1. Introduction
Traditional institutions have long served as the bedrock of governance and conflict resolution within indigenous communities worldwide. Among the Anywaa people, an ethnic group predominantly inhabiting regions of South Sudan and Ethiopia, traditional institutions play a pivotal role in maintaining social order, resolving disputes, and preserving cultural heritage. The Anywaa traditional governance system encompasses a complex network of institutions, each with distinct roles and responsibilities, reflecting the rich tapestry of their indigenous knowledge and practices.
At the heart of Anywaa traditional governance are three primary institutions: Nyieya Nobleship, Kwaaro Headmanship, and Nyibur spiritual leadership. These institutions, deeply rooted in Anywaa culture and history, provide the framework for societal organization, decision-making, and conflict resolution.
The Nyieya Nobleship institution represents the apex of Anywaa leadership, embodied by the Nyieya lords who wield considerable authority over their respective communities. The institution is intricately linked with lineage and birthright, with the Nyieya's power deriving from ancestral ties and ceremonial investiture. Symbolized by the prestigious Ucuok necklace, the Nyieya's authority extends over matters of justice, administration, and spiritual guidance.
Contrastingly, the Kwaaro Headmanship institution revolves around land ownership and community administration. Kwaaro, as landowners, hold sway over village affairs, distributing land, resolving disputes, and maintaining social cohesion. Supported by a network of appointed officials, the Kwaaro Headmanship ensures the equitable distribution of resources and the preservation of community interests.
Nyibur, the spiritual leader and representative, bridges the secular and sacred realms within Anywaa society. Responsible for invoking blessings, conducting rituals, and serving as a conduit to the divine, Nyibur embodies the spiritual essence of the community, fostering harmony between humanity and the natural world.
Family councils, micro-institutions within villages, complement the broader governance structure by facilitating local decision-making and mediating interpersonal conflicts. Through a system of collective deliberation and consensus-building, family councils uphold communal values and address issues at the grassroots level.
In times of conflict, Anywaa traditional institutions employ a nuanced approach to dispute resolution, drawing upon indigenous practices and customary norms. Whether addressing inter-village disputes, intra-family conflicts, or cases of homicide, traditional mechanisms prioritize reconciliation, restitution, and community participation.
This paper aims to explore the intricate dynamics of Anywaa traditional institutions, shedding light on their historical evolution, functional mechanisms, and contemporary relevance. By delving into the complexities of Nyieya Nobleship, Kwaaro Headmanship, Nyibur spiritual leadership, and family councils, this study seeks to deepen our understanding of indigenous governance systems and their enduring significance in the modern world. Through an analysis of Anywaa dispute resolution procedures, including inter-village conflict mediation and homicide reconciliation, this paper illuminates the resilience and adaptability of traditional institutions in addressing complex societal challenges.
In essence, the traditional institutions of the Anywaa people stand as a testament to the enduring legacy of indigenous governance, offering valuable insights into alternative modes of social organization, conflict management, and cultural preservation. As we navigate an era of globalization and rapid societal change, the lessons gleaned from Anywaa traditional governance hold profound implications for fostering resilience, equity, and community cohesion in diverse contexts worldwide.
