Between Law and Custom The Jurisdiction of Customary Courts in Oromia Regional State of Ethiopia

Abstract

Since 2021, the Mana Murtii Aadaa (Customary Court) has been recognized and institutionalized across the Oromia Regional State of Ethiopia, with a mandate to adjudicate civil matters, petty offenses, and crimes prosecutable upon complaint. The Mana Murtii Aadaa is neither identical to indigenous restorative justice processes nor equivalent to regular state courts. This paper argues that the recognition and establishment of the Mana Murtii Aadaa in Oromia form part of a neo-indigenous movement that draws on key elements of indigenous epistemologies while simultaneously engaging in dialogue with the state judicial system. Consequently, it straddles state law and customary practice, respecting the constitutional order on the one hand, while retaining its restorative and reconciliatory character in transforming disputes and conflicts on the other. The study relies on primary data collected through key informant interviews with three senior judges of the Oromia Supreme Court, five focus group discussions, and observations of Mana Murtii Aadaa proceedings in Sululta Sub-City of Shaggar City. The paper finds that its establishment has created a space for innovation on the one hand, while also generating skepticism among scholars and stakeholders on the other, particularly regarding its validity, viability, and relevance within the country’s judicial system. Moreover, the impact of the Mana Murtii Aadaa on advancing access to justice and promoting women’s rights remains to be fully assessed. Nonetheless, the study concludes that the emergence of the Mana Murtii Aadaa represents a novel and evolving customary judicial development toward a restorative, reconciliatory, and inclusive justice model.