Judicial Independence in Ethiopia and Its Challenge Vis-à-Vis the United Nations Basic Principle on Independence of Judiciary

Lemlem Dejenu Mulugeta

doi:doi:10.11648/j.jpsir.20230604.12

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Judicial Independence in Ethiopia and Its Challenge Vis-à-Vis the United Nations Basic Principle on Independence of Judiciary

Lemlem Dejenu Mulugeta

Published in Journal of Political Science and International Relations (Volume 6, Issue 4)

Received: 8 November 2023 Accepted: 12 December 2023 Published: 22 December 2023

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Abstract

Judicial independence is a vital cornerstone of any democratic society, as it guarantees the fair and unbiased administration of justice. However, the judiciary in Ethiopia has faced numerous obstacles that hinder its autonomy and effectiveness. This paper deals with the current state of judicial independence in Ethiopia, thoroughly analyzing the legal framework and institutional arrangements in place. It explores the extent to which the judiciary operates independently from external influences, such as the executive and legislative branches of government. This paper aims to shed light on the challenges faced by the country's judiciary and propose potential solutions. It also addresses practical challenges in addition to legal ones by employing a qualitative research method, including interviews, practical case reviews, and focus group discussions. Therefore, the concept of judicial independence is of utmost importance in ensuring a fair and impartial legal system. Ethiopia, as it strives to strengthen its democratic institutions and promote the rule of law, faces significant challenges in achieving judicial independence. This paper aims to thoroughly analyze the current state of judicial independence in Ethiopia, examining the legal framework and institutional arrangements in place. By evaluating Ethiopia's adherence to the UN Basic Principles on the Independence of the Judiciary, this paper seeks to propose potential solutions to the challenges faced by the country.

Published in	Journal of Political Science and International Relations (Volume 6, Issue 4)
DOI	10.11648/j.jpsir.20230604.12
Page(s)	111-119
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2023. Published by Science Publishing Group

Keywords

Basic Principle on Independence of Judiciary, Judicial Independence, Judge, Judiciary

References

[1]	UN“ Basic Principles on the Independence of the Judiciary”, adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from 26 August to 6 September 1985 and endorsed by the General Assembly in Resolution 40/32 of 29 November 1985 and Resolution 40/146 of 13 December 1985.
[2]	Bangalore Principles of Judicial Conduct, United Nation office of drug and crime, 2018 veina.
[3]	International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors – A Practitioners Guide (Second edition) ISBN: 978-92-9037-118-8 Geneva, 2007.
[4]	Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers, Professional Training, New York and Geneva. 1, 2007., guide No1, UN Human Rights Committee, General Comment No. 32, para 19.
[5]	Judicial Accountability - A Practitioners’ Guide, International Commission of Jurists, June 2016.
[6]	Chang W-C. Institutional Independence of the Judiciary: Taiwan’s Incomplete Reform. In: Lee HP, Pittard M, eds. Asia-Pacific Judiciaries: Independence, Impartiality and Integrity. Cambridge: Cambridge University Press; 2017: 330-353. doi: 10.1017/9781316480946.01.
[7]	Report of the Special Rapporteur on the Independence of Judges and Lawyers, 2008, para 35.
[