2. Traditional Institutions of the Anywaa
Traditional institutions have been developed to administrate specific communities based on their indigenous knowledge, which can be divided into three categories: The first is the Nyieye (plural) or Nyieya (singular) Nobleship institution
[16] | Sommer, Monika M. Transforming Conflict in the multi-ethnic State of Gambella in Ethiopia: Mediation in a divided society. Institut Universitaire Kurt Bösch, 2005. |
[16]
. The Nyieye headquarters are in Adongo, Pochalla, Jonglei State, in the southeastern section of South Sudan. The second is the Kwaari (plural) or Kwaaro (singular) preserved Headmanship institution
[9] | Lienhardt Godfrey: Anuak Village Headmen. I, Journal of the International African Institute, Cambridge University Press on behalf of the International African Institute Oct., 1957, Vol. 27, No. 4 (Oct., 1957), pp. 341-355. |
[9]
. Third, is Nyibur's spiritual leader and permanent representative. Under the supervision of the concerned village administration, Family Councils are also the primary micro institution for controlling the peaceful interactions of the society
[1] | Tafese, Tasew. "Conflict management through African indigenous institutions: A study of the Anyuaa community." World Journal of Social Science 3, no. 1 (2016): 22-32. |
[1]
. Nyieya is the top-ranking member of Kwaaro and Nyibur's hierarchy, but they are generally self-sufficient in their community
[17] | Evans-Pritchard, Edward Evan. "Further observations on the political system of the Anuak." Sudan Notes and Records 28 (1947): 62-97. |
[17]
. The administration of the two major institutions (Nyieya and Kwaaro) is unrestricted by their power. As a result, if a village is administered by Nyieya, Kwaaro is ineligible to intervene in that administrative system in terms of the people, but the land is his property
[3] | Evans-Pritchard. The political system of the Anuak of the Anglo-Egyptian Sudan. Routledge, 2021. |
[3]
. Similarly, if Kwaaro administers a village, Nyieya can reside there as a valued guest who cares for the people, but he cannot intervene administratively. If neither Nyieya nor Kwaaro administers a village, Nyieya appoints a permanent representative of Nyieya, i.e. Nyibur, from that village, for justice during times of conflict, dispute, and other social phenomena in the Nyieya institution
[1] | Tafese, Tasew. "Conflict management through African indigenous institutions: A study of the Anyuaa community." World Journal of Social Science 3, no. 1 (2016): 22-32. |
[1]
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2.1. The Nobleship Institution (Nyieya)
One of the traditional institutions of Anywaa is the royal family, which includes the great Anyuaa king. Nyieya is a powerful Anywaa lord who wields total power. Nyieya doesn't own any property. Anywaa people, on the other hand, are Nyieya's property
[3] | Evans-Pritchard. The political system of the Anuak of the Anglo-Egyptian Sudan. Routledge, 2021. |
[3]
. It possesses supreme strength, and the Anywaa people respect him. As a result, the nobility is determined by birth and an enthronement ritual that allows him to wear the royal insignia, Ucuok, around his neck. Tung-Goch and Tung-Nyiudola are two noble structural lineages. The two lineage lines have historically competed for possession of the royal emblem, Ucuok. Tung-Goch had it at first, but Tung-Nyiudola got it afterward. As a result, any Anywaa who is not born into the Tung-Nyiudola lineage has no right to be a Nyieya. A man cannot become a Nyieya just by being born, but rather by being invested with noble emblem. If he is not invested with them, he will never be a noble, and his children will be forever barred from enthronement and Nyieya lineage is a royal family lineage. Different officials and structurally worked to facilitate Nyieya's institutional
[4] | Oduol Agwua, interviewed by the author, Gambella town, May 6, 2022. He was born and lives in Gambella. He is currently the Kwaaro of Abobo he is an educated person with M. A degree in peace and security know well about the structure of power transferability of the Nyieya. |
[4]
. When a young person is invested with royal symbols, it is his maternal uncle who administers the ceremony. Today, the royal youth's maternal uncle brings him to the king's village and performs the ritual there. Previously, the youth had to seize the symbols and bring them to his village, where his maternal uncle would invest him with them
