The decisions of the qaalluu court are believed to be enforced by the spirit. Contempt for the

court's decisions offends the spirit that is powerful to harm the offender, his family, his cattle,

his crop and his descendants up to seven generations. The fear of spirit that stems from the

ideology of punishment by the spirit, of course, makes individuals to confess themselves

culprits. These mystical sanctions apparently explain the enforcing mechanisms of the qaalluu

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court. However, in its practical sense, I argue that besides religious factors, there are cultural,

economic and political factors that come into play for the effectiveness of the qaalluu court.

The qaalluu system is highly value oriented. The elders or/ and the qaalluu appeal to values,

traditions and Oromo indigenous laws. The agents assist the parties in dispute to arrive at

joint decision and to share the pain of losing. They usually mediate and rarely adjudicate. If

adjudicate they still appeal to Oromo seera (law) made by gulas every eight years. As in the

jaarsummaa system, the qaalluu court equally focuses on the relationships between

disputants as it does on the dispute itself. Restoring of peace and harmony rather than

punishing the offender is the objective of the court. In addition, users of this court feel that

the qaalluu court is native and its verdict is more of educational as opposed to government

court, which they think is foreign to their culture and takes punitive actions.

Moreover, the chief qaalluus of eastern Macha were and still are wealthy people who could

easily mobilize their resources to extend their influences. They could win the supports of the

poor peasants in the area owing to their wealth. They help the needy. Consequently, people

want to please the qaalluu whom they consider as their patron. One way of doing this is to

take their cases to the qaalluu court and to abide by his decisions. The qaalluu court is also

effective in both time wise and economically. Cases are settled relatively within a short

period of time. They know that justice is delayed at the formal court. In this regard, my data

confirms Lewis (1990: 53-57) who describes the role of qaalluus in conflict resolution and

the mechanisms of extending their influences among the eastern Macha.

To conclude, this chapter has attempted to describe and discuss three different peaceful

modes of handling disputes among the Waliso. These mechanisms are categorized in what

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anthropologists termed as negotiation, mediation and arbitration. A kind of hierarchy of these

modes is also observed. At the lowest level is ilaaf-ilaame. In the middle is jaarsummaa

system and at the highest level is the qaalluu court.

Ilaaf-ilaame of the Waliso seems to fit into what anthropologists call negotiation. From its

very nature, in ilaaf- ilaame, negotiators tolerate the pain of loosing. The final decision they

seek for is, therefore, what Gulliver (1979:5) states as "joint decision" or what Schellenberg

(1996:154) calls "a mutually satisfactory agreement." In this regard, I agree with Asefa

(2001: 9) that the Waliso practice what Singer termed as "win- win" negotiation. Win-win

negotiation is the kind of negotiation in which the pain of loosing is fairly distributed among

the disputants.

On the other hand, the jarsummaa system that is characterized by the presence of a third

party mediator seems to fall under mediation. Nevertheless, among the Waliso, mediation

and negotiation are not exclusive to one another. The role of mediator in jaarsummaa system

varies across the contexts. In some cases mediators are mere facilitators of the negotiation.

The same system however, takes the form of arbitration in which the mediators play active

role and appear as third party decision-maker.

Similarly, it is noticeable that the qaalluu court seems to have the role of both mediation and

arbitration. The qaalluu court mediates and assists the disputants to negotiate, but whenever

its efforts fail, it evolves into arbitration. The Waliso, in fact, think that arbitrators at the

qaalluu court are not the yaboo elders or the qaalluu in person, rather the spirit, which is

believed to have supervised the proceedings. The court also permits an appeal to the spirit

known as qabsiisa, which is none of the three modes. Qabsiisa is deflection of a dispute case,

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similar to what Gulliver (1979:2) puts as "burying the dispute in the dispute." In general, it

is therefore not easy to make valid exclusive distinction between negotiation, mediation and

arbitration across these three modes of dealing with conflicts among the Waliso. The next

two chapters are devoted to the discussion of the guma, which is another local means of

conflict resolution.

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 CHAPTER SIX

THE JURIAL RESPONSIBILITY OF HOMICIDE

Homicide among the Macha is a serious offense and an anti social act. It may be followed by

at least two reactions: by ritual of purification and a special form of compensation called

guma. In this chapter, the payment of blood price and the role of lineage in jurial

responsibility of homicide are discussed.

6.1 The Term Guma

The term guma loosely used for different concepts. Taking into account strictly the context in

which it is employed, captures a wide range of meanings (see also Tilahun Gemta,

1989:278). For the speaker of Oromo language, the term has the meaning of vendetta,

vengeance and revenge. Gumaan Koo hin haftu literally means ‘my guma would not remain.’

Contextually, it means ‘I would avenge’. Guma also refers to blood price or compensation

that follows homicide or serious bodily injuries. Gumaa baasan, meaning 'they paid blood

price', and gumaa fudhatan, meaning they 'received blood price'. Also, guma is employed to

mean feud. Nuti warra guma ti, meaning ‘we are in feud with them'. Similarly, it refers to

the ritual of purification that follows homicide.

The term still loosely refers to a hunk. Foon guma tokko, meaning 'a hunk of meat'. It also

denotes an ear or spike of grain or grain of crop, midhaan gumaa tokko hin qabu, and ‘I do

not have even a grain’. Gumaan qamadii kanaa ammam gaha! ‘How big the spike of this

wheat is!’ When someone says, dubbiin kee guma hin qabu. The term has the meaning of a

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substance, which means ‘there is no substance in what you say’. Guma, further, has the

meaning of pupil. Guma ija isaatu bade, 'he lost the pupil of his eye'. However, throughout

this thesis, I strictly employ the term guma as blood price or compensation. I also employ it

as a mechanism of conflict resolution that the Oromo have practiced and still practicing to

handle dispute cases that involve homicide or/ and serious bodily injuries.

The semantic analysis of the term guma shows that the term is derived from an Oromo term

gumaa’uu, which means to unite or to cooperate. Guma as a hunk of meat refers to flesh,

which is naturally inseparable and tied together. The touch of any of its part irritates the

whole. Here the term is associated with compactness or oneness. Appealing to the actual

practices that follow, homicide could further substantiate this meaning of the term guma. Any

homicide, in principle, calls for payment of guma (blood price) and vengeance. Both require

cooperation among the respective lineage members. Individuals are part of the bigger body

who could play their roles within the context of the cooperating unit. They are said to be of

one flesh, the hurt of any member amounts to the hurt of the lineage. Once again, the term,

therefore, refers to the act of cooperation among a given lineage members.

In addition, the meaning of the words with similar sounds such as gumii, meaning ‘club’ or

‘assembly’, gurmaa’uu meaning ‘to be organized’ and gumaachuu, meaning ‘to organize a

gift indicate that the term guma has as its root gumaa’uu (to cooperate).

The Waliso do not have clear explanation of the Origin of guma practice, but they attest that

it has been in function since time immemorial. Similar practices are, of course, quite common

and widespread in African societies. However, there is no ground to argue that the practice is

a foreign element. Guma, among the Oromo, still is in function within the context of Gada

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institution that is at its highest peak of complexity compared to the age organization of east

African societies. Hence, it is safe to suggest that guma is one of the many indigenous

mechanisms of dispute handling devices evolved by the Oromo under Gada system.

6.2 The Immediate Consequences of Killing

Like other Macha groups (Bartels, 1983), and African societies such as the Nuer (Evans -

Pritichard, 1940), the Aba'la Afar (Kelemework, 2000), the Gurage (Shack, 1963, 1969) and

the Arusha (Gulliver, 1963) a murder among the Oromo concerns not only the man who has

committed it but it involves at least three different parties: the slayer, the slayer's agnates and

the victim's agnates.

6.2.1 The Slayer

A person who slays another person has to abscond himself under the assumption that he is in

imminent danger from the retaliation of the slain's relatives. The injured party is supposed to

embark on vengeance. Hence, in seeking protection from the vengeance he has incurred, the

killer takes refuge with his relatives far from the victim's relatives where the latter could not

get at him. The whole family members of the slayer also run away.

During this time of seclusion, the slayer's premise is abandoned. The Waliso call such an

effect as qe'een isaa gofofaa'e. The statement has a connotation that is negatively loaded. It

implies the condition in which somebody's premise is totally abandoned, and weeds grow,

home remains closed, farmlands around stay uncultivated. This is the first devastating effect

the slayer may suffer in the context of Macha's culture that attributes great value to premise

(qe'e). To the contrary, it psychologically recompenses the bereaved relatives. It is a form of

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satisfaction for the pain caused by the slayer, for it means that the slayer loses his premise as

they lose the slain.

Theoretically, the Waliso believe that the slayer stays in refuge only until the negotiations for

settlement are finally concluded. However, the duration of the seclusion varies from few

months to life long exile. Many factors seem to contribute to the effect. It could be for

relatively longer time under the fear of government intervention, i.e., the threat of detention

and fear of vengeance even after reconciliation. Geographical proximity and social

interaction between the two groups under which conflict could easily revive and. when the

killing is an intentional also elongates the seclusion time.

6.2.2 The Lineage

Among the Waliso, lineage is responsible for the deliberations and jurial processes

concerning homicide. The role of lineage in homicide case is expressed through the saying

'guma lammitu basa,' which literally means guma is the concern of lineage. In this context,

the saying has double meanings. First, it indicates that killer's lineage is corporately liable for

the act of killing and responsible to compensate. In other words, they are responsible to pay

blood price to the lineage of the slain and to take initiative of ritual of purification. The

payment of guma is at the center of jurial responsibility of homicide. It intends to appease the

feelings of the injured through compensation. It helps to achieve a rapprochement between

the parties at feud and avoid the sense of vendetta that would in turn lead to another vendetta.

Fear of retaliation is, therefore, one of the principal motives for payment of guma.

Secondly, it has the meaning that vengeance is the most binding obligation of agnates of the

slain person. They may be on the lookout to avenge, for it is humiliating to neglect such an

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offense against their member. Theoretically, the Waliso believe that it is not necessary to take

revenge on the person of the killer himself; rather vengeance could have been executed upon

any one of his kinsmen. Especially, on the male line, those who are related to the slayer up to

the seventh generation are said to be potential targets. Irrespective of the killer the Waliso

consider his lineage or/ and his clan as slayer. They often call the killer by his clan or/and

lineage name. They say, for instance, Maaruutu ajjeese, meaning ‘Maruu killed’ while

Maruu is the name of the clan named after its founder.

Despite this belief, practically, there is no non-culpable homicide among the Waliso. There is

neither institutionalized feud nor practice in which a vengeance killing has been made and the

matter is considered settled and terminates further retaliation. They never encourage self-help

and force mobilization to avenge homicide. Meanwhile, my Waliso informants attest that

they have never experienced such a killing for vengeance. Instead, avengers often retaliate by

molesting huts, destroying premises, setting fire to house and grain in the field, slaughtering

cattle, etc. of the assailant.

