Performing Power and Authority in
Salale, Ethiopia
Asafa T Dibaba
atdibaba@indiana.edu
Indiana
University
Bloomington, USA
Bloomington, USA
ABSTRACT
Using folkloric and
historical approaches, this study posits that, in order to understand the
choices people make, it is vital to see the world as they see it. In
scholarship, I argue, we need to incorporate these perceptions of reality in
our interpretations of the actions of those we study. Contrary to the
skeptical postmodernist understanding that modernity is a period of decay and a
move toward a final collapse and oblivion (Rosenau 1992), traditionalism is
revitalized in this paper as a strategic primitivism, as a cultural resistance
that continues to manifest itself and to relocate the past in the present
(Blank and Howard 2013). In the present study my aim is to
examine Salale traditional legal performances as narratives of resistance
against domination. Through
the three theopolitical counter-discourses
identified in this study, i.e. guma
(blood feud), araara (peace-making),
and waadaa (covenant), the
interaction between theos (god) and politics is apparent. Hence, the oath “God speak to us” is a belief that nagaa (peace) is a presupposed will of
God that humanity is privileged and obliged to guard. The study concludes that
such oppositional traditional practices constitute the Salale
cultural resistance against the mainstream culture and offer more hope for
challenging the dominant social discourse and constructing a strong sense of Oromummaa, i.e. Oromoness.
Key
Words:
Salale
Oromo. Tradition. Authority. Waadaaa. Resistance. Power. Oromummaa.
INTRODUCTION
In this study, based on ethnographic
examples from Salale, Ethiopia, I theorize that waadaa (covenant)
1 is a basic non-violent principle of the traditional legal system at the
centre of Salale Oromo resistance
culture. The folkloric and historical approaches used in this study are used
to develop a general conceptual
framework which is called ethnography
of resistance poetics. This poetics draws on the Foucauldian notion
of resistance (Foucault 2000; 1976; Hoy, 2004) which, like many other
contemporary arguments fails to distinguish among different types of resistance
to power. That is, whether Foucault’s theory considers the specificities
of nation, ethnicity, and religion, or region and whether or not, from
Foucault’s perspective, resistance is emancipatory or reactionary, it is not
clear (Anderson 2013).
The basic premise here is that the
resistance poetics and action of ordinary people is not just through economic
(materialistic) means. Unlike James Scott’s (1985; 1990) notion of “hidden
transcript” centered on “deterministic economism” and “pragmatic resignation” (Gutmann,
1993:78) of the subordinate to the dominant class, I argue, an emancipatory
resistance act is equally a spiritual engagement and necessitates a poesies of
“making,” “transforming,” and continuing the struggle through “words” and
“praxis”. The aim here is to sustain resistance as an emancipatory act
(Hoy, 2004:2). James Scott’s ‘hidden transcript’ focuses more on actions such
as breaking tools, sabotaging share cropping etc. secretly and less on overt
actions and poetics or folkloric means of resistance. The notion of “hidden”
resistance is also contested (Gutmann, 1993). For the purpose of this study, I
introduce ethnography of resistance
poetics as the analytical framework used to interpret and analyze the
collective shared experience of the people, more specifically, the traditional
legal performance constituted into the local history. Against the academic and
traditional political history, ‘history from below,’ focuses on the experience
and perspectives of ordinary people. The local history, i.e., “history from
below” (Hobsbawm in Krantz 1986), takes the ordinary people and their
experience as its subject, and serves the understanding of features of
resistance against the historically unjust power relations.
Why an ethnography of resistance poetics? Over the years the main
objective of Western ethnographic research has been the “descriptive account of
native culture and the provision of basic reliable information for Western
audiences” (Owusu, 2009) about the so-called “primitive” peoples in Africa or
in the Amazon basin. This study exemplifies data from traditional bearers 2
and users in Salale as an attempt to understand the people and their
world of power relations. In so doing, the aim here is to sustain resistance as
an emancipatory act under a disempowering situation (Hoy 2004:2). The study
draws on the Foucauldian premise that power is only power when it is exercised
or performed (Hoy 2004; Foucault 1976). Hence, the present study is a move
towards ethnography of resistance poetics
as a critical stance that epitomizes emancipatory acts through examining
performances of tradition in Salale and revisits “antimodernism” in folklore in
the guise of revivalist strategic primitivism. The central argument here revolves around at least three
interrelated questions: 1) how can one be critical of a dominant social order
and its discourse under a disempowering situation, in what context? 2) what traditional resources can be
delineated (stand out) as something culturally distinct and recurrent theme
that runs through folklore as critical expressive action in Salale? 3) in addition
to the fear of being usurped by the dominant culture what other limits threaten
Salale Oromo traditions? how does tradition challenge those forces?
Unlike James Scott’s (1985) “everyday
‘hidden resistance’” I argue that everyday forms of resistance must not be
necessarily hidden. Contrary to the fictitious double digit economic growth
report by the government, "half of Ethiopia’s 85 million people live below
the poverty line and 10 to 20 percent rely on food aid every year" (Human
Rights Watch Report/Ethiopia, 2010). This growing disenchantment of the poor, I
posit, is leading to new forms of social protest and resistance against the
organized violent structure of police force, media, and local official’s
intrusions. Though there is no organized overt resistance and rebellion in
Salale at present but there is a continuing sporadic social banditry, internal
migrations and flight, and the accompanying poetics of singing resistance,
commemorating ethnic heroes, and revivalist tendency toward tradition.