[3] | Evans-Pritchard. The political system of the Anuak of the Anglo-Egyptian Sudan. Routledge, 2021. |
[3]
. The ucuok necklace is placed around the ruler's neck as part of the enthronement ceremony. Its unique merit stems from its connection to Ukiro or Ucudhu, the founder of the noble family. The legend of his birth is known to all Anywaa, even those who live far away from the lords' domain
[4] | Oduol Agwua, interviewed by the author, Gambella town, May 6, 2022. He was born and lives in Gambella. He is currently the Kwaaro of Abobo he is an educated person with M. A degree in peace and security know well about the structure of power transferability of the Nyieya. |
[4]
. During the more recent times of Anywaa history, not only did the kingship pass from village to village, but the kings themselves moved from village to village. The ritual center, the royal emblems, shifted, but so did the personal points through which the system's center traveled. The interrelationships between villages remained stable
[1] | Tafese, Tasew. "Conflict management through African indigenous institutions: A study of the Anyuaa community." World Journal of Social Science 3, no. 1 (2016): 22-32. |
[1]
. Village communities maintained in a somewhat constant spatial relationship with one another, and their strength was roughly equal. No single village could rule over its neighbors, much less the entire country. The village is the most important political unit among the Anywaa
[5] | Wall, L. Lewis. "Anuak politics, ecology, and the origins of Shilluk kingship." Ethnology 15, no. 2 (1976): 151-162. |
[5]
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The insignia are shared by all of the communities, not just one. They are the property of the entire country
[6] | Zewde, Bahru. Relations between Ethiopia and the Sudan on the western Ethiopian frontier 1898-1935. University of London, School of Oriental and African Studies (United Kingdom), 1976. |
[6]
. The equality of the nobles and the circulation of the kingship bring the independence of village groups and their membership in a polity into alignment
[3] | Evans-Pritchard. The political system of the Anuak of the Anglo-Egyptian Sudan. Routledge, 2021. |
[3]
. Nobles did not hesitate to invade nearby villages if they were powerful enough and had a fair chance of succeeding. They have probably only been able to raid neighboring villages widely after the introduction of weapons, because firearms were formerly owned by just a few Nyieye, upsetting the balance of village troops.
[18] | Sishagn, Shumet. "The economic basis of conflict among the Nuer and Anuak communities." In Proceedings of the Third Annual Seminar of the Department of History, pp. 131-144. Addis Ababa: Department of History, Addis Ababa University, 1986. |
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The nobles did not exhibit the self-centeredness they have since the introduction of firearms, according to all informants
[7] | Didimu Ojwato, interviewed by the author 4/May/2022 Gambella own. He is a civil servant and grandson of a nyiye has well informed about the change of Nyieya center after the introduction of fire arms to the traditional system Anywaa. |
[7]
. It has been noted that each village is spatially very distinct, economically self-contained, and politically isolated.
The important officials and their responsibilities are listed below.
Nyikugu is the head of Cuud and serves as the chief supervisor as well as the direct boss of others on Nyieya's side. He is sometimes referred to as Nyieya's representative at Cuud's court. If the society files an accusation appeal, Nyikugu will adjudicate the case
[8] | Lienhardt, Godfrey. "Anuak Village Headmen1." Africa 28, no. 1 (1958): 23-36. |
[8]
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Nyieatowieli is the Jayie's (the 'Cabinet') public relations officer. To strengthen their external relationship, he delivers a message from his village's king to another village's king or headman. He acts diplomatically. He is also in charge of delivering the king's message to the specific local community. He also serves to report the outcome of discussions at the Cuud for Nyikugu or Nyieya adjudication
[1] | Tafese, Tasew. "Conflict management through African indigenous institutions: A study of the Anyuaa community." World Journal of Social Science 3, no. 1 (2016): 22-32. |
[1]