Idris (1990:29) states that the traditional Ethiopian penal philosophy before the adoption of

the 1930 penal code provides the choice between the condemnation of the murderer to death

and the acceptance of blood price to the victim's relatives. However, I totally disagree with

Ibrahim, because the Oromo culture and indigenous law have never provided such options.

Instead, the voice of forgiveness is supported by the culture and embedded in the very Oromo

law. In the mean time, the issue of murder has never been and still is not the concern of

individual slayer among the Oromo. If the slayer is habitually of a violent nature, it is rather

his lineage that would not consider his life worth redeeming. They could deny him clan

protection and take any measure against him including capital punishment or life long exile.

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Hence, if Ibrahim's article talks about Ethiopia including Oromo, the latter are totally

misrepresented.

6.3 Scale of Compensation

Blood price payment among the Oromo varies across time and space in both its nature and

amount. Until recently, the Waliso have paid redemption for the loss of life in cattle. But

there is no agreement among my informants regarding the number of animals. Some say

hundred, others say fifty and still others reduce it to ten heads of cattle. Despite this

disagreement, some of the current practices indicate that the number is hundred. According to

Taddesse (2000:52), in principle, the Guji Oromo still compensate homicide with about

hundred cattle.

However, among the Macha in general and the Waliso in particular, blood price in cattle has

been changed into cash sometime in the first half of the nineteenth century. At an initial

period of this change, the amount of blood price was hundred dhagara. Dhagara is a silver

coin at one time the most popular and valuable monetary unit in Ethiopia, probably Maria

Theresa dollar (Tilahun, 1989:138)

The diminishing number of animals, contact with other people and the introduction of

currency as standard for monetary transactions were some of the factors that induced the

change. Currently, guma does not vary across social strata, age, sex and blood ties. The

Waliso reject such a differentiation based on the view that a life is a life whoever is the slain.

But guma is differentiated based on whether the homicide is cold-blooded murder or an

accidental one.

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The Waliso consider the circumstances under which killing occurred to categorize homicide

as an intentional or accidental. A killing is intentional homicide when the doer commits an

offense with a view to producing it. In other words, homicide is said to be intentional when a

man has cold-bloodedly planned in advance to kill his opponent based on previous ill feeling.

Currently such a killing is compensated with ten thousand Ethiopian Birr.

On the other hand, an unintentional homicide implies a killing committed without intent to

produce it. It is also not premeditated when a person commits the killing in the context of

self-defense of any kind or committed on a sudden impulse. This is compensated in reduced

scale that ranges form five thousand to seven thousand Ethiopian Birr. The amount is taken

as a greater deterrent among the Waliso. Hence, the motive for the act underlying homicide

deserves entire consideration in deliberation and judgment. The jurial distinction between

kinds of homicide is more profoundly expressed in the amount of blood price.

In spite of the considerable changes that the amount of compensation has undergone, the

Waliso still have a formally set law of compensation payment that corresponds to the offense.

They are, in fact, able to produce substantial explanations for the scale of compensation and

fine they have formulated. For instance, the punishment and restitution for bodily injuries

depend, firstly, on the seriousness of the injury sustained. If disabling is serious and

permanent, it leads to more fine and compensation than when it is a temporary one. In the

past, whenever the injuries were serious, the Oromo have handled the case under provisional

decision in which the offender has been liable to heal the wound by nursing the injured. The

final decision regarding compensation was given based on the result of the nursing. However,

currently, such a practice is non-existent among the Waliso, as decisions are passed based on

the initial degree of damage.

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Secondly, the fine and compensation vary across the part of the body that is harmed. For

instance, depriving or disabling a man's left hand is more serious than right hand. The former,

according to them, procreates a child. The idea is that an old man, for that matter, anyone

who is physically disabled, can use his left hand to support his male organ to send to the right

place to beget a child. This is relevant to the physical position of male/ female sexual partners

at a time of intercourse. As male lies on the right hand side, it is his left hand that is free to do

the job of supporting. Hence, left hand is associated with procreation and continuity of a

generation that deserves great value in Oromo culture. Similarly, they give much more value

to molar teeth than incisor for the former is grinder and has much to do with one's very life

than the former. Tedecha (1988: 185-196) and Dinsa (1975:91-97) also present that the

Oromo establish a legal system to punish the wrongdoer in accordance with the weight of the

offense.

The present scale of compensation, among the Waliso, has been in operation for the last eight

years under the reign of the present Gada set (Gada Horata). The Gada officials have

documented the law in a written form, yet unsystematic. The law is very elaborate and

detailed. It has touched every issue of social life, but for my purpose, I present below, in table

6, some of these laws that concern major offenses involving compensation.

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Table 6 Scales of Compensation and Fine (in Ethiopian Birr)

No Type of Offense Compensation Punishment

. Wanton homicide 10,000 2,500

1 Murder Accidental homicide 5,000 500

Spearing 5,000 1,500

Serious Broken skull on the center or at the back 2,500 750

2 Physical Broken skull on right or left side 500 90

injuries Disabling right hand 2,500 750

Disabling left hand 2,570 771

Breaking leg (right or left) 2,500 750

Striking eye 3,000

Breaking molar teeth 2,500

Breaking incisor teeth 500

Cutting ear 1,500

3 Damaged Arson 10,000 5,000

property Stealing a heifer 500 100

Stealing a bull 1,000 200

Stealing a horse 1,000 200

Source: Waliso Gada law

Despite the laws that the mediators could apply, the payment of compensations among the

Waliso often entails other factors that interfere. They are negotiated and changed.

The circumstance of homicide, in principle, is relevant in deciding the amount of blood price.

Nevertheless, the decision, whether a particular homicide is accidental or premeditated,

highly involves subjective considerations. In addition, the following factors affect both the

process and the amount of blood price regardless of the circumstance of death.

• Social ties between the two parties that push towards speedy reconciliation.

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• The social, economic and political status of both parties that favor further litigation and

progress through the government court.

• The intervention of government that indirectly urges either party, especially the offenders

to submit to the demand of their opponent, though it is unjust.

• The chance to resort to other options that would provide advantages to either party.

The following case shows how government intervention has affected the amount of blood

price and the whole course of event.

Case-3

Monday June 12, 2000 was a market day at small rural village Boda. Bultii and
Tarreessaa drank in one of the houses where local alcoholic beverage (taji) was. They
were also neighbors, at peace with each other. They were from the same clan. However,
on this occasion of drinking, Bultii and one of Tarreessaa’s companions from another
village quarreled. Tarreessa attempted to cool them dawn, but Bultii who often
misbehaved gave Tarreessa a blow on his head and wounded him with a club. The injured
soon went to a clinic at the other edge of the village. As the news of the quarrel broke
Tarreessa's brothers arrived at the clinic. While the injured was under treatment, his
brother Beekaa who was in the compound of the clinic was attacked and received a cut on
his head from Bultii.

Beekaa did not take any retaliatory action at the spot; rather he hurried to his home that is
about a kilometer away from the market place. He picked up a bomb and came back in
search of Bultii. Beekaa threw the bomb at Bultii, but he missed him. Instead, Bulti's son
of about ten years of age was murdered at the spot and a girl of about sixteen years old
from the same village was seriously injured. The case was reported to the police, but the
slayer was not arrested, for he took refuge with his relatives somewhere. The immediate
lineage and the rest of Beekaa's brothers worked on the case to be handled through guma.

Accordingly, the gulas who intervened categorized the killing as intentional and decided
the compensation of ten thousand Ethiopian Birr. However, as one of my informants who
was also an active mediator of the case attested, their decision was under great influence
of government policy towards unregistered firearm in the hands of individuals that the
slayer used. Had it not been for the fear of government, the killing would have been
categorized accidental and only a blood price of five thousand Ethiopian Birr would have
been decided. In the mean time, the injured side was responsible for the very cause of the
clash.

Despite this bias and misinterpretation of Waliso's law in favor of government law, the
paying group admitted to progress through guma and made a payment of five thousand
Birr (half of the total amount). But eventually, the police could arrest the slayer based on
the information provided by Bultii himself.
The detention of Beekaa has been followed by two major events: firstly, the
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 guma process has been interrupted. Secondly, the act of Bultii offended his lineage. As a
result, they declare that the family is forbidden any lineage protection. Following this
decision, Bultii's father who was in fact thrown into a panic soon died. People have
attributed his death to the supernatural vengeance in response to Bultii's misdeeds.

6.4 Contribution and Distribution of Blood Price

6.4.1 The Collection of Blood Price

In principle, blood price is paid by contributions from a clan or lineage of the killer.

However, in practice, different sections of kinsmen of the killer, the affines, friends,

neighbors, self-help association members non-kin to the slain also contribute. In addition, in

the former times, a slayer could beg for contribution of blood money at market places where

the victim's relatives could not get at him. The chain hanging on his hand marks such a

begging. The chain shows that his hands have committed a serious offense and he is morally

and culturally under detention though he is physically free. Every body responds by

contributing money.

Since very recently such an official request for contribution of blood price by the killer has

happened only in very rare cases. It is therefore possible only under specific conditions. I

have already mentioned elsewhere when a killing is discovered the killer fails under the

threat of being arrested by the police and sent to prison. Thus, slayers have been forbidden

free movements to collect money. However, there are instances in which a killer is declared

innocent by the government judiciary offices, but the former insist to pay guma to purify

himself from the sin he has incurred (See case 10, chapter seven).

The Waliso have certain formality in contributing and collecting blood price. The process

starts by the ritual known as sedaa buluu held in the residence of the killer or one of his close

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agnates. The term sedaa buluu refers to making of earnest promise to collect the money and

free the slayer, as a point of honor. Usually the lukoo (discussed under 3.4, chapter three) of

the slayer on the father's line and an uncle (or someone who could act as an uncle) on the

mother's line are the two personalities liable for the collection of the money.

Whatever its source, the male line is responsible to collect two third of the total, whereas the

rest is covered by the mother's side. The two representatives in turn give the responsibility to

the lineage leaders. People in the lineage are supposed to contribute as much money as

requested (usually it never exceeds ten Ethiopian Birr) through their lineage leaders. Failure

to contribute has both secular and spiritual consequences. Secularly, the backsliders loss

lineage protection and support in time of need.

Moreover, lineage representatives can take their properties that are more valuable at that

particular time by force. For instance, they take sickle if it is the time of harvest and yoke if it

is the time of plough. The act is known as heerrata. The term is derived from heera that

means law. Heerrata here implies to force some body to abide by the law. Whenever the

person is under the punishment of his lineage for his misdeed, the intervention of the third

party never happens. The Oromo proverb ‘kan lammiin hidhe lammiitu hiika,’ which means

'he who is imprisoned by lineage can only be set free by lineage' refers to this fact.

