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>>The "phat duoi" convention of M'nong minority

>>Customary practices and conventions of the "Ede" people

Dr. Phung Trung Tap

Hanoi Law University

Customary laws of the Ede and M’nong both define acts of causing loss of life and health, property and honor damage, which are subject to compensation. The laws distinguish between persons causing damage intentionally and unintentionally and between damage caused by persons aware and unaware of their acts. They also deal with damage caused by cattle and objects. In all cases, violators must pay damages, but at different levels.

The laws of both groups have many rules in common:

- A violator must pay damages. The level of compensation depends on the type of mistake.

- In addition to paying material compensations, a person causing damage must go through certain rituals to redeem his mistake.

- Damages must be paid fully and promptly.

- Settlement of compensation adheres to the principle of community unity.

- A violator remains a community member after fulfilling his compensation obligations.

In all aspects, the customary laws of the two groups are not contrary to the current national law while preserving longstanding ethnic cultural values. In reality, courts in the Central Highlands cannot ignore but take these laws into account in their trial.

Liability for infringement upon moral rights

Nobody is allowed to infringe upon the honor, dignity and prestige of another person. Ede and M’nong customary laws provide the liability of persons who insult or slander others. A person who infringes upon the moral rights of another person is subject to different penalties depending on his violation. A violator must pay a fine of a pig and wine to the village as a way to redeem his mistake. He must also pay damages to the victim if his acts result in the victim’s loss of time, workdays or property. A person who slanders another must compensate the victim with a jar. If his act causes serious spiritual damage to the victim, he must compensate a big jar and give the community a big pig or even a buffalo or cow as fine. A person who tells lies to another, making the latter confused and lose time, must treat the victim to meat and wine and pay his workdays.

Regulations on compensation in property for damage caused to personal honor and prestige reflect modernity of Ede and M’nong customary laws. The laws also attach importance to mediation as a way to preserve unity in the community.

Compensation for health damage and loss of life

Ede and M’nong customary laws define personal liability for damage to the health or loss of life of others which are caused intentionally or unintentionally or in sudden or force majeure circumstances:

- A person who lays a trap with warning does not have to compensate a victim caught in this trap by his carelessness. Instead, the victim must give the trapper a buffalo or pig as sacrifice.

- A person who lays a trap without warning must compensate a victim. The compensation levels are based on the victim’s health damage. If the victim can still walk, compensation includes some money and a pig as sacrifice. If the victim suffers pain and cannot walk, the trapper must compensate a cymbal and sacrifice a pig or a buffalo if the victim dies later.

- The parents of a person with mental disability who causes damage are responsible to pay damages to the victim because they fail to take proper care of their child.

- A drunk who fails to control his acts, causing health damage or loss of life to another person must pay damages as follows: If he injures that person, he must pay money to the victim; if he kills that person, he must compensate “his life” (i.e. compensate a cymbal).

Under these laws, the level of compensation is not based on actual damage but is set subjectively without any correlative grounds. The sacrifice of pigs or buffaloes also has nothing to do with compensation but is a fine paid to the community or victim. Warning in laying traps is also a vague concept under the laws given the fact that only experienced persons can be aware of such warning.

Compensation for property damage

The customary laws of both groups define the liability for compensation for property damage and compensation levels. Acts of causing damage include burning off a field for cultivation causing fire to fields of others; fishing with poisons; failing to take care or notify of sick cattle; causing forest fire; causing damage to cattle or poultry of others; grazing cattle at inappropriate time and slaughtering cattle in fields of others.

Under Ede law, a person who releases sick cattle must sacrifice a pig or buffalo to redeem his fault. A person who intentionally kills an animal entering his field must compensate the animal owner without receiving his compensation for crop damage caused by that animal. A person who kills a pig or an animal of the same size must compensate a big pot, two bars of steel and some money. If he injures a horse, ox or buffalo, he must cure that animal and when the animal recovers, he must compensate a pig and a jar of wine. If the animal cannot recover and dies, he must compensate a sum of money triple the value of that animal.

Under M’nong customary law, a person who burns off a field for cultivation and causes fire to others’ fields must pay damages and offer a dog or duck as sacrifice.

Liability for damage caused by cattle

Ede customary law defines the responsibility of cattle owners to compensate for damage caused by their cattle. Compensation is paid in equal value. The owner of an animal causing health or property damage to a person must be held responsible with certain property in addition to the actual compensation.

Compensation for damage caused by cattle is determined on the basis of mistakes of their owners. Even in some cases where they are not at fault, owners still have to pay damages since animals are theirs. When damage is caused beyond human control, it is regarded force majeure and cattle owners do not have to compensate. If an owner fails to manage his cattle, he must compensate for damage caused by the cattle. If an animal injures a person, its owner must compensate even if he is not at fault. The owner of an animal also has to compensate for damage caused to crops by that animal.

In short, the customary laws of the Ede and M’nong define non-contractual compensation liabilities on the principle of equal value and material liability according to subjective rules rather than actual damage. Their rituals and belief are reflected through fining with animals for sacrifice to deities and spirits. Compensation levels are quantified with certain objects (cymbal, jar, pot, etc).-