The Interaction of State and Traditional Justice Institutions in Ethiopia: The Case of Gereb Institutions in North-East Ethiopia

Abstract

The existing literature on the relationship between state and traditional justice institutions presents a range of analytical perspectives but faces several limitations. First, much of the legal pluralism literature, focusing on customary laws and formal (state) laws, narrowly associates traditional institutions with the state justice sector, neglecting broader institutional interactions.  Second, it often provides models of relationships without adequately considering the diverse regional contexts and traditional institutions found in federal systems like Ethiopia. Third, the existing case studies frequently fail to compare or establish connections between and among similar cases. This article, using the Gereb traditional institutions as the primary case study alongside comparable research conducted in Ethiopia, examines the relationship between the state institutions and the Gereb traditional institutions from legal and institutional perspectives. The findings reveal that formal legal and policy frameworks governing the Gereb institutions are absent. However, the regional states adopt a dual approach toward the Gerebs. In inter-communal conflicts, the Gerebs have de facto legal recognition; whereas, in intra-communal conflicts, the Gerebs lack such recognition but are allowed to settle conflicts through irq or ‘reconciliation’. Based on findings from the Gereb case study and other relevant studies, the article suggests that instead of imposing a uniform national framework or typologies, in this regard, such legal and policy frameworks should be left to the regional states.

Keywords: Gerebs, Interaction, Traditional Institutions, State institutions, Legitimacy, Cooperation