The spiritual consequences of being disloyal to one’s own lineage seem to be more powerful

and binding. The Waliso believe that refusal to contribute blood price would definitely

disgruntle not only the person who requested but also the superrme deity (Waaqa). So, the

person would suffer from similar offenses. Below is a case relevant to this belief.

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 Case-4

Sometime in 1985 Aagaa was asked by a group of lineage leaders to contribute two
Ethiopian Birr in support of his lineage member who was to pay guma. But as Aagaa
himself told me, he refused claiming that the slayer shot the slain for he involved in
illegal firearm trade that he should not. The leaders cursed him saying 'kan akkanaa sitti
haa fidu,' meaning, 'may the creator give you similar danger!' Aagaa, in fact, killed a
person after only fifteen days. He automatically ascribed his fate to the cursing.
According to him, he has still never recovered from the effect for he has not been
cleansed of the blood he has shed.

Lastly, the Waliso believe that any money collected for guma can only be used for this

purpose. In case the amount collected exceeds the amount to be paid, the surplus is offered to

other person for only similar payments. Otherwise, any misuse of such a money or mixing it

with one's own belongings results in grave danger. It is traditionally believed that if one uses

it with no reason, it amounts to sin. The supreme deity would release another incidence of

similar accident upon the user or/ and his family as a punishment. They also think that the

creator (Waaqa) is the prime auditor of such contributions.

6.4.2 The Distribution of Blood Price

The Waliso divide guma into two categories. These are guma proper, i.e., the portion of the

amount that is said to be directly for the loss of life (gatii lubbuu). As to its amount, the

Waliso strictly follow the past traditions. It has been and still is one hundred dhagara (Maria

Theresa dollar) when changed it must be equal to one hundred fifty Ethiopian Birr. The

second and large portion is said to cover burial, medical, court, etc expenses, and

compensation for those who would be economically beneficiaries of the life of the slain.

Hence, the Waliso distribute only the guma proper among certain categories of kinsmen

eligible to share. These categories are relatives of the slain on both male and female lines

with not more than a distance of three generations. Distribution of guma is persistent

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to the pattern of its contribution, i.e., the male line takes two-third of it and the rest goes to

the female line. Nevertheless, in practice, relatives could claim a share from the second

portion, too. The claim is based on the direct or indirect economic support they have

provided in the course of events pertaining to the death of the person. However, unlike other

African societies such as the Nuer of the Sudan, ghost marriage is unknown among the

Oromo and guma is never used for such a purpose.

6.5 Homicide Within and Outside the Lineage

The structural relationships between the slayer and the slain are irrelevant to some of the

events following a murder among the Waliso. There is no variation in the ritual of reparation

across the structural distance between the groups involved, for it basically rests upon the

principle of blood for blood.

Likewise, the Waliso believe that any loss of life should be compensated irrespective of the

ties between the slayer and the slain. However, if a killing happens to be from within a

lineage, sub-lineage or clan, the paying and the receiving units in the descent line would be

determined according to genealogical proximity to the slayer and the slain. Those who are

genealogically in the proximity to the slayer are liable to the death and to compensate,

whereas those who are nearest to the slain form the avenging group that is also the receiving

unit. If killing is within the nuclear family, the male line is categorized as the paying group,

while the female line becomes the receiving. The following case shows a killing that

occurred within an extended family.

Case-5

Tulluu and Turaa were brothers who lived on the same premise they inherited from their
father. They were in constant clash over a piece of farmland and grazing field. One day in
1973 the two brothers started fighting. Children and wives from both sides were around.
As Tulluu threw a stone at his brother, the stone landed on the daughter of Turaa
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 who was about five to six years old. She soon died. Except Turaa and his children the
supposed vengeance unit was at the same time liable to the killing. Hence, the slayer was
not in imminent danger from the vengeance of the lineage.

The case was not even reported to the police; instead the lineage handled it through guma.
The male line except Turaa appeared as paying group, whereas the female line of the
slain appeared as victims and they received compensation to meet the loss of the girl. The
ritual of purification was performed.

However, with the request of Turaa, the slayer left the area and stayed in the extreme
western part of Shoa around Jibat. But after sometimes, the two brothers' relations had
progressively revived for the good. Eventually, fifteen years after Turaa returned to his
birthplace, he lived the rest of his life with his brother in peace and died in 1993.

The role of structural distance between the groups at feud is more prevalent with the

reconciliation and post guma degree of reintegration. Feuds are settled and controlled with

comparative ease, when it is between groups with narrower structural distance. In other

words, the closer the structural relationships between the participants, the more quickly the

blood feud is settled. This is so, as a state of feud bears more inconvenience and makes life

intolerable without final settlement with more closely related groups than between different

lineages.

I argue that the threat of government intervention also produces substantial explanation as to

why a killing within a group with strong ties is more submissive to guma procedure. It would

be a pity for a lineage, or family to lose two of its members at the same time: one by death,

the other by imprisonment. Hence, they do not let the culprit be sent to prison. In feuds

between groups with extended structural distance, prison could be an option to avenge the

killer and his agnates.

A structural proximity does affect not only the process of reconciliation but also the post

guma degree of re-integration of the participants. In fact, the gulas admonish the parties at

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feud at the ritual of purification that the feud is ended. Hence, guma formally ends the feud.

However, the Waliso recognize that homicide is an injury gravely resented and could survive

any formal settlement. In spite of payments of guma and ritual of purification that marks the

mending of the unity of the parties, the dead man's kin never forgets and never ceases to bear

grudges. The people on both sides remain warra guma 'people who are in feud.' Of course,

once guma is over, there is no overt hostility. An Oromo proverb 'madaatu fayya malee

garaan hin fayyu,' means ‘a wound heals but a scar in heart does not', expresses that a feud

never ends. Another proverb, 'haaloon madaa guyyaa shan haaloon du'aa waggaa Shan.'

‘A grudge for wound lasts for five days but that of homicide lasts for five years,' indicates

how enmity though latent goes on for decades and even for generations. They also employ

avoidance to manage the persisting latent hostility that could lead to the revival of an old feud

under certain occasions that can raise emotions.

Nevertheless, my data leads me to the conclusion that such persistent enmity between the

participants varies both across structural distance and time span. When the structural distance

between the parties is narrow less enmity persists and it is less likely an old feud may revive

and vice versa (see case 5). Similarly, the longer the time of homicide, the less the degree of

enmity persists, and the less likely the feud to break out. Consequently, it is less likely that

the parties seek to avoid one another. The following case relates to this view.

Case-6

In 1998,the leaders of the Michille Gada party celebrated the opening butta ceremony of
the age grade. Kumaa and Dhuguma from Kubee and Gabaroo clans respectively were
invited to the feast. On such an occasion normally people sing the song known as sirba
folle ‘folle songs' in which the singers praise the organizer of the feast and receive local
drinks and cultural food known as cukko and caccabsaa, and some times money. Kumaa
and Dhuguma participated in separate singing groups that eventually involved in
competition over the occasion. Under the influence of alcohol, the competition developed
into fight. Kumaa beat Dhuguma on his head with club. Dhugumaa died. It was for the
first time that Kumaa and Dhuguma met and obviously had no past differences.

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 Even though the police were requested to intervene, the slayer has not been detained.
Rather, the gulas intervened and settled the case through guma. Guma of ten thousand
Ethiopian Birr was paid. Despite the formal settlement of the case, Kumaa is still cautious
of both the victim's kin and the police that the former may re-open the grudge and the
latter may arrest him. He, therefore, does not even go to markets, especially markets that
slain's relatives commonly go to. He avoids not only occasions that can rise emotion but
also any possible chance of contact with the other side. Gonfaa who is the paternal uncle
of the slain also considers Kumaa (the slayer) and his immediate family as his enemies. In
the mean time, he recognizes that it is mystically dangerous and legally wrong to resort
neither to vendetta nor government court. Hence, he strictly avoids the slayer and his
relatives.

Nevertheless, my data indicates that such avoidance is a temporary response that would

progressively develop into none. Currently, in the above case, the injured party still bears the

scars of the killing that is so fresh. A comparison between the above case and case 7 and case

9 in chapter seven further substantiates this argument.

To summarize, the chapter has assessed the jurial responsibilities of homicide in line with the

group responsibilities it involves. It has also treated both the secular and the sacred sanctions

to put the decisions into effect. Among the Waliso, the account on homicide entirely rests on

lineages as either paying or receiving unit. As Oromo descent groups are not territorial units,

privileges and obligations in the lineage transcends geographical distance. In principle, in

seeking for reconciliation, clan identity and residential features are no longer important. In

this regard, my data led me to different conclusion to what fraternal interest group theorists

have argued. According to them, the presence of fraternal interest group discourages peaceful

conflict resolution. However, the Waliso case shows that the presence of fraternal interest

groups (related males reside together) indirectly facilitates peaceful conflict resolution. It

causes great inconveniences that in turn put both parties under great pressure to look for

peace. Lastly, the payment of blood price goes hand in hand with the ritual of purification.

Hence, the following chapter addresses guma ritual of cleansing

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 CHAPTER SEVEN

THE RITUAL COSEQUENCE OF HOMICIDE

For the Oromo in general and Macha in particular, homicide has a special ritual consequence.

This chapter is devoted to the treatment of these rituals as the supernatural requirements of

homicide.

7.1 The Mystical Basis of Guma Ritual

Murder, the Waliso believe, is not only heinous act against the value of the society but also

an offense against the law of the creator (Waaqa) that demands ritual reparation. Homicide is

sin that is morally reprehensible and mystically dangerous. A man who has shed human

blood is in a state of ritual impurity. A slayer who has not yet undergone guma ritual should

not eat with his right hand. More properly, he should not eat by the hand he has shed the

blood, for it is believed that his hand is polluted. For the Waliso human blood deserves great

respect and has the power to penetrate deep into the soul of the slayer. It cannot be washed

out by water as simple dirt, but by blood of the slayer, which is, of course, could be replaced

by blood of the ram through guma ritual.

It is believed that the ritually impure would suffer similar death or repeatedly commit a crime

to the same kind. In addition, the creator would withdraw from him in every respect in

response of the sin he has committed. As Bartels (1983:229) rightly puts it "killing a man is a

violation of the world-order as given by the creator. Hence, regardless of the circumstances

of killing, any act of spilling human blood involves rites of expiation as supernatural

requirements. Even a killing, which might not demand restitution, requires ritual of

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purification as the only means of avoiding the grave danger that other wise follow homicide.

