{"title":"将土著争端解决机制作为恢复性司法纳入埃塞俄比亚刑事司法系统的途径","authors":"Abebe Bahiru Bezabh","doi":"10.13189/SA.2019.070703","DOIUrl":null,"url":null,"abstract":"Ethiopia is one of the countries which have compositions of ethnic groups and indigenous peoples, most of which they have endemic modalities of peacekeeping mechanisms and conflict resolutions practices. These varieties of Indigenous Dispute Resolution Mechanisms (hereafter IDRMs) have been using as peaceful means of disputes resolution processes. In practice, despite lack of legal recognition, informally the communities have been utilizing IDRMs to settle criminal disputes including serious ethnic conflicts. The available substantive and procedural criminal laws of Ethiopia are futile to prescribe rules which may perhaps facilitate the incorporation and better use of IDRMs into the criminal justice system. This research aims to respond question how can formal criminal justice system effectively utilize IDRMs? The researcher applied qualitative research methodology that covered both primary and secondary sources. The finding shows that IDRMs necessitates recognition through integration into the formal criminal justice system based on the restorative approach is a valuable assertion. Finally, the writer suggests the application of dynamic and participatory approach of which could recognize IDRMs as a good option to the communities to resolve disputes by the predictable peaceful solution. Such an approach can limit the challenges of the formal criminal justice system; since, those indigenous resolutions are accessible, effective and efficient, less expensive, less coercive and more respectful options.","PeriodicalId":21798,"journal":{"name":"Sociology and anthropology","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"Approach to Integrate Indigenous Dispute Resolution Mechanisms as Restorative Justice in Ethiopian Criminal Justice System\",\"authors\":\"Abebe Bahiru Bezabh\",\"doi\":\"10.13189/SA.2019.070703\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Ethiopia is one of the countries which have compositions of ethnic groups and indigenous peoples, most of which they have endemic modalities of peacekeeping mechanisms and conflict resolutions practices. These varieties of Indigenous Dispute Resolution Mechanisms (hereafter IDRMs) have been using as peaceful means of disputes resolution processes. In practice, despite lack of legal recognition, informally the communities have been utilizing IDRMs to settle criminal disputes including serious ethnic conflicts. The available substantive and procedural criminal laws of Ethiopia are futile to prescribe rules which may perhaps facilitate the incorporation and better use of IDRMs into the criminal justice system. This research aims to respond question how can formal criminal justice system effectively utilize IDRMs? The researcher applied qualitative research methodology that covered both primary and secondary sources. The finding shows that IDRMs necessitates recognition through integration into the formal criminal justice system based on the restorative approach is a valuable assertion. Finally, the writer suggests the application of dynamic and participatory approach of which could recognize IDRMs as a good option to the communities to resolve disputes by the predictable peaceful solution. Such an approach can limit the challenges of the formal criminal justice system; since, those indigenous resolutions are accessible, effective and efficient, less expensive, less coercive and more respectful options.\",\"PeriodicalId\":21798,\"journal\":{\"name\":\"Sociology and anthropology\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-08-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Sociology and anthropology\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.13189/SA.2019.070703\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Sociology and anthropology","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.13189/SA.2019.070703","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Approach to Integrate Indigenous Dispute Resolution Mechanisms as Restorative Justice in Ethiopian Criminal Justice System
Ethiopia is one of the countries which have compositions of ethnic groups and indigenous peoples, most of which they have endemic modalities of peacekeeping mechanisms and conflict resolutions practices. These varieties of Indigenous Dispute Resolution Mechanisms (hereafter IDRMs) have been using as peaceful means of disputes resolution processes. In practice, despite lack of legal recognition, informally the communities have been utilizing IDRMs to settle criminal disputes including serious ethnic conflicts. The available substantive and procedural criminal laws of Ethiopia are futile to prescribe rules which may perhaps facilitate the incorporation and better use of IDRMs into the criminal justice system. This research aims to respond question how can formal criminal justice system effectively utilize IDRMs? The researcher applied qualitative research methodology that covered both primary and secondary sources. The finding shows that IDRMs necessitates recognition through integration into the formal criminal justice system based on the restorative approach is a valuable assertion. Finally, the writer suggests the application of dynamic and participatory approach of which could recognize IDRMs as a good option to the communities to resolve disputes by the predictable peaceful solution. Such an approach can limit the challenges of the formal criminal justice system; since, those indigenous resolutions are accessible, effective and efficient, less expensive, less coercive and more respectful options.