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Kuey Luak; The Nyieya edifice, including the assembly and court place, Cuud, is guarded by Kuey Luak, an armed force of a strong age group from Joluak - an age group with soldier potential
[1] | Tafese, Tasew. "Conflict management through African indigenous institutions: A study of the Anyuaa community." World Journal of Social Science 3, no. 1 (2016): 22-32. |
[1]
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Nyibur: a Nyieya or Kwaaro authorized representative for a single village if neither Nyieya nor Kwaaro exists, and is responsible to Nyieya. He also functioned as a spiritual leader, blessing the people, the land, the water, and the animals, as well as praying to Naam-Jwok, the river god, regularly. Nyieya bangs the Udola drum when he has the emblems during the enthronement, which was carried by the 'river man' (Ucuudho/Ukiro) with Ucuok bead. Nyieya features a gathering place known as Cuud, which also serves as a court station
[4] | Oduol Agwua, interviewed by the author, Gambella town, May 6, 2022. He was born and lives in Gambella. He is currently the Kwaaro of Abobo he is an educated person with M. A degree in peace and security know well about the structure of power transferability of the Nyieya. |
[4]
. This courthouse hosts an entire legal system. When a Kuey Luak age group reaches retirement age, they hand over their armed forces to the next strongest age group and convene at Cuud. Their name was changed to Jocuud once they moved to Cuud. Jocuud was a privy council and taught different age groups at any time and in any place, including the hearth during wic mäc - a night fire - to maintain societal decency. As a result, all Nyieya officials, including Jocuud, are known as Jayie. Officials from Nyieya lineage and others have been appointed to serve Nyieya's structure to ensure the long life of their king
[4] | Oduol Agwua, interviewed by the author, Gambella town, May 6, 2022. He was born and lives in Gambella. He is currently the Kwaaro of Abobo he is an educated person with M. A degree in peace and security know well about the structure of power transferability of the Nyieya. |
[4]
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2.2. The Headman Institution (Kwaaro)
Kwaaro is a landowner who gave land to the village's landless residents through Nyibur. Kwaaro manages the administration with the help of his officers
[1] | Tafese, Tasew. "Conflict management through African indigenous institutions: A study of the Anyuaa community." World Journal of Social Science 3, no. 1 (2016): 22-32. |
[1]
. The following are some of the senior officials who have been nominated to the kwaaro cabinet to carry out public obligations Karwang is a special administrator and advisor to the headman/kwaaro for administrative and public affairs. As Speaker of Kwaaro in the absence of Kwaaro, he would oversee all village matters
[9] | Lienhardt Godfrey: Anuak Village Headmen. I, Journal of the International African Institute, Cambridge University Press on behalf of the International African Institute Oct., 1957, Vol. 27, No. 4 (Oct., 1957), pp. 341-355. |
[9]
. Village communities remained in a fairly fixed spatial relationship to one another and they were of about equal strength. No one village could dominate its neighbor’s, far less dominate the whole country
[9] | Lienhardt Godfrey: Anuak Village Headmen. I, Journal of the International African Institute, Cambridge University Press on behalf of the International African Institute Oct., 1957, Vol. 27, No. 4 (Oct., 1957), pp. 341-355. |
[9]
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Nyikugu-head In the absence of both Kwaaro and Karwang, Nyikugu-head of Burra will facilitate the arbitration process during conflict settlement and will also aid the village's administrative issues
[3] | Evans-Pritchard. The political system of the Anuak of the Anglo-Egyptian Sudan. Routledge, 2021. |
[3]
. Headmen select deputies to handle guests in their absence and to whom minor issues of village life may be sent for discussion rather than determination. The headman's representative is known as Nyikugu, and he can come from any bloodline
[3] | Evans-Pritchard. The political system of the Anuak of the Anglo-Egyptian Sudan. Routledge, 2021. |
[3]
. Almost any person who regularly interacts with the headman and to whom the headman delegate tasks related to village administration may be referred to as Nyikugu in that temporary context, though the office is more formalized in some villages than others and is frequently passed down from father to son.