Any neglect of this ritual is believed to harm the killer and would extend to his descendants

Oromo view of homicide takes the slayer to confess culprit. The confession is believed to

favor the slayer and his lineage, because an unconfessed homicide lets the lineage of a slayer

break a taboo on certain social contact with the victim's side. The two parties should never

eat and drink together. They should refrain from any social contact and never marry one

another until the ritual of purification is performed. Should these laws be breached, the

spiritual contamination would be exacerbated. The Waliso also think that the neglect of the

ritual of purification equally affects the agnates of the slain. The blood of the dead is said to

resent the neglect by his agnates who are supposed either to avenge or to accept

compensation and perform the rites of expiation.

Abba Paulos (1968:239, cited in Ibrahim, 1990: 30) says that in traditional Ethiopian penal

system, the death penalty was imposed on a murderer to expiate him from the sin he has

incurred and to assist him to obtain salvation in the world to come. In favor of this view,

Graven (1964 quoted in Ibrahim, 1990:30) states that

The destruction of life, the highest achievement of the creator, can only be
paid for by the sacrifice of the life of the guilty person. As in the Christian
European system of the Middle Ages, death is always the necessary condition
for the pardon and salvation of the sinner, and also for expiation of the evil,
which he has committed, it is accepted and approved by all.

Nevertheless, this is not true for the Oromo who have highly symbolized rites of expiation.

The Oromo, of course, have the principle of a blood for a blood; meanwhile, they believe that

a blood of a ram could do instead of the blood of the slayer. One of the principal motives for

guma ritual is, therefore, the fear of the creator. The Waliso often attribute their misfortune to

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such uncleansed ritual impurity and often resort to guma ritual as a means. The following

case represents how the Waliso resort to guma as a solution to their misfortune.

Case –7

Sometime in January 1972, Inseene a boy of fifteen years of age from Manyaaqoo clan
quarreled with a boy of thirteen years old, named Eebba of Gaaleyyii clan. The latter was
seriously beaten up. After some days he was taken to Ambo hospital where he died. As
the news of the death was broke, the slayer and his family ran away leaving their premise
behind. After sometimes the killer side pleaded for guma, but they did not insist on their
request. As a result, the case remained unsettled for the next twenty-five years. However,
as Dhugumaa, an old man of about a hundred years of age, who is the paternal uncle
(wasila) of the killer told me, the slayer, his parents, his brothers and sisters, except one,
died in the next few years.

Since then, their premises have remained abandoned (ona). Even the descending
generations of that nuclear family have terminated. The old man believed that the death
of his descendents was caused by the effect of supernatural retribution, i.e., supernatural
vengeance due to their failure to perform guma. He also believed that his family and close
relatives have been victims of this ritual impurity. This has become more vivid, according
to him, since the last decade. He has cited a number of misfortunes attributable to the
offense. He also suggested that these misfortunes would continue through the
forthcoming generations till guma is performed. And he stressed, it would be unjust for
him to leave such a sin behind and to let the effect persist further.

Though Dhugumaa has no doubt that vengeance could have been executed upon his
relatives, he pleaded the family of the slain for guma in 1997 after twenty-five years. The
victims agreed and the case formally settled with ritual of purification. Liban, the brother
of the slain who has taken the responsibility of the family told me that they have agreed
to guma ritual for their own sake. He believed that ignoring the ritual would have
transmitted the ritual impurity of the offenders to their side. Regarding the post guma
relations between the two parties, both sides unequivocally reported that they have
regular contact with no tension.

Liban's idea is certainly a common one among the Waliso. A victim's side is supposed to

respond positively to any genuine and just pleading for guma. However, there are cases in

which the victim's side reject reconciliation through guma ritual either insisting on vengeance

to restore honor or due to disagreement upon the amount of guma. In this case, the ritual

impurity is believed not to affect the slayer and his agnates, but the group that rejects the

guma. The following case shows the speedy supernatural reaction that the victim's side has

suffered following the rejection of guma.

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 Case - 8

Magarsa who is an adult in his early thirties killed a woman named Lelloo who was
also in her thirties. Lelloo lived with her mother in a slam area in Ginchi town. Their
residence is located at a very dirty and eye sore area. Especially on market day, it is the
place where many people urinate. Daraartuu the slain's mother said that she and her
family always try to forbid any one to urinate near their residence.

On one of the market days in January 2001, Lelloo got into a disagreement with
Magarsaa, while the latter tried to urinate near her house. The disagreement developed
into physical violence. Magarssaa hit the woman on her lower part of abdomen (uffa)
that caused continuous bleeding through her female organ. She was soon taken to
Ambo Hospital, but died a day after.

Daraartuu reported the case to the police and the slayer was arrested. However, the
slayer's agnates soon pleaded the victim's side to settle the case through guma. The
slain's relatives, in fact, have agreed to negotiate. Accordingly, the gulas have
investigated the case and categorized the killing as not premeditated, and have decided
the guma of seven thousand Ethiopian Birr. But, the slain's paternal uncle named
Mummicha did not accept the amount on the ground that the killing was premeditated
and intentional. As a result, he withdrew from the proceeding. The gulas cursed the
man for his offensive response. Both Daraartuu and Magarsaa (the slayer whom I
interviewed in prison with the permission of the Dandi police) told me that Mummicha
died after only seven days of the curse. He slipped and fell down on his way to attend
marriage ceremony near the town.

Both parties have attributed the death of Mummichaa to his refusal of guma. Daraartuu
feared supernatural punishment affecting her remaining children. As a result, she sent
elders to the offended gulas to re-open the negotiation. During my last visit to the area,
Daraartuu told me that she has been on the verge of receiving guma that amount to
seven thousand; but the ritual of purification will be performed only when Magrsaa is
set free.

The following similar case also shows how the injured side has surrendered to the demand of

the slayer's side after experiencing misfortunes over extended period of time.

Case - 9

In 1984, Baacaa speared Caalaa who was his sandalata (persons whose wives are sisters).
It was on the occasion of a meeting of self-help association (iddir). They were drank and
disagreed on some idea that gradually escalated to violence. Baacaa waited for Caalaa on
his way home and speared him to death. The slayer took refuge with his relatives.
However, the avengers destroyed the premises of the slayer and that of his father. In the
meantime, the case was reported to the police.

Despite the destruction of property and the intervention of government judiciary system,
Baacaa's relatives pleaded for settlement of the case through guma. Caalaa's agnates
initially agreed, but did not go far through the guma. As a result, Baacaa went
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 to the police station and gave himself up seeking legal protection from the government
for himself, his family and their property. In fact, his parents returned home and re-built
their premises. At this moment, they did not have only legal protection as the slayer
thought, but also cultural protection and were morally justified right, to self-defense.

Baacaa was tried for manslaughter and sentenced to a prison term of twelve years. He
stayed in prison for the next six and half years. He was released in 1990 during the
change of government in Ethiopia. However, Caalaa's close relatives have continuously
suffered pain from the death of other members of the family. During the prison period of
the slayer, the victim's son of seventeen years of age, son of victim's brother who was
nineteen years of age and two daughters of the victim's sister about the age of marriage
died natural death. The family attributed all these death to their rejection of guma. In
response to these misfortunes, they went to the ritual center of qaalluu. The qaalluu
served summon on Baacaa's father. As the latter responded, the qalluu requested him to
re-open the negotiation. Consequently, the final settlement was achieved with the
initiative of the victims as a solution for their misfortune resulted from their rejection of
guma.

Since the final guma ritual of purification, the relations between the two parities have
progressively improved. Currently, the victims have no problems in communicating and
interacting with the slayer's agnates or close relatives except for some reservation towards
the slayer himself.

This case further substantiates that the Waliso pay guma and perform ritual of purification in

response to supernatural necessities, in addition to fear of revenge from the victim's side.

Besides, the case above indicates that whether or not a killer is tried for homicide and

sentenced to a prison term has no bearing on the situation among the Waliso. It neither

fulfills supernatural necessity nor jurial requirements. In other words, regardless of whether

or not homicide is punished by government court, the feud is settled and ritual of cleansing is

performed on traditional line. Similarly, no innocence before the foreign justice system

guarantees innocence before the Oromo laws. Below is a case in which the slayer was found

to be innocent before the government judiciary, but paid indemnification and performed

ritual of cleansing as per the requirements of guma.

Case - 10

In 1990, during the period of the fall of Derg and the coming to power of Ethiopiain
Peoples Revolutionary Democratic Front (EPRDF), Gammadne who was a guard of
Rural Road Authority camp located in Ginchi shot a person who attempted to rob the
camp. The victim also threw a bomb to kill the guard. The government police
investigated the case and found Gammadne innocent and let him free.
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 However, Gammadne did not rely upon the decision of the government judiciary for he
has felt and believed that he was in ritual danger for he has shed human blood. He also
thought that the consequence of such a ritual impurity would be devastating. He,
therefore, resorted to guma so as to avert the danger of supernatural retribution and to
fulfill jurial responsibility. He hanged a chain on his hand and begged for contribution of
blood money in and around Ginchi. And he finally paid three thousand Ethiopian Birr and
performed the guma ritual.

The Waliso view of the extension of ritual impurity to several descending generations is best

manifested in a special guma ritual known as agadayi. Agadayi is a ritual of purification

performed to cleanse a sin (cubbuu) inherited from the blood one's forefathers had shed and

remained undisclosed and/ or undiscovered for a long time. In such a case, the victim and the

slayer are unknown in person. Whenever the victim or victim's agnates are known, the ritual

turns to be a guma proper and not agadaayi.

Among the Waliso agadaayi often follows certain misfortune, which they attribute to

supernatural vengeance. Usually, they consult the waabeekaa, which literally means 'the

knowledgeable' after every grave misfortune. The waabeekaa is a fortuneteller or prophet

that could interpret what would be at the back of unblessed life. He is able to propose the

solution, too. The waabeekaa is neither a qaalluu who claims especial contact with the spirit

nor witchcraft with the power either to avert or to send misfortune upon the people. Rather,

the Waliso believe that the waabeekaa is endowed with a special ability of knowing the cause

of the problem and proposing its solutions. This knowledge is said to have been hereditary.

The following is a practical example that I came across.

Case - 11

Dilbessaa is from a well-to-do family. His father and forefathers were all famous
personalities. But since very recently, he, his brothers and parallel cousins have not been
blessed in their life. Their cattle gradually decreased in number and quality, they rarely
begot children, and they often suffer from sickness.

In addition, in 1989 a man of their neighbor shot Dilbessaa’s brother who was in his
early twenties, without any past grudge. It was a great sadness to the family and to the
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 lineage. Rather than embarking on vendetta, the victim’s lineage started asking the
question that could be at the back of such a devastating misfortune. In investigating the
reason, Dilbessaa consulted a waabeekaa. He was told that the lineage has been under the
ritual impurity for one of his forefathers had shed human blood. Until that day, he and his
agnates did not know the case.