In
an attempt to explore those folkloric and historical enquiries this study is
organized into three sections. In the first part I make an attempt to construct
a historical and theoretical framework for the study of unequal power
relationships in Salale. I argue that the idea of tradition follows the global (national)
scheme while its understanding and practices in the process are local. The
interaction between the notion of “god” and “politics,” i.e. the idea of
theopolitics, implies the traditional Abyssinian common belief that “politics”
is determined by the supposed will of God and rulers are elects of God, against
the Oromo egalitarian view of gada (Legesse
2000; 1973) and waaqeffanna religion (Bartels
1983). In the second part, using one ethnographic case example from Ethiopia, I
demonstrate the cultural traditionalism of Salale Oromo performances (of power
and authority) sanctioned under a solemn oath, waadaaa (covenant) and under other symbolic rituals. In
the final section, towards the interdisciplinary analysis of the ethnographic case example a “legal narrative” model (Richland
2008) is applied in line with the indigenous legal model. The aim is to closely
examine the actions of Salale elders who serve to construct a symbolic
reformulation of traditionalism as an act of strategic primitivism intertwined
with a broader set of meanings embedded in folkloric legal data pertaining to
justice, legitimacy, and agency.
Salale: the Setting
Salale, as the North Shawa Zone is generally called, is one of
the 17 administrative zones of Oromia Regional State in Ethiopia. The Salale
share borders with the Amhara Region (Orthodox Christian) to the North and a small bit of
border to the Northeast with
distinctive blend of cultures. According to the regional statistical data about
91% of the population is engaged in agriculture with 95% of Orthodox
Christians (Oromiya 2010) following
the occupation by Shawan Amhara rulers in the first half of the 19th
century, mainly since Sahle Selassie’s rule (r1813-1847) (Ege 1996). Historically, the Salale became a seat for
Abyssinian princes and princesses as it is closer to the capital city, Addis
Ababa (Informant, Gurmu B, 2010; Tsegaye 2003). The
Salale Oromo have been suffering inequality under the Orthodox Christian
Abyssinian domination mainly since their encounter with Ras Darge, who
represented the royal family in the second half of the 19th century.
Earlier than any other Oromo clans, the Salale became subject to assimilation,
political oppression and economic exploitation due to their geographical
proximity to the historically Shawan Kingdom. Consequently,
under the Abyssinian rule led by Haile Selassie (r1931-1974), Amharic language became
the official (and therefore court) language and Orthodox Christianity became
the dominant state religion. Instead of the traditional egalitarian gada
system, the hierarchical Shawan supremacy became the rule in the region
(Tsegaaye ibid; Informants: Ragassa, Gurmu, Sime).
Until very recently Oromo historiography
has been scant and/or inaccurate (Jalata, 1996). In the process of
reconstructing Oromo history, the case of Salale Oromo needs a special
attention mainly because of their close geographical location and proximity to
the Shawan Orthodox Christian community. Present day Ethiopia was created by highland rulers and settler
colonizers with
the military leadership of hounded Oromo warlords in the late nineteenth and early twentieth centuries during the
conquest by Menelik (r.1889-1913) and enmeshed with different
ethnic groups under one imperial rule (Tsegaye 2003). Perhaps most
relevant in this respect is Svein Ege’s (1996) description of the unequal
historical relationship between the Salale Oromo of the Tulama branch and the Shawan rulers in the
1840’s and after. Among other factors that fumed Oromo resistance, the threat of
invasion and building garrison towns (such as Fiche/Commando in Salale), the
assimilation often provoked resistance as the Oromo “sought to defend their own
culture as long as possible” (Ege, pp195, 196).
The nature of the government established
in the area was determined by the “means of control for the Shawans and means
of resistance for the Oromo” (Ege, p191), which includes assimilation to
conquer and cultural resistance to subvert the conquerors’ power. Justice was
one of the means of political control for the Shawans and it had ideological
importance for the king to hear the most disputed cases first brought to the
administrative high court (wambaroch) and
only later to be taken to the king’s hearing (Ege, p 133, citing Rochet, 1841b,
and Isenberg and Krapf, 1843). Given the awful situation under conquest and
assimilation, throughout the unequal historical relationship under the
successive Abyssinian rulers, the Salale traditional law was dysfunctional. Following
the conquest and the Ethiopian modern/official law that claimed sovereignty and
dominion over its subjects, the Salale (Oromo) came to practice two legal
systems, i.e. traditional law and state law. The assimilative power of the
Imperial state law was immense as it decreed Amharic language a national
language and Orthodox Christianity a state religion, both used as a state
machinery to incapacitate the ethnic identity of minority groups in Ethiopia.
The new Ethiopian Constitution (1995)
assigns supposedly extensive powers to the newly-created regional states
divided sub-regionally into zones, districts (woredas), and kebeles. Kebeles or
literally villages are products of the previous Derg regime overthrown in 1991.
In many ways kebeles are considered as the fundamental unit and the smallest
recognized division of local government having parallel administrative and
judicial structures with districts. In practice kebeles serve as the primary
level of institutions with local officials called cabinets.
Through those lower local entities such
as kebeles “initially designed to control the population in a system of
centralized rule” (World Bank, 2004:2), the centralized “authoritarian ethnic
federalism” tightens its control over the lower orders of governance. Thus, the
government remains “a de facto one-party State, where the EPRDF, i.e., the
ruling party, has spawned local ‘ethnic’ variants, which act as relays for the
central power” (ibid, 3). In the face of such political and sociocultural
challenges, the people strive to revitalize waadaaa (covenant) as
a means to sustain justice and peace in a non-violent way and as resistance
against disintegration and social/moral alienation. Hence, a local institution such
as traditional court helps to reenact waadaaa and address
“problems of access to justice by the poor and other vulnerable groups” (World
Bank, 2001, p.19). Though the Ethiopian empire is said to have a long history
of legal framework, i.e. fetha negest or law of the kings compiled
in Arabic partly from the Byzantine rulers, religious and customary laws remain
functional throughout the country, and the Salale traditional court is the case
in point. Next, I turn to illustrating the conceptual framework and methodology.