Nyitoga- is the village's general council of internal affairs, which assisted Kwaaro in social, economic, and cultural problems. He is the village's champion and mobilizer for prosperity, as well as the village's security head and counselor
[1] | Tafese, Tasew. "Conflict management through African indigenous institutions: A study of the Anyuaa community." World Journal of Social Science 3, no. 1 (2016): 22-32. |
[1]
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Nyibur is the spiritual and land tenure chief. He has the authority to distribute farmland to residential areas and keeps track of land and population figures. He is in charge of the village's border demarcation as well as praying and warning the people during times of drought, hunger, harvest, and epidemic disease
[9] | Lienhardt Godfrey: Anuak Village Headmen. I, Journal of the International African Institute, Cambridge University Press on behalf of the International African Institute Oct., 1957, Vol. 27, No. 4 (Oct., 1957), pp. 341-355. |
[9]
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Nyieatowiel is the head of public relations and information and Kwaaro's special messenger. Kuey luak - a Burra-based armed force that helped Nyikugu resolve disputes and fight wars
[9] | Lienhardt Godfrey: Anuak Village Headmen. I, Journal of the International African Institute, Cambridge University Press on behalf of the International African Institute Oct., 1957, Vol. 27, No. 4 (Oct., 1957), pp. 341-355. |
[9]
. It keeps the Kwaaro structure and Jayie in good working order. Kwaaro features a gathering spot known as Burra, which also serves as a courthouse. It is a center for conflict resolution and other social services
[18] | Sishagn, Shumet. "The economic basis of conflict among the Nuer and Anuak communities." In Proceedings of the Third Annual Seminar of the Department of History, pp. 131-144. Addis Ababa: Department of History, Addis Ababa University, 1986. |
[18]
. When the Kuey luak age group turned old, they disarmed and left the area for the younger age group. After disarming, they took Burra's location and renamed it Joburra. Joburra's role is to counsel and educate various young age groups at any time and in any location, including wic mäc, as well as during times of conflict or other social phenomena
[1] | Tafese, Tasew. "Conflict management through African indigenous institutions: A study of the Anyuaa community." World Journal of Social Science 3, no. 1 (2016): 22-32. |
[1]
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3. Anywaa’s Dispute Resolution Procedure
For different traditional communities in Africa, indigenous knowledge plays a significant role in conflict resolution. As a result Fekadu, argue that indigenous dispute resolution differs qualitatively from judicial conflict resolution
[10] | Petros, Fekadu. "Underlying Distinctions between ADR," Shimglina" and Arbitration." Mizan Law Review 3, no. 1 (2009): 105-133. |
[10]
. It is a method in which problems are resolved with the help of a neutral third person, who is generally chosen by the parties themselves. Traditional dispute resolution processes are initiated by the criminal, his or her family or close relatives, and in some minor offences, by the victim or his or her family, according to Endalew
[11] | Enyew, Endalew Lijalem. "Ethiopian customary dispute resolution mechanisms: Forms of restorative justice?." African Journal on Conflict Resolution 14, no. 1 (2014): 125-154. |
[11]
. When a crime is committed, the offender, victim, their families, or any third-party spectators rush to the elders and ask for assistance in resolving the problem. According to researchers, the Anywaa's traditional institutions dealt with various conflicts such as inter-village, intra-village, and homicide.
3.1. Inter-Village Conflict
It is a quarrel between two villages or Kwaaro that can be resolved by a neutral village headman (Kwaaro). However, when a quarrel arises between two Kwaaro, the third neutral party (Kwaaro) is unable to mediate, forcing Nyieya to intervene
[12] | Sommer, M. "Traditional Instruments of Conflict Resolution and Mediation among the People of Gambella, Ethiopia." Discussing Conflict in Ethiopia (2007): 29-55. |
[12]
. During the resolution process, the third neutral party, Kwaaro, was also concerned about the situation on Nyieya's behalf. Kwaaro sends its Nyieatowieli to Nyieya to settle the dispute
[12] | Sommer, M. "Traditional Instruments of Conflict Resolution and Mediation among the People of Gambella, Ethiopia." Discussing Conflict in Ethiopia (2007): 29-55. |
[12]
. When the Nyieya learned of the quarrel between the two Kwaaro, he directed its Nyieatowieli to summon the disputants to the Cuud and begin the arbitration procedure. Nyikugu facilitated an open dialogue at the Cuud court station to address the disagreement
[9] | Lienhardt Godfrey: Anuak Village Headmen. I, Journal of the International African Institute, Cambridge University Press on behalf of the International African Institute Oct., 1957, Vol. 27, No. 4 (Oct., 1957), pp. 341-355. |