The waabeekaa simply tells the contamination such people suffer from and does not get
into the detail of whom, how, when and where the killing took place. Thus, they were
unable to identify the person, whether the killer or the killed. The only alternative they
had was to respond to this impurity through agadaayi. Dilbessaa believed that unless
otherwise properly handled, such a ritual impurity would never terminate. Hence, he and
his close agnates underwent agadaayi ritual of purification. In the mean time, they have
settled the case of the death of Dilbessaa’s brother through guma.

As to how and when the agadaayi ritual is performed is presented at the end of this chapter

7.2 Investigating Hidden Homicide

In addition to the Oromo view of homicide that initiates the slayer to confess culprit, the

Waliso employ a very elaborated and systematic mechanism of investigating hidden

homicide. In case a person is killed where there is no witness, the Waliso use the lukoo

system to identify the slayer (see chapter 3 section 3.4). Traditionally, in this system, the

agnates of the slain bring the case to the gulas and identify the suspect. Meanwhile, they have

full right to nominate persons who should stand as lukoos (representatives) of the suspect.

Three persons from the father's line and two from the mother’s line constitute the full number

of the representatives (lukoos).

The selection of the lukoos is based on the genealogical proximity to the suspect, personality

of the individual such as good reputation, and closeness to the suspect. Unless otherwise the

suspect has been already alienated the right to be represented by his lineage members, no one

is denying being lukoo. Denying lukoo means approving that the suspect is not trusted and

might have committed the crime. The selected lukoos are given sufficient time to investigate

the truth of the case through discussion with the supposed culprit. In seeking to identify

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the truth of the case and persuading the person to confess, they employ different methods.

First, they redefine the supernatural consequences of hidden murder. They believe that

hidden homicide could be hidden only from human beings and not from the creator whose

penalties are more serious and long lasting. They also appeal to secular means, such as, the

threat to deny him the right to lineage protection and the banning of any assistance to him in

time of hardship.

Eventually, the lukoos report the result of the investigation back to the gulas. Based on the

truth of the case, the representatives either pay guma or prove the innocence of the suspect

through oath. In other words, if the suspect is found guilt, they resort to guma; if he is not,

they resort to oath taking to set him free. Oath is taken at the end of the investigation in

proving the result, rather than as a way of promising to be fair in investigation. This is quite

different from the modern legal procedure.

The Oromo believe that close relatives of the suspect effectively perform the investigation of

hidden homicide. This basically emanates first from the view that such an offense (whether

or not exposed) is the concern of the relatives, especially agnates. If homicide remains

hidden, it results in supernatural punishments that affect the lineage members. If confessed, it

involves the payment of guma, which again calls for the participation of a given lineage

members. Consequently, the case is the concern of the lineage and the offender has no reason

to hide his deed. In the mean time, the investigation and its results never involve grudges

between the investigator and the suspect. Such an investigation is as good as the investigation

of one's own offensive act for better. It is a way of averting the threat of supernatural

punishments and human vengeances.

Secondly, the idea stems from an Oromo view that truth is the son of Waaqa (the creator). An

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Oromo proverb 'dhugaan ni qal'atti malee hin cittu', 'truth may become thinner but never lost'

indicates how Oromo culture discourages the bending of truth. Irrespective of the blood ties

between the investigator and the suspect, the investigation is in favor of the truth. Truth is

therefore, the commanding force in the process of investigation. The lukoo (proxy) acts not

only on behalf of the suspect, but also of the truth. In this regard, the Oromo case is quite

different from the Arusha. As presented by Gulliver (1963:299) the Arusha are represented

by spokesmen in the negotiation. But these men are not neutral mediators, rather adherent to

the group they represent, whether or not the truth is evaded. On the other hand, the Oromo

view of the truth is similar with that of the Sidama people. Hamer (1972:242) says that the

Sidama elders place great stress on adherence to truth, regardless of their group affiliation.

At this point, it is noticeable that Oromo view is contrary to modern legal system. In the case

of the latter, witnesses, judges and investigators are supposed to be non-relatives of the

suspect who are not at the same time his enemies. Should this happen, the words of the

witnesses could not be taken serious, the verdict of the judges is said to be unfair, and the

investigation does not reach the truth of the case. This is based on the assumption that

individuals are biased in favor of their past relations regardless of the truth. I argue this

difference partly stems from the end result of the investigation. In bureaucratic law a person

who is found murderer is punished according to the letter of the law. Imprisonment is

commonly employed to punish the offender. The law is not a lubricated one. As opposed to

modern legal system, in Oromo culture a person who is found guilty of homicide pays blood

price. Hence, the investigators whether or not they are relatives do not hesitate to expose the

fact owing to the end result.

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7.2.1 Ritual Oath of Innocence

The lukoos take oath to prove the innocence of the suspect when he is not found guilty. The

oath taking entails the ritual. The following cultural materials are used in the oath taking

ritual: newly dug empty hole, five spears, fire, soots (qaqaa), and milk container (okolee).

Each lukoo takes an oath as follows: pointing to the hole, he says, 'this is a hole, if I hide the

blood of the victim, let Waaqa (the creator) hide all my dhuga (truth)'. In this context, hole

represents heart or according to Oromo view garaa (stomach) in which a person keeps secret.

The fact that the hole is exhibited open and empty indicates that the person does not hide the

truth.

Likewise, pointing to the five spears, a lukoo says ‘these are spears, in case I falsely take

oath, let the spear of man affect me, if the spear of man misses me, let the spear of Waaqa

affect me’. Here the term spear does not represent an instrument of war only, rather any

misfortune that the person would suffer as a result of the sin or the supernatural consequences

which homicide may bring in its wake.

Pointing to the fire a lukoo says ‘the person is innocent, if not, let my fire extinguish’ (ibiddi

Koo haa dhaamu). Fire for the Oromo indicates house. In fact, it does not indicate mere

physical house but the physical and the social network of the nuclear family. A house without

fire is ona (abandoned). Ona is life less. Hence, the oath amounts to, 'let my house remain

life less or let life in my house extinguish as fire does'.

A lukoo (representative) also swears oath saying 'the suspect is innocent, if not; let not my

house soot (manni koo hin qaqaa'in). For the Oromo the soot of a house indicates the age and

service of the house. In this context, it implies age, stability and peaceful life of the

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owner. Similarly, a lukoo refers to milk container and says that ‘this is okolee, if I lie, let my

okolee (milk container) go dry’. Okolee has the meaning of cattle. The dry okolee shows the

absence of milk, which means the absence of cattle

The oath taking ritual is performed at the premise of the suspect. The site selection has its

own implication because for the Waliso, if the suspect lies and misleads the representatives

into taking the oath, the liar and his premise would be the first to be contaminated. This is

clearly expressed in the final oath taken by the suspect. He takes oath that he is innocent, if

not, whatever consequences of the oath taken by the lukoos, may remain at his premise and

affect him and only him.

7.3 Rituals of Purification after Homicide

Guma as a ritual of purification, among the Waliso, involves a very elaborated process and

passes through different steps full of meanings and symbols.

7.3.1 Pleading for Peace Through Guma

The initiative for reconciliation through guma is taken by the agnates of the slayer. They

request the gulas to intervene. Such an intervention has a special formality and requires the

organization of a special intervening group eligible to plead for mercy. The group to plead for

guma consists of at least five gulas, each from different Gada set and two from senior clans.

Five of them must be from neutral lineages, five cifirees (women whose sons are gulas) or

/and kalaalees (women whose husbands are gulas). Each holds caaccuu (a ritual object) and

siiqqee (ritual stick), five girls, each carrying solid gourd, yoked oxen, harnessed horse, and

some times harnessed cows. In addition, as many people as possible could join the group.

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All these people, their combination and the material culture involved are relevant to Oromo

view of the universe. The number five (five gulas, five spears, five girls, etc) at first glance

seems to represent the five Gada sets. But for the Oromo, the five Gada itself have stemmed

from Oromo view of creation. According to Gemetchu (1993), the Oromo think that every

thing was created from the pre-existing water that was divided into two: the lower and the

upper water. The creator (Waaqa) started his work of creation by further dividing the upper

water into three categories: water, the sky and the heavenly bodies; and by dividing the lower

water into two categories, the dry land and the water. The two together constitute the five

primary categories. Everything natural is structured according to these principal categories.

Culture also tends to imitate the natural classification. Hence, the number five deserves a

special place in Oromo view of the universe. The same is true of the Waliso's five gulas, five

girls, five boys, five women, etc in guma process.

For the Waliso, guma is successful with the presence of gulas from the angafa (senior) clans.

These are the Abbu and Konno clans. In substantiating this view, they argue that the Abbu

said to be the elder son of the Waliso and the Konno who was the second son were the

nearest to the Waliso. Hence, they were eligible to act as the Waliso himself. Their

descendants are still eligible to act as fathers and have responsibility to deal with a dispute

among the descendants of the Waliso. Mostly, two of the five gulas are, therefore, from these

two clans and they play a leading role in the process of reconciliation.

The five women with their ritual objects indicate the irresistible ritual power of the women to

restore peace. Women have a special power to heal the ruptured peace and the lost safuu.

According to Kuwee (1997) violation of these rights of women means violation of the law of

the creator, and the offender incurs curse (abaarsa). Kuwee says that women have a special

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power to curse and to bless, because the more politically liminal an Oromo is, the more

he/she is spiritually powerful.

In the other category, the five girls represent purity, un-contaminated and innocence.

Unmarried girls are often named as dubra duudaa. The term dubra stands for girl and duudaa

literally for solid, whole or innocent, but in this context is refers to virginity. The two terms

together mean virgin girl. Girls who themselves are innocent or/and untouched hold solid

gourd. The gourd also refers to the untouched and something in its original state. It is thus,

like a future that no one knows what it contains. Here the solid gourd, therefore, signifies the

matter under treatment which is not yet resolved and whose result is still unpredictable that

either party or both parties may suffer from. The fact that girls hold solid and ask for mercy,

therefore, indicates the pure, genuine and uncontaminated pleading to get into the case. In

addition, gourd is the bitterest fruit that connotes the actual feelings of the grief-stricken

relatives of the murdered man and the panic into which the slayer and his relatives are

thrown.

The Waliso believe that no Gada ritual, including the pleading for mercy through guma is

complete and meets its target without the participation of women. Hence, the role of women

in guma ritual is significant. Of course, women never participate in law making, neither they

replace the gulas to mediate.

