Indigenous laws and customs in Ethiopia have traditionally governed access to natural resources and resolved conflicts over resources. However, these indigenous systems are coming under threat from the enforcement of new laws regarding access to and ownership of natural resources.

Despite having abundant potential water supplies, the spatial and temporal distribution of water resources in Ethiopia means many communities experience water scarcity. Water security during the dry season is a major concern, particularly for rural communities in arid areas. For example, people in the Awash River Basin can spend up to six hours per day collecting water. Furthermore, the majority of Ethiopians have to depend on polluted water resources.

Conflicts over scarce water resources are common in arid areas, both within and between communities. Development initiatives in rural areas can also create problems. Disagreements over the allocation of water, inappropriate design of infrastructure, disagreements between users and authorities and tensions between beneficiaries and non-beneficiaries of development projects can lead to conflict within communities. This conflict damages the environment and community cohesion. Common environmental damage includes:

• forced movement of refugees to new lands which are previously protected or underdeveloped
• decreased community-based conservation measures as a result of loose collaboration between conflicting parties
• increased risk of disease outbreak due to poor sanitation

Research from the International Workshop on African Water Laws in South Africa argues that indigenous systems regarding access to natural resources can play a fundamental role in resolving community conflicts. One such system is the Gadaa institution in the Ethiopian Oromo society. This is a community-based system overseeing social, economic and political responsibilities. The Gadaa governs access to and distribution of water and other natural resources (such as management of grazing lands and forests) and is central to conflict resolution.

Key research findings show:

• traditional African conflict resolution systems reflect local economic and cultural conditions
• the Gadaa is a male dominated system and women are excluded from decision making, although they have parallel institutions of their own
• the Gadaa consists of men from different generations who are responsible for politics, military, access to natural resources (including water)
• conflicts over scarce resources are settled by Gadaa elders using traditional principles of conflict resolution 
• traditional systems protect water resources from over exploitation and maintain community cohesion
• rural communities greatly respect the traditional laws for governing access to natural resources and conflict resolution.

These traditional conflict resolution systems are fundamental to sustainable development, but are threatened by the enforcement of statutory laws and regulations. Modern constitutional laws have more power than Gadaa laws and operate against these traditional laws. This has caused conflict between communities and development organisations, and between different generations.

Key policy lessons suggest:

• Communities respect customary laws for resolving conflicts. Ignoring these will have negative consequences for local and national development.
• A combination of statutory and traditional conflict resolution mechanisms may increase cross-cultural understanding between development organisations, government institutions and communities.
• Indigenous institutions should have complete authority regarding access to scarce natural resources.
• Local communities should be involved in planning development projects from the beginning.
• National water resource policies should clearly recognise the role of traditional institutions in water resource management and conflict resolution.

Source(s):
‘Indigenous systems of conflict resolution in Oromia, Ethiopia’, International Workshop on ‘African Water Laws: Plural Legislative Frameworks for Rural Water Management in Africa’, Johannesburg, South Africa, by Desalegn Chemeda Edossa, Mukand Singh Babel, Ashim Das Gupta and Seleshi Bekele Awulachew, January 2005 Full document.

Funded by: International Water Management Institute (IWMI)

id21 Research Highlight: 23 November 2005

Further Information:
Desalegn Chemeda Edossa

Contact the contributor: dchemeda@yahoo.com

International Water Management Institute (IWMI)

Other related links:
'Agriculture heals the wounds of conflict'

'Exploring the causes of armed conflict in Africa'

'Access to water: a woman’s right?'

'Improving water resource governance in southern Africa'

'Measuring and meeting demand for water – experience from Sri Lanka'

'Managing the business costs of water scarcity'