Africa: From Ubuntu to Gacaca - Traditional Justice Could Benefit Ethiopia's Transition

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Africa: From Ubuntu to Gacaca - Traditional Justice Could Benefit Ethiopia's Transition
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Analysis - With careful analysis and adaptation, traditional approaches to resolving disputes can complement peacebuilding.

With careful analysis and adaptation, traditional approaches to resolving disputes can complement peacebuilding.

Running de facto in parallel to the formal justice system, traditional mechanisms are the preferred means of dispute resolution for Ethiopians. A 2021 Hague Institute for Innovation of Lawreveals that Ethiopia's formal justice system resolves about 18% of legal disputes every year. By comparison, 43% are channelled through traditional approaches involving local elders, which resolve about three million disputes a year.

Identifying common traditional thinking and presenting it in multiple languages that are less technocratic may help both the dialogue and transitional justice processes. The NDC may use such an ubuntu-like philosophy to explain the importance of participation in discussions between ethnic groups, the country's federal government and its regions, and government officials and the public.

Regarding criminal accountability, traditional mechanisms could help deliver justice on a larger scale and in places where the formal system struggles. Since Ethiopia aims to reckon with multiple cases and periods of violence, the sheer volume of cases could overwhelm the formal justice system. One approach is to formally recognise traditional mechanisms and reconstitute them as customary courts. This is already happening in the Oromia Regional State toaccess to justice by alleviating the burden on formal courts. The Justice Ministry is encouraging other regions to follow suit. Ethiopia's transitional justice process could leverage this development and incorporate customary courts into a process similar toThere was a problem processing your submission. Please try again later.

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