Similarly, the participation of boys has to do with the future rather than the past and the

present. It is believed that resolution of a homicide case is in favor of the young generations

which unless otherwise inherit both the sin their forefathers have committed and have the

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responsibility of avenging the act. Two of the five boys are yoked like oxen to express that

this section of the society would most suffer the consequence. Yoke is the symbol of the state

of difficulty resulting from a killing. In addition, the Waliso think that it is unfair to offend

the young. This view is expressed in the saying 'jaarsi du'a gahe si hin abaarin, namni ol

guddatu sitti hin mufatin', which means 'one better not let a curse of an old man and a grudge

of a young man'. The idea is that an old man will die before he withdraws his curse and

young will have a chance to retaliate against the offense. Within this context boys participate

in pleading for guma as a means of pushing the injured to reconciliation.

Finally, I argue that such an elaborate participation of girls and boys in the very ritual of

reconciliation is part of the socialization process in which the guma practice is thought. The

Oromo culture of forgiveness is transmitted through the unconscious cultural pattern and

conscious training of adults.

The yoked oxen and the harnessed horse and cows with the pleading group show that even

the innocent domestic animals join in pleading the victim side to negotiate for settlement of

the case. The Oromo call this process ooda baasuu, "to mobilize ooda'. The term ooda is

difficult to translate into English, but contextually it means something that deserves great

respect. The Waliso believe that it is ritually dangerous to let ooda miss its target.

Guma is formally opened by the ritual in which the slayer lineage pleads the victims for

reconciliation through the mediation of the ritually eligible group. The pleading for

reconciliation is addressed facing the residence of the slain's immediate family from a

distance of about two to three kilometers away.

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They usually begin their pleading through prayer to the creator, to help them to successfully

settle the case. In their pleading, they refer to each element of the ooda and redefine the value

of each item to persuade the feelings of the injured. Such a pleading goes on every morning

for nine consecutive days, nine times each day. In between each of these nine sessions, they

take a break and start again for the pleading. While forwarding their request, they bow to the

victims as a sign of honor though the latter are not around. Each day and each session, they

take a stride forward. Under normal circumstance, the victim should positively respond

through gulas within five to seven days, but they usually show resistance and never yield

immediately to the request. It is a point of honor to be obstinate.

There is a formal way of submitting to discussion in response to the ooda. Usually, a neutral

gula and one of the lukoos (representatives) from the victim's lineage contact the pleading

group at their site and respond 'oodni marii haa dahu,' 'may ooda give birth to discussion'.

The saying heralds that the injured have agreed to negotiate for the settlement. In the mean

time, they unharness a yoke of oxen and a bridle or rein of a horse. They set free the yoked

boys and collect the gourd in the hands of girls. This signals their positive response to the

oodas

However, it rarely happens that the victims refuse to respond throughout the nine days. In

this case, in the distant past, the gulas resorted to curse to enforce the law. But since very

recently, the second round of nine days pleading has been adopted to exert further pressure to

win their good will.

I argue that the extension of pleading days is the indication of the gradually weakening power

of the local Gada officials and the unrestricted government intervention. With these, the

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settlement of homicide case through traditional line has gradually required great patience

from the side of the offender and mediators. Of course, in majority of cases, the bereaved

side submits to the peace negotiation. However, sometimes it remains unattainable for several

years. If the injured insist on their refusal, the pleading group pronounces cursing against

them as follows: ooda qoltani, dhugaa diddan, dhugaa awwaalttan. Dhugaan Keessan haa

awwaalamu, gumaan kessan hinbahin. Gumaan abba torba sin irraa hin hafin, 'you offend

ooda; you refused truth and buried it. Let the creator bury your truth, let your blood remain

buried, and let killing persist in your lineage up to seven generations'.

Regarding the number of pleading days, which is nine, my Waliso informants say that nine is

assembly of the Borana (Salgan yaa'ii Borana). In fact, in Oromo child game that aims at

orienting the child with numbers, Borana assembly represents nine. However, what is at the

back of the Borana assembly is missing among the Waliso. I found Gemetchu's (1993:138-

39) analysis is useful, in this respect. Gemetchu puts that the number nine among the Oromo

"represents both the end of a process and the beginning of a new one." Bartels (1983: 146-

147) also says that nine for the Macha connotes fullness. Taddesse's (2000) monograph "The

Riddles of Number Nine in Guji-Oromo Culture" is also very relevant. According to him, for

the Guji, number nine represents a critical time between life and death and/or health and

illness. They also believe that prayer and rituals could avert the danger that otherwise follows

number nine.

My data remarkably agree with these views that the Waliso call the first nine pleading days

as saglan tokko, which means a set of nine and the total eighteen days as saglan lama, which

means two sets of nine and they never call it eighteen days. Hence, nine is the beginning and

ending of each cycle of counting. In the mean time, it marks the critical time at which the

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relatives of the wronged have to decide to negotiate. It heralds the end of the pleading days

that may be followed by the danger of ritual impurity.

Meanwhile, the physical distance between the site of those pleading for mercy and the

residence of the slain symbolizes the psychological distance or gap between the two disputant

parties. In other words, the fact that the two groups involve in certain taboos on social contact

and their differences are represented by actual physical distance. Distance also indicates

respect. The gradual physical movement towards the victim's homestead is an indication that

the pleading group is approaching the victims for reconciliation. Decrease in the actual

physical distance is a sign of narrowing down the wide gap between the parties in feud.

7.3.2 The Lukoo System and the Ritual Oath of Promise

The Waliso think that it is both immoral and impossible for the immediate family members

of the killer and the slain to conduct a face-to-face discussion on the issue of homicide.

Instead, they are represented by one of their respective lineage members who are not in the

category of extended family (lukoo). Once the pleading ritual is over, the two parties are kept

under oath of promise. They take oath of promise to proceed through the guma, and so that

they will not resort to any other means. The oath is taken by lukoos of both parties on behalf

of their respective lineage in general and the concerned immediate family in particular.

The oath is taken under the instruction of gulas. The standard way of doing this is asking

whether they would be persistent to serve as lukoo up to the end. They are supposed to

declare whether they are ready to pay (refers to the slayer's side) and receive (refers to the

slain's side) as much guma as the gulas would decide. Following their affirmative answer,

each lukoo takes oath as follows ‘yoon guma kana hanqise qarri namaa na hin dhabin,

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yoo qarri namaa na dhabe kan Waaqaa na hin dhabin. Guman abba torba natti haa

naanna'u, which means, 'if this guma is missed from our side, let the spear of man strike me,

if that misses me, let the spear of the creator strike me. May I suffer from guma up to seven

generations?' Saying this, both representatives (lukoos) stride over the five spears laid down

for this purpose.

The gulas further ritualize the oath taking by formally pronouncing curse to enforce their

position. The two gulas kneel down and perform the ritual in the same fashion as the normal

law making process. As usual they begin with prayer to the creator. They also revise the

general principles of the Oromo law: Waaqa (the creator) is praiseworthy; lafaa (the earth) is

praiseworthy, etc. When it comes to the specific issue at hand, they proceed as follows.

X = the first gula y = the second gula (X speaking, Y responding)

X Y

Kan du'e guma fudhata Haa ta'u

The slain would receive guma May it be

Kan ajjeese guma kenna Haa ta'u

The slayer would give guma May it be

Lamaanu dubbii kana hin garagalan Haa ta'u

Both would never resort to any other means May it be

Inni du'e isa ajjeesse eeboodhaan hin adamsu Haa ta'u

The slain agnates would never hunt to spear the slayer May it be

Inni du'e isa ajjeese seeraan hin barbaadu Haa ta'u

The injured would never resort to government court May it be

Waaqaa fi lafa kabaju Haa ta'u

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They would respect Waaqa and lafaa (earth) May it be

Gada shanan, eeboo shanan, alangaa shanan sodaatu Haa ta'u

They would respect the five Gadas, the five spears and the five whips May it be

Dubra duudaa buqqee duudaa baattu kabaju Haa ta'u

They would respect the virgin girls carrying the virgin gourd May it be

Dargaggoo harqoota baatan, farda lugamame, sangaa camadame sodaatu Haa ta'u

They would respect the yoked boys, the harnessed horse and the yoked oxen. May it be

Namni ooda kana gufachiise ni gufata Haa ta'u

Any one who lets the ooda be unsuccessful would be die May it be

Yoo nu ganan waaqni isaan gana Haa ta'u

If they betray us, may Waaqa would do so May it be

Duudaa jaamaa, naafa haa dhalan, haa dhalchan Haa ta'u

May their offspring be deaf, blind and lame May it be

Gumaan abba torba itti haa naanna'u Haa ta'u

May they suffer from guma up to seven generations May it be

Yoo ganan eeboon namaa hin hanqatin Haa ta'u

If they refuse, may man's spear get them? May it be

Yoo eebboon namaa hanqate kan Waaqaa hin hanqatin Haa ta'u

If man's spear misses them, may Waaqa's spear hurt them May it be

At the end of this ritual, the lukoo of the victim normally forwards his demand that the slayer

and his close relatives should avoid five market places around where the slain's close

relatives often go to, until the final settlement. This is practiced to reduce the probability of

contact between the disputing parties that could escalate the differences.

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In this ritual, I believe, two points require due consideration: the lukoo system and the nature

of oath. In the first place, the lukoo system indicates that homicide among the Waliso is not a

personal matter, but that of the lineage. Guma is a social drama where we best observe the

practical significance of the role of lineages among the Waliso. Secondly, lukoo system is the

mechanism that the society has adopted to handle dispute that is otherwise difficult, if not

impossible, to settle. Because any attempt to negotiate on homicide between the close kin of

the victim and the slayer would exacerbate the conflict.

In the oath taken by the lukoo and the curse pronounced by the gulas, the consequence of

rejecting guma is directly exhibited. In both cases, the phrase 'the spear of man' denotes the

potential human vengeance that could be executed. The second spear, 'the spear of Waaqa'

represents supernatural vengeance. Both the lukoos and the gulas emphasize the spear of

Waaqa as a final power. They say the spear of the creator would not miss. Hence, for the

Waliso the most important impetus to perform guma lies in the belief system. The next step

in the guma process is the discussion on the amount of blood price in reference to the

circumstances of the killing that has been discussed in the last chapter.

7.3.3 Harka Dhiqaa Ritual

Harka dhiqaa literally means ‘washing the hands’. This refers to the final guma ritual of

purification. It is a ritual through which the Oromo declare the cleansing of the slayer from

the blood he has shed and declare the reunification of the two parties. The phrase harka

dhiquu signifies the washing of the blood of the slain that is said to pollute the hand of the

slayer and his close agnates. The ritual is usually performed at a ravine area where cattle

never rich and people rarely go. The selection of the site is a manifestation of the desire to

avoid and separate the act from both their cattle and themselves.