[9]
. Nyieya seeks guidance from Jocuud during the discussion, and Nyikugu handles everything. They analyze the source of the conflict and identify the aggressor during the dialogue. The outcome of this identification is transmitted to Nyieya via Nyieatowieli. Finally, Nyieya reconciles them and advises them on how to coexist peacefully, before ordering both of them to compensate Jocuud for their mistake
[2] | Bacon, C. R. K. "The anuak." Sudan Notes and Records 5, no. 3 (1922): 113-129. |
[2]
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3.2. Intra-Village Conflict
Intra-village conflicts can arise inside families or between families. The family council and the headman (Kwaaro) are also involved in the resolution process. The conflict that arises within a family, for example, is mediated by the family council
[13] | Abwola Opiew, interviewed by the author 2/May/2022 Gambella Town He is son of Kwaaro, and he had experienced the traditional administration has good knowledge about how the family assembly resolve the conflicting family. |
[13]
. Up to five family elders formed a family council. They are all members of the same family. All of the family elders and their family members have gathered in the family council to discuss the situation
[1] | Tafese, Tasew. "Conflict management through African indigenous institutions: A study of the Anyuaa community." World Journal of Social Science 3, no. 1 (2016): 22-32. |
[1]
. The disputing parties are also present at the meeting, and family elders serve as an arbiter. If the family elders cannot agree, they have the authority to impose any choice on the disputant party
[14] | Ojulu Oriemi, 20/May/2022 Gambella Town He is respected man in the area, and told me about the social organization of the Anywaa has good information and experience about the power and the responsibility of the kwaaro in conducting arbitration of the disputant family. |
[14]
. Conflict happens between various families in the same village, and the third neutral family initiates the mediation procedure
[9] | Lienhardt Godfrey: Anuak Village Headmen. I, Journal of the International African Institute, Cambridge University Press on behalf of the International African Institute Oct., 1957, Vol. 27, No. 4 (Oct., 1957), pp. 341-355. |
[9]
. The party invites both families to meet under the tree, which is said to be a peaceful spot for inter-family conflict resolution. However, there are situations when the problem is beyond the third family's capabilities. As a result, the matter will be referred to the village chief for arbitration. Thus, Kwaaro orders Nyieatowieli to summon the entire village, including the quarrelsome family, to Burra for a meeting
[14] | Ojulu Oriemi, 20/May/2022 Gambella Town He is respected man in the area, and told me about the social organization of the Anywaa has good information and experience about the power and the responsibility of the kwaaro in conducting arbitration of the disputant family. |
[14]
. Following the community's arrival at Burra, Kwaaro and Joburra take their seats to listen to the conversation. Then Nyikugu informs the audience about the session's major goal before asking the victim family to explain the source of the problem and their dissatisfaction. They explain everything, including their dissatisfaction, and the audience listens. Second, Nyikugu inquires about the major cause of the problem with the offender's family in order to cross-check and determine the source of the conflict. Nyikugu opens the floor for debate based on Anywaa standards if there is a gap in knowledge between the offender's and victim's explanations. The audience is silently listening to the argument between the two opposing parties witness regarding the victim's and offender's families. To avoid unnecessary annoyance, the offender's family is not allowed to speak for the community during any of the discussions. The victim's family, on the other hand, has the right to engage in the conversation in order to achieve an agreement with the community about compensation. Nyikugu informs the offender's family of their agreement once they reach an agreement. As a result, Nyikugu informs Nyieatowieli that all majorities have agreed on Kwaaro. Finally, Kwaaro listens to Nyieatowieli's report and consults Joburra for guidance before making a decision based on the majority's agreement
[9] | Lienhardt Godfrey: Anuak Village Headmen. I, Journal of the International African Institute, Cambridge University Press on behalf of the International African Institute Oct., 1957, Vol. 27, No. 4 (Oct., 1957), pp. 341-355. |
[9]
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3.3. Homicide
Homicide is a serious crime that is also anti-social. As a result, murder is a source of major conflict; yet, it occurs in different parts of society at different times. According to the village administrator, when a person commits a murder crime, the culture requires him to surrender himself to either Nyieya or Kwaaro
