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Saturday 9 October 2010

Xeer Issa in English.

The "xeer, like any judicial and legislative system - has its own mechanisms of operation and control.

However, unlike many others, it is distinguished by the flexibility of its structures. The main components of "xeer” are Gande and Guddi: two legislative bodies, which each have the powers to execute specific duty.

Gande: is an Assembly composed of 44 members, representing all Nations and communities that form the confederation of Issa - They been chose based on their wisdom, moral, integrity and their knowledge of the laws (xeer). These lawyers are themselves call, Ghent.

Their primary role is to protect the original text (constitution) or Xeer against the excesses and miss-interpretations that can undermine the very spirit of the "xeer. They are the guardian of the document.

The Gande as members of a constitutional council would refer them. Each member fills in this council for a particular function. In this context, the Ghent may apprehend any individual, who failed to comply in the contrary to the "xeer.

This body, however, has the power to amend the "xeer" or to supplement with new laws. They designate an individual member of Ghent, who will meet precise rules. It must meet certain conditions specified in the xeer: nobody has the right to leave during the trial - and his duty is - to think not for himself but for the whole community.

The strict conditions of being part of this committee: individual respect among his peer. Their residence during the trial will be quite secluded.

The origin of the word "Gent" is also signifies. Originally Oromo: it is used by sedentary populations practicing agriculture. It can lead to group boxes.

The "xeer" requires the 44 members of the Ghent to form a village. In return, the designated place shall be prosperous, have plenty of water and pasture. This place is also exclusive to them, and it should not be a dry place - as a result of spending great deal times in there.

Several reasons, why this required place of settlement is to be free of any outside of influences. As a role of guarantor of the "xeer", it requires that the Ghent has a fixed address where any community member wishing to fill a law-suite could find them easily. If it need how to quickly summon the whole 44 elders, who often scattered throughout the territory of issa.

Moreover, putting the Ganda an isolated place, and protecting make the Ganda safe from any hostile environments. Finally, it is wise to save the hassle of chasing after pasture and water to survive. Thus, the settlement is expected to provide at Ghent, the smoothest possible and the time needed to carry out its duty as guardian of the constitution. The Ghent distinct from any other Issa's functioning committees.

The Ghent (Jury) wear all white clothes, red bands, encircled their heads and wear a sign crosshair drawn in ink on the front. They each carry a unique whip. Each member will be given a new temporary name, and that will reflect the character of each individual: as wise or blessed one.

This desire for anonymity is to make it clear that their function will not override the individual interest. It is worth noting the role played by the Jury every day; it means the continuation of rites to protect the people of issa.

Every morning, according to a very special gathering, they call the Ghent to fulfilled four main traditional vows: blessing the food, praying for peace, health and above all the unity of Issa Nation.

The Gudde, besides the Ghent, their duty is to over-see the proper legal procedure of the "xeer, there is another proceeding, the Gudde, a sort of legal body which deliberates on all disputes between the Issa, both minor and serious issues. The composition of Gudde is not as rigid as that of Ghent.

The number of judges depends on the importance of the case of the trial. It is only, in case of a murder case, which requires all members (44) attend the trial. In the country side, the Gudde seat under a tree with a sandy bed of dry wadis.

Hence, also the name of Gudde, originated of contiguous words "GEED" (tree) and "Dih" (wadi).

These names have come to mean in the long sessions of deliberation itself, and, by extension, the regulatory procedure sessions. The Issas have identified 12 places of assembly, Gudde, classified into two categories:

- 6 "wadis" mud, because is muddy when the river flows. This actually refers to a geographically specific area, located between Sitti and Dire Dawa (Sitti, Hadhagala, Habago, Waaruf, Handha Ubeyhd and Harawa).

- 6 "wadi sand, because the water after it sank, leaving a washed and clean. This is the area between the Red Sea and Sitti (Biho Hadday, Dhanaan, Guist, Heensa, and Dih Barkhadle Zeila). These twelve sites Gudde play a special role in the verdict delivered after each case. Indeed, the "xeer" grants to each of the disputing parties the opportunity to appeal twelve times if the verdict does not suit him.

Twelve chances appeals are legally available in Xeer. Of course, each case of appeal can not be judged on the same place and after each call, another place of arbitration will be assign. However, the Issas have rarely used this long and complicated procedure and usually a case does not exceed one or two trials.

The cases presented - it range from simple to the most serious crimes. And it often makes a distinction between public interest and those of private interest. It should be noted that formalizing where the trial place. In Gudde each occupies a specific place, where a special ritual ceremony recites. Finally, it notes that the weight given to testimony and oaths previously told by the witnesses in the trial will eventually determine the outcome of the trial.

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