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The Waliso sacrifice a sheep and a cow during the washing hand (harka dhiqa) ritual, as

provided by the slayer lineage. These sacrifices have two purposes. And they are performed

in two distinctive but supplementary steps. Both the sheep and the cow must be past bearing

(see Bartels 1983: 239), but with full health. Informants have claimed that if the animals are

not with full body parts, they never serve to fully cleanse the sin, which would have

consequence for the slayer

7.3.4 Hoolaa Gonfoo

The Waliso first scarify a sheep known as hoolaa gonfoo. Hoola is a sheep, whereas gonfoo

means hat. The term gonfoo here shows the worn-out hat the killer wears to indicate that he is

very sad and ritually impure. He also wears worn-out clothes, appears with uncut hair and

fingernails, unshaved beard and dirty. The physical impurity connotes the ritual impurity.

The hat, which the slayer wears, is known as gonfoo caamaa. Caama means rainless, dry.

Here it carries a negative connotation that means something unwanted, peace less and ritually

impure. Hence, caama signifies a state of difficulty in which a killer is.

The hoolaa gonfoo is provided by the lukoo of the slayer and cut by the lukoo of the slain just

at the very edge of the ravine. Eventually, they together throw it into the ravine with the knife

used to slaughter the sheep. The act, in fact, connotes that the sheep represents the slayer; its

blood is shed instead of the blood of the killer. In slaughtering the sheep, the lukoo of the

slain symbolically avenges the death on the slayer. In providing the sheep, the lukoo of the

slayer shows his admission that the latter has shed blood, which he should compensate by his

own blood.

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The act of throwing away the sheep indicates that the slayer is avoided and the act of killing

is neutralized. In the mean time, the knife is also avoided for it is said to be polluted by the

blood of the sheep, which is in fact, the blood of the slayer. Following this act, the symbolic

re-birth of the slayer is exhibited. The killer who until that particular time remains

undisclosed/ has kept himself hidden at a distance immediately appears at the same edge of

the ravine with his dirty appearance and worn-out hat on his head. The lukoo of the slain

takes the torn-out hat off the slayer's head using a long but thin stick with very much care.

The hat is thrown into the ravine. This marks the transition from death to life of the slayer in

person. Among the Guji Oromo, rather the weapon the killer used to commit homicide and

the cloth he wore at the time committing the offense are thrown into flowing water. Tedecha

(1988) shows that this act connotes an attempt to away the impurity with flowing water.

7.3.5 Ritual of Re-integration

The gonfoo ritual does not mean that the parties in feud are re-integrated; rather another ritual

is performed to dramatize the reintegration. Until that, the killer with his close agnates is kept

apart from the site of the slain agnates except the lukoo who performs the gonfoo ritual. The

ritual of re-integration is celebrated on the same day and in the same area. The slaughtering

of the cow does this.

The lukoo from both sides hold on to the same knife and slaughter the cow together. Soon,

they pierce the cow on the stomach from two sides. Concerned individuals of the two parties

send their hands through the hole and shake hands with each person of the other side in side

the ordure of the cow. The victims use the hole on the right side, whereas the offenders use

the left (cf. Dinsa, 1975:88). The slayer in person performs this ritual under the cover of veil

and instruction of gulas.

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While shaking hands with each other, the slayer and his agnates plead their victims to forgive

them. Especially, the slayer calls in name every close agnates of the victim whom he shakes

hand with and forwards the question ‘guma fudhattee, dhugaa argattee naaf dhiiftee?’ Which

means 'you win the truth and receive guma; do you forgive me?' The other side responds,

'dhugaa argadhe guma fudhadhee siif dhiiseera’, means 'yes, winning dhugaa and receiving

guma, I forgive you'. The ritual goes on until all the people from both sides undergo it.

Throughout this ritual, gulas repeatedly pronounce blessings. They say ‘warra garaa tokkoo

ta'aa, garaan kessan walitti haa fayyu.' ‘Let you be of one stomach, let your stomach recover

to one another (forget the grudge)'. Once, the process is over, the veil could be unveiled so as

to formally herald the re-establishment of the unity of the two groups. The slayer soon strips

off his dirty cloth and wears another. He cuts his hair and his fingernails; he shaves his beard

and throws it in the same ravine where his dirty hat (gonfoo caamaa) was abandoned.

Still, the acts and symbols that are involved in the ritual have fascinating anthropological

significance. As opposed to the hoolaa gonfoo (sheep), the cow represents the re-emergence

of the solidarity of the two groups, the re-opening of the broken social contact. This is more

vivid in the practice of piercing of the stomach of the cow and shaking hands within the

ordure and in the blessing warra garaa tokko ta'aa (let you be of one stomach).

In Oromo language garaa has the connotation of sammu (mind) and onnee (heart). In the

statement garaan kee hamaa yaada, ‘your stomach thinks ill will’, the term garaa is

equivalent to mind or heart. It means what is on your mind is cruelty. Similarly, in the

statement, gochaa kana garaatti qabadhu (hold this deed in your stomach), the term refers to

the act of keeping some kind of feeling in mind. Hence, the Oromo believe that grudges are

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held in one's stomach. Accordingly, the two parties in feud with one another have ill feeling

in their stomach.

In this practice, therefore, the cow represents both parties and the ordure in its guts

represents the grudge of the groups. The piercing of the stomach of a cow releases the tension

and suffocated air in the ordure with unpleasant smell. In doing so, I believe that the Waliso

tend to show that the grudge and ill temperedness of the groups located in the stomach are

avoided. Both sides allow the release of the tension through the hole on their respective sides.

In the mean time, while they shake hands with each other, they re-open the broken social

contact, and so that unity replaces the hither to grudge. They send their hands through the

hole for peace. This indicates that the restoration of peace penetrates into their stomach and

from the bottom of their heart.

Lastly, as I have already discussed, in state of ritual impurity, the groups remain under the

taboo on eating and drinking together. However, on the occasion of ‘washing hands’, the

groups terminate the taboo. The groups usually bring buquri (alcohol less local beer) honey

and cotton with them. They mix up their beer and drink from it; they mix up their honey and

feed all the participants to overcome a taboo on eating and drinking together. These practices,

too, are followed by blessings from the gula, 'damma walitti ta'aa, damma walitti ta'aa’, 'let

you be as sweet as honey to one another, let you be as sweet as honey to one another’. The

blessing amounts to saying that may you agree, unite and forget your grudges.

In addition, the slayer wipes the eyes of one of the close relatives of the slain using the cotton

he brings with himself. The practice presupposes that the killer causes the latter to cry with

grief and they are still in tears. The act, thus, connotes the wiping off tears with smooth and

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delicate material cotton so as to comfort the offended. The slayer is said to be regretted of

his deed and shows his feeling by appeasing the offended.

7.3.6 The Final Legal Decision and Its Enforcement

The harka dhiqaa ritual is concluded by the final tuma that emphasizes the post guma social

interactions between the concerned parties. As usual, two gulas kneel down and ritualize the

decision as follows: One of them (x) begins speaking to his companion (y). The gulas always

start any ritual with prayer to Waaqa, revising the general principles which I have stated

elsewhere. Here I simply present issues directly related to the point under discussion.

X Y

Gumaan kun baheera Haa ta'u

This homicide is compensated May it be

Inni miidhe gumaa baaseera Haa ta'u

The offender has compensated May it be

Inni miidhame gumaa fudhateera Haa ta'u

The injured has received compensation May it be

Kana booda haaloon hin jiru Haa ta'u

Hereafter there is no grudge between the two May it be

Warri wal loolan araaramaniru Haa ta'u

The disputant parties have been reconciled May it be

Kana booda bakka tokkoo bishaan waraabbatu Haa ta'u

Hereafter they would fetch water from the same fountain May it be

Gabaa tokko dhaabatu Haa ta'u

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Hereafter they would go to the same market May it be

Jaala waliif ta'u Haa ta'u

Hereafter they would be friends May it be

Wal fuudhu, walitti heerumu Haa ta'u

They would intermarry (if the rule of exogamy allow them) May it be

Kana booda haaloon hin jiru Haa ta'u

Hereafter there is no grudge between the two. May it be

Yoo haaloo kuusan Yoo kuusan

If they still nurse a grudge If they do

Sardidaa maraatuu ta'u Haa ta'u

They would become made fox May it be

Gufuu gubataa ta'u Haa ta'u

They would became a burned wood May it be

Nama keessaa bahu Haa ta'u

They would be ostracized May it be

Kan miidhuu yaalee waaqni isa miidha Haa ta'u

Waaqa would avenge any offensive act of any party May it be

Yoo nagade hin buusu Haa ta'u

If he trades he would make no profit May it be

Yoo qote hin quufu Haa ta'u

If he cultivates he would never harvest well May it be

Jabbiin hin guddattuuf Haa ta'u

His cattle would not reproduce May it be

Kana booda araarri fiixaan baha Haa ta'u

This reconciliation would be effective May it be

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Tumnee seera Haa ta'u

We have decided May it be

Seerri seera Walisoo ti Haa ta'u

This is Waliso's law May it be

Kun afaan maal? Afaan Waaq

Whose word is it? Waaqa's words

7.4 Agadaayi: Especial Guma Ritual

Agadaayi is a special ritual of purification that involves only one party- the slayer or his

agnates. It is a unique ritual, which can be resorted to if and only if the slain is unknown and

/or there is no claimant on the side of the slain. The detail of the agadaayi ritual varies form

one case to another as prescribed by the expert. However, there are common practices and

symbols that it never misses. Agadaayi is similar to the guma proper in many respects and

differs in some aspects. For there is no group to be asked to negotiate with for reconciliation,

it does not require nine days pleading. Rather, one night nine times prayer to the creator

would do instead. For the Waliso this practice is simply their tradition, but in my view the

opening ritual is performed during the nighttime to connote that the matter is as dark as night,

meaning unknown. The slain and slayer are rarely known.

The following morning of the prayer night, a person or persons who are responsible for the

ritual pay guma which is mere symbolic. They throw ninety-nine solanaceous fruit (hiddi)

and ninety-nine coins of five cents on the main road around. The fruit symbolizes cattle. A

poor person unable to slaughter a bull for his butta ritual (Gada ritual) could slaughter hiddi.

A girl, who marries in aseennaa (aseeannaa is a marriage form arranged only by the girl

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without the consent of even her would be husband.) expresses here wish of prosperity for her

in-law by throwing hiddi in side their house. Similarly, among the Waliso, hiddi represents a

blood price in cattle. The changes (coins) are indication of payment of compensation in cash.

This is a recent development among the Macha in general and Waliso in particular. Once the

blood wealth is paid, the gulas and the ritually impure group perform the final ritual of

cleansing at an inaccessible area (lafa cittuu). There, a sheep is slaughtered by one of the

gulas and thrown into the ravine. The gulas kneel down and declare that the person is or

persons are hereafter purified, the blood of the slain is compensated for.

