University of Gondar

College of Social Science and Humanities

Department of Civics and Ethical Studies

“Shimglina”: Indigenous Conflict Resolution Mechanism in Amhara

Regional State Semen Shewa Zone Moretina Jiru Woreda;
Implication for local Peace.

By; Ambaye Moges

Advisor: Yeshibr Molla (Assistance professor)

Co-advisor: Tewodros Abuhay

Gondar; Ethiopia

September, 2020
A Thesis Submitted to the Department of Civics and Ethical

Studies of University of Gondar

In partial Fulfillment of the Requirements for the Degree of Master of

Arts in Civics and Ethical Studies

By: Ambaye Moges

September, 2020

Gondar, Ethiopia

September, 2020
“Shimglina”: Indigenous Conflict Resolution Mechanism in Amhara

Regional State Semen Shewa Zone Moretina Jiru Woreda;

Implication for local Peace.

By: Ambaye Moges

Approval of examiners board

Chairperson signature Date

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Advisor signature Date

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 TABLE OF CONTENT

Content page

Table of Contents
Acknowledgement ......................................................................................................................... iv
Abstract ........................................................................................................................................... v
Acronyms ....................................................................................................................................... vi
Definition of local terms ............................................................................................................... vii
CHAPTER ONE ............................................................................................................................. 1
1. Introduction ................................................................................................................................. 1
1.1. Background of the study ...................................................................................................... 1
1.2 Statement of the problem ...................................................................................................... 3
1.3 Research Questions ............................................................................................................... 5
1.4 objective of the study ............................................................................................................ 5
1.4.1 General objective ............................................................................................................ 5
1.4.2 Specific objective ........................................................................................................... 5
1.5 scope and limitation of the study........................................................................................... 6
1.6 significance of the study........................................................................................................ 6
1.7 Ethical Consideration ............................................................................................................ 6
1.8 Organization of the paper ...................................................................................................... 7
CHAPTER TWO ............................................................................................................................ 8
Review of Related Literature .......................................................................................................... 8
2.1 Conceptual frameworks......................................................................................................... 8
2.2 The Concept of Conflict ........................................................................................................ 9
2.3 Different Views of Conflict................................................................................................. 10
2.3.1 Traditional view (1930-1940) ....................................................................................... 10
2.3.2 Human Relations View or Contemporary View (1940-1970)...................................... 10
2.3.3 The Interactionist View of conflict ............................................................................... 11
2.4 Types of conflicts ................................................................................................................ 11
2.4.1 Constructive and Destructive Conflict ......................................................................... 11
2.4.2 Violent and Non-violent Conflicts ............................................................................... 12
i
 2.4.3 Intra personal And Interpersonal Conflict .................................................................... 12
2.4.4 Intra group And Intergroup Conflict ............................................................................ 12
2.5 Causes of Conflicts.............................................................................................................. 13
2.6 Theories of Conflicts ........................................................................................................... 13
2.6.1 Human Needs Theory ................................................................................................... 13
2.6.2 Economic Theory ......................................................................................................... 14
2.6.3 Frustration Aggression Theory ..................................................................................... 14
2.6.4 Realist Theory............................................................................................................... 14
2.6.5 Relative Deprivation Theory ........................................................................................ 14
2.6.6 Structural Conflict Theory ............................................................................................ 15
2.6.7 Conflict Transformation Theory................................................................................... 15
2.6.8 Cultural Conflict Theory .............................................................................................. 15
2.7 The Concept of Peace .......................................................................................................... 16
2.8 Conflict Resolution Mechanisms ........................................................................................ 17
2.8.1 Negotiation ................................................................................................................... 18
2.8.2 Mediation ...................................................................................................................... 19
2.8.3 Arbitration .................................................................................................................... 19
2.8.4 Adjudication ................................................................................................................. 20
2.9 Indigenous Conflict Resolution Mechanisms in Africa ...................................................... 20
2.10 Indigenous Conflict Resolution Mechanisms in Ethiopia ................................................. 22
2.10.1 Common Features of Indigenous Conflict Resolution in Ethiopia............................. 24
2.10.2 Strengths and Weaknesses of Indigenous Conflict Resolution Mechanism in Ethiopia
............................................................................................................................................... 26
CHAPTER THREE ...................................................................................................................... 28
RESEARCH METHODOLOGY.................................................................................................. 28
3.1 Research methodology and design ...................................................................................... 28
3.1.1 Research approaches..................................................................................................... 28
3.1.2 Research design ............................................................................................................ 28
3.1.3 Sample size and sampling techniques .......................................................................... 28
3.1.4 Sources of data.............................................................................................................. 29
3.1.5 Data collection instruments .......................................................................................... 30
CHAPTER –FOUR ....................................................................................................................... 32
Data analysis and interpretation .................................................................................................... 32
ii
 4.1 Description of the study area ............................................................................................... 32
4.2 The Essence of Conflict in the Study Area ......................................................................... 32
4.3 Causes of Conflict in the Study Area .................................................................................. 33
4.4 Indigenous conflict resolution mechanism in Moretina Jiru Woreda ................................. 34
4.4.1 Overview of shimglina institution in Moretina Jiru Woreda ........................................ 35
4.4.2 Types of Conflicts and Mechanisms for their Resolution under Shimglna .................. 38
4.4.3 Procedures of Indigenous Conflict Resolution Mechanism/Shimglina in the Study Area
............................................................................................................................................... 42
4.4.4 The Contribution of Indigenous Conflict Resolution Mechanism (Shimglina) to Achiev
e Local Peace in the Study Area ............................................................................................ 43
4.4.5 The Role of Women in Shimglina Institution in Moretin Jiru Woreda ........................ 44
4.4.6Strengths and Limitations of Shimglna Institution in Moretina Jiru Woreda ............... 46
CHAPTER FIVE .......................................................................................................................... 49
Conclusion and Recommendations ............................................................................................... 49
5.1 Conclusion........................................................................................................................... 49
5.2 Recommendations ............................................................................................................... 51
Reference ...................................................................................................................................... 52
Appendix I .................................................................................................................................... 56
Appendix II ................................................................................................................................... 56
Appendix III .................................................................................................................................. 57

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 Acknowledgement
This thesis appears in its current form due to the assistance and guidance of different people. I
would like to extend my sincerest gratitude to all of them. First and for most I am ever grateful to
God, the Creator, Savor and the Guardian. Second I want to thank my advisor Yeshibr Molla
(Assistance professor) for his invaluable support, constructive comments, suggestions and
advices to complete this thesis. His support, guidance and advice, as well as his careful efforts in
proof reading the drafts in work of this thesis are greatly appreciated.
Third, my special thanks go to my parents who helped me morally to complete my thesis and
also for the informants of Moretina Jiru Woreda for giving their precise information as impute
for my study. I am also want to thank for all my friends who helped me while I am doing my
thesis. Therefore, please all of you receive my genuine thanks and I am grateful to you all. To
those who have encouraged and supported me throughout the time of writing this thesis directly
or indirectly, I offer my friendship, thank you very much.

iv
 Abstract
The main objective of this study was investigating the role of indigenous conflict resolution
mechanism (shimglina) and its implication for local peace in the study area. The people of
Moretina jiru Woreda of Semen shewa zone has their own conflict resolution mechanism which
named as Shimglina. This study has employed a qualitative research approach and
phenomenological design to meet the stated objectives of the study.
To achieve the objectives of the study, the researcher has employed both primary data and
secondary data sources. The primary sources of data were collected by employing qualitative
data collection techniques which are interview, focus group discussions and personal
observation. The Secondary data sources were obtained from published and unpublished
documents; such as books, journals and different researches. A total number of 27 informants
were participated in the study. The researcher was employed purposive sampling techniques.
The study mainly investigated the contribution of shimglina to achieve local peace in the study
area. Shimglina (ICRM) creates a smooth relationship among the society of the study area. It
creates friendly relationship after the conflict is resolved. Moreover, indigenous conflict
resolution mechanism decreases the tension of the disputants, does not require sophisticated
knowledge, reduction of regular court case loads, contribute to saving of the public money, and
solve the conflict based on win-win approach and Minimizes the problem in shortage of judges
who work in the regular courts. The study also came up with the major causes of conflict in the
study area. The major causes that drive people of the study area in to conflict are mainly related
with land, adultery, theft, excessive alcohol usage, conflict over the violation of agreement, and
others. Furthermore, the study revealed that indigenous conflict resolution institution of the
study area which is shimglina has its own strengths and limitations. More accessibility, time
management, win-win result, good communication among the disputants and others are among
its strengths. Lack of specified place to conduct shimglina, lack of written evidence and gender
discrimination are also some limitations of shimglina in the study area.

Key words: conflict, peace, ICRM and shimglin

v
Acronyms
1. ADR-Alternative Dispute Resolution
2. AJCR-African Journal on Conflict Resolution
3. FDRE-Federal Democratic Republic of Ethiopia
4. FGD- Focus Group Discussion
5. ICRM-Indigenous Conflict Resolution Mechanism
6. NGOs -Non-Governmental Organizations

vi
Definition of local terms
 Yenefs abat: is a priest in Orthodox Christian who control or monitor to a given family
whether they follow their religion by respecting a given commandments correctly or not, and
if not he may give a sanction or punishment for them.
 Areki: locally prepared beverage and is common in the study area.
 Areki bet:a house in which people drinking locally prepared beverage.
 Yegtoshi meret:is an area which is prohibited to grazing it.
 Iddir:traditional association used for ceremonial of sorrow and happiness.
 Indigenous:originating or occurring naturally in a particular place, native.
 Kebelle:an administrative unit less than a district/woreda.
 Mahber:is a kind of association which has religious ground.
 Mahberawi-frdi bet: is a social court which gives a decision in kebelle administration
 Meskel:cross of the priest in Orthodox Christian.
 Shimagiles:elders who involve in conflict resolution in the study area.
 Shimglina:The process of conflict solution by elders of the local people.
 Tsebel: a feast organized in the honor of saints.
 Woreda: it is an administrative division of Ethiopia (managed by a local government),
equivalent to a district.
 Wushma: extra sexual practices out of wife or husband

vii
CHAPTER ONE

1. Introduction

1.1. Background of the study

Conflict has been studied by different scholars over the past centuries. However, still there is no
agreement up on the definition of the term. This is because of that conflict varies depending on
the culture of a given society. Different society can experience different nature of conflict
depending on their socioeconomic and cultural based context. According to Fisher (2000),
conflict is defined as incompatibility of goals or values between two or more parties in
relationship, combined with attempts to control each other and antagonistic feelings towards
each other. In a similar way conflict is a practice of disagreement on public issues that affect the
lives of groups, essentially about means and ends regarding their mutual relationships, their
diverse interests, different values, institutions and organizations (Bukari, 2013).
Therefore from the above concepts of conflict it is possible to understand that conflict is a natural
and inevitable in all human interactions. The absence of conflict usually signals the absence of
meaningful interaction (Solomon, 2014). However most of the time conflict views as negative by
the society. But, conflict by itself is not positive or negative. Conflict is neutral in which it is
neither bad nor good but one of the essentials in human social life (Schelenberg, 1996). The main
important thing to say positive or negative conflict is the way that we use to solve it. Through it
is almost impossible to avoid conflicts in human relations, to reduce its negative consequence
people tend to solve conflicts which we call it conflict resolution.

Conflict resolution as the reduction of conflict that has already broken out in the form of
searching for solution that would reduce the levels of violence and prevent its intensification
either through formally or using indigenous conflict resolution mechanism (Dereje, 2010). But in
this study the researcher would focus on the indigenous conflict resolution mechanism. While
conflict is universal, the ways in which it is expressed and handled mechanism is not universal
rather depends on the culture and tradition of society (Kifle, 2007).Indigenous mechanisms of
conflict resolution are parts of social system which play an important role in the recognition,
maintenance, and improvement of social

1
Relationship. They are deeply rooted in the tradition of the society and create peace among the
society (Endalkachew et al, 2015).

Africans have had their own indigenous mechanism of conflict resolution that enables them to
manage conflict and to maintain sustainable peace and stability (Birgit, 2001). The process,
method and applicability of indigenous conflict resolution mechanisms are different from society
to society and from region to region (Volker, 2007).