[12] | Sommer, M. "Traditional Instruments of Conflict Resolution and Mediation among the People of Gambella, Ethiopia." Discussing Conflict in Ethiopia (2007): 29-55. |
[12]
. As a result, once the offender reports to Cuud/Burra, Nyieya/Kwaaro takes care of everything. Nobody can harm him since he is under the supervision of Nyieya/Kwaaro; even the dying family is not allowed to harm him
[15] | Abang Omot, interviewed by the author 15/May/2022 Gambella Town, She is a daughter of Kwaaro Omot of Jor and had good knowledge about reconciliation and compensation. |
[15]
. Because a murderer is completely shunned and not permitted to associate with others until traditional purification, Nyieya/Kwaaro treat the criminal in a friendly manner, providing food and drink, including tobacco, as well as shelter, until the situation is resolved. Nyieatowieli is dispatched to gather information about the incident after the murderer surrenders to Nyieya/Kwaaro
[7] | Didimu Ojwato, interviewed by the author 4/May/2022 Gambella own. He is a civil servant and grandson of a nyiye has well informed about the change of Nyieya center after the introduction of fire arms to the traditional system Anywaa. |
[7]
. Then Nyieya/Kwaaro sends a message to the offender's and victim's families, as well as the rest of the community, inviting them to a meeting in Cuud/Burra to find a solution based on the facts obtained. To do so, the community assigned eloquent and mentally bright seniors who were esteemed by society to represent the community as elder's council at Cuud or Burra. Both the plaintiff and defendant have enough opportunity to present their cases. The elders' council examines the circumstances and determines whether the offense was committed intentionally or accidentally. As a result, the circumstantial evidence is thoroughly examined. Thus, the investigation takes a week to double-check the crime scene. Finally, after much deliberation, they decide on the culprit to pay restitution to the victim's family and perform traditional purification
[4] | Oduol Agwua, interviewed by the author, Gambella town, May 6, 2022. He was born and lives in Gambella. He is currently the Kwaaro of Abobo he is an educated person with M. A degree in peace and security know well about the structure of power transferability of the Nyieya. |
[4]
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4. Compensation and Purification
Compensation is a cultural obligation to keep the disputant parties at peace and secure. It is also a state of assurance about the peacemaking process following the end of their disagreement. As a result, recompense has been replaced with in-kind payment and Anywaa's justice. As a result, recompense is required for all types of crime except homicide during inter-village, age group, agem, and agaanya dance fighting
[9] | Lienhardt Godfrey: Anuak Village Headmen. I, Journal of the International African Institute, Cambridge University Press on behalf of the International African Institute Oct., 1957, Vol. 27, No. 4 (Oct., 1957), pp. 341-355. |
[9]
. There was another type of dance in the past that is important for understanding the full social significance of the headman's dance. This was an agaaya dance, which the government has now prohibited
[9] | Lienhardt Godfrey: Anuak Village Headmen. I, Journal of the International African Institute, Cambridge University Press on behalf of the International African Institute Oct., 1957, Vol. 27, No. 4 (Oct., 1957), pp. 341-355. |
[9]
. The type of compensation, however, is determined on the sort of offence. As a result, their traditional institutions have established two sorts of compensation processes. They are in terms of cultural objects and people, depending on the injured party's interests.
Cultural Objects: A person who commits a crime is required to compensate the dying family with precious cultural objects. All dowries received during a marriage serves as recompense. The most expensive cultural materials include Dimui, Tiger Skin, Athero, Dem, Ogudi, Garrie, Thinjet, Elephant Teeth, Gun, Cows or Bulls, and so on today these cultural objects replaced by currency
[2] | Bacon, C. R. K. "The anuak." Sudan Notes and Records 5, no. 3 (1922): 113-129. |
[2]
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Human Beings: In the instance of homicide, the victim's family requires human replacement rather than cultural compensation. The victim's family chooses a girl or a man from the offender family's children based on their interests, adopts her/him, and raises her/him as their own child
[12] | Sommer, M. "Traditional Instruments of Conflict Resolution and Mediation among the People of Gambella, Ethiopia." Discussing Conflict in Ethiopia (2007): 29-55. |
[12]
. In this scenario, they usually choose a female to marry the dying brother, cousin, or uncle. Her child is treated and recognized as the dying person's offspring. As a result, a person who commits a crime may be destitute and unable to pay in both reparation processes. In this scenario, the victim's family receives compensation in one of the three ways listed below.
