The former Sultanate of Dewe, which was located in the Eastern Afar Region, was a successor political authority to the former Kingdom of Harak Bodoyta that had its centre in Khora–Angar in the 9th century.[1]
The territories of the Eastern Afar Sultanate of Dawe extend from the Highland Plateau (Bate Mountain) Waytaale on the west to the Eastern base of the Ethiopian highlands. To the south it borders the Somali Region and the Republic of Djibouti. To the east it borders to the Administrative Zone 3 of the Afar Region and to the north it shares borders Administrative Zone 1. The land of the Eastern Afar Sultanate is currently divided into five administrative districts. They are:
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The Sultanate of Dawe is the hereditary traditional political Authority of the Afar people of the Eastern Region of the State of Afar. Its political system is based on an egalitarian, social democratic political system and on communal democracy principle. Its legitimacy is derived from an acknowledgment of respect, loyalty, sovereignty and wishes of the Afar people. The power and authority of the Eastern Afar Sultanate is based on the people and on the Sultan. The Amoyta of Eastern Afar Sultanate has absolute power over his subject. His decision is final and no appeal. In the Sultanate of Dawe, each clan has a hierarchical order of clan chieftainship with the senior most linear chief or a head of clan as leader of the tribe among particular clan. This indicates that tribes and clan systems among the people of Sultanate of Dawe have a broad-based confederacy system that similar to that of the Confederations Helvetica of Switzerland.
The people of the Sultanate have enjoyed equal rights and freedom since its re-establishment at the end of the 16th century during Hamad the Great’s reign. The Afar people of the Eastern Afar Sultanate of Dawe have always practiced a form of pastoral socialism based on a collective sharing and social solidarity principle. This form of social solidarity is unique. It is called, Titta’luk aalliyya, which means having it together, sharing together or collective ownership.[2]
The legal system of the Eastern Afar Sultanate is basically based on Afar Traditional Customarily Laws. Their Customary laws based on Convention, Precedent and Case Laws as an ancient Britain, Jewish, Malaysian and African societies. The laws are usually made by the Council of Elders with the presence of the Amoyta (Sultan) in the Council. It is administered by His Majesty’s Advisory Council of Elders at Haxa.
Hara (Caxa) is the Traditional Court of Justice of the Sultanate that similar to the House of Lord of the Great Britain). In the Sultanate of the Eastern Afar Region, Dawe, Traditional Courts are still the Higher Courts of Appeal and centre of daily political life and places where important decisions are made in the Eastern Afar Region of the Afar State.
The Afar Customary Law of the Sultanate of the Eastern Afar region (zone 5) is still the guiding principle of the community due to its flexibility and clarity of legal jurisdiction and justice delivery and conflict resolution and reconciliation management. It has been reported that, the first Mada’a or Law of the Sultanate was adopted during the reign of "Bodoyta" with participation of, (a) Bodoyta-Meela (b) Qable(c) Caysa-Maale(d) Rakba(e) Dermeela. This Law was passed in Cuuyle Faagi in the District of Obock, (part of today Djibouti), where the meeting took place.
The first Law Amendment occurred during the reign of 'Aydam, the son of Bodoyta. Aydam was the second son of Bodoyta. The Second Law amendment occurred during the reign of Algo Omar and Deben le Oudoum (Qudum). Deben le Oudoum was a Supreme Leader and Chief of Hayis tribes of Bodoyta-Meela. Since the reign of Aydam, the Chief of Hayis tribes had been, and continues to be a chief of Justice of Bodoyta-Meela Customary Law. Judaical function of Bodoyta-Meela Customary Law is governed by the Chief of Hayis tribes, particularly in the Eastern region of the State of Afar (zone 5). The Third Law Law Amendment occurred during the reign of Mohamed Hamad the Great at the beginning of 18th century. It was called as Ali Dawwaani Madaa, Law of Ali Dawwaani Mohamed. This was because, at that time, the meeting was chaired by Ali Dawaani. Chief Ali Dawwaani was the senior chief of the Hayis tribes. Since then, the supreme Law Authority has rested in the chief of Hayis tribes. He is the Senior Leader of the Tribe’s Chief Council and of the Advisory Council of Elders. The fourth Law Amendment occurred in the 20th century,during the reign of the Great Amoyta (Sultan) of Mohamed Bodaya.[3]
The Customary Law of the Eastern Afar Sultanate of the Afar region is a considerable part of the law of the land of Afar. Equally, traditional Authority of this region is also part of Customary Laws of the State of Afar because it has been recognised it as an important source of State legal system. The law making authority is vested in the Council of Elders and tribes Chiefs Council with the presence of Afar clan leaders and religious institutions and Peer Groups Organisations. The Peer group is representative of civil societies and their Organisations. In terms of law, their participation in law making process is highly significant.
In the absence of Amoyta (Sultan), the Council of Elders and the Council of tribal Chiefs are in charge to judge cases, to pass laws, to resolve disputes and to maintain law and order in accordance with the Conventions and Precedents of the Sultanate of Dawe. The Councils of Elders and Chiefs are accountable and answerable to His Majesty the Sultan for their actions and decisions. The law forcing power is collectively administered by the Council of Elders and the Council of Chiefs. All decisions taken whether in his presence or absence, were announced as the Amoyta (Sultan)’s decision. The Prerogative power is solely vested on the (Sultan) Amoyta.
About 98% of the population leads a pastoral life by rearing camels, cattle, goats, sheep and donkeys. Agriculture is very limited. Pastoralism is the leading occupation of the people. The Eastern Afar Region is a well known zone for its livestock resources from which 98% of the Eastern Afar people earn their livelihood. The Region is estimated to have about 8 million domestic animals out of which sheep and goats constitute 60%. Cattle are the second and Camels the third most important domestic animals and the fourth is Donkeys.
However, for many years the Afar people of the Eastern Afar Sultanate region systematically experienced political, economic and social injustice and discrimination as a people by successive Ethiopian Governments. The Eastern Afar People have been threatened disproportionately and deliberately by political, cultural and linguistic assimilation into the Central State of Ethiopia. The Eastern Afar Region “Zone 5” is one of the least developed and marginalized territories of the whole Afar Regional State, in terms of economic and social development and basic infrastructure and nation building.
In general, the Afar Region is one of the least developed Regions of Ethiopia, neglected by national development efforts.[4]
Development has usually taken the form of assimilation by the central Ethiopian State and partial annexation into Ethiopia’s highland economy.[5]
Development Scheme in the Afar region, has historically reflected the priorities of central government or selects commercial and political interests, while the needs and aspiration of the Afar people have been chiefly disregarded".[6]