Indigenous conflict resolution plays a significant role in the day-to-day lives of many ethnic
groups (Meron, 2010).since indigenous conflict resolution mechanism is a means to promote
peace, it is preferable to define what peace is. Accordingly through peace is the most complex
and ambiguous concept, the most simplistic but popular understanding of peace is that it is the
absence of conflict or violence. It is also the presence of justice and equality that ensures basic
necessities of life. It involves the elimination of violence, operation, greed and environmental
destruction by the constructive mediation of conflict (Galtung, 1969).

Ethiopia as a home of different ethnic groups, exercised different indigenous mechanism of

conflict resolution (Meron, 2010). These mechanisms are varying from society to society and
from region to region. Thus this study would try to assess the indigenous conflict resolution
mechanism shimiglina in Amhara regional state particularly in the Moretina Jiru Woreda.

2
1.2 Statement of the problem
Societies in different parts of the world apply indigenous conflict resolution mechanisms in their
day-today life to solve their disputes (Dejene, 2002).In the process of solving conflict through
indigenous method conflicting parties are willing to accept by their traditional cultures; ignoring
these traditions would cause to exclusion from the societal norms and neglecting by the society.
In practicing indigenous conflict resolution mechanism to solve conflict traditional customs and
practices are seriously respected.
Indigenous conflict resolution mechanism has an important role as it emphasize on the role of
parties themselves to reach at mutually satisfactory resolutions and it plays crucial role to restore
the relationship of the disputant parties (Tesfaye, 2009). There are many unbearable costs to
solve conflicts while using the formal conflict resolution mechanism like court charge, feeling
cost, expenditure for lawyers and other costs. Contrary to this idea, indigenous conflict resolution
mechanism consumes lower cost and it takes greater speed, the reason for this is solving conflict
through this mechanism normally require the permission and commitment of the parties involved
in the process(Bendeman,2007).

The practice of indigenous conflict resolution method outside of the formal system is important
in maintaining peace and smooth relationship in every community. Using formal institution to
settle conflicts especially for rural people is very difficult because these rural people expending
more time in these justice system and administrative institutions that lead them to economic
disaster(Fekadu, 2009). This formal institution is not only affecting their income but deteriorates
the social relationship of the rural society. In addition to this, the decision rendered by court
system does not consider the background of the conflicting parties. Unlike formal system of
conflict resolution, which is not participatory, indigenous conflict resolution mechanisms are
participatory and play a significant role to promote social cohesion, peace, harmony and
cooperative among the society (Haftom, 2011).

Different researches show that there are different types of indigenous mechanism of conflict
resolution in Ethiopia. Those mechanisms differ from society to society, region to region from
ethnic group to ethnic group. For example, Gadaa system in Oromia (Desalegn etal, 2005),
Aruha in Erob community (Solomon, 2014), Gereb institution in Raya (Kelemework, 2013), etc.

3
Therefore, the researcher can understand that different ethnic groups have different indigenous
ways of conflict resolution mechanisms. Although different researches were done about the
indigenous mechanism of conflict resolution, since the mechanisms have different in nature and
procedures, it is unadvisable to conclude that there is duplication in the study. Different
researches told us that each indigenous mechanisms of conflict resolution have their own
character which makes them unique.

However, the finding of these studies do not give any information about the role of shimgilina
(indigenous conflict resolution mechanism) for local peace in the study area. Therefore, there is
no previous study in Moretina Jiru Woreda related to the role of shimgilina for local peace. Thus,
there is a gap in studding the role of shimgilina (indigenous conflict resolution mechanism) for
local peace in Moretina Jiru Woreda. This study would investigate how indigenous conflict
resolution mechanism particularly shimglina, which practices among the Amhara people with
special reference Moretina Jiru, Woreda, contribute to local peace.

4
1.3 Research Questions
The study was address the following research questions.
-what are the causes of conflict in the study area?

-what is the role of shimgilina in resolving conflict in the study area?

-what types of mechanisms used the society to handle conflict in the study area?

-what is the contribution of ICRM (shimglina) to local peace?

- What are the strengths and weaknesses of shimglina in the study area?

1.4 objective of the study

1.4.1 General objective

The general objective of this thesis is to study the role of indigenous conflict resolution
mechanism “shimglina” in achieving local peace in the study area.

1.4.2 Specific objective

This study has the following specific objectives:

-To identify the causes of conflict in the study area?

-To identify the role of shimglina in resolving conflict in the study area.

-Investigate the mechanisms that used the society to solve conflict in the study area.

- Explore the contribution of ICRM (shimglina) to local peace.

-Identify the strengths and weaknesses of shimglina in the study area.

5
1.5 scope and limitation of the study
The study would be limited to investigate, discuss and analyze the role of shimglina for local
peace as well as the practice of indigenous conflict resolution(shimglina) that used by the society
of the study area to resolve conflict. The study was cover only indigenous conflict resolution
(shimglna) in Amhara regional state semen shewa zone Moretina Jiru Woreda. Thus because of
the study limited to Jiru Woreda only finding of this study could not represent or correspond to
other areas. There are various things that affect the researcher to accomplish this study
effectively. Some of them are shortage of time, finance, the experience of the researcher and
other issues that limit this study. Therefore, the researcher was used his time and ability
effectively to accomplish the study. It is with this limitation the study is designed.
1.6 significance of the study

The finding of this study provide a brief, reliable up-to-date account on the role of indigenous
conflict resolution (shimglina) in achieving local peace in the study area. The study also provide
better perspectives about the role of indigenous conflict resolution mechanisms (shimglina) for
achieving local peace. In addition, this research can be a base for further study for those who are
eager on studding in the same area. Therefore, this study shows how ICRM particularly
(shimglina) is very important to create sustainable local peace in the study area.

1.7 Ethical Consideration

Ethics has become a cornerstone for conducting effective and meaningful research. Ethics in
social research deals with that the behavior of the social researcher and the potential
consequences their research subjects brings to their study subjects (Zelalem, 2010 cited
in,GebreselassieKahsay,2011) First and for most the researcher has an obligation to respect
the right needs, values and desire of the informants (Creswell, 2009:213).
Hence, to avoid the possibility of bias and miss interpretation, the researcher was inform
individuals who have participate in the study about the purpose and aim of the research.
The researcher avoided some unethical values like intimidation or forceful commands for
respondents. Accordingly, all materials quoted or cited in the study are properly acknowledged.

6
1.8 Organization of the paper

This paper was organized in to five chapters. The first chapter contained background of the
study, statement of the problem, research questions, objective of the study, scope of the study,
limitation of the study and significance of the study. The second chapter sets as the literature
review about indigenous conflict resolution mechanism. The third chapter deals about the
research methodology and design. The fourth chapter discusses the data analysis and
interpretation. The last chapter, chapter five dedicated conclusion and recommendation of the
study.

7
CHAPTER TWO

Review of Related Literature

2.1 Conceptual frameworks

Conflict has been studied by different scholars over the past centuries. However, still there is no
agreement up on the definition of the term. This is because of that conflict varies depending on
the culture of a given society. Different society can experience different nature of conflict
depending on their socio-economic and cultural based context. According to Fisher (2000),
conflict is defined as incompatibility of goals or values between two or more parties in a
relationship, combined with attempts to control each other and antagonistic feelings towards
each other. In similar way conflict is a practice of disagreement on public issues that affect the
lives of groups, essentially about means and ends regarding their mutual relationships, their
diverse interests, different values, institutions and organizations (Bukari, 2013).
Therefore, from the above concepts of conflict it is possible to understand that conflict is a
natural and inevitable in all human interactions. The absence of conflict usually signals the
absence of meaningful interaction (Fisher, 2000). However, most of the time conflict views as
negative by the society. But, conflict by itself is not positive or negative. Schelenberg (1996),
states that conflict is neutral in which it is neither bad nor good but one of the essentials in
human social life. The main important thing to say positive or negative conflict is the way that
we use to solve it. Though it is almost impossible to avoid conflict in human relations, to reduce
its negative consequence people tend to solve conflicts which we call it conflict resolution.

Dereje (2010) explains conflict resolution as the reduction of conflict that has already broken out
in the form of searching for solution that would reduce the levels of violence and prevent its
intensification either through formally or using indigenous conflict resolution mechanism. But in
this study the researcher has focused on the indigenous conflict resolution mechanism. While
conflict is universal, the ways in which it is expressed and handled mechanism is not universal
rather it depends on the culture and tradition of the society (Boege, 2007).Indigenous
mechanisms of conflict resolution are parts of social system which play an important role in the

8
reconciliation, maintenance and improvement of social relationship. They are deeply rooted in
the tradition of the society and create peace among the society (Endalkachew et al, 2015).

Africans have had their own indigenous mechanism of conflict resolution that enables them to
manage conflict and maintain sustainable peace and stability (Brock-Utne, 2001). The process,
method, and applicability of indigenous conflict resolution mechanisms are differ from society to
society and from region to region (Boege, 2007).

Since indigenous conflict resolution mechanism is a means to promote peace, it is preferable to

define what peace is. Accordingly, although peace is the most complex and ambiguous concept,
the most simplistic but popular understanding of peace is that
it is the absence of conflict or violence. It is also the presence of justice and equality that ensures
basic necessities of life. It involves the elimination of violence, operation, greed, and
environmental destruction by the constructive mediation of conflict (Galtung, 1969).

Ethiopia, as a home of different ethnic groups, exercised different indigenous mechanism of

conflict resolution (Meron, 2010). These mechanisms are varying from society to society and
from region to region. Thus, this study will try to assess the indigenous conflict resolution in
Amhara regional state particularly Semen Shewa Zone Moretina Jiru Woreda Enewari town.

2.2 The Concept of Conflict

Conflict is a common phenomenon and quit frequent in human relation. It is inevitable in any
community with different cultural background or within the same ethnic group with the same
culture. Conflict can occur between individuals, groups or nations. Definitions of conflict move
backwards and forwards between conflicts being perceived as negative or as positive process.
Some scholars present conflict as natural phenomena, others as necessary condition for the
development and growth of individuals and societies. Conflict is a natural phenomenon in the
life of human beings which occur in relation of interaction for socio-cultural, economic and
political purposes.

Regarding the meaning of conflict, scholars have used different windows to define the term
conflict. These variations are said to be emanated from the differences in the disciplines from
which the scholars have been defining the term. Despite these variations, there is one common
9
consensus between the scholars about the concept of conflict, which is whatever the source, level
or nature it entails; conflict is a state of disagreement on certain issues.

2.3 Different Views of Conflict

Over the years three distinct views have evolved about conflict in projects and organizations
(Violetta, 2012; 7).

2.3.1 Traditional view (1930-1940)

According to this view, conflict must be avoided because of that it harmed individuals and
groups. The traditional view (dominant from the late nineteenth century until the mid-1940s)
assumes that conflict is bad, always has a negative impact, and leads to declines in performance
as the level of conflict increases. Conflict must therefore always be avoided. In this view conflict
is closely associated with such terms as violence, destruction, and irrationality (Verma, 1998).

The response to conflict in the traditional view is to reduce, suppress, or eliminate it. According
to this school of thought conflict is viewed negatively and is associated with violence and
destruction. For this view, conflict is a result of poor communication and lack of trust between
people. According to this view on conflict, all conflicts should be avoided, thus there is a need to
pay attention to the causes of conflict to correct them in order to improve group and
organizational performance (P.Robbines, 2005) cited in Violetta (2012; 7).

2.3.2 Human Relations View or Contemporary View (1940-1970)

The behavioral or contemporary view, also known as the human relations view, emerged in the
late 1940s and held away through the 1970s. It argues that conflict is natural and inevitable in all
organizations and that it may have either a positive or a negative effect, depending on how the
conflict is handled. Performance may increase with conflict, but only up to a certain level, and
then decline if conflict is allowed to increase further or is left unresolved. This approach
advocates acceptance of conflict and rationalizes its existence. Because of the potential benefits
from conflict, project managers should focus on managing it effectively rather than suppressing
or eliminating it. It accepts that conflicts may benefit a group or individuals performance.
10
Conflict is unavoidable as people have different attitudes toward daily issues. Disputes happen
from time to time and it is not wise to put too much effort in to avoiding or preventing the
conflict. That means people may not pay more attention to minor conflicts or unimportant issues,
rather focusing on the development of other more critical aspects of their daily
activities(P.Robbines, 2005) as cited in Violetta(2012;7).
Therefore, according to this view, since conflict is natural phenomenon in individuals, groups
and organizations, we should tolerate it, because it may be beneficial to the society.

