Major Themes in the Study of Ethiopian Customary Laws

Abstract

The literature covered in this Article reveals different perspectives. On the one hand, there is the idea that customary law systems should be set aside as they are inimical to national development and unity. On the other hand, there is the view that those customary legal systems which do not offend individual rights shall be given due place owing to their multifaceted benefits while only those customary laws which violate individual rights shall be abolished is gaining importance. The issue of whether customary laws should be given recognition on account of collective identity or because of their instrumental value is not addressed in the researches reviewed. The interface between customary law systems and state legal system is not fully investigated in the existing literature on the subject. There is some research conducted on customary law systems of Ethiopia on the initiative and financial support of the Government at Federal or regional levels. The initiative aims at deploying these researches as inputs for legal and institutional reform, to use them for the benefit of the current generation as well as to preserve, improve and pass them on to the next generation. This article recommends that researches on customary law systems of Ethiopia conducted by anthropologists, social workers, historians and political scientists deserve future review as the current article has not considered them. Those customary legal systems of Ethiopia which are not yet studied or insufficiently studied warrant exploration. Notwithstanding various research initiatives with the financial support of international institutions, there is a need to have government-led and financed study on customary systems of the country. There should be an institution which assumes this responsibility. The extent of recognition given to customary law systems in the Federal Constitution, proclamations and policies should be duly examined; and there should be policy and detailed legal framework regarding customary law systems of the Country.