CONCEPTUAL
FRAMEWORK AND METHODS
Information for this particular project
comes from the fieldwork carried out in Salale, Ethiopia, in March 2010. The
fieldwork consisted of observations, discussions and interviews with community
elders, ritual leaders, the traditional judge, and various actors including
local officials. From a revivalist perspective, a scholarly work is believed to
be culture-based and “our approach must be grounded in experience, our own and
that of the subject of our study” (Guigne 2008:15). The cultural elements
selected for a scholarly study “often have a local or ethnic base and are
called traditions” (Siikala and Ulyashev, 2011: 320), which are the bases of
their assumptions. It is important to note that the need to closely study
oppositional discourses and unequal power relations in general has been
impaired by the lack of appropriate theoretical and methodological tools. On
the other hand, the humanistic point of view emphasized the “lore” using
literary approach to the recorded texts (Dundes 2005; Brunvand 1998; Jackson
1971). For the present purpose, ethnography
of resistance poetics is proposed as an interdisciplinary analytical tool
to examine folklore performance as an expressive event and to critically
explore what goes on among the people in the oral context. The Salale
performance of traditionalism as cultural resistance reminds us of the power
exercised by the least privileged citizens in the reconfiguration of national culture and identity in Ethiopia.
Among other traditional approaches used to
maintain justice at local level, legal
empowerment3 (LE) is a trend that encourages the poor to take
charge of their lives. It is an alternative “use of legal services and related
development activities used to increase disadvantaged populations’ control over
their lives” (Golub 2003). LE seeks to use law as a tool to protect and advance
the interests of the poor and marginalized, and represents a paradigm shift
from previous top-down justice sector reform policies (such as the Western-led
law and development approach and the rule of law tenets). The LE approach is
employed as a bottom-up approach focusing on four comprehensive
principles: access to justice and the rule of law, property rights, labour
rights, and business rights (Commission on Legal Empowerment of the
Poor, 2008:27). Human rights are at the center of LE, the aim of which
is to reconfigure the relationship between the state and citizens at the
national and local level (ibid, p29) in conjunction with local institutions. Human
rights violation by oppressive state structures pose a serious challenge,
though as a broader notion LE extends beyond legal processes and aims to
capitalize on the transformative, enabling potential of law to assist poverty
reduction and safeguard rights. Thus, conceptually, under a LE approach, access
to justice and the rule of law are considered to be an “enabling framework” through
which it is possible to achieve the full realization of rights to which local
legal institutions flourish. In relation to multiple legal voices, Nina and Schwikkar (1996)
maintain that “the existence of multiple 'legal' orders in any one
particular community is a manifestation of legal pluralism” (p69).
Ethnography
of Resistance Poetics
The poetics of resistance interprets
and analyzes the collective shared experiences “constituted into
local history” and serves as a reference point to direct attention to
understanding the features of “resistance from below” against the historically
unjust power relations. Jeff Conant (2010) writes about the Chiapa’s resistance
experience in Mexico, that for the Chiapas “resistance is a strategy for
cultural survival” (p34). That is, the struggle of the ordinary people is not
just economic (material) but also spiritual and social and necessitates a more
subtle action, a poiesis, of “making,” “transforming,” and continuing the
struggle through “words” and “praxis” to sustain the resistance as an
emancipatory act. The “word” is a testimony for the re-existence of the
oppressed person who tells the oppressor he resists therefore he exists.
The reality of the re-existence of the oppressed is beyond his collective
imagination, beyond the forceful homogenization of the nation-state. It is
the truth to be materialized through performing, fighting and
fiercely defending, wording, naming and re-creating (re-storying) the social
reality, and reconstructing it into various histories (from below), not just
the monolithic single history of domination. The struggle is partly to fit this
world of the oppressed into many other such worlds elsewhere through resistance
poetics which the ethnographer’s role
is to excavate it, analyze and connect it to other uncharted terrains.
Hence, the study of the facts
necessitates an interdisciplinary method, which is the focus of the resistance poetics model in the present study. This study draws on the postmodernist view
of resistance as an emancipatory act, that is, deconstructing the
status quo through deconstructing modernism, unlike a mere resurrection of lost
traditions set against modernism (Hoy 2004; Foucault 2002). The basic assumption here is that
ordinary people turn to words and performances as emancipatory social praxis when they
are put indefinitely in unequal historical power relationships and dominant
culture. They turn their wretched conditions into folklore (expressive
actions), into jokes, stories, myths, songs, festivals and rituals, and dance
to all that is overtly incommunicable. Through such strategic primitivism, the
oppressed critically and creatively communicate what happened to them and propel
their cause by artistically articulating their demands (justice, work, land,
food, freedom, rights, and all that humanity cannot survive without) among
themselves and also to the oppressor. They may also simply practice tradition
for its own sake.
The concept of folklore as a conveyer of
“antimodernism” can be theorized by the semantic notion of resistance embedded,
though implicitly, within the word ‘folk’ (volk)
as “marginal or subaltern peoples” (Klein 2001:5712). Klein insists that rather
than a mere collection and ethnography, “the role of folklorists today is to
assist people who lack political power in their quest to gain a public voice”
(ibid). The historical development of folkloristics also shows that folklore
scholarship was rooted within nationalism and the idea of a nation. One can note
in this connection the Grimm brothers’ works (1812) and Eliyas Lonnrot’s Kalevala (1835),
an assemblage of Finnish songs about their dire situation under 800 years of
Swedish and Russian domination (Leach 1984).