2.3.3 The Interactionist View of conflict

The newest perspective, the interactionist view assumes that conflict is necessary to increase
performance. While the behavioral approach accepts conflict, the interactionist view encourages
conflict based on the belief that a harmonious, peaceful, too-cooperative project organization is
likely to become static, stagnant, and unable to respond to change and innovation. This view
encourages conflict as it could lead to changes and innovations. Conflict is absolutely necessary
for the group to perform effectively in their relation (Verma, 1998).

Generally, conflict is defined as simply disagreement which may happen between individuals,
groups, nations and states. The incompatibility of interest implies the existence of conflict. So,
conflict is a divergence of interest and it is part and parcel of human life, any society could not
live without conflict-divergent. Thus, the question is not about how individuals, groups and
others could live without conflict, rather how to use conflict for social progress, development and
innovation. Conflict is not necessary a war or violence, but it is neither good nor bad. Conflict by
itself is a value free concept –we could not say conflict is moral or immoral; rather it is amoral
(Jeong, 2010).

2.4 Types of conflicts

There are different categories of conflict. Those are classified as follows.

2.4.1 Constructive and Destructive Conflict

This classification is based on the consequences of the conflict. Accordingly, constructive

conflict is a type of conflict in which the benefits exceed the costs; it generates productive,

11
mutually beneficial shared decisions. In constructive conflicts, individuals come together to
redefine or strengthen their relationship for the greater good of the parties involved. Destructive
conflict is a type of conflict often flows from narrowly defined or rigid goals, and most often
produces negative results (Deutsch, 1973).

2.4.2 Violent and Non-violent Conflicts

Conflicting parties can be pursued without violence or coercion to resolve their incompatible
differences or issues. It should be stressed that violent escalation of every conflict involves from
non-violence phase of the conflict. None violence conflict can be defined as a situation in which
at least two parties or their representatives try to pursue their perception of mutually
incompatible goals by undermining, directly or indirectly each other’s goal seeking capability.
The absence of violence does not mean that the absence of conflict because of that, conflict may
be violence and non-violence conflict (Graves, 2004).

2.4.3 Intra personal And Interpersonal Conflict

Intrapersonal conflict, which occurs within an individual, often involves some form of goal
conflict. Goal conflict exists for individuals when their behavior will result in outcomes that are
mutually exclusive or have compatible elements (both positive and negative outcomes (Fisher,
2000; 3).

Inter-personal conflict, on the other hand, is a type of conflict which occurs between two or more
individuals rather than one individual. Two managers competing for the same promotion, two
executives who compete for a larger share of corporate capital are examples of conflict between
individuals. Reasons for interpersonal conflict may include like personal differences,
psychological problems, different perceptions, clashes of interests, power and status difference
and scarce resources etc. (ibid).

2.4.4 Intra group And Intergroup Conflict

12
A group experiencing intra group conflict, may eventually resolve it, allowing the group to reach
a consensus or the group may not resolve the conflict, and the group discussion may end in
disagreement among the members. So, intra group conflict is a conflict that occurred within a
group. Intergroup conflict is a conflict which occurred between or among groups (Fisher, 2000).

2.5 Causes of Conflicts

Any issue or factor that contributes to people grievances can be considered as causes of conflict.
There are many causes of conflicts. These can include clashing material interests, lack of
material benefits, differences in identity, ideological, stereotypes and prejudice etc. (Fisher,
2000). To develop the nexus between conflict and its resolution mechanism, understanding the
various causes of conflict is essential. Effective understanding of causal factors initiating conflict
is also paramount to adopt and develop a mechanism to resolve the conflict. It is often believed
that understanding the problem is half way to resolve the conflict. Resolution, in this context,
starts with understanding the causal factors of conflict.

The various social conflict theories are attempted by scholars to provide frameworks for the
understanding of conflict, especially causes or sources of conflict, the condition under which
conflicts occur, and sometimes the condition for their resolution. The following are among the
different theories of conflict that describe the sources of conflict.

2.6 Theories of Conflicts

There is no single theory of conflict that can widely accept. Each theory explains the analysis of
causes of conflict. The following theories are theories which told us the causes of conflict.

2.6.1 Human Needs Theory

When human needs cannot be attained within the boundaries of existing social relations and
institutions, individuals and groups seek to enter in to conflict. Lack of institutional responses to
essential needs, or even the denial of development requirements, generates a conflict. This theory
assumes that human needs are essential elements for survival. Therefore, fighting to get identity,
basic needs, is the causes of conflict according to this theory. For this theory, when we tried to
fulfill our needs, we should not fulfill our needs at the expense of the others. Because others also

13
need to be fulfill. Therefore, we should recognize also the others interest unless otherwise if we
could not recognize them, it is mandatory to raise conflict (Burton, 1990).

2.6.2 Economic Theory

According to this theory, conflict is the result of greed (intention to get something), or of
grievance (anger arising over feelings of injustice. Therefore, for this theory, grievance because
of absence of something like food, justice, equality, and so on) and the greed (self- centered
behavior) are the causes of conflict (Florin, 2005).

2.6.3 Frustration Aggression Theory

According to this theory, human beings are goal oriented. If we miss something that we need to
achieve, then we are going to frustrate psychologically, then this become frustration. The
intensity of frustration depends up on whether the goal has opportunity to get or not. Then, the
individuals think that aggression is the final solution for the frustration. That means they need to
find a solution by aggression or by violence (Dollard et al, 1939) cited in Berkowitz, 1989)

2.6.4 Realist Theory

Proponents of this theory argue that conflict has its roots in forces that are inherent in human
nature and since human nature is selfish, individualistic and naturally conflictive, that states will
always pursue their national interests defined as power, and that such interests will come in to
conflict with those of others leading to the inevitability of conflict (Florin, 2005). Therefore,
according to this theory, the problem comes from the nature of human beings.

2.6.5 Relative Deprivation Theory

This theory claims that conflict arises when the expected ability to satisfy basic material and
social needs rise disproportionately to what society is able to and does deliver. The failure of
political systems to consistently meet people’s social and material expectations can translate into
a negative mood that instigates political action. A continued improvement in life conditions may
eventually begin to decline, involving growing unemployment, declining material production,
and disproportionate tax burdens. Despite deteriorating conditions, expectations based on wants

14
and aspirations tend to remain steady. People’s expectations are not easily suppressed or
contained for a long time, and this leads to their frustration. Thus, a shift from social and
economic progress to a state of recession is encountered with a high level of uncertainty and
anxiety. Relative deprivation arises from a gap between people’s expectations and their actual
obtainment especially commensurate to capabilities. That means conflict rises as a result of a gap
between anticipation and actual or reality. According to this theory, when the expectation is high
and the reality is low there is high probability to create conflict (Jeong, 2008).
2.6.6 Structural Conflict Theory
This theory has two main sub-orientations; the first one is Marxist structuralism theory.
According to this school of thought society is organized in the form of different classes, upper,
middle and lower classes. As a result of the division of the society, we can get different divisions
based on economic, political, social etc. Then, when some of them are benefited from the
division, the other also harmed. This brings a strong fraction leads to conflict. According to
Marxist theory, Capitalization brings a conflict because there are rich and poor societies and this
will lead to conflict. Therefore, according to this theory, as a result of unequal distribution of
wealth in those classes revolution will be created. This is a reason for the creation of conflict
(Florin, 2005).

The second school of thought is Liberal structuralism. According to this theory, the problem is
not in class division rather it is because of policies. The problem is not about the ideology rather
the structural problem must be avoided by adjusting a policy (policy reform) (ibid).

2.6.7 Conflict Transformation Theory

The central point of view for this theory is that certain transformation capacity must be present
among the conflict parties involved. To bring a harmonious relationship among individuals or
groups, they should transform their relation. They have to be avoided the bad mentality (Miall,
2007).

2.6.8 Cultural Conflict Theory

For this theory, culture is the means or as a driven force to conflict. Those cultural based
conflicts may be taking a long period of time to tackle those conflicts (Florin, 2005).
15
2.7 The Concept of Peace

Conflict is as old as creation and is the greatest enemy of peace but a uniquely unavoidable part
of man. It relies on reality and attempts to control all human actions. Sometimes, it is
experienced within the individual or between individuals, and sometimes among groups, states
and even transcends to other creatures. The fact that this phenomenon exists in all creation makes
it difficult to understand (Eloma, 2014; 15).

When conflict is resolved, there is bound to be peace. Conflict and peace have been subjects of
investigations in political science, sociology, economics, psychology and other human sciences.
The major concern has been how to give meaning to this phenomenon, diagnose its structures,
locate its causes and attempt to find solutions and achieve peace.

Peace is one of the most contested, complex and ambiguous concept to define partly because of
normative content of the concept (Galtung, 1969). It is difficult to define peace like many
theoretical terms such as happiness, harmony, love, justice and freedom. The most simplistic but
popular understanding of peace is that it is the opposite of conflict or violence (ibid). In the early
years of peace studies, it was assumed that peace is the opposite of war. Peace was defined as the
absence of war, partially because the early peace studies was strongly motivated by the reflection
on the tragedies of the Second World War and by a sense of crisis of human survival caused by
the danger of a total nuclear war between the two superpowers(Matsuo, 2005;19).

In the conceptualization of peace as the absence of war, if there is a war there is no peace and if
there is no war there is peace. The expanded definition of violence led to an expanded definition
of peace. There are two types of peace. Those are negative and positive peace (Galtung, 1969).
Negative peace is absence of violence, pessimistic, curative; peace cannot always be peaceful
means. While, positive peace is manifested through structural integration, optimistic, preventive
and seeks to attain peace by peaceful means. Peace is not merely the absence of direct
violence/negative peace/ but also absence of structural violence/positive peace/ (Galtung, 1969).
The notion of structural is also relevance in conflict theory and development research because of
its social justice connotations.

16
According to Galtung (1969), there are three dimensions of violence. Those are direct violence
or personal violence, structural or indirect violence and cultural violence. To begin with direct or
personal violence, it occurs when there is an actor or tangible action such as war or domestic
violence that does injuries to people. This shows the common view of peace as the absence of
war and other violations of personal sovereignty. For Galtung, the absence of this direct violence
is called negative peace. Examples of direct violence include acts of war, torture, fighting, gun
violence, physical abuse and emotional abuse (ibid).

The second dimension of violence, as Galtung (1969) stated, is structural violence or indirect
violence. This is a type of violence where there is no such actor as structural or indirect. It is
caused not by direct harm of individuals or actors, but by systems of unequal power that
structure unequal life chances such that a person’s potential is unrealized. Therefore, in that
racial or sexual discrimination, declining terms of trade, malnutrition, famine, and
unemployment affect people’s life such that realization of their potential is constrained.

The third dimension of violence that stated by Galtung (1969) is cultural violence. The meaning
of cultural violence is grasped through its relationship to the other two categories of violence-
direct or personal and indirect or structural violence. Thus, it refers to those aspects of culture,
the symbolic sphere of our existence that can be used to justify or legitimate direct or structural
violence.

Generally, according to Galtung (1969), peace is the sum of negative peace and positive peace or
peace is the absence of direct violence (personal violence) and the absence of structural (indirect)
violence.

2.8 Conflict Resolution Mechanisms

The biggest challenge today confronting humans is not about the occurrence of conflict, but how
these conflicts are fully resolved whenever they occur to prevent them from further escalating.
Conflict will continue to exist with humanity since they like death, are inevitable (Bukari, 2013;
86).It is clear that conflict is unavoidable and inevitable. Hence, the most important issue is how
conflict can handle it peacefully. Conflict resolution, therefore, is defined as a situation where
the conflicting parties enter in to conformity that solves their central disagreement, recognizes

17
each other’s continued existence as parties and end all aggressive behaviors against each other.
Thus, conflict resolution is something that necessarily comes after conflict. Conflict resolution is
a path to peace and serves other values, such as maintaining social order, economic development
and social cohesion (ibid).

Conflict resolution is a fast growing academic field that need to find its place in the world of
disciplines. In addition to this, conflict resolution is a more comprehensive term, which implies
that the deep-rooted sources of conflict are addressed and transformed. This implies that it is a
mechanism where conflicted parties come together and sort-out their incompatibilities and
conflicts by peaceful means (Wani, 2011; 105). Therefore, conflict resolution refers to a range of
process, aimed at alleviating or eliminating sources of conflict. It is an umbrella for a whole
range of methods and approaches for dealing with conflict. Conflict resolution has immense
importance and relevance. It can be possible to conclude that only through the conflict resolution
mechanism, conflict or incompatibilities can be checked and minimized and peace can be
established. Conflict resolution, as a mechanism of peace building and peace making process, is
an integral part of social justice and social transformation which aims to tackle the human crisis
that comes as a result of conflict. Conflict resolution is the best weapon that can be protected
from violence and destructive conflict. It can be argued that conflict resolution mechanism is the
protector and guardian of the peace, harmony, social justice, world brother hood, and equity
across the globe.

