In the current wave of reform in Ethiopia that is set to ensure freedom and liberty to the people, the justice sector comes out on top of the agenda as it is fundamental to regaining the public’s trust. Besides, a properly functioning justice system will definitely help to reinforce the political and democratic reforms undergoing in the country.
As a first major step of reforming the justice sector, Prime Minister Abiy Ahmed appointed Meaza Ashenafi as the first ever woman President of the Supreme Court sector in a bid to institutionalize independent, credible and accountable judicial institutions that guarantee supremacy of the law and protect human and democratic rights.
It is to be recalled that Federal Attorney General announced that the judicial institutions (including the police and courts at all levels) have been routinely used to level spurious and politically motivated charges against critics of the ruling party. Not only that the suspects’ human and democratic rights were also abused during investigations.
Witnesses revealed cruel human rights violations were also conducted in correctional facilities, which when revealed terrified Ethiopians. Courts were also unable to discharge their responsibilities without political interference. These all make reform in judicial sector mandatory to carry on with the current wave of change which is seemingly in the right direction.
Currently, various reforms are beingundertaken in the justice sector aiming at altering the existing situation thereby ensuring transparency, accountability and improving efficiency, effectiveness, and the quality of service. But, it needs hard work and continuous determination to bring about fundamental changes.
On Tuesday, the Prime Minister’s Office announced that Dr. Abiy met with Patrick Gaspard of the Open Society Foundations to discuss the progress of reforms currently taking place in Ethiopia. Gaspard vowed the commitment of the Open Society Foundations to support Ethiopia fulfill its democratization objectives, particularly in the areas of justice sector reform and strengthening of institutions.
The Ethiopian Herald approached legal experts to discuss how to go about with the justice sector reform.
Tewodros Mihret, President of Ethiopian Lawyers Association says justice sector reform doesn’t generally require the drafting or formulation of new laws. Rather, what is mostly required is the strict implementation of existing laws and international treaties and conventions ratified by Ethiopia [that are mostly deal with human and democratic rights].
“These laws clearly stipulate how suspects and prisoners should be treated and how to go about with investigations,” he says adding “Respecting the law, strengthening follow up mechanisms and conducting evaluation and monitoring on the effective implementation of laws, taking corrective measures and ensuring accountability are also imperative to bring about sustainable change.”
Hence as to him, the proper implementation of the laws by itself would simply support the reform process. “As to me, the main reform process should focus on courts or the judicial process.”
The reform should also give due emphasis to creating an independent justice system that does not allow interference. For this to happen, competent, skilled, ethical and experienced professionals, particularly judges, need to be recruited to fill positions in the justice system.
As to him, corruption and low capacity of judges are among the major features of the Ethiopia’s justice system. Hence, studying the background history of legal professionals before they are appointed to the post is very important as they are the ones who implement the law. Further, it is also necessary to reach consensus on the past and what went wrong in the system.
Sultan Kassim, Law Lecture at Haramaya University on his part says that clearly the justice sector, as part of the country’s democratic institutions, has not discharged its expected responsibilities. “In fact, it was acting as it is a supporter or part of the ruling party, merely implementing the orders given to it by the executive branch of government.”
Sultan says reform in the judicial sector has been undertaken since 2004 but without bringing about any significant change.
Sultan seconds Tewodros’s idea that the sector must be trustworthy, independent, neutral and free from any political interference. And it can only manage to do so when it tries to ensure supremacy of the law with high level of professionalism.
“A mere reform of justice institutions would not bring about the desired change. Reforming some legal frameworks is also necessary,” Sultan argues. “No matter how free, neutral and professional the sector might become, it still needs better legal frameworks to bring significant change. The process also needs to be participatory”
“We have built a brutal justice system. We have to be able to show that we execute what is in the constitution, other laws of the country and international treaties and conventions to regain trust.”
Beshada Gemechu, a lawyer by profession on his part says the justice system require an overall overhaul to correct existing injustice. “It needs amendments of laws and proclamations from federal to state levels.”
While undertaking the reform, the government has to take into consideration the economic and human resource capacity of the country.
On the other hand, there has not been a clear screening and recruitment procedure of judges. Again, judges have not been required to take some sort of exams to guarantee their professional qualification before taking this grand responsibility.
“There has to be clear and transparent recruitment process,” he says. “The concerned body has to first select and train competent students from various universities. Then, the students must be allowed to acquire the necessary experience before they are assigned to be a judge.”
Former experienced and competent judges who left the profession because of various reasons should also be invited to rejoin the justice system as the as they add a flavor of experience, Beshada also advices recognizing the fact that reforming the sector would require time and commitment of all stakeholders.
Herald December 13/2018
BY TSEGAYE TILAHUN
