Ethiopia stands at a pivotal juncture, grappling with the complex task of confronting its past and present wounds through the uncharted territory of transitional justice. The idea might be somewhat novel to the country, but the desire to heal and create a more coherent future can be seen, and considerable progress has already been achieved. A professional team has worked hard to present its draft policy option to the Ministry of Justice, and a chain of new initiatives have been initiated that aims at reconciliation and lasting peace in the country.
Acknowledging the innovative essence of such a venture in the context of Ethiopia, the government is trying its level best to derive lessons and ideas from the international experiences. An important factor in this process of learning was a five-day study tour to Johannesburg and Pretoria, South Africa, of an Ethiopian delegation of 13 people with high rank on March 16-20, 2025. It was a transformative visit, organized by the American Friends Service Committee (AFSC) and the Institute of Security Studies (ISS), in collaboration with the Ministry of Justice of Ethiopia. The experience could serve as invaluable insights into the process of transitional justice in post-apartheid South Africa.
The Ethiopian delegation was not the only group that attempted this vital investigation. A wide range of African professionals working in the leading organizations of the continent were added to them: the African Union, the Institute of Justice and Reconciliation in South Africa, and the Centre of the Study of Violence and Reconciliation in South. What is more, experienced transitional justice professionals, including those of The Gambia, Sierra Leone, Togo, Kenya, and Burundi, shared their diverse opinions and added value to the discussion, helping to provide an in-depth knowledge exchange.
Throughout the tour, participants engaged directly with the living legacy of South Africa’s transitional justice efforts. Visits to historically significant sites such as the Apartheid Museum, Constitutional Hill—home to the Constitutional Court and a former prison and the National Prosecuting Authority provided a tangible understanding of the mechanisms and challenges involved.
This firsthand experience allowed the Ethiopian delegation to draw vital lessons in truth-seeking, the complexities of prosecutions for past abuses, the crucial role of reparations for victims, and the necessity of robust institutional reforms to prevent future transgressions. These insights are now being carefully analyzed and adapted to strengthen Ethiopia’s own nascent transitional justice process.
Building on this perspective, Ethiopia has a unique opportunity to implement transitional justice effectively. According to Habtamu Birhanu, a lecturer and researcher at Dilla University, several favorable conditions exist that could support this process. However, he also cautions that it won’t be straightforward or one-size-fits-all; instead, it will require a carefully tailored approach suited to Ethiopia’s specific context.
A cornerstone for this endeavor is the Pretoria Agreement, which successfully brought an end to a devastating conflict. “The region is now enjoying considerable peace, which is crucial for any transitional justice process,” Habtamu stated. The agreement also paves the way for investigations into human rights violations committed during the conflict, aiming to hold responsible individuals or groups accountable.
According to him, another significant enabler is the ongoing national dialogue. Habtamu emphasizes that this dialogue is vital for fostering mutual consensus, which he describes as “the foundation of transitional justice.”
Public desire also plays a crucial role. Habtamu highlighted a recent study, in which he participated, showing that “over 50 percent of the population in our area wants justice.” This strong community demand underscores the importance of transitional justice for the country.
Despite these favorable conditions, significant challenges loom. Habtamu pointed to proxy conflicts within the country as a major impediment that requires urgent attention for transitional justice to be effective. Resource and expertise gaps also pose challenges. However, he noted that the international community is willing to provide financial and expert support, with the African Union (AU) specifically expressing its commitment to fully back Ethiopia’s transitional justice process. He stressed the need for collaborative efforts, as this is a relatively new and unfamiliar experience for Ethiopia.
Regarding accountability for perpetrators, Habtamu expressed concern about punishing criminals, citing various complexities. Ethiopia is currently engaged in three post-conflict resolution processes: Disarmament, Demobilization, and Reintegration (DDR), transitional justice, and national dialogue. He explained that the decision to punish has “its own complexity and is not resolved by law alone; it has other elements.” For such intricate issues, an extra-legal process like the national dialogue is “the best approach,” he argued.
He even suggested that a successful national dialogue could potentially diminish the need for transitional justice. “If we have a national dialogue, we might not even need transitional justice,” he posited. “The national dialogue creates an opportunity to discuss all problems and solutions, so even the necessity of transitional justice might be decided by the dialogue’s outcome.”
However, with the transitional justice process now underway, Habtamu emphasized the need to assess implementation capabilities, particularly concerning the legal framework. He hinted at the possibility of incorporating international criminal law into Ethiopia’s legal system, as regular laws might not cover such crimes. However, he noted that this law has not yet been declared, which “gives some message regarding putting transitional justice on the ground.”
He also emphasized the need for competent and impartial institutions to hold criminals accountable, a process requiring substantial investment in “human resources, time, and other issues.” He cautioned that the nation’s political environment could easily politicize these efforts. Ultimately, he concluded that implementing transitional justice is “full of challenges, and its implementation is uncertain due to different circumstances.”
Another significant hurdle is evidence collection. Habtamu underscored the importance of efficient mechanisms to gather evidence and determine whether cases should be resolved through reconciliation, reparation, or punishment. He stated, “Overall, things will not be resolved overnight, so we need to work carefully.”
For Ethiopia, the journey ahead will undoubtedly be complex and hard. Yet, the proactive steps taken, including this invaluable study tour and the ongoing policy formulation, demonstrate a clear resolve to confront the past with honesty, heal the present, and build a more just and harmonious future for all its citizens. The lessons learned from South Africa and other nations, coupled with a deep understanding of Ethiopia’s unique historical context, will be crucial in crafting a transitional justice framework that is not merely an event, but a transformative, enduring process leading to lasting peace and national unity.
BY EYUEL KIFLU
THE ETHIOPIAN HERALD WEDNESDAY 2 JULY 2025