There are different peaceful mechanisms of conflict resolution. For instance, the following are
the main peaceful way of conflict resolution mechanisms.

2.8.1 Negotiation

Negotiation is a mechanism through which discussion conducted between two or more

contestants in order to reach on agreements. In this case no third party is allowed to propose and
give decisions rather the decisions are given by the disputants themselves (Guliver, 1979 cited in
Yewubneh, 2016).In line with this (Singer 1990, cited in Yewubneh, 2016).Those are
competitive and collaborative negotiations. In the case of competitive negotiation, either of the
disputant in conflict is benefited at the expense of the other. Whereas, collaborative negotiation

18
is win-win problem solving mechanism which aimed at joint gain of the parties through fair
distribution of the pain of losing, an act that favors good future relationship of the parties.

2.8.2 Mediation

Mediation on the other hand is the other type of peaceful way of conflict resolution mechanism
whereby a neutral third party, acceptable to all disputants, facilitates communication that enables
parties to reach a negotiable settlement(Temitayo, 2014;343). Mediation as, defined by Tefera
and Mulugeta (2009; 39), is the intervention in a conflict of an acceptable third party who has
limited or no authoritative to make a decision but whose role is to assist the involved parties to
voluntarily reach a mutually acceptable settlement of the issues in dispute. That means the
mediator does not have a power to give binding decisions but helps them to tackle their problem.
Mediation, as Schellenberg (1996) 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 as decision-maker but a
facilitator of the negotiation. Mediation, differ from arbitration where the outsider decides for the
parties (their behalf) how the matter is to be resolved. Although a mediator may recommend or
try to influence a party, he or she has no comparable decision making powers and practical or
legal ability to compel any party to do or refrain from doing anything. This is to mean that
mediation is not binding. Therefore, mediation is the process of peaceful conflict resolution
mechanism in which the neutral third party intervenes to resolve conflicts. The role of mediator
is facilitating conditions for disputants to negotiate and assist the resolution process (Tefera and
Mulugeta, 2009; 39).

2.8.3 Arbitration

Arbitration on the other hand involves a third party who make a binding decision based on legal
norms, principles and facts. Accordingly arbitrators have to be impartial, have good conscience
and respect the objectivity of the process (Jeong, 2000 cited in Yewubneh, 2016). is typically an
out- of- court method for resolving a dispute in which a party submits a disputed matter to
impartial person (the arbitrator) for decision. The arbitrator controls the process; listen to both
sides and make a decision. Like a court trial only one side will prevail, but unlike court litigation
appeal on the merit of the case is limited. It involves third party who makes a binding decisions
19
based on the norms, principles and facts. Therefore, the final decision lies with the arbitrator
(Nieuwmeijer, 1998 cited in Yewubneh, 2016).

2.8.4 Adjudication

Adjudication is a type of conflict resolution mechanism through court. That means the conflict
resolution mechanism uses courts legally based on the established laws, procedures and
structures (Schellenberg, 1996 cited in Yewubneh 2016). Therefore, use of adjudication process
requires familiarity or knowledge of the established procedures, formality and rules of the
system.

Therefore, there are two forms of conflict resolution mechanisms; formal and informal conflict
resolution mechanisms. The formal way of conflict resolution is conducted through litigation as
the conflicting parties are subject to court procedures and final judgment thereby the parties
become binding to the court decisions, but the informal one is accompanied with major
components such as mediation, arbitration, and negotiation among the others (Macfarlane, 2007).
Generally, the aim of conflict resolution is not the elimination of conflicts, which is impossible
and undesirable, rather the aim and primary objective of conflict resolution is to transform actual
or potentially violent situation in to peaceful process.

2.9 Indigenous Conflict Resolution Mechanisms in Africa

Conflict is inevitable in all societies. It is a phenomenon that occurred in all human society due
to differences in interests, goals, values and aims among people. Most conflicts arise in the basic
units of society such as within families, clans, villages, locations or other small units. Amongst
most African communities there are frameworks that are in place for the resolution of conflicts
and for preventing their escalation into violence, thus threatening the social fabric.

Indigenous conflict resolution mechanisms are playing an important role in resolving conflicts
and maintaining peace and stability in a community. To resolve conflicts and maintain peace in a
specific community, indigenous conflict resolution mechanisms plays major role. According to
Macfarlane (2007), indigenous conflict resolution institutions run by elders who are well known
and respected members of the community and may comprise religious leaders, wise-men and
other community leaders. Accordingly, elders are associated with the cultural norms and beliefs
20
of the peoples, and gain their legitimacy from the community values instead of state. The
institution of elders is one of the crucial institutions for conflict resolution in most African
societies. Even in countries with no formal state recognition of the institution of elders, it has
remained resilient and continues to exist outside the spheres of state influence. In dispute
resolution, the institution of elders can be organized in two main ways: the council of elders or a
single elder. The council of elders usually consists of more than one elder and thus acts as a form
of third party dispute resolution system. The second form of organization is where a single elder
presides over the dispute resolution process. The most basic example of this organization is
where the eldest individual in an extended family resolves the disputes relating to that family
(Murithi, 2006). In other words, the indigenous conflict resolution mechanisms function on the
basis of local customary practices or cultural norms based on indigenous knowledge (ibid).

There are some notable examples of indigenous conflict resolution mechanisms which widely
used by the African society. The application of Gacaca to resolve “modern” conflicts in Rwanda
is one example of indigenous conflict resolution mechanism in Africa. The Rwandan societies
have been using Gacaca traditionally for so long years at a grass root level to handle any sort of
conflicts and/or disputes. Gacaca refers to a traditional Rwandan method of conflict resolution at
a village level. In cases of conflict in a Community, such as dispute over land, property damage,
material issues, or inheritance rights, meetings were convened between aggrieved parties, and
presided over by community leaders. The meetings not only were meant to sanction the violators
of the village norms, but also ensure that those accused, and found guilty, were again fully
accepted as members of the community. Reconciliation between violators and their communities
was at the core of the traditional Gacaca system (Abebe, etal 2015).

Another African indigenous institution is Ubuntu which is also an effective conception of peace
making institution in South Africa. The role of Ubuntu in conflict resolution and its very notion
in general, as an indigenous conflict-prevention and peace-building concept, it embraces the
notion of acknowledgement of guilt, showing of forgiveness, and paying compensation or
reparation as a prelude for reconciliation and peaceful co-existence. The essence of Ubuntu is to
promote a culture of peace, tolerance, peaceful co-existence and mutual development. As a
conflict prevention and peace building strategy, Ubuntu is based on the principle of reciprocity,
inclusivity and a sense of shared destiny between peoples and communities. The Ubuntu
21
tradition, in practical terms, is about reconciliation and building peace in divided societies, and
about democratic participation (Murithi, 2006).

Generally, in African societies, conflict management through indigenous institutions performs a

healing function. It provides opportunity for examinations of alternative positive decision to
resolve differences. Therefore, indigenous conflict resolution processes in Africa are part of a
well-structured, time-proven social system to achieve reconciliation, maintenance and
improvement of social relationships in the community.

2.10 Indigenous Conflict Resolution Mechanisms in Ethiopia

Indigenous conflict resolution mechanisms comprise social, economic, cultural, and religious-
spiritual dimensions in accordance with the entirety of traditions, customs and world views of a
social within the different spheres of societal life (Bukari, 2013). Those mechanisms involve
negotiations, mediations and reconciliation based on the knowledge, customs and history of the
community. The process is led by the leaders of the community such as traditional chiefs, kings,
priests, elders and other tribal leaders and takes the forms of rituals in which the whole
community takes part in it (ibid). Thus, indigenous mechanism of conflict resolution aimed at
restorative justice, keeping order, harmony and the maintenance of relationships within the
community through reintegrating conflicting parties for true reconciliation (Boege, 2006).

As long as people live in the form of group or society, there are conflicts arising from differences
of interests, prejudice, needs and ambitions. Therefore, indigenous conflict resolution approach
adopted to prevent or resolve such difference of interests determines its resolution. That means
when conflict happens, the crucial point should be the effective adoption of the necessary,
principle of the resolution. Indigenous conflict resolution mechanisms are grass root approaches
to solve conflicts by the society (Bukari, 2013). The most important elements involving in this
mechanism include the tradition of forgiveness, respect for elders because of their symbolic
authority to enforce decisions and transfer of resources as compensation (ibid).

Indigenous conflict resolution mechanisms use local actors and traditional community based
judicial and legal decision making mechanisms to manage and resolve conflicts among
individuals and within or between societies. Indigenous conflict resolution system implies that

22
local instruments that aim to resolve conflicts and promotes the local peace and create
harmonious relationship among the society. They are locally constructed institutions and
functioning according to the custom and norm of the given society (Murithi, 2006).

Indigenous conflict resolution is the capability of social norms and customs to hold members of a
group together by effectively setting and facilitating the terms of their relationship. Indigenous
conflict resolution mechanisms are grass root approaches to solve conflicts by the society. These
systems have been given different names by different scholars. For example, traditional conflict
resolution mechanisms (Tesfaye, 2009), restorative justice (Macfarlane, 2007), alternative
dispute resolutions (Gowok, 2011), and indigenous conflict resolution mechanisms (Bukari,
2013) are notable names. Indigenous conflict resolution emanates from the people and serves the
people and typically incorporates consensus-building based on open discussions to exchange
information and clarity issues. Conflicting parties are more likely to accept guidance from these
mediators than from other sources because an elder’s or other concerned bodies’ decision does
not entail any loss of face and is backed by social pressure (Macfarlane, 2007).

There are different traditional practices that are used to resolve conflicts and maintain peace and
stability in the community. These traditional practices are deeply rooted in different ethnic
groups of Ethiopia and are mechanisms or systems arise from age old practices that have
regulated the relationships of the people in the community (Tasew, 2016).They are associated
with the cultural norms and beliefs of the peoples and gain their legitimacy from the community
values instead of the state. These indigenous conflict resolution practices are communicated from
generation to generation orally, and are assumed to be known by all members of the community.
In other words, the indigenous dispute resolution mechanisms of Ethiopia function on the basis
of local customary practices or cultural norms. Besides, due to the multi-ethnic composition of
the country, the practice of indigenous conflict resolution mechanisms in Ethiopia are different
from ethnic group to ethnic group and, as a result, they do not have uniform application all over
the country(Bukari, 2013).

Generally, indigenous conflict resolution is a community process involving the identification of

the root cause of the problem, and bringing all parties involved to address the underlying issues.
This usually ends with the guilty accepting wrong doing, leading to reconciliation which may

23
include compensation or just forgiveness (Murithi, 2006). The process of conflict resolution has
to do with how indigenous structures and systems ensure action in bringing peace at the
individual and community level relationships (ibid).

Article 37 of the FDRE constitution states that everyone has the right to bring a justifiable matter
to and obtain a decision or judgment by, a court of law or any other competent body with judicial
power. Moreover, article 78(5) of the FDRE constitution allows the House of People
Representatives or as the case may be state councils might establish customary and religious
courts. In addition to this, the House of People Representatives can establish other institutions
with judicial power or give recognition if they have been establish by private individuals (ibid).
There are different types of traditional institutions in the country that have their own customary
methods to settle conflicts. From these, Gada system of conflict resolution in Oromo is among
the indigenous conflict resolution mechanism (Desalegn etal, 2005). This institution is well
respected by the Oromo society.

Ada is also another indigenous conflict resolution mechanism which practiced by the Afar
people. The Afar people believe that all disputes within their ethnic group should be settled
peacefully and according to the long standing customary laws (Mad’aa). Madaa consists of
specified guidelines and rules on how to handle dispute cases (Kelemework, 2011).

Therefore, there are different types of indigenous conflict resolution mechanisms which
exercised by the people of the country. Those indigenous conflict resolutions are differ from
place to place in their application. This is because of that they are implemented based on the
local traditions and believes.

