The Judiciary - Structure and Independence

A notable feature of the Constitution of the Federal Democratic Republic of Ethiopia is that it accords a dignified and crucial position to the Judiciary. Ethiopia's judicial machinery is well ordered and well regulated, with the Supreme Court at the apex. The Ethiopian Government is federal in nature. Ethiopia has a dual system of courts - a Federal Judiciary with the Supreme Court at the top along with a separate and parallel judicial system in each Regional State. The Federal Supreme Court, the Federal High Court and the Federal First Instance Court constitute a single Federal Judiciary, having jurisdiction over all cases pertaining to federal matters. Likewise, there is a similar court structure in each Regional State that has jurisdiction over all regional matters. The Judiciary in Ethiopia has been assigned a significant role. It has to dispense justice not only between individuals, but also between the state and the citizens. It interprets and applies all the laws of the land. To enable the courts to discharge their functions impartially, without fear or favor, the constitution of the Federal Democratic Republic of Ethiopia contains provisions which guarantee and safeguard independence. Thus, independence of the Judiciary is enshrined in the Constitution for the first time, which is rightly considered a historic landmark. The judges of the Federal Courts are appointed by the House of Peoples' Representatives and the Regional State judges are appointed by the Regional State Council, after consultation with those most competent to advise on the subject - the Federal Judicial Administration Commission and the State Judicial Administration Commission.

Once appointed, the judges hold office until they reach pension age, which is sixty (60) years according to the law, and thus their tenure is independent of the will of the executive. A special procedure has been laid down for removal of judges on the grounds of incompetence, inefficiency or misbehavior. The legal provisions concerning the Judiciary go a long way in establishing within Ethiopia a government according to law. In the past several years, the courts have been allowed to work in an atmosphere of independence of action and judgment and are insulated from all kinds of pressure, political or otherwise. Judges are supposed to exercise their function in full independence and shall be directed solely by the law. The Federal Supreme Court draws up and submits the Federal Court budget to the House of Peoples' Representatives for approval and, upon approval, administers the budget. The transfer, salary, allowance and other benefits of federal judges are decided by the Federal Judicial Administration Commission. Employment and appointment of the Federal Court Personnel are to be made by the President of the Supreme Court in Consultation with the Presidents of the High Court and the Federal Supreme Courts.

Hence, the Judiciary in Ethiopia constitutes a constitutional organ which acts as a countervailing power to the Executive and the Legislature. The court is playing an important role in keeping a responsible system of government in proper working order and protecting the rights of the people.

In this regard, the Judiciary has the power and duty to ensure effective and speedy enforcement of the rights of individuals. To ensure the fundamental rights effectively and speedily the courts in Ethiopia have yet to develop full capacity. Towards this end, special efforts are underway to build the capacity of the courts. One such effort is focusing on increasing the supply of qualified lawyers, with impeccable integrity and honesty for appointment as judges. Given the independence of the Judiciary, which is enshrined in the Constitution, the unreserved efforts to fully build the capacity of the Judiciary and the commitment, sincerity and good intention of those on the bench, individuals surely have remedies in the case of infringement of their rights.

In addition to the formal training, workshops and seminars have been conducted for judges whereby research papers on various legal provisions and new legal developments were presented for deliberation and for upgrading the skills of judges. Most short-term and in-service training has been conducted by the Ministry of Justice and the Courts in collaboration with the Regional States.