Finally, this chapter tried to address the rituals of guma with its very much-elaborated

symbolic expressions. It shows that one of the main impetuses of performing guma lies in its

supernatural requirements as a means of escaping the awful consequences of spilling human

blood. Hence, the chapter attempted to address that guma is performed in response of

supernatural requirements in addition to jurial obligations.

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 CHAPTER EIGHT

SUMMARY AND CONCLUSION

Despite the theoretical controversy, whether conflict is sociation or disjunctive, scholars have

agreed that in all human societies life does not move along in peace and harmony at all times.

As it is indicated in the literature review, writers have attributed the causes of conflict to

different sources. In the case of the Waliso, the primary cause of conflict seems to be in the

area of economic interests. But it is not easy to make a valid exclusive motive of disputes

regarding the area. My ethnographic data clearly reveals that the understanding of the causes

of conflict demands the consideration of how various factors interplay within the social

milieu. Consequently, this is my contention that, both Freudian assertion, which simply

places violent behavior in biology nor ecological functionalists’ materialistic and

deterministic cause approach confirm the case of the Waliso.

Regardless of the controversy on the causes of conflict, consensus seems to exist that every

society has its own mechanism of handling dispute. In line with this, in this thesis, an attempt

is made to present some aspects of peaceful modes of conflict resolution. The study addresses

only peaceful modes, since the Waliso do not have those violent mechanisms. Neither

institutionalized duel nor self -help is part of their culture. In this sense, I agree with Gulliver

(1975: 379) who argues that sedentrism never tolerates violent modes of dealing with

conflict. The fact that the Waliso are sedentrists fits peaceful dispute handling.

Anthropological literature divides peaceful mechanisms of conflict resolution into various

categories. Negotiation, mediation and arbitration are among the major ones (I have

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discussed this under 2.3). Concerning the Waliso, one may come to the conclusion that these

modes are not so exclusive in their nature. Instead, they are simultaneously employed in a

single proceeding. Hence, the ethnographic data from the Waliso confirms Schellenberg

(1996) and Gulliver (1979) view of the possibility of employing simultaneously various

modes of handling dispute.

On the other hand, currently there are two different forms of administration of justice

operating among the Waliso: the indigenous mechanisms and the government court.

However, majorities of the dispute cases are dealt with by the indigenous mechanisms.

Various factors contribute to this effect.

Time consuming government court process is one of these factors. Cases are relatively settled

at local level within a short period of time. The government court lacks necessary facilities

and manpower to implement effective and efficient administration of justice. This is

evidenced by the fact that Dandi woreda has only a single public prosecutor, two judges and

thirty-three policemen for the entire population of the area.

In addition, both the plaintiff and defendant are exposed to high financial cost in the

government court. Apart from the high possibility of corruption, there are expenses such as

court fee, transportation cost, per diem and the like, which are unaffordable for the peasants.

Thus, the treat of expensive court action pushes the Waliso to traditional means in which

there are no expenses of these sorts.

The need for face-saving outcome is also another important factor that provides impetus for

the Waliso to resort to local mechanisms. Government court intends to apply the already

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established law to the case at hand, regardless of the past and the future relationships of the

disputants. As opposed to this, the guiding principle in traditional mechanism is compromise

and restoration of peace. At the end of the reconciliation, the disputants hardly feel the sense

of winner/ loser relationship.

In addition, the cross cutting social ties, which Gluckman termed as multiplex relations or

conflicting loyalties also push the Waliso to peaceful conflict resolution. The multiplex social

ties partly provide an explanation as to why the Waliso insist on their traditional mechanism

of handling cases, especially the case of homicide.

There is some sort of uncertainty among them about the end result of resolutions made at

government court. They consider the government court as foreign to their culture in both its

rules and objectives. It simply targets the punishment of the offender and disregards the

corporate responsibilities of the lineages in feud with each other. Thus, it is not effective in

bringing long lasting peace to the community. To the contrary, the Waliso handle the feud on

traditional line and do not let hostility persist until it ends in vengeance. The basic guma-

paying unit makes amendments by payment of guma.

Distance from the court and lack of transportation also discourage disputants, among the

Waliso, to take their case to government court. There is no road that connects the Waliso

with the center- Ginchi. They inhabit inaccessible mountainous areas. The Waliso at the

extreme south of the woreda travel on foot ten to twelve hours to reach Ginchi.

On top of that, as opposed to government court, traditional mechanisms are value oriented

and native elders and peers of the disputants hold the proceedings. The government court

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proceedings are held only according to the formally set regularity in which the disputants do

not have full chance to interact. Disputants are not as free as they are before elders at local

level. They are neither allowed to probe into the past grudges nor narrate their past good

relations. A moot by its very nature administers law with a much wider tolerance than a

court, because the agreed settlement that a moot intends to achieve requires some

compromise within the existing social context.

Further more, the Waliso associate government court with bribery, corruption and chicanery.

They say that, 'since judges at this court are corruptible, truth (dhuga) may be bent'. A person

may appear a winner or loser regardless of the fact underlying the case. This could happen

due to corruption or sometimes due to lack of knowledge of the law. Hence, fear of

corruption and its resultant - unfavorable outcome, restrain the Waliso from taking their case

to the court.

Lastly, in court proceedings, the allegation is proved only through witness. The accused is

guilty of the charge if and only if the truth of the case is testified. Failure to testify guarantees

the innocence of the defendant regardless of what the truth may be. However, this is not the

case in traditional mechanisms. In some cases defendants are supposed to prove their

innocence through ritual oath (I have discussed this in chapters five and seven).

Consequently, plaintiffs’ failure to prove the truth of their claim in government court also

favors the return to local mechanisms of conflict resolution.

However, in modern legal sense, the local agents of conflict resolution do not have codified

body of law by which they have to administer their decisions. Nevertheless, among the

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Waliso verdicts are given not by traditional people who are entirely guided by their past

experiences and memories, instead mediators appeal to Gada law set every eight years.

Hence, their decisions are not mere arbitrary.

On the other hand, despite the presence of this law, we cannot understand the outcome from

the rule as Gluckman (1967) has suggested. Gluckman has argued in favor of normative

determinism. As opposed to this, my study reveals that various factors seem to have hand in

the course of events pertaining to the resolution of conflict. Factors such as social ties

between the parties in dispute, the social context and the relative power of the disputants all

have roles to play. Hence, in this regard, the processual approach has real relevance to my

study of the dispute among the Waliso.

Similarly, anthropologists have argued that traditional institutions lack coercive means of

enforcing their decisions. Likewise, among the Waliso those who act as agents of conflict

resolution do not have police and prison at their disposal. They have also no legal support

from the government. Nevertheless, they are able to maintain social order. Their ability

mainly stems from public opinion, the moral ideas held by the community and the power of

compulsion vested in elders. They also resort to ritual sanctions under the condition when

normal means of healing the ruptured relations or punishments fail to bear fruit. In this

regard, the Oromo value system, which is embedded in their belief system, is very strong.

Cursing which is believed to harm not only the offender but also the descendants is therefore,

expedient as an ultimate resort to supreme deity. Hence, the Waliso case is quiet relevant and

fits into the works of Red Field (1967), Posipisil (1967), Shack (1966, 1969) Bassi (1992)

and Evans- Pritchard (1940) all of who have presented different ethnographies of traditional

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societies in which sacred sanctions such as cursing, ostricization, denial of favors are so

effective.

Finally, the theoretical issues concerning the role of rituals in peace making is worth

remembering in relation to the guma ritual addressed in the thesis. Anthropologists have

viewed such a ritual as a social drama that plays the role of enhancing oneness and restoring

social order (Turner 1957). Rituals also express the superiority of the groups over the

individual. Guma among the Waliso is dramatized and symbolically signifies the resolution

of conflict and the advantages of restoration of peace and harmony. It also passes through

different steps that confirm Turner's (1957) view, which has been discussed in chapter two

under 2.5.

However, anthropologists such as Bartels (1983) and Colson (1995) argue that rituals often

fall short of what they purport to be. And these writers doubt the very healing power

attributed to rituals. For instance, Colson reports that the Gwembe Tonga society performs

rituals after homicide in seeking for mercy from the supernatural calamity or sickness that

otherwise would be released against them.

My data is, of course, in partial conformity with the view that rituals do not guarantee

resolution and harmony. Among the Waliso latent enmity continues even after guma ritual,

but ritual impurity does not. Consequently, the role of guma ritual seems more of

purification than reconciliation. As Bartels (1983:35) rightly puts it, rites do not show the

actual practice, instead show what it ought to be. I Partly disagree with Colson who totally

relegated such rituals to supernatural requirement with no jurial meanings. Guma among the

Waliso also has the role in controlling the escalation of conflict by appeasing the feeling of

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the injured. In other words, the payment of guma that goes hand in hand with the ritual has an

important social role in healing the injuries sustained by the relatives of the slain.

On the other hand, the data from the study indicates that progressively, an increasing number,

of the Waliso go to the government court. However, at this juncture it is worth mentioning

the paradox behind their intention to look to government court for legal redress.

The Waliso effectively manipulate the government courts to enforce their own culture and

value. In other words, the court serves as one of the mechanisms through which a plaintiff

coerces or forces his opponent to demand the intervention of indigenous mechanisms. The

very intention of bringing their case to government court is expressed by the Oromo proverb

"buufaan muddu malee sibilli udaan hin buusu," literally meaning ‘unless pressed by heat an

iron does not excrete.' They therefore, selectively appropriate and integrate the alien court

system into their culture to continue their own value and justice system. Fear of state

intervention is, in fact, one of the most important factors that push the Waliso towards their

local modes of dispute settlement.

In the mean time, the Waliso appreciate the presence of the court as one of the options that

they have at their disposal to get their case heard. They also resort to this court as an appeal

against disapproved decision of indigenous mechanisms, when it seems to offer advantage to

them. At this point it seems reasonable to compare the Waliso case with the processual

approach of Gulliver (1979) and Schellenberg (1996).

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Gulliver (1979:21-24) says that whenever there are options the choice to which mode a

person resorts is highly determined by its contexts and the opportunities it offers. Lower

costs, relative ease, secrecy, desire for face-saving outcomes, hatred towards alien courts

push disputants towards local negotiation. Mean while, people make use of different options

to strengthen their own position vis-à-vis their opponents. The Waliso who have two major

options- the traditional and the government justice systems- therefore, use both systems to

secure the most favorable outcome each offers in different contexts.

To sum up, the local systems of conflict resolution among the Waliso are among the best

resources that demand due consideration. In the mean time, I submit that it is far from reality

to assume the present work to be a final material on the subject. The fact that the issues of

conflict and its resolutions are so delicate demands careful and an exhaustive interpretation,

which is bound to take much more time and space. In addition, such issues are complex areas

of anthropological studies. I, therefore, suggest an in-depth further investigation.

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