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202 Diagnosing Corruption in Ethiopia
Ethiopia, included the creation of regional courts, the separation of the
special courts from the regular judiciary, and the notably greater degree
of government interference even in the latter’s decisions.
After its victory over the Derg, the Ethiopian People’s Revolutionary
Democratic Front (EPRDF) effectively annulled the court system and all
other agencies dealing with criminal justice for roughly 18 months. In
August 1993, the Transitional Government, through Proclamation 40,
created the three-instance Central Courts.
Not until 1995 did the current system of regional and federal courts,
prosecution, and police emerge; and for all the usual reasons (dearth of
financing and recruits), setting it up has taken time. The obstacles were
compounded by the prior exodus of many professionals, not only from
the institutions but also from the country, and the inevitable dismissal of
many Derg appointees. For the courts, this may not have been a great loss:
a ca. 1990 study indicated that only 7 percent of the bench had law
degrees while only another 8 percent had two-year diplomas (author’s
interviews in Federal Supreme Court).
Contemporary Situation and Sector Reform
The current system comprises the federal courts, nine regional court systems,
and two independent municipal systems—one for Addis Ababa and
one for Dire Dawa. (Within regions, some municipalities also enjoy a
quasi-independent status and are able to set up local police forces and
special tribunals, often for land cases).
The federal and regional courts have three levels: Supreme, High
(zonal in the regions), and First Instance (woredas in the regions),
with High Court judges often “riding” circuit. The division of labor
among them is determined by seriousness of offense or size of claim,
but it is generally agreed that the ceiling for woreda courts should be
raised because, despite being more numerous, they currently receive
far fewer cases. The division of responsibilities between the federal
and regional benches appears to pose few conflicts, especially because
the federal system has only High and First Instance Courts in Addis
Ababa and Dire Dawa—meaning that many federal cases are
delegated to the regions. Much the same is true of police and
prosecution.
Reform programs. Although, like the rest of the region, Ethiopia faces
enormous challenges in improving sector performance and thus the rule
of law, it has made some notable advances meriting recognition.