2.10.1 Common Features of Indigenous Conflict Resolution in Ethiopia

The biggest challenge today confronting human nature is not about occurrence of conflict, but
how to these conflicts are resolved whenever it occur and prevent it from further escalation
(Bukari, 2013). Conflict resolution is crucial for day-to-day coexistence as human & societies are

24
in constant search of resolution mechanisms of conflicts. Conflict resolution mechanisms in
Ethiopia can be broadly classified as formal conflict resolution mechanism (state justice system)
and indigenous conflict resolution mechanisms (Alula & Getachew, 2008). The formal conflict
resolution mechanism was introduced in Ethiopia since 1960, and subsequent laws issued by
succeeding governments (ibid).

According to Alula & Getachew (2008:1) indigenous conflict resolution mechanisms are
prevalent throughout the country at local level and it is dominant justice system in the country.
Indigenous mechanisms of conflict resolution are made by people not by the state and drive its
legitimacy from participation & consensus of the community and its recognition of the same by
the government (ibid).

Indigenous conflict resolution mechanism emanates from the custom of the people as practiced
over long period of time accepted by the community as governing principle and hence binds the
society ( Dage & Bapu, 2013;2 cited in Daniel Mekonen, 2016). Ethiopia as the home for various
ethnic groups, have developed indigenous mechanisms of conflict resolution. Different ethnic
groups develop their own indigenous mechanisms of conflict resolution with certain peculiar
features. These indigenous conflict resolution institutions of different ethnic groups were the
major body of law in Ethiopia for centuries. The use of indigenous conflict resolution
mechanism in Ethiopia is deeply rooted in the custom, culture, & tradition of various ethnic
groups, which could play a big role in resolving violent conflict (Daniel, 2016; 1)

Therefore, there are certain features that indigenous institutions attribute in common. First, they
use Intermediates as third parties who act as an intermediate between the disputant parties
(Tefera& Mulugeta, 2009). Second, they have the nature of proceeding where after the
nomination of the third parties, they will officially start their function of pushing or persuading
the disputants to submit their matter for review before them. We might not get formal and
standard step followed by all indigenes mechanisms of conflict resolution. But mostly they will
make men investigation as to the nature of the conflict & personal characterization of disputants
(ibid).

Third, the subject matter of dispute presented before the third parties. It is also usual to see
serious criminal matters like homicide & offences against property being referred to the hands of
25
the third party. The payment of blood money by the murderer and his relatives to the families of
the victim is common form of remedy for such a care in most parts of Ethiopian localizes for
away from big cities, and some witnesses the effectiveness of the method in creating sustainable
peace & harmony in the relation of the relation of both parties by avoiding retaliation among
them (Tefera & Mulugeta, 2009; 86).

Fourth, they are alternative to the court which means they are designed by the society without
going to the court (Tesfaye, 2009). The fifth feature of indigenous conflict resolution
mechanisms is participation of both parties in a dispute and an agreement to abide by the
outcome. In most institutions of indigenous mechanisms of conflict resolution the mediators or
arbitrators are selected from the community and these selected persons usually have experience,
knowledge or skills in dispute resolution, & they often have a respected and higher status than
the litigants (Muradu & Gebreyesus, 2009;182)

2.10.2 Strengths and Weaknesses of Indigenous Conflict Resolution

Mechanism in Ethiopia

Indigenous conflict resolution mechanisms have their own strengths and weaknesses. The
following are some of the strengths of indigenous conflict resolution. First, they are
advantageous in terms of reduction of costs and time (Tefera and Mulugeta, 2009; 18). One of
the motivations of indigenous conflict resolution is to reduce the cost and time involved in
resolving disputes. If a new dispute resolution system can reduce cost and achieve outcomes that
are just as good as those under previous systems, it makes a new system desirable. Law suits are
expensive and some times the cost goes even the extent of making the victory of a party
insignificant or exceeding of the amount of judgment.

Second, indigenous conflict resolution mechanisms improve the relationship of the disputant and
for the whole society (Tesfaye, 2009). Since the parties make an agreement on how to solve their
problem and the system creates win- win out come between the disputants, they improve the
relationship among them and with the society (ibid). The third advantage of indigenous conflict
resolution mechanism is that it results satisfactory outcome for the disputant parties (Tefera and
Mulugeta, 2009). Whatever the process used, indigenous conflict resolution mechanism solves
the problem with creating satisfactory outcome on the parties towards workable, durable and
26
easily implementable outcome. The fourth strength or advantage of indigenous conflict
resolution mechanism is in relation to accessibility. Many indigenous conflict resolution systems
work at local level through community leaders as a decision makers. They are conducted in the
local language (ibid).

On the other hand, indigenous conflict resolution mechanisms have also some limitations or
weaknesses. The following are among them. Firstly, they have inequitable in their function
(Alula& Getachew, 2008; 264). According to them, women are excluded from participation in
indigenous conflict resolution mechanisms. They are usually not decision makers, and the
mediators and arbitrators are almost always exclusively given to men. In addition to this the
system may not fulfill the specific needs, rights and interests of children and young persons
(ibid). Secondly, indigenous conflict resolution mechanisms are non-compliance with the human
right standards (Boege, 2006, cited in Yewubneh, 2016). He puts that the practice of indigenous
conflict resolution mechanisms often contradicts Universal Declaration of Human Rights. For
instance, the practice restricts the participation of children and women. The third limitations is
according to him are that the applicability of ICRM is confined to a specific group such as a
specific community, family lineage or neighborhood. In addition to that, (Osagahae, 2000 cited
in Yewubneh, 2016) points out that structure of traditional mechanisms and institutions are open
for abuse, politicization and corruption. Furthermore, he points out the weaknesses of ICRM in
relation to age or gender bias for example, in cases with no women elder, some women may
believe that male elders are biased against women and that this will be reflected in their
decisions. The third weakness of indigenous conflict resolution mechanism is lack of uniformity
(Alula & Getachew, 2008; 264). There are a large number of ethnic groups in Ethiopia and most
of them have their own specific indigenous conflict resolution institutions. This gives rise to
different verdicts for different offences resulting in lack of consistency and potentially unfair
judgment (ibid).

27
CHAPTER THREE

Research Methodology

3.1 Research methodology and design

3.1.1 Research approaches

There are two dominant research approaches, also called paradigms; to social research: the
quantitative and the qualitative approaches. In line with this approach, the researcher is used
qualitative research approach. The main reason that initiated the researcher to use qualitative
research approach is to get in-depth and rich information about the indigenous conflict resolution
mechanisms in the study area. According to Straus and Corbin (1998), cited in Yewubneh, 2016
qualitative methodology is a typical research approach which enables to come up with data that
cannot easily produced by statistical procedures or other means of quantification Qualitative
research approach helps to exploring and understanding the meanings of individuals or groups in
relation to human or social problem (Lincoln, 2000; cited in Yewubneh, 2016). Moreover,
qualitative research is preferred to collect data about human life, experience, behavior, emotion,
feeling, cultural phenomena and their interaction with nature (ibid).
3.1.2 Research design

This study was designed to exploratory research design. Why the researcher is prefer exploratory
research design is that the objectives, research questions and nature of the problem needs in-
depth exploration of indigenous experiences of resolving conflict in its natural setting (Creswell,
1998; cited in Yewubneh, 2016). To investigate practical knowledge from people who have had
practical experience with problem to be studied, exploratory research is useful to obtain new
ideas relating to the research problem (Kothari, 2004). Therefore this particular study focus on
exploring experiences, ideas, perspectives, relationships, systemic and cultural interaction of the
Amhara regional state particularly semen shewa zone Moretina Jiru Woreda.

3.1.3 Sample size and sampling techniques

The researcher used non probability sampling techniques particularly purposive sampling to
select the study area and the respondents of the study. Why the researcher selected purposive
28
sampling is that purposive sampling is selecting by some arbitrary method because it is known
that it will produce well matched groups. As Kruger and Newman (2006) cited in Yewubneh,
2016, explained in purposive sampling the researchers select a sample with a purpose in mind.
Moreover, purposive sampling is important to peak out the sample in relation to some criterion
which is considered important to the particular study. Accordingly the researcher was selected
the study area using purposive sampling procedure because of the Moretina jiru Woreda is an
area where the researcher is well familiarized and the researcher believe that this area gives a
good opportunity in finding research participants to have good understanding of the environment
in which this research was conducted. The researcher take four kebeles through purposive
sampling from 26 kebeles. These kebeles are Jihur, Koseamba, Chefea and Weiramba.The
reason why the researcher was selected those kebeles from the rest kebeles is that those kebeles
have more comfortable access of transport than others and the researcher is familiarized with
those kebeles because the work place of the researcher is nearer to those places than others. The
researcher used non probability sampling particularly purposive sampling to select the
respondents of the study. Accordingly the researcher selected 10 shimagles purposively from the
four kebeles. To select those respondents the researcher was collected information from social
courts (mahberawi fird bet of the study area and other persons. The respondents that was selected
through purposive sampling are 5 priests. Because the researcher believes that the religious
leaders have their own role in resolving conflict in the study area. The researcher was also
selected one young individuals from each kebeles to determine the shimgilna institution in line
with the continuity and effectiveness of the system and two person from each social court
(mahberawi fird bet) of the four kebeles to investigate the relationship of social courts
(mahberawi fird bet) and the indigenous mechanisms that are used by the society to solve their
conflict. Therefore the total number of the respondents are 27 this is because of that sample sizes
are typically smaller in qualitative research. Determining adequate sample size in qualitative
research is ultimately a matter of judgment and in evaluating the quality of the information.
3.1.4 Sources of data

For this study both primary and secondary sources of data were used from various instruments.
Primary data was collected through in-depth interview, focus group discussion and personal

29
observation. Secondary data was collected through reading of different documents that help to
analyze the practice of indigenous conflict resolution mechanisms (shimglina) in the study area.

3.1.5 Data collection instruments

3.1.5.1 Interview
In-depth interviews are useful when you want detail information about a person’s thoughts and
behaviors and want to explore new issues in depth interview (Boyce, et al, 2006; cited in
Gebreselassie 2011). The researcher was employed based on in-depth interview with 15
informants, who are knowledgeable and experienced in indigenous conflict resolution
mechanism. Those are six elders, three priests, two young persons and four from social court of
the four kebeles. The type of interview that the researcher was used semi-structured interview.
The researcher followed both structured and unstructured questions and select this type of
interview because it gives freedom to supplementary questions. Moreover, since the researcher
used exploratory research design, it is better to use semi- structured interview. The informant’s
number are limited to 15 because as the number increases the data would be saturated. The
informants was selected based on their age, profession, experience, knowledge and social
acceptance among society.
3.1.5.2 Focus group discussion (FGD)

The intention behind to undertake focus group discussion is due to its importance in internalizing
different views in relation to the indigenous conflict resolution mechanism. Conducting any FGD
help the researcher to develop an understanding about why people think the way they do,
members of the focus group can bring forward ideas and furthermore interactions found in group
dynamics are closer to the real life process of “sense making” and acquiring understanding
(Bryman, 2004;cited in Yewubneh Yemanebrihan, 2016). Two group discussions was conducted
to collect the intended data. The FGD was conducted two times for each group. The first group
discussion was contain 6 participants. Those are two from elders, one from priests, one from
Youngers and two from the social court. The second group discussion was also contain six
participants. Those are two from elders, one from priests, one from Youngers and two from
social court. In order to select the priests and elders (shimagles) the researcher would be

30
collected information whether they have a good experience in solving conflict through
indigenous mechanisms in the study area.

3.1.5.3 Personal observation

Observation would be conducted to determine the operational methods of the indigenous conflict
resolution mechanisms. Data gathered through observation is valuable in determining whom to
recruit as an informant for the study and how best to recruit them (Mack et al 2005; cited in
Yewubneh Yemanebrihan 2016). According to Mac and Ghail (1994), cited in Gebreselassie,
2011 the participant observer collects data by participating the daily life of those he or she is
studied. This observation was try to verify and reinforced the information that obtained from
interview and FGD. The observation would be conducted without any prior notification of the
local communities to conduct their indigenous system of conflict resolution mechanism. This is
because the researcher believes that they do not alter their mode of operation for the duration of
the observation. This may allow for the participants to conduct the indigenous mechanism of
conflict resolution in their natural settings. Accordingly, the researcher gathered information
from the local elders if there is an indigenous conflict resolution mechanisms in the study area
and then the researcher go to them to observe indigenous conflict resolution mechanism
(shimglina).
Inclusion criteria
For the purpose of this study, the researcher selected 15 key informants who satisfied the
following criteria. So, participants who have:
1. The experience and participation in shimglina resolution process
2. Females who have leadership ability
3. Elders who are above 50 years old where voluntary as a study participant.
4. Priests who have a good experience in resolving conflict
5. judges who work in social courts with their willingness to participate in the interview and their
ability to give consent.