When Bill Ivey exclaimed at the American
Folklore Society conference (2007) that “antimodernism is a central motivating
engine that runs through all folklore” the claim was as much about folklorists
as it was about folklore and its resurgent mission (antimodernism). In Ivey’s
view, “antimodernism” gives folklorists a critical stance and revivalism a path
to action and reform” (cited in Blank and Howard 2013:3). Revivalism favours
the historical importance of vibrant traditions as a representation of new sociocultural
context in
the face of domination (Guigne 2008). In this view, an ethnography of resistance poetics is a constructive schema to help
folkloristics in redefining itself vis-à-vis those constitutive relationships
emerging between “folklore as a counterhegemonic postmodern culture” (Warshaver
1991) and the ever stifling postmodern social and economic systems. The task is
not unproblematic, however. As part of the move from the “hegemonic academic
folklore theory and practice” toward a challenging search for “cultural product
and professional activity of a different instance” (Warshaver 1991:219), the
process involves theorizing on both paradigmatic (conceptual) and
methodological levels.
In what follows I theorize waadaaa (covenant)
as a fundamental non-violent principle of Salale Oromo resistance culture. Traditionally, waadaaa among the Salale is the
best example of legal pluralism, as I shall demonstrate below.
The Waadaaa Principle
Each culture is likely to have developed
traditional rationalizations for its positions. The assumptions and worldviews
of the people we study are built around those rationalizations. Non-violence” (araara) is
not about the absence of conflict in the lives of Salale Oromo; it is about the
presence of the will to peace and mutual interdependence in spite of it. Based
on the waadaaa (covenant) principle, the Salale have been
institutionalizing such a “law avoidance” ideology about how people should
behave when problems arise in absence of formal legal institutions, the
phenomenon also called “harmony ideology” (Starr and Goodale, 2002:87), or when
the state law is coercive and human agency is in danger. Against external
pressures and internal degeneration, waadaaa served as an
effective non-violent mechanism since in the region “a system of ...‘ranked'
ethnic groups emerged, and an explosive combination of ethnic and class
contradictions was the result, creating the potential for massive conflict”
(Etefa 2012).
Among the
Salale Oromo in Ethiopia, waadaaa (covenant) is the will to peace (nagaa), and nagaa is
the establishment of it in the daily life experiences of the people where it is
restored through rituals and traditional practices. However, where there is no
sovereignty and human agency is hampered, it is problematic to perpetuate waadaaa as
an unconditionally embedded process of social/moral engagement and a
non-violent principle informed by the past, oriented toward the future while reenacting
in the present. In Salale, waadaaa is about merging identity,
i.e., engaging in a real unity made by covenant of every person with every
person.
The Salale practiced “waadaaa” or
“covenant” as a means by which they were synthesized and socially cohered as a
people particularly in times of rapid change, calamities, social dislocation,
economic crisis, or political breakdown (informants: Sime, Gurmu, Tolasa,
2010). According to my Salale informant, Magarsa Robi, a ritual leader, waadaaa has been a social contract or pact
used against treachery, theft, false witness, murder, and other social evils (Magarsa,
2010). It is a non-violent means to keep intact the social bond, to maintain
peace and harmony and stand in unison against disintegration and aggression. To
violate waadaaa is considered as a threat to the wellbeing of
the community and to risk severe human and/or divine punishment.
Theo-politically speaking, every ritual performance and dispute settlement,
therefore, requires a waadaaa renewal by calling upon Waaqa (God),
the only benefactor, and summoning the spirits of the ancestors for appeasement
and mediation. According to my Salale consultants and traditional chiefs, such
performances follow certain patterns to be strictly followed on Traditional
Courts and similar other ritual performances (Informants: Sime; Haile).
Waadaaa affirms the sense of community and “social cohesion,” the
“We the people,” not simply, “We the individuals.” Preceded by a plea, yaa Waaq
nutti dubbadhu, i.e. “God speak to us,” waadaaa as a means of social
reciprocity presupposes a history of mutual giving and receiving. From
a legal perspective, whether written or oral, waadaaa involves
consent as well as a binding promise for life which is handed down for
generations. Thus, it is highly significant in maintaining peaceful
relationships between different groups and peoples. Thus it t is highly
significant in maintaining peaceful relationships between individual groups and
peoples. As a legal covenant, waadaaa fulfills the general
requisites of proper parties, words of agreement, a legal purpose, and
a proper form. That is, for the waadaaa to be
sanctioned, the committed parties should be competent to legally bind
themselves, the consent must be mutual and complete with no party withholding
his/her assent or consent, that it is not against “any positive law or public policy”.
To rule the waadaaa as a covenant, it must be by “deed or
under seal… of any words”4.
From the Salale perspective, the legal binding of waadaaa is
commensurate with its theo-political
theorizing. That is to say, it is performed by referring to religious beliefs
involving a promise sanctioned by an oath accompanied by an appeal to a deity
or deities, a Holy Grail, and ritual acts and libations. In Salale, a criminal
is sworn by deities to surrender to the community in just a few days, compared
to the case where it may take state police months or even years to search and
capture such a person. Thus, as to be analyzed next, waadaaa is
about performing restorative justice rather than retributive justice.
Practically, the focus of waadaaa is mainly on maintaining interpersonal
relationships rather than on the abstract notion of Ethiopia’s state law
without justice.
DATA PRESENTATION & ANALYSIS
In this part of the study, the
traditional court case of guma, a blood
feud, will be presented and analyzed. The guma case
of the blood feud presented below was performed and led by a judge,
community elders, and ritual leaders. The ritual leaders enacted waadaaa
(covenant5 under a solemn oath at the ritual site
called Dhiiga Boolla (Holy Spring), near Saldhe Aroge, about 55 miles northwest of Addis Ababa (Finfinne).Traditionally
the concept of resistance and nonconformity is embedded in the word “saldhe”. During
the gada system, those who did not abide by the gada rule
were referred to as “saldhe,” to mean mutineers and therefore
“impolite” (Derribi 2011:40). If the Abba Gada of one clan interfered in the
internal affairs of another (Oromo) clan outside of his own political boundary,
the authority of his bokku (scepter) was banned as saldhe (ibid,
441). This notion of “resistance,” and “rebel” or “dissenter,” as embedded
in saldhe/salale needs further study to pin down if the concept of
“resistance” is rooted in the etymology of the word(s) “saldhe” or “salale” and to explore resistance
culture of the people identified as Salale.
