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Diagnosing Corruption in Ethiopia - Ethiomedia

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Justice Sector <strong>Corruption</strong> <strong>in</strong> <strong>Ethiopia</strong> 207<br />

tra<strong>in</strong><strong>in</strong>g and on-the-job experience can fill <strong>in</strong> the gaps, participants may<br />

be better prepared than law school graduates (who, as is nearly universally<br />

true, are tra<strong>in</strong>ed to practice law as private attorneys, not as judges or<br />

prosecutors).<br />

The appo<strong>in</strong>tment systems for all these officials have also been further<br />

developed, with some agencies <strong>in</strong>stitut<strong>in</strong>g written exam<strong>in</strong>ations to screen<br />

candidates. However, as further discussed below, there are many compla<strong>in</strong>ts<br />

that the recruitment, promotions, and discipl<strong>in</strong>e processes lack<br />

transparency, especially for the judiciary. Some regional courts have<br />

begun to recruit more openly, but the federal system rema<strong>in</strong>s pretty<br />

much a black box <strong>in</strong> this regard. Federal and regional judges are evaluated<br />

on productivity, but other elements that may affect promotions, transfers,<br />

and discipl<strong>in</strong>e rema<strong>in</strong> known only to the judicial adm<strong>in</strong>istrative councils<br />

that manage them.<br />

Shortage of “entrusted” attorneys. F<strong>in</strong>ally, regard<strong>in</strong>g “entrusted” officials,<br />

the panorama is not complex, and the pr<strong>in</strong>cipal actors (and the only<br />

ones covered here) are private attorneys. As noted, a first problem is<br />

their scarcity, a situation only gradually be<strong>in</strong>g resolved with the creation<br />

of more law schools and even then subject to the added concern<br />

of reduced educational standards. 13 Attorneys must be licensed to practice<br />

by the M<strong>in</strong>istry (or the regional Bureaus) of Justice. At the federal<br />

level, an exam<strong>in</strong>ation or five years of practice are required, but once a<br />

lawyer is accepted, the subsequent requirements are only payment of<br />

fees.<br />

The m<strong>in</strong>istry also receives compla<strong>in</strong>ts about malpractice, but it<br />

appears, at least at the federal level, that the major cause of suspension<br />

is a failure to reregister. Of the 81 lawyers subject to <strong>in</strong>vestigation <strong>in</strong><br />

2007/08, nearly all were suspected of work<strong>in</strong>g without a license or not<br />

keep<strong>in</strong>g up with their fees. Only a handful were under <strong>in</strong>vestigation for<br />

other reasons, and <strong>in</strong> any event only 15 cases were fully processed, with<br />

the rema<strong>in</strong>der be<strong>in</strong>g carried over to this year, accord<strong>in</strong>g to m<strong>in</strong>istry<br />

documents.<br />

With the courts tak<strong>in</strong>g the lead, it is evident that the government as a<br />

whole, as well as the <strong>in</strong>dividual agencies, has made efforts to improve its<br />

performance, especially to upgrade the quality and quantity of staff and<br />

to improve efficiency. The period s<strong>in</strong>ce 1991 has seen its ups and downs,<br />

but generally the trends have been positive. However, with most emphasis<br />

on productivity and efficiency, issues like corruption have arguably<br />

received <strong>in</strong>sufficient attention.

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