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CHAPTER –FOUR

Data analysis and interpretation

4.1 Description of the study area

Moretna jiru is one of the woredas in the Amhara region of northern shewa zone of Ethiopia. It is
named in part after the historic district of shewa, moret which lay between the Jamma River and
the district of shewa meda part of the semien shewa zone. Moretna jiru is bordered on the south
by siyadebrna wayu, on the south west by Ensaro, on the northwest by Menz Keya Gebreal, and
on the east by basona werena.
The administrative center of Moretina jiru woreda is Enewari, other towns in moretna jiru
include Jihur. Based on the 2007 national census conducted by the central statistical agency of
Ethiopia (CSA), this woreda has a total population of 92,937.

4.2 The Essence of Conflict in the Study Area

In relation to the conception of conflict, the participants of the study area have different
perceptions. Most of the interviewed key informants code KI-01 viewed conflict as inevitable
and natural which prevails in any society. This is supported by the interviewed key informant
from KI 02 in the form of proverb. According to the respondents KI-02, the proverb which indica
tes conflict as a natural phenomenon is that “kefetari wuchi manim sew kegchit netsa mehon
aychilm, gichitn beselamawi mengedi lemeftat alememoker gin seytaninet new”. This is to mean
that to be free from conflict you must be God, and, if you reject to solve the conflict peacefully,
you must be Devil. In addition to this, another respondent from KI-01 also add a proverb that
“Enkuan sew ena sew digaym yigachal”. Which means even stone with another stone can be
collide. In relation to the concept of conflict, key informants code KI-03 added that conflict is a
clash of ideas between or among friends, neighbors, brothers and soon. It can also be among or
between people in general, it is possible to say that conflict is considered as inherent phenomena
and what makes the disputant parties harmed is because of failing to solve their difference
peacefully. Therefore, the main issue here is that managing the dispute before it escalates in to
violent expressions.

32
On the contrary, some interviewed participants of the study conceived conflict as bad and
destructive. According to some informants from code KI-02, conflict most of the time leads to
the destruction of resources and human life. The respondents revealed that conflict could damage
the relationship of individuals, groups, and the society at large.

4.3 Causes of Conflict in the Study Area

Regarding to the cause of conflicts, data was gathered from the key informants and focus group
discussions. Accordingly, the interviewed key informants of code KI-01 viewed the cause of
conflict that the resources in this area are limited but our wants are unlimited. Therefore, to fulfill
our needs, we want to have better advantage than others. On the other hand, the other people will
not allow to be taken away their resources. So these differences lead to conflict. The data which
grasped from KI-03reveals that conflict is not caused by a single factor; rather it is the result of
interplay of a number of factors. This was also supported by Fisher (2000) in his explanation of
causes of conflict. For him, conflict has different causes. For example, economic cause of
conflict, which involves competing motives to attain scarce resources; value conflict, which
involves incompatibility in ways of life, ideologies – the preferences, principles and practices
that people believe in. Power conflict, that occurs when each party wishes to maintain or
maximize the amount of influence that exerts in the relationship and the social setting, is also
common as a cause of conflict.
According to the informants’ code KI-01 view; there are different causes of conflicts in the study
area. According to the interviewed KI-01, the first common cause of conflict in Moretina Jiru
woreda, is conflict over border of farm plots. This is because the question of land is a matter of
life and death. This is because land is scarce natural resource and an economic based conflict.
The second cause, according to the informants code KI-01, is drunkenness. Especially the youth
of the study area drunk areki (local beer) beyond their capacity and then they intoxicated and
enter in to unexpected conflict without pre-existing differences just they are intoxicated by local
beverages. This type of conflict which emanated from such drunkenness could lead the
disputants to physical injury or to lose a body part. This is the major factor that facilitates
conflict among the young generation in the current time.
Respondents of the Focus Group Discussion code FGD-001 also explain that the main cause of
conflict especially for the conflict which creates among the youths is drunkenness. Most of the
33
young person drunks the local beer and can expose to intoxication. Mainly, as the respondents
explain, during the market day which is Saturday the youths enter in to the home of the local
beer (areki bet) and then drunk beyond their capacity till they intoxicated and start to fight each
other. This leads them to unwanted loss of body part and loss of other materials even to death.
Hence, according to the key informants and focus group discussions of the study area, excessive
usage of alcohol is one of the main causes of conflict.
The third cause of conflict, as mentioned by the key informants code KI-02, is wushma which
means extra sexual practices out of wife or husband. According to the focus group discussion
code FGD-001, and key informants code KI-02, most of the time conflict among husband and
wife is created by having an extra sexual relationship with others by one of them which locally
named as wushma.
The fourth cause of conflict, as stated by the interviewed key informants code KI-01, is grazing
land. This is to mean that conflict is raised when somebody leaves his animal to graze on the
other individuals grazing area.

Generally, as determined by the above respondents, it seems the causes of conflict lies in the
three causes of conflict which explained by Fisher (2000). That means the farm land is
categorized under the economic causes of conflict as they both show scarcity of resources.
Similarly, Fisher (2000) states economic conflict involves competing motives to attain scarce
resources. Wushma, which is the other cause of conflict in the study area, is categorized under
the power cause of conflict. This is because of that this cause of conflict is a matter of
competition to maintain or maximize the amount of influence on the other individual. According
to the respondents, the other main cause of conflict in the study area is excessive drinking of
alcohol. Thus, this cause of conflict may relate with value conflict, since this cause of conflict
involves incompatibility in ways of life.

4.4 Indigenous conflict resolution mechanism in Moretina Jiru Woreda

It is clear that conflict is unavoidable and inevitable. Hence, the most important issue is how to
handle it.Indigenous conflict resolution mechanisms are parts of social system which play an
important role in the reconciliation, maintenance and improvement of social relationships (Osei-
Hwedie and Rankopo). They are deeply rooted in the customs and traditions of the society.

34
Ethiopia has been using indigenous mechanisms of conflict resolution for centuries. The
institutions of Gada among the Oromo, and the Shimagile by the Amhara and Tigray are among
others (Tefera and Mulugeta, 2009). Every society has its own traditional way of conflict
resolution besides legal settlement of conflict through judicial adjudication. Likewise, according
to the informants of the study area, most of the time people of Moretina Jiru woreda encourage
disputants to resolve their conflicts through indigenous means of conflict resolution. In the study
area, indigenous conflict resolution mechanisms are most manifested in the form of shimglna
among the society of the study area. In this regard, peoples in moretina jiru woreda have been
resolving their multi faced conflicts through different mechanisms, namely through indigenous
mechanisms particularly shimglna and modern/court system. However, for this study we focused
on the indigenous conflict resolution mechanism.
4.4.1 Overview of shimglina institution in Moretina Jiru Woreda
According to the interviewee informants code KI-01, there exists a high tendency in the study
area to use indigenous conflict resolution mechanism particularly shimglina institution to resolve
their conflicts. KI-03 also pointed out that even though cases are submitted to court system, they
are usually pushed back to local elders to solve the conflict peacefully. This implies the fact that
indigenous mechanisms of conflict resolution particularly shimglina are a better option than the
modern court system in order to resolve conflict in appositive way. The practice of indigenous
conflict resolution in Moretina Jiru Woreda is mainly depends up on arbitration systems.
According to the informants in focus group discussion code FGD- 001, Shimglna is the
indigenous mechanism by which conflict is resolved in a peaceful way in the study area. The
literal meaning of Shimglina is ‘arbitration or reconciliation by elders (Tihut and Satterfield,
2010). The name implies that elders are the main people involved in resolving conflicts. It is a
system of reconciliation which is administered by the community elders. Local elders are
selected on the basis of their reputation, knowledge of the local custom, individual talent and
conflict resolution experience.

Therefore, from the informants of the study area and the observation of the researcher, it is
possible to conclude that indigenous conflict resolution mechanisms specifically shimglina are
locally organized institutions which have a societal root and work according to the custom and
norms of a given society and work according to the specific culture of the community. According

35
to the respondents in FGD-001 and KI-02 of the study area, the society has their own indigenous
conflict resolution mechanism which is shimglna. As the interviewed key informants code KI-01
and code KI-02 of the study area expressed, shimglna is the indigenous conflict resolution
mechanism of the study area. Shimglna, as the researcher explored from the interviews and focus
group discussions, is an indigenous conflict resolution mechanism which is widely used by the
community of Moretina Jiru woreda to address different conflicts. It resolves conflicts in line
with the custom and the spiritual belief of the community. According to the focus group
discussion code FGD-001 and 002, the shimagiles are elected from the individuals of the
residents by the full consent of the conflicting parties.

The informants of the FGD-002 explain that shimglina, which is the indigenous conflict
resolution mechanism of the study area, creates a linkage with social and cultural institutions
which practiced in the society. As the same time the interviewee informants code KI-02 explains,
those social and cultural institutions are like Iddir, Mahiber and tsebel institutions which play a
great role in solving conflicts with shimglina process. Iddir is a self-help association of residents
of a neighborhood and as an optional objective of the institution; some elders of the iddir take
the initiative to resolve conflicts that arise among members. This is because, without peace it is
difficult to create any association that can benefit the members and then they need to solve any
disagreement that creates among the members. As the FGD-002 explained, the responsibility of
the religious institutions like Mahiber and tsebel also conventionally play a significant role in
resolving conflicts. According to the interviewee KI-02, when the disputants and some of the
elders and the priest have a religious association like tsebel, they should come together once a
month and serve local bread and tela and areki or the local beer at each other’s residences. When
they return the disputants to their home, they receive guests of the Mahiber to conduct the
Mahiber in their house in the next months. The elders warned for the disputants that everybody
would stop coming to the disputants’ residence for similar occasions and for others if they are
not accepted the arrangement for settling the conflict by the shimagiles. According to the
informants, the implication is that refusal to accept the effort that elders made would result
exclusion from the Orthodox Church. Thus, it is possible to say that shimglina institution is
primarily linked with the social, religious and cultural institutions.

36
In relation to shimglina institution, the researcher was gathered data on what type of criteria used
the society to elect shimagiles in the study area. Accordingly, as the key informants code KI-01
and KI-02, different mechanisms are employed to select elders to participate in the shimglina
way of conflict resolution mechanism in the study area. The criteria used to select elders as a
conflict resolution mechanism takes various issues in to consideration. As argued by the elders,
the selection of elders for shimglina follows a certain rules and requirements based on the norms
and traditions of the societies.

One criterion to select the elders is the indigenous knowledge that the elders have regarding
shimglina process. An elder who has good knowledge on the process of conflict resolution based
on the view of the people are preferred and usually elected.

The second criterion in the selection of elders for shimglina conflict resolution is the personal
quality of the individual. According to the respondents of FGD -001 and the KI-02, the personal
quality of the elder is measured by truthfulness, neutrality or impartiality, conduct and positive
attitude towards the traditions of the society. Furthermore, the personal quality of the elder is
also manifested through his concern for the peace and wellbeing of the society and his
harmonious relationship with the community.

The issue of age, as KI-01 forwarded, is also the third criterion in the selection of an elder for
being a member of shimglina as an indigenous conflict resolution mechanism of the study area.
This is understood by the society that elders have a knowledge on particular customs, skills, and
wisdom in handling conflicts and have an ability to analyze and advise disputants impartially and
being free from discrimination. According to the informants, the elders are expected to
incorporate good characteristics such as well informed, tolerance, wise, patient, being
truthfulness and the like.

The other criteria for the elders are the acceptance of elders in the community and how much the
elders are refrained themselves from those considered as unethical activities by the society , like
being drunk, adulterous, and the like. According to the informants code KI-01, elders in the
community who are associated with these disrespectful activities are not qualified to become
participants in shimglina process of conflict resolution in the study area.

