Shimglina
Shimglina is an Ethiopian traditional conflict resolution mechanism that deals with and addresses every type of conflict, including criminal and inter-community disputes (Aneme, 2015; Bamlak, 2013). It is a customary conflict resolution mechanism in Ethiopia, used widely by the Amhara people, an ethnic group living in Amhara regional state in Ethiopia.
While the word “Shimglina” means elderly, it has nothing to do with age, but rather centres the wisdom and social status of the person valued by the community (Fekadu, 2009).
The aim of this process is called irq, or reconciliation in Amaharic, and forgiveness between the parties to the conflict and the wider community (Aneme, 2015). It takes place with the support and engagement of locally chosen elders who serve as mediators or shimagles (Bamlak, 2013). The process involves an examination of the dispute itself, the application of customary law and evaluation of the dispute, and then the awarding of compensation to the victim through symbolic gestures of reconciliation and rituals. The inquiry is followed by a social gathering-based demonstration of some sort of interpretation of the decision (Tesfaw, 2015). The decisions are enforced with the caveat that non-adherence would result in social exclusion and public shaming (Aneme, 2015; Wourji 2012: 281).
Shimglina takes place at different levels (Alemneh, 2023). The highest level is the kebele (or neighbourhood) level, and is called “Yehager Shimagle, where highly respected and renowned elders and religious leaders selected from the villages within the kebeles serve as shimagles. The community plays a role in following up on the reconciliation process. This is one of the most effective forms of shimglina and is used commonly to address land disputes and escalated disputes (Alemneh, 2023).
The second level is at the iddir (or self-help association of the village) level. This process involves the self-help association addressing land disputes using the established norms and rules specific to the iddir (Alemneh, 2023).
The third level is neighbor-level shimglina, where farmers living within a neighbourhood in a single village engage to address disputes. This is effective for interpersonal disputes like divorce, inheritance, private grazing and cattle crop disputes, and access to pathways (Alemneh, 2023).
The fourth level is the family level, called yezemed danignet (family arbitration). The process is facilitated, negotiated, and addressed entirely by the disputants’ blood relatives and extended family members, and is used to address intra-family disputes and disputes relating to wealth-sharing, divorce, and land access within a single family (Alemneh, 2023).
Shimglina strives to preserve relationships at every level while resolving disputes, using customary law and mediation practices to bring people to the negotiation table to talk through their differences.
References
Alemneh, A. S. (2023). The Role of Indigenous Conflict Resolution Mechanism on Land Use Dispute Resolution in Bahir dar zuria Woreda.
Aneme, G.A. (2015) ‘Ethiopia: Legal and Judicial Plurality and the Incorporation of Traditional Dispute Resolution Mechanisms within the State Justice System’, in Kötter, M., Röder, T.J., Schuppert, G.F. and Wolfrum, R. (ed.) Non-State Justice Institutions and the Law. London: Palgrave MacMillan, pp. 80-99.
Fekadu, P. (2009). Underlying distinctions between ADR, shimglina and arbitration: a critical analysis. Mizan law review, 3(1), 105-133.
Tesfaw, M. (2015). Ethiopian Women; Agents and Subjects in the Shimglna (a Customary Conflict Resolution Institution): Amharas’ Experience in Meket District, North Wollo Zone. Sociology and Anthropology, 3(2), 95-103.
