Research
The impact on offenders of rivalry between the formal criminal justice system and the indigenous justice system: experiences among Borana Oromo in relation to the crime of homicide

The impact on offenders of rivalry between the formal criminal justice system and the indigenous justice system: experiences among Borana Oromo in relation to the crime of homicide

This report is part of MATTERS OF CONCERN - a working paper series focusing on new and emerging research on human rights across academic disciplines.

In Ethiopia, particularly as regards criminal matters, diverse indigenous justice systems operate de facto without state recognition. Hence, the formal justice system and the indigenous justice system co-exist in an uneasy relationship and compete without mutual recognition and support.

Owing to the rivalry between the two systems, among the Borana of Ethiopia offenders in homicide cases and their families are experiencing injustice.

In the context of the Borana, this study is examining the rivalry between the two systems and its attendant impacts on offenders in the crime of homicide.

As it reveals the status of the problematic relationship between the formal criminal justice system and the customary justice system in Borana, the study will hopefully add to the body of knowledge.

By revealing the undesirable consequences of the rivalry between the two systems, the findings of the research will serve as a fruitful input for the government in its endeavour to reform its criminal justice policy.

The study will be helpful to all stakeholders, particularly the victims of crime, offenders and the community who are unwillingly subjected to two justice systems. The study will also contribute to the scarce literature in the area of the customary criminal justice system. The issues raised in the study may as well provoke other researchers to engage in further research and lead to ensuing debates along this line.

About the author

Aberra Degefa Nagawo is Assistant Professor of Law at Addis Ababa University, Ethiopia.

Matters of concern

MATTERS OF CONCERN is a working paper series focusing on new and emerging research on human rights across academic disciplines. It is a means for DIHR staff, visiting fellows and external researchers to make available the preliminary results of their research, work in progress and unique research contributions. Research papers are published under the responsibility of the author alone and do not represent the official view of the Danish Institute of Human Rights.

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