Endalew Lijalem Enyew has obtained his LL. He is currently a Ph. The customary dispute resolution mechanisms of Ethiopia are playing an important role in resolving crimes of any kind and maintaining peace and stability in the community though they are not recognised by law and not properly organised.
The customary dispute resolution mechanisms are run by elders; involve reconciliation of the conflicting parties and their respective families using different customary rituals where needed; emphasise the restitution of victims and reintegration of offenders; and aim at restoring the previous peaceful relationship within the community as well as maintaining their future peaceful relationships by avoiding the culturally accepted practices of revenge.
This article examines the legal, de jure , and factual, de facto , jurisdictions of Ethiopian customary dispute resolution mechanisms in resolving criminal matters, and explores whether they are compatible with the core values and principles of restorative justice. Based on the analysis of the relevant legislations, literature in restorative justice and customary dispute resolution mechanisms, and interviews, it is found that Ethiopian customary dispute resolution mechanisms are compatible with the values and principles of restorative justice.
Hence, it is argued that the customary mechanisms of Ethiopia can be used as a basis to develop restorative justice programmes if they are properly institutionalised and sufficient legal recognition is provided for their functioning. Parallel to the formal criminal justice system of Ethiopia, societies also have their own customary ways of dealing with crime. In many regions of the country, and especially in the remote and peripheral areas, these customary dispute resolution mechanisms are more influential and applicable than the formal criminal justice system, which is considered alien to the traditional societies Macfarlane In many regions of Ethiopia, the customary norms are more strong, relevant, and accessible than imposed and top-down legal norms.
Moreover, experiences in different regions of Ethiopia show that people, even after passing through the procedures and penalties in the formal criminal court, tend to use the customary dispute resolution mechanisms for reconciliation and in order to control acts of revenge.