1. A poor person surrenders himself to Nyieya/Kwaaro, and Nyieya/Kwaaro pays the victim's family compensation. Instead, a poor person serves Nyieya/Kwaaro as a servant.
2. A wealthy person who has been recognized by the elder's council has the right to compensate a poor person. Instead, a poor person who commits a crime has adopted a rich man's child.
3. If a poor individual is unable to find a wealthy man prepared to adopt him as a child, he or she becomes the victim's servant. If the crime was accidental, this kind of restitution is used.
Finally, depending on the village where the resolution process is taking place, either Nyieya or Kwaaro will perform a ritual rite. It aids in the resolution of significant conflicts by calming resentful feelings amongst feuding families
[12] | Sommer, M. "Traditional Instruments of Conflict Resolution and Mediation among the People of Gambella, Ethiopia." Discussing Conflict in Ethiopia (2007): 29-55. |
[12]
. They use the rite to escape curses from ancestor souls as well as to foster attitudes of tolerance among feuding families. After the disagreement is resolved, the offender's family pays the victim's family all of the compensation at the same time and provides cows or bulls. They choose one of the cows or bulls for a ritual ceremony to purge the sense of conflict. In front of the elder's council, both the offender's and victim's families look for hope. Following their promise, they prepared a spear to stab a cow or a bull one by one. The spear tips are then folded up as a symbol of peace assurance
[12] | Sommer, M. "Traditional Instruments of Conflict Resolution and Mediation among the People of Gambella, Ethiopia." Discussing Conflict in Ethiopia (2007): 29-55. |
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. Then they slaughter a cow or a bull and divide its body into two equal portions, starting at the head and working their way down to the tail. As a result, the resolution process is frequently finished with a ceremonial sacrifice of a cow or a bull, and they guarantee the effectiveness of their settlement procedure
[12] | Sommer, M. "Traditional Instruments of Conflict Resolution and Mediation among the People of Gambella, Ethiopia." Discussing Conflict in Ethiopia (2007): 29-55. |
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.
5. Conclusion
In conclusion, the research provides a comprehensive understanding of the traditional institutions and conflict resolution mechanisms within the Anywaa community, shedding light on their intricate structures and practices. The Anywaa people, situated in Ethiopia and South Sudan, have developed indigenous governance systems centered on institutions such as the Nyieya (nobleship), the Kwaaro (headmanship), and the spiritual leadership of Nyibur. These institutions, along with family councils, play vital roles in maintaining social order and resolving conflicts within the community. The study elucidates the processes of conflict resolution, which involve mediation by various officials and councils within the traditional governance system. Whether dealing with inter-village disputes, intra-village conflicts, or homicide cases, the Anywaa employ a combination of customary practices and indigenous knowledge to address conflicts effectively. The involvement of neutral parties, such as village elders and appointed representatives, underscores the community's commitment to fair and just resolution processes.
Furthermore, the research highlights the significance of compensation and purification rituals in restoring harmony and reconciliation within the community. Through restitution and traditional ceremonies, the Anywaa aim to mend relationships and reintegrate offenders back into society, emphasizing the importance of forgiveness and community cohesion. Overall, the findings contribute to a deeper understanding of indigenous governance systems and their relevance in contemporary society. By documenting the intricate workings of traditional institutions and conflict resolution practices among the Anywaa people, the research underscores the importance of preserving and respecting indigenous knowledge for sustainable peace and social cohesion in diverse cultural contexts.