37
According to the interviewed informants code KI-O2 of the study area, there are two types of
appointment of shimagiles in the study area. The first types of shimagiles are shimagiles who are
relatively stay for long period of time elected by the local areas of the study. Those are elected
by the majority vote of the people of the specific area (kebelle) before disputes are arise. Those
types of shimagiles are considered as pro-active which means they protect the society to be free
from conflict. The second types of shimagiles are temporary form of shimagiles who elect by the
consent of the disputant parties after disputes are arise. However, those temporary forms of
shimagiles elect as a result of the disagreement of the disputant to solve their problem through
the existing shimagiles or the permanent shimagiles. As the key informants explained, although
there are existing shimagiles or elders who are elected by the majority vote of the society, the
disputant parties may disagree with those shimagiles and need to elect other shimagiles by their
interest. The respondents of KI-03 also make clear that in order to elect the shimagiles, who can
solve the disputes of the parties; the disputant parties appeal to somebody who may be close
relatives of both parties and if not they may go directly to “mahberawi firdi bet” which means
social court and helps them to elect the shimagiles by their interest and choice.

4.4.2 Types of Conflicts and Mechanisms for their Resolution under Shimglna

To discuss the types of conflicts and their mechanisms of resolution, the researcher was
conducted semi- structured interview, focus group discussion and direct observation in the study
area. Thus, according to the informants of the study area, there are many types of conflicts
between and among individuals in the study area.

4.4.2.1 Conflicts Arising From Grazing Land and Its Resolution

According to the informants KI-01 of the study, this type of conflict is raised when somebody
leaves his animal to graze on the other individual’s grazing area which is locally known as
“yegtosh meret”that is prohibited area which only the owner becomes the user of that area. As
the researcher collects the information from the respondents of the study area, the settlement of
this conflict is resolved through shimglina. Shimagiles are elected by the agreement of both
disputant parties. These shimagiles are elected by having an experience in resolving such kinds
of conflicts. Then, those shimagiles may be imposing some amount of punishment for the

38
individual who leaves his/her animal on the others grazing land. But this amount of punishment
does not much harmed for the individual.

4.4.2.2 Conflicts over the Violations of Agreement and Its Resolution

Conflict over the violations of agreement between parties is the other types of conflict witnessed
in the study area and remained one of the common sources of disagreements between individuals
and groups. The failure to keep the promise, which a person has entered with other individual or
group, has the power to bring people in to conflict. As the interviewed informants KI-01 express,
this dispute or conflict is created when the borrower cannot pay back what he/she borrowed in
the time that they agreed. Then, the lender appeals to close relatives of both borrower and lender
to announce the failure of paying back what he/she borrowed. Those close relatives of the parties
ask for the borrower to know when, how and how much he or she borrows the money or any
kind of property. Thus, if the borrower admitted his mistake, the relatives of both parties told
him to pay or give the money or kind to the lender. However, if the borrower denied the case, the
close relatives make an agreement to bring in to shimglina. According to the informants of the
study, the shimagiles are elected with the consent of the parties themselves. In addition to those
selected shimagiles, there should be the religious leaders or “nefs abat” of both parties. Then, the
lender asks for the shimagiles and the “nefs abat” of both parties to pursue the borrower to admit
his or her mistake. According to the informants information, the way that the borrower can admit
without witness is when the nefs abat of both the borrower and lender ordered to “Mahla” with
“Meskel masmetat” which means touch the religious cross then the shimagiles assume that if the
borrower act this principle – touching the cross which is locally “Meskel masmetat” or ‘mahla’,
he did not take the loan and the issue ends there. But this phenomenon is happened when there is
no witness that can support for the lender. That means if the creditor has witnesses, the
shimagiles who elect by the disputant parties call for the witnesses and ask them the issue. Then
they tell them what they know and if the borrower takes the money and failed to return back in
the agreed time, the shimagiles arrange a time to solve this problem by persuading for the parties
to come up with an agreement.
39
4.4.2.3 Conflicts Arising From Border of Farm Land and Its Resolution

According to the respondents from code KI-01, KI-02 and FGD-001 of the study area, this
conflict is occurred when two or more farmers are cultivating in one border and one of them
starts to trespass the border which was well demarcated before. Most of the conflicts which
create among the society of the study area are as a result of trespassing of the land border. Thus,
the disputant farmers need to solve their problem through shimglina. Accordingly, the elected
shimagiles solve the problem with the assumption that the shimagiles have knowledge about the
demarcation of that land. Then what the shimagiles take to solve the conflict is that demarcating
the border of the farm at the original place. The appointment of the shimagiles, according to the
respondents, is conducted based on the interest of the disputant parties.

In addition to this, according to the respondents, disagreement over the inheritance of land
among members of family leads conflict and sometimes members of a family may fight each
other violently.

4.4.2.4 Conflicts Arising From Theft and Its Resolution

Theft is the dishonest taking of property belonging to another person with the intention of
depriving the owner permanently of it. In other words, the crime of theft is the taking of the
property of another person without their consent. Thus, there are also conflicts which are
occurred by theft or stolen of any properties of others. In this case before the thief is surrendered
to the court, mediation agencies or the shimagiles ask for him to accept the following method of
settlements. Firstly, the shimagiles ask the thief to give back what he/she has taken peacefully,
secondly, they told him/her to compensate for the stolen goods or moneys. Thirdly, if he/she
failed to do so he/she will be asked by court. However according to the informants, those who
stolen some properties from others choose to create peaceful relationship after the shimagiles
asked to do so.

4.4.2.5 Conflicts Arising Between Husband and Wife with Its Resolution

As the respondents explained conflicts also raise between husband and wife by different reasons.
When this conflict is created, the whole relationship of the family including their children
becomes confuse or frustrate. The reasons for this conflict, according to the informants, are
40
mainly the disagreement between them and the extra sexual relation with other either by the
husband or wife. Adultery is completely prohibited act in the study area. But some men or
women act for this prohibited behavior and this becomes a reason for conflict among the
husband and wife. Therefore, since this conflict is danger that can follow the frustration of the
whole family, it should be solved with a short period of time. Accordingly, the shimagiles solve
the problem peacefully. Among the shimagiles, it is mandatory to include the religious leader of
them, locally known as “nefs abat” to solve the conflict peacefully. Then, those shimagiles
including the “nefs abat” ask first one by one to the disputant parties to know the problem which
occurred among them. According to the informants of the study area, after they identify the
problem, they arrange a time to conduct shimglina process in a short period of time.
Accordingly, the shimagiles began their process by praying for their God and the religious
leaders ordered the participants to pray so as to be effective shimglina process. Finally, the
religious leaders told them in order not to create another mistake after that day on wards and the
disputant parties enter a promise and keep it carefully.

Therefore, it is possible to conclude that religious institution which is church, since the society of
the study area follows Christian orthodox religion, play an important role in solving conflict
using indigenous knowledge of the leaders .Orthodox Church, for example is used as a save
house for offenders and as reconciliation institutions. Yenfse Abbat(religious father) has a great
role in crime prevention in the Tigrean and Amhara followers of the Orthodox Coptic Church
(Hassen, 2014; 123). Sometimes the Church itself intervenes in serious crimes and settles them.
This indicates that religious leaders, in addition to the elected shimagiles, play a significant role
in solving conflicts which rose among individuals or groups in the study area.

4.4.2.6 Which Arises From Conflict Drinking Alcohol and Its Resolution

According to the informants KI-02, 03, and FGDs -001, intoxication is the most common causes
of conflict. It is clearly indicated that excessive usage of alcohol is one of the causes and types of
conflict. According to the observation of the researcher and the informants view, the main
current type of conflict which creates a danger result in the study area is conflict from
intoxication. This is because the individuals who participate in this type of conflict are mainly
youth individuals or the producer part of the society. Especially, in the dry season, the youth

41
drinks the local beer for long hours and they start to insult each other and finally fight each other
and even life may be lost. As the informants explained and the researcher observed, this becomes
a very challengeable to the society of the study area. However, shimagiles who elected by the
consent of the parties try to solve the conflict before it escalates to group conflict.
4.4.3 Procedures of Indigenous Conflict Resolution Mechanism/Shimglina in
the Study Area
After understanding how shimagiles are elected in the study area, the researcher has observed
directly in the process of shimglina to come up with the identifying procedure which the
shimagiles used during the process. From the direct observation, the researcher able to
understand the following shimglina processes.

The first process of shimglina in the study area, as the researcher observed directly, is that the
shimagiles who elect to solve the conflict ask for the disputant parties whether the conflicting
parties accept or reject shimglina process. Secondly, if they accept the process, the shimagiles
ordered them to bring face to face to forward their cases. Thirdly, the shimagiles asked for the
disputant parties impartially one by one to tell the truth to know the reason for the conflict of the
disputant individuals. Then fourthly, the shimagiles understood the difference among the
disputant parties. In this case, the shimagiles try to dig out the truth what happened before. The
fifth process of shimglina, as the researcher collects the data directly, is that identifying the
difference among the disputant parties and understanding the total causes of the conflict among
the parties and their failure or error. Then, they used different tactics to admit their mistake and
to solve their case peacefully. The sixth process of shimglina is solving the problem through the
party themselves as a mediators or arbitrator method. Then the shimagiles gave an important
advice for the parties to avoid conflict and ordered by religious leaders or locally named as
“yehaymanot abat”.

The researcher also observed that shimglina process has its own procedures which are applied
during the shimglina process. As observed directly by the researcher in the study area, the
followings are some of the procedures of shimglina institution. The first procedure of shimglina
is the disputant parties should arrive on time in the place that the shimglina will be conducted.
Secondly, one person speaks at fixed time which means that individuals cannot speak until
he/she told to do so. Third, it is completely prohibited to raise unnecessary voice or disturbance
42
activities. Fourth, no insult for one another, that means they should respect the right of the other.
It is impossible to violate the rights and dignity of the other. Fifth, do not involve unnecessary
materials and people more than necessary.

According to the researcher’s observation, the procedures of shimglina which explained before
help the process to end effectively. Although those procedures are not binding by the law, the
disputant parties in particular and the society in general have common understanding on these
procedures. Therefore, shimglina like court based conflict resolution mechanism has its own
process and procedures which help to come up with relevant results in solving conflict. But
unlike the court based conflict resolution procedures, procedures of shimglina institution are
emanated from the experience of the elders or shimagiles who get an acceptance by the society.

4.4.4 The Contribution of Indigenous Conflict Resolution Mechanism (Shimgli

na) to Achieve Local Peace in the Study Area

In order to understand the role of indigenous conflict resolution mechanism particularly

shimglina institution, the researcher was collected data from the interviewee informants and the
FGDs participants of the study. Accordingly, indigenous conflict resolution mechanism,
particularly shimglina institution of the study area, plays a significant role in enhancing local
peace in contrast with the court based or formal way of conflict resolution. According to the
respondents of the study, shimglina has different advantages that make it as a good facilitator to
create local peace. From the advantages of shimglina, as stated from the informants of the study
area, are like low cost, speedy; accessibility, cultural relevance, and responsiveness to the poor
people concern and have a big role in creating sustainable smooth relationship among the society
in general and the conflicting parties in particular. This is because of that the result of the
shimglina process is usually end by mutual understanding of the disputants.

According to the researcher’s observation, it is also advantageous as the conflicting parties are
active participants, raising public interest and awareness; gives rise to permanent resolution of
conflict as well as it employed non- discriminatory approach on its conduct. Since shimglina
institution aimed to resolve conflicts locally; it decreases the tension of the disputants to solve
their disagreement peacefully. Shimglina, according to the participants of the focus group
43
discussions code FGD-001, helps the community to keep control over the outcome of the conflict
resolution since implementing this approach does not require sophisticated knowledge of the
disputant parties. It allows the parties to participate in the process without any stress. According
to the interviewed members of the social court or locally mahberawi-firdi bet, shimglina play a
significant role in creating peace and stability in the area. It has also a good relationship with
social court of each kebelle. The interviewee key informants, code KI-03 explains that shimglina
and mahberawi-firdi bet works together in solving conflicts in the study area. Gebreyesus Teklu,
(2014; 117) in his study about popular dispute resolution mechanisms in Ethiopia, pointed out
that there should be smooth relationship between indigenous conflict resolution or informal
mechanisms and formal mechanisms. If there is conflict between two systems, the whole justice
system will become chaotic.