Salale traditional court is composed
of Abba Malka (Head of the Holy Spring), that is Magarsa Robi, who customarily
acts as the traditional judge, and two assistants one of whom is Abba Qe’e/Abba
Qunna (Head of Homestead) selected by the Abba Malka for the court council
(Informant: Magarsa R., 2010). A member of the council is considered among the
countrymen as “baha,” meaning, successful, knowledgeable,
conversant, and persuasive, since, among the Salale, it is by persuasion than
coercion that peace is believed to be maintained. The headmen are also
respected for their sincere social and cultural commitments as tradition bearers,
a role which is now under pressure from external religious and political
forces. They have the power to hear and rule on issues of borders, marriage
disputes, inheritance, guma blood price or homicides, monetary
compensations, and other matters of small claims. In rulings related to
criminal offences such as guma, the major tasks of the
traditional council include: how to compensate the victim, how to rehabilitate
the offender, and how to facilitate for a peaceful social relations (Tom Tso in
Sack, 1992:435). To rule on every serious matter the plea “God speak to us” is a key mantra. Let
us follow the two case examples below and observe how power and authority are
performed locally.
The Guma Traditional Court Hearings
and the Waadaaa Principle
(The
following data came from my participatory observation followed by interviews, and
focus-group discussions. In the present study the full range of the data is not
included).
My Field Note, March 3, 2010 at
about 10am
On March 3, 2010 at about 10am I came to Dhiiga Boolla, to
observe the guma case of one eight years old girl hit by a privately owned
public mini-bus coincidentally at the same site also called bakka waadaaa
(Covenant Site). Both the owner of the mini-bus and the victim were Salale and
not too far from the ritual site, and where the incident occurred.
It is important to mention that the Traditional Court Judge
and the Heads of Homestead were also affiliated members of village (local)
administration and lived a few miles away from the ritual site (bakka waadaaa).
The community elders and traditional legal actors who led the proceedings and
performed the ritual were Magarsa R. and Araddo T. of Goraa Kataba, and Sime A.
of Suqu, near Saldhe. See the Text appended at the end. The Elders’
utterances are represented first in Oromo language using Oromo script, and then
translated with a looser English gloss which appears in italics. Only some
portions are analyzed in this paper. The major part of the narrative is a
communication between the Traditional Judge and the victim’s family.6
The Setting: Dhiiga Boolla
(Holy Spring)
Dhiiga Boolla (Holy Spring) is also called bakka waadaaa, at
Saldhe. It is a ritual site of guma and waadaaa performance
to settle dispute about homicide in Salale. Saldhe is an old
rugged town of the district of Salale before Fitche was established in early
1840s (Tafla, 1987: 271). There are three important sites near Saldhe. First,
the debris of Ras Gobena’s military base, Menelik’s warlord from the same
district, is located in the northeast on the outskirt. Second, Dhiiga Boolla is
about a mile east on the gateway to the small town, Saldhe Aroge,
on the highway to the capital. The third is a mountain, another ritual site,
found about two miles to the southwest, opposite the Kidane Meheret church.
Next, in an effort to offer a
historical and contemporary context to understand the Salale Oromo traditional
performances of power and authority, I first present a brief account of the
ritual site and other related facts. Dhiga Boolla, traditionally
also known as Bakka Waadaaa (Covenant Site) is a place where
disputed issues involving blood price (guma) is settled and
contesting parties are pacified and swear to forgive and forget for the sake
of Waqa (God) and Lafa (earth). The place is
unique as a meeting point of four lands/directions (and therefore four
winds): Saldhe Aroge on the north, Ejeru on
the northwest, Machalla Harkiso on the south and Machalla
Andode on the east. My consultant, Haile Bulcha of Ejeru said, in
Salale tradition there was Tullu Guma (Mount Guma), a
historical ritual site far to the east on the way to Gaba Robi (and Insaro)
where the sacred tree is Ejersa Tajjab. My another informant (Gurmu
B.) also confirmed that near St Gabriel church there was also an eela (hot
spring) called Eela Kuyyu, after a traditional chief (Abba Malkaa) called Kuyyu
Dullume, Gurmu’s maternal kin, and the place was used as another ritual
site of gumaa and waadaaa.
According to Gurmu B. whom I asked
why the old ritual site, Mount Guma, was abandoned, he said, a Muslim community
called Tigri Tarraca came from Wollo in the north and settled
near the site at Gaara Ali (Gaara Warxu) north of
Jamma valley and later defeated by the Oromo clan called the Warra Alla (of
Kuyyu Dullume) and they abandoned the site. Relying on the fundamental premises
of such Salale oral tradition, the old traditional court and ritual site at
Tullu Guma was said to be occupied by Satan and therefore abandoned until the
present Dhiiga Boolla was sanctified by ritual leaders.
Performing Power
and Authority
In the traditional court, patterns of
waadaaa performance includes:
gathering of the local chiefs for blessings (and curses), a brief speech by the
ritual (traditional) leader why required to enter into waadaaa (e.g. the guma
case), setting witness formula, pronouncing the waadaaa sanctioned, and prayers (to Waaqa, i.e. God, and to
ancestors). Those patterns are knotted in the plea, “God speak to us”. The major task of the traditional judge is to testify the case with an unequivocal
language.
