If a society is metaphorically depicted as a huge machine with many parts coalescing with each other, law and order can be portrayed as the oil that enables the machine to work smoothly and tick by averting friction. In short, law is a crucial ingredient that makes any given society function, and bring about peace, stability and socio-economic development.
That being said, every country aspires to establish a well-functioning and effective, and most of all, an independent judicial system. Ethiopia has long aspired to setup an independent and effective justice system; with Prime Minister Dr. Abiy Ahmed stating at various times that it is one of his main priorities since coming to office.
And last week, the PM held a discussion with professionals engaged in the justice sector – prosecutors, lawyers and other officials – where he underlined the non intervention policy of his administration and the executive body in the work of the judiciary.
This, unquestionably, is an encouraging move to facilitate an independent court system, enable judiciaries pass their own decisions autonomously, objectively and fairly based on their judiciary’s legitimacy and professional merits, as well as promote the rule of law. And given the hugely crucial role independent judiciary plays in nurturing and consolidating democracy, and its effect in the functionality of peace and stability, it is paramount for Ethiopia to go down this path.
The fact that the government again reiterated its commitment to establishing an independent judiciary in the country is heartening to hear. But it takes two to tango. The public has as much responsibility for this aspiration to come into a reality. It needs the public’s active support and participation, as maintaining rule of law starts from every individual,
including public officials. The last part should be emphasized more because when the system is manipulated and used as an instrument for social control so as to attain political interests, the rule of law would be violated.
It is an open secret that in the preceding few years, contrary to the country’s constitution, the government had manipulated the justice system to promote its own political agendas. Mainly, by appointing its own cliques within the system (judicial officers), it has abused the system. The country had also been mentioned as one of the worst countries in its justice sector for it undermined its citizen human rights, and people lack trust in the courts.
To address this, the sector has gone through changes as part of sweeping reform the incumbent initiated throughout the country since coming to power. As a result, over the past few months, Ethiopia has recorded some impressive achievements in the sector. In addition to freeing thousands of political prisoners and arresting officials, security force personnel and others responsible for past crimes, measures are made to reform repressive laws. Despite the successes, challenges still lie ahead, and more works remain to be done.
To build further on the success, there is a need to anchor the legal reforms undertaken over the past year on institutions. To this end, the institutional capacity of the judicial system should be strengthened. Likewise, the overall professional capacities of judges, prosecutors and non-judicial staff should also be enhanced.
But most importantly, as mentioned above, the public along with the government must work as hand and glove in order to build an independent, effective and professional judicial system in Ethiopia.
The Ethiopian Herald, June 12/2019
BY TAMERU REGASA