Therefore, it is possible to summarize that indigenous conflict resolution mechanism particularly

shimglina institution of the study area plays a significant role in enhancing local peace in the
society. This is because it has different advantages with in the society as it quickly respond to
crisis in terms of time, they contribute to the reduction of regular court case loads, contribute to
saving of the public money, solve the conflict based on win-win approach, minimizes the
problem in shortage of judges who work in the regular courts and budget constraints, and it is
complementary to modern government structures example with mahberawi firdi bet. It gives
access to many people who do not found modern system of conflict resolution comfortable,
affordable or suitable to their needs and disputants are satisfied with their operation and view
their outcomes as fair, and the like.
4.4.5 The Role of Women in Shimglina Institution in Moretin Jiru Woreda
According to the informants KI-04 of the study area, the participation of women in shimglina in
the community of the study area reveals that the participation of women is limited. The findings
of the research proved that women do not have problems to present their issues in the shimglina.
They have the right to elect shimagiles and accept or reject their decisions. However, as per the
cultural practices of the community, they have never been shimagiles and also they are
represented by male relatives to present their issues. Women do not directly serve as community
elders or shimagiles but women have indirect role in promoting peace in the community. KI-2
explained that women play an indirect role in creating pleasant environment in the study area.
44
Although they have never been mediators in the shimglina, women have indirect role like giving
important advice and constructive comments at their home and out of home to their children.

KI-04, explains that women are responsible to manage their family. They are responsible to
socialize children and to resolve conflicts effectively without the help of others. The participants
of FGD-002 and interview of KI-01 explained that women are the peace makers in the
community. When conflicts happen, they force the community or the individuals to resolve the
conflict peacefully. In addition to this, they use different mechanism to create peaceful
environment in the community. For example, they sanctioned their sons and husband not to
involve in any conflict and they are eager to solve any conflict which arises among the society.

In general, although women could not participate in shimglina as participants directly, they have
a wonderful effort in creating peace and shaping the day to day activities of the community. As a
result of this, the society use different sayings to show their status. For example, “set yebet mseso
nech (literally, a woman is a pillar of the house); the informants also make clear that although
women have low participations in the shimglina institution, the conflict resolution mechanisms
are conducted based on equality and fairness. Most interviewed women explain that the low
participation of women in the conflict resolution activities of the shimglina doesn’t have bias
decisions. It is because; men have mothers, sisters, daughters, wife and other female relatives.
So, making partial decisions is considered as hurting mothers, wives, sisters, daughters, and other
female relatives. The society of the study area use different sayings to appreciate and justify the
fair decisions of the elders. Some of them are; ‘frdi lefetari new’ (literally means making fair
decision is for God); ‘frdin magudel lelgi eda new’ (literally means making bias decisions leads
to have disabled children).

Therefore, the data gathered from the informants of the study area revealed that where the
participation of women in the shimglina institution and its conflict resolution activities are low,
the conflict resolution involving women are addressed equally with men. The shimagiles are not
working merely for men; rather they work for all segments of the society without any
discrimination.

On the other hand, as some informants of KI-04 stated, the less involvement of women in the
shimglina as a mediators have a negative impacts to address conflicts involving women.
45
Although the shimagiles work to make sustainable peace in the community, they sometimes
misunderstand the issues of women, and they make unfair decisions. According to the
interviewed informants code KI-04, the less involvement of women exerts problems on the
shimglina to address conflicts involving women equally with the issue of men. Thus, there are
tendencies to hurt the interests of women. As the women informants explained, there are issues
of women which understood exclusively by women themselves. Example, issues related to their
sex dissatisfaction, they do not tell for men. In resolving such conflicts, having a woman
Shimagile in the shimglina process is very important. Furthermore, the informants of focus group
discussion explained that since women are close to information which means they are the first to
hear and know the root causes of conflicts, women should be participate in shimglina.
4.4.6Strengths and Limitations of Shimglna Institution in Moretina Jiru
Woreda

According to the FGD respondents, shimglina as an indigenous conflict resolution mechanism

play a vital role in creating peace and smooth relationship among the society. This is because of
having its own advantage or strength with comparing to court based conflict resolution
mechanism. According to the informants the indigenous conflict resolution mechanism which is
shimglina is easily accessible in the community. Court system, which may not be easily
accessible due to geographical distance, transportation problem and other related factors,
indigenous conflict resolution mechanisms are nearest to the people. Hence, local communities
can easily access them and submit their cases to the concerned local actors of indigenous conflict
resolution mechanisms. They avoid the unnecessary costs which could be taken in the court
proceeding, such as court fee, lawyers fee, costs of transportation, payments in relation to
witness. Another importance in relation to this fact is that conflicting parties solved their dispute
without taking longer time which would have otherwise been taken in the court proceeding.
Court based conflict resolution takes a huge amount of time and cost. Shimglina has the
advantage of creating long-lasting and peaceful relationship among the disputant parties. This
means according to the informants of the study, the indigenous system has the capacity to restore
harmony within the community when dispute has arisen. This is to mean that indigenous conflict
management resolves the cause of the conflicts from its grass root level so that no more conflict
will re-emerge on the same issue. Consequently, disputants can live in peace and cooperation.

46
When the disputants solve their problem by their agreement, it is inevitable to have smooth
relationship among them. Satisfactory outcome with the result is also the strength of shimglina in
the study area. This is as a result of not creating grievance among disputants in relation to the
decision passed by the shimagiles.

The reason behind why shimglina creates long-lasting and smooth relationship among the
disputant parties after they solve their disagreement is the fair decision of the elders. The result is
win-win principle which means there is no loser or gainer. The other advantage of shimglina,
according to the informants, is that it avoids a tension of the disputants while they are solving
their problem. The court based conflict resolution which needs knowledge about the process of
court institution, in shimglina institution the disputant parties solves their problem without
tension or stress, because they are familiar with the process and procedure of shimglina.

Despite of that shimglina has a significant advantages, it has also its own limitations. The first
limitation of shimglina, according to the informants of the study, is that it has not specific place
and time to conduct the process. Most of the time, as the researcher observed, shimglina process
conducted in (local beer) or “areki bet”. As a result, the shimagiles may not give fair and
effective decision for disputant parties. This is because of that after they drink areki which is
local beer of the study area, they intoxicated and give unbalanced decision and they may also
exposed to another conflict. The second limitation of shimglina institution, as the informants of
the interview explain, is the exclusive nature of that institution. This is because females are not
included in shimglina process. According to the women informants, although the shimglina
institution has not clear procedure that can excluded women, they are not interested to participate
in shimglina institution. From this result the researcher could understood that shimglina creates
gender stratification, and then this is one among its limitation. In relation to its limitation, the
elder informants pointed out that in the current time the societies of the study area undermines
the shimglina institution and the individuals go to court to solve their conflict. And then this
process exposed them to grievance and instability in the area. According to the informants idea,
why the individual prefer court based conflict resolution mechanism is that when the disputant
individuals or parties want to appoint shimagiles they need to elect exclusively their close
relatives. This is because they believe that if the shimagiles are close relative of either of the
parties, he/she will support for that individual. Thus, the parties may not agree in electing
47
shimagiles who can solve their problem. As a result of this, the current status of shimglina is
decreased and then conflicts among the society are increased. According to the interviewed
informants, decreasing the status of shimglina leads to increase conflict in the society. This is
because solving conflict through court follows difficult punishment like imprisonment and
punishment in money and this lead to revenge which can hurt both parties in their future life.
Therefore, since the absence of clear principles and regulations in the election of the shimagiles
leads to decrease the effective application of shimglina institution in the study areas it can be
considered as its limitation.

48
CHAPTER FIVE

Conclusion and Recommendations

5.1 Conclusion

Based on the major findings of the study the researcher has drawn the following conclusions.
Conflict prevails in Morertina Jiru community.
1. The common causes of conflict are grazing land, border of farm land, drinking excess
alcohol and wushma.

2. The types of conflicts which arise in the study area are inter- personal types of conflicts.

3. Unless conflict is managed properly, it results in political, social and economic

destructions. The cost of conflict depends on the type of conflict resolution system that
individuals used to settle disagreements. Conflict resolution via local conflict mediators
is preferable than using formal one or court system

4. Many elders are very interested in solving conflict before destruction is followed.
However, if the conflicts are not resolved at the right time, they may have an upsetting
role in the social, cultural and economic affairs.

5. There are some traditional, cultural and religious institutions which are employed in
conflict resolution that supports shimglina. These are like Ikub, Iddir, mahber and tsebel.
The church also plays a crucial role in conflict resolution.

6. There are different reasons that forced the residents to use indigenous conflict resolution
mechanism which is shimglina. First, the cost of indigenous conflict resolution system
like material cost, transportation cost, time and other costs are low. Second, the process
of indigenous conflict resolution system takes greater speed. Thirdly, implementing this
approach does not require sophisticated party structures or expensive campaigns; but
formal conflict resolution systems are expensive. Finally indigenous conflict resolution
system is very important means of conflict resolution by increasing social harmony,
addressing common problems of the society and increase tolerance.

49
7. Shimglina method of conflict resolution helps for the re-establishment of social
relationship or bringing together of the society in general and conflicting parties in
particular.

8. There are some limitations which could hinder the effectiveness of shimglina in solving
conflict. Example, lack of specific time and place to conduct shimglina.

50
5.2 Recommendations
 The government should provide the right training for the right elders. Furthermore, to
minimize the problem of office or shelter for local elders, the local or Kebelle
administrators shall cooperate and build house by using local people and local materials
and the woreda administration shall arrange this situation.
 For modern documentation storage system, it is better that the woreda administration
should give training by selecting individuals from each Kebelle how to documenting
files and other related activities.
 One problem in relation to conflict which arises in the study area is land border.
Therefore, to minimize land and land related problems, the desk of the woreda land
administration together with the regional government shall immediately enter in to new
demarcation process and the results should be computerized in order to know the
location, boarder and owner of the land.
 The other challenge that affects the local peace in the community is the disturbance of
the Youngers caused by excess drinking of local beer or areki. This is because those
youth individuals of the study area are unemployed after they finished grade 10 and they
enter into pessimistic manner and drink excess areki which is the local beer of the study
area and they intoxicated. This affects the Youngers and the society economically and
socially in their day to day lives of the study area. Therefore, the government should give
a special attention for those individuals who have not any work and give a continuous
training that could help them to arrange their life. For example, the government should
support in creating conducive environment to get job opportunity.
 The indigenous conflict resolution mechanisms are neither written nor codified since
they are passed from generations to generations through word of mouth. They are at
great risk of dying away and should therefore be taught not only for use in dispute
resolution but also for posterity and appreciation by present and future generations.
 Shimglina institution excludes females’ participation, thus it may create inequality in
spirit between men and women. Therefore, to protect gender stratification, females
should aware to participate in shimglina equally with men.
 It is also important to have strong collaboration and networking between the indigenous
conflict resolution mechanisms and formal institutions of government.
51
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 Appendix I
Questions for interview
1. How do you understand by conflict in your area?
2. What are the role of shimglina for local peace in your area?
3. What are the different types of conflicts which occurred in your local area?
4. What type of mechanism used the community to solve conflict other than court?
5. How do you evaluate the contribution of (Shimglina) indigenous conflict resolution in
enhancing local peace?
6. What are the processes of indigenous conflict resolution mechanism or shimglina in your
area?
7. What are the procedures of shimglina institution in your area?
8. Do you think that there is a collaborative work between the indigenous conflict resolution
mechanism which is shimglina and formal court system?
9. What are the challenges or obstacles for (Shimglina) indigenous conflict resolution
mechanism process in your area?
10. How do you evaluate the current status of shimglina? Who are the participants of shimglina
institution in your local area?
11. Does the indigenous conflict resolution mechanism (shimglina) consider the gender
composition?
12. What are the criteria to elect shimagiles in your area?

Appendix II
Questions for the participants of Focus Group Discussion
1. What are the main causes of conflicts in the village? Why individuals inter in to dispute
or conflict in your village?

2. How do you evaluate the process of (shimglina)?

3. What seems the participation of women in your village during conflict resolution process?

4. How do you evaluate the effectiveness of shimglina? Is the result of (shimglina)

sustainable?

56
 5. How do you evaluate the role of (shimglina) to achieve local peace?

6. What are the challenges and weaknesses of shimglina in your area?

Appendix III
Observation check list

The purpose of this check list is to have a comprehensive understanding about shimglina process
and procedure. This observation would conduct during the shimglina process directly. The aim
of this observation check list would be mainly to answer the following questions.

1. What are the processes of shimglina used by the shimagiles?

2. Who participate in shimglina institution in the study area?
3. What procedures are used the shimagiles when they conduct shimglina process?
4. What kinds of punishment impose by the shimagiles to the disputant parties?
5. What seems the satisfaction of the disputant parties after their conflict is solved through
shimglina?

57