Testifying the Case
As in guma dispute
settlement in this study, the narrative of waadaaa renewal
also includes testifying the case after thorough prehearings and
listing/repeating the terms of the waadaaa to be entered into.
The traditional judge thus speaks,
...yaa Waaq nutti
dubbadhu
...oh God speak to us
-warri kuni
-these people, (the offender party)
-qotiyyoo xamadanii, fardas
luugamanii, taabotas dawwalanii, tulluus,
malkaas dawwalan
malkaas dawwalan
-they yoked oxen, muzzled horse,
summoned holy grails, plead mountains, rivers, all to appease for life…
-lubbuu nu maaraadhaaf, dawwalame.
-hey plead for forgiveness…for
appeasement
[text
1]
The metaphor of yoking oxen but not
to plow, muzzling horse but not to ride, and calling upon mountain and rivers
gods and goddesses and Saints is an indication of indignity, guilt and
readiness to seek forgiveness both from Waaqa and Lafa (God
and Earth). Also among the Wanbara Oromo, Tsega Etefa (Etefa 2012, 2002) observed, michu is
a similar non-violent principle used as a covenant and enforced by symbolic
rituals including an oath between parties by breaking the “yoke” (p11):
-yoo isin ganne
-if we [betray] you
-dhalli keenya
-may our descendants
-akka qambara kana haa cabu
-be broken/destroyed like this yoke.
[text
2]
Repetition and Witness Formula
Through repetition and using witness
formula in the narrative discourse the traditional chief makes the people
witness the waadaaa. As waadaaa
is sanctioned, the guma dispute is settled once and for
all at the center of the event taking place. Repetition is used to
authorize waadaaa and appealed to the attention of the
witnesses on the victims’ side. In the following conclusive verses, the
word “waadaaa” is repeated several times. The elder connects waadaaa to the irreversible law of the
land renewed at Oda Nabe, as irrevocable words of the
ancestors, and, above all, as the eternal words of Waaqa (God):
...yaa Waaq, nutti dubbadhu!
...oh God, speak to us!
…in fudhattan ‘gaa (eew, edha)
…so you do concede, say yes
-waadaaa ‘gaa
-to the Covenant of the Land
-waadaaa Jahan Galaan
-to the Covenant of the six
ancestors of Galan
-waadaaa Shanan Jiddaati
-to the Covenant of the five
ancestors of Jidda
-waadaaa Afran Abbichuuti
-to the Covenant of the four
ancestors of Abbichu
-waadaaa Sadeen Oboriiti
-to the Covenant of the three
ancestors of Obori
-waadaaa Goraa Kataabaati
-to the Covenant of Gora Kataba
-waadaaa dha egaa…
-it is the Covenant of the Land… Word
of words as ever…
…waadaaa Odaa Nabeeti….
..covenant of Oda Nabe
…ishii, Waadaaan haa aga’u
…may Justice prevail, the Law
overrule, and
the Covenant remain intact as ever
[text
3]
The words of waadaaa were
recorded including the names of those who entered into waadaaa and
read aloud to the public hearing as evidence that the waadaaa had
indeed been silently entered into and valid.7
The underlying rationale for the traditional
court proceedings is to hear the lawsuit, to pacify and guarantee forgiveness
and maintain not just the legal congruence but also the social bond. It is believed that the relationship between
the parties shall continue and social cohesion remains intact. The recurring
rhythmic refrains in the proceedings below are not haphazardly used but have
some discursive function of emphasis and leading towards coda. The traditional judge
purposefully repeats,
...amma egaa, eega tole nuu jettanii,
…now you thoughtfully agreed,
wanna seerri jedhe,
to what the law of the land has
ruled
waan dhugaan jedhe,
to what justice prevailed, truth
triumphed
waan Caffeen lallabe,
to what the Traditional Council
judged
[text
4]
The purpose of this proceeding is to
consolidate the legal rule on the free will of both parties and to formally and
carefully go through the hearing. Such a commitment and seriousness observable
in the oral text is lacking in the written record. The phrases that “the
law of the land,” that “justice prevailed,” that “truth
triumphed,” and the “traditional court judged”8 were words of power
used to sanction the ordinance open for further approval by any concerned legal
body and for the contentment of both parties.9
The traditional court leader calls
upon Salale ancestors in order of their precedence as Galan, Jidda, Abbichu, and
Obori. He refers for help to the
transcendental power “out there,” to consolidate waadaaa as an
“inalienable gift” between “the living” and “the dead”:10
-waadaaa Jahan Galaani
-to the Covenant of the six
ancestors of Galan
-waadaaa Shanan Jiddaati
-to the Covenant of the five
ancestors of Jidda
-waadaaa Afran Abbichuuti
-to the Covenant of the four
ancestors of Abbichu
-waadaaa Sadeen Oboriiti
-to the Covenant of the three
ancestors of Obori
-waadaaa Goraa Katabaati
-to the Covenant and Words of Gora
Kataba
[text
5]
The elder relocated the event back
in the context of the distant past by calling upon the ancestors, from the
realm of their “collective immortality” (Menkiti, p175). In so doing, the aim
of connecting the past with the present is to renew, to reconstruct events as
historical reflections about the lives of the previous generations and to build
confidence about the future.
Waadaaa
(irbuu) has been a serious word of covenant among
the Oromo. Traditionally, it is used to build collaboration and sense of
solidarity between unmarried men as fraternity (michuu) and unmarried
women as sorority (addooye). It is also used to reinforce sense of comradeship
among colleagues engaged in nationalist political struggle.
Waadaaa as a form of “Social
Reciprocity”
In the ethnographic examples
presented in this study, waadaaa unfolds as a covenant renewed
and continued through an inalienable gift exchange. The gift exchange ranges
from giving animals (cattle, sheep, horses), things such as bars of salt, food
and more to markevents such as child-birth and new year (soogidda
cabsuu), to clothes (uwwisaa), and tying up firm
family alliances through marriage, and through giving (or taking) a child for
adoption. An exchange of commodities aims at objectification, “the
establishment of boundaries” or alienation and property rights invested more
than the reciprocal elations continued through waadaaa. Gifts also
create a sense of community beyond boundaries and values. The “gift” can be
“things” or “words” and “promises”. Generally, waadaaa
and “gifts” of waadaaa is ritually
enacted, among others, by breaking bread together, and drinking from the same
bowl of mead or milk. Both parties
engaged in gumaa, araara, and waadaaa finally share bread, mead and
milk together with the people attending the ritual. Eating and drinking
together symbolically represents peace and harmony, accompanied by blessings
and prayers for the wellbeing of all including the land, and a curse on
ill-beings.
Coda: Narrative of Blessings/Curses
Finally, since waadaaa involves
both benefits and obligations, curses and blessings are episodic narratives and
recitations to close the court ceremonially. The point in opening and closing
the court by blessings is to stress that the breaking of waadaaa would
bring curses, just as breaching contracts entered risks serious consequences. However,
sticking to waadaaa rewards as the traditional judge concludes
the case with the blessing below:11
-…yaa Waaq nutti dubbadhu
-God speak to us…
-tan baddalamte san,
-of the victim (thus we pray)
-namsee ishee isinii haa maaru…
-may her soul rest in peace
-fakkaattee ishee isinii kennee,
-may God bless you with her likes
-Waaqni garaa warra kanaa haa fayyisu
-may He restore your loss with grace
and abundance,
-and your woe with happiness
…Waadaaan haa ragga’u
…may the Covenant remain intact for
ever.
...yaa Waaq nutti dubbadhu!
...God speak to us!
[text
6]
To
sum up, in Salale Oromo worldview there are rules not to be violated and there
are rules for revocation(s) if rules are violated. By the non-violent
principles of waadaa, guma, and araara reinforced by ritual leaders and
elders, evil doers are not evil; they are victims themselves. Among the Salale
a violator is forced to feel guilt and indignity, and is encouraged to seek
forgiveness both from the victim and Waaqa (God). According to those examples
of traditional legal performances, it is against the tradition to resist guma,
or araara and
to break waadaaa, to hold a grudge and to contemplate revenge. To break waadaa
is believed to inflict a huge damage both on the individual and the community,
and also markedly affects the collective identity, Oromummaa, Oromoness. Hence, among the Salale, as there are war
leaders there are also peace leaders operating with the consent of all who
swear, God speak to us!
CONCLUSION:
Authority of Tradition
In this study I have made an attempt to
reveal the oppositional stance of Salale Oromo folklore in Ethiopia. I showed
that such oppositional traditional practices constitute Salale cultural
resistance and offer more hope for challenging and changing the dominant social
discourse than the elitist conventional resistance culture. I argued that
tradition fosters social justice and ensures emancipatory acts among the local
community unlike the ephemeral conventional legal model subject to serving the status quo.
It is important to note that the study
of oppositional discourses and unequal power relations has been impaired by the
lack of appropriate theoretical and methodological tools and by divergent
trends in activist scholarship. I argued in this study that, from asocial
sciences point of view, historically folklore research tended to focus on the
functionalist approach to examine cultural significance of traditions in
anthropological perspective. Conversely, the humanistic point of view
emphasized a literary approach to interpret recorded texts. By merging both approaches
from a constructivist stance, one benefits from an interdisciplinary analysis
of folklore events. Thus, in this study, an ethnography of resistance poetics has been used as an interdisciplinary act to
examine folklore performance as an oppositional expressive event among the
Salale in Ethiopia.
We have seen that folklore provides a
canon of traditional materials about contentious issues that matter to the
people. The contentious nature of folklore is exemplified by Salale tradition
bearers and users who act as symbolic mediators of strategic primitivism. The paper
showed that the people of Salale Oromo in today’s Ethiopia present such a
seeming paradox. They perform traditionalism as a means of ethnic
self-awareness, distinction, construction and a representation of the self.
Those traditional activities negated by Abyssinians and elites alike as
outmoded and old-fashioned are revived among the Salale to help the people take
charge of their lives in a disempowering situation. By way of strategic
primitivism, the Salale make firm connections between mythic tradition and real
life situations. The acute need for peace (nagaa),
living in harmony with nature, humankind, and Waaqa (God) is also studded in the general social contract, waadaa (covenant), a symbol of Oromummaa, Oromoness.
ENDNOTES
1. Other equivalent words for waadaaa among
other Oromo ethnic groups include: irbuu and kakuu, as
among the Borana and Macca Oromo branches
respectively.
2. This is an attempt to approach
“revivalism” as a strategic turn toward “tradition,” as a “conscious act
motivated by the need of the group for self-definition … during social
upheavals and when cultural boundaries are threatened” (Siikala and Ulyashev 2011: 20).
3. Stephen Golub (2009:105) presents
the definition of Legal Empowerment proposed by the Commission on Legal
Empowerment of the Poor as “the use of legal rights, services, systems,
and reform, by and for the disadvantaged populations and often in combination
with other activities, to directly alleviate their poverty, improve their
influence on government actions and services, or otherwise increase their
freedom”. It is believed that this definition is favored by the
Commission because it emphasizes, inter alia, that “legal
empowerment can work through different legal systems (including traditional,
administrative or judicial) to address various rights and issues” (ibid). Hence
traditional courts are encouraged since official laws can fail the poor. Golub
notes two crucial ways in which law fails the poor: first, the inadequate law
reform worsened by elite attorneys’ ignoring or rejecting the actual practices
of the disadvantaged and left excluded from legal protection. Second, “laws
that actually embrace and seek to formalize those practices are not properly
implemented” (ibid, p107).
4. For the Salale waadaaa is
a morally-informed agreement and culturally engraved principle bound based upon
voluntary consent (Informant: Gadise B; Abba Dalacha). It is established by
mutual oaths or promises that involve some transcendent higher
authority to witness, hence, the Traditional Judge and other ritual chiefs and
Headmen. Thus, waadaaa provides a foundation for the
institutionalization of relationship based on mutual recognition and common
good.
5. Thus at peace, the Salale trust
in a divine judge than in feud, and at war, as one young man told me, if he
could not defend his home, literally, his homeland, by the ancestors’ bones, he
would lose his manhood, he swore! This is didhaa, swear, that
to betray one’s home is to step on the ancestors’ bones. The Salale stories and
songs are thus of heroes and heretics, of bandits and pundits, but the Salale also
sing of honor to humanity, nature, God, law and peace.
See also the Church of God World
Missions’ Project currently among the Salale Oromo, Ethiopia:
6. The other two Heads of Homestead,
Sime Adunya and Arado Tullu, repeated after the Traditional Judge in line with
the proceedings to further consolidate what the Judge ruled and to bring the
dispute to a conclusion through sound judgments.
7. Of silence and undisputed
concession to the waadaaa I should add the following. Unlike
an express covenant between parties where one expresses openly
‘I oblige;' ‘agree,’ or, ‘I bind myself to pay so much,’ in an implied
covenant such as waadaaa of guma, “the
law intends and implies, though it be not expressed in words,” but accepted in
silence (see “Covenant” on Lectric Law Library's Lexicon: http://www.lectlaw.com/def/c323.htm).
However, the amount is
generally agreed upon and customarily demarcated for human, animal or similar
damages categorized as guma. As silence rules on both parties,
the Traditional Judge overrules the silence and the unheard voices but
meticulously turning the grudge and grief into peace and forgiveness.
By the Salale epistemology of
non-violent resistance, evil doers are not evils but victims. Hence,
forgiveness rather than revenge, peace rather than conflict rule the
ontological daily life experience of individuals both “inside” and “outside”.
Like among the Hopi Indians, interaction “marks the horizon of belonging” and
“locates the power ‘out there’ as Waaqa (God) rules throughout such serious
matter as guma from the onset up to its coda. Silence on the
side of the victims when politely asked by the Traditional Judge “eew jedhaa” /
“please say “yes” to show consent to the “blood price” they deliberately kept
quiet as this is a norm. Here the refusal to speak is not “a failure to
communicate,” unlike Richland’s the Hopi case (2008:2). The Traditional Judge
approvingly agrees to their silence as taken as “consent” and he leads on to
make decision.
8. The Traditional Judge speaks often
by making direct reference to tradition through terms and phrases such as
“Caffee/Court,” “Seera/Law,” “Dhugaa/Justice,” and mainly “Waadaaa/Covenant”
which are difficult if not impossible to directly translate them into English
without risking their embedded contextual meaning(s).
9. Among the Hopi Indians in USA,
Justin Richland (2008:56) observed that “the instances of talk about cultural
identity and tradition that emerge in … interactions reveal a wide diversity of
form, content, and distribution of speaking rights (who can say what, and how,
about Hopi tradition)”. Similarly, in the discourse of the Salale Traditional
Court discussed in this paper, the Traditional Judge controls the pace of the
proceedings to give no chance to any distractive attempt whatsoever and uses
repetitions, refrains, norms of salutation and conversation, and apologetic
formulas and repeated references to traditions from the onset through the
procedures up to coda.
The emphasis is made to achieve
harmony norm (“harmony ideology”) and encourage pro-social
behavior called safuu through internalizing it as everyday
means of social control. The assumption is that based on such a voluntary
compliance as a democratic orientation, people turn to norms of social control
operative in the community against external pressures and internal
degeneration. Hence, waadaaa (kakuu)/covenant allows
a ritualistic affirmation of community. However, the
mainstream liberalist values underpinning litigative process of the official
(federal) law are disruptive of social expectations, and have potential to
exacerbate rather than relieve social tensions. Hence, the reason for Banditry
/ Resistance among the Salale Oromo like many other oppressed peoples in the
world is to defend oneself, one’s family, and one’s community and safeguard
the waadaaa principle as a symbol of sovereignty (see also
Duska 2008).
10. at this point the Traditional
Judge apologetically spoke to me twice to step back while recording: once at
the beginning and again at the end. The main reason, then I thought, was to
keep on track the hearing and make decision before performing the ritual, and
in part this was true. However, as I talked later to the traditional judge, I
was told that no effort had been made to represent the Salale law and
(resistance) culture by ethnographers who conducted research in the region and
rather the Salale history and life had been left tainted by misappropriations
and misrepresentations. The degree to which the Salale Oromo felt exploited by
such practices, I inferred, must have left them indifferent and skeptical
whether any research work should cease altogether unless it can respond to the
specific concerns of the people.
11. It is important to note that the
decision was made but the ritual was not performed because the compensation was
not finalized until some bureaucratic procedures, like insurance claim on the
mini-bus, were complete. However, the record of the proceeding of the day was
taken by a local official. To my assessment, the record revealed a rather fussy
and unclear data out of the well patterned and structured proceedings and
narratives ruled by the meticulous, articulate Traditional Judge. In this case,
it appears that the offenses and ordinances enforced by the local traditional
courts are not free from the regional and/or the federal scrutiny. I thought
that the presence of the local official at the Traditional Court and
documenting the hearing was to make sure that the traditional proceedings were
on a par with laws set out in the Code of Federal Regulations and Regional
States.
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_____________
Coming soon in Journal Of African Cultural Studies (JACS), 26.2.
_____________
Coming soon in Journal Of African Cultural Studies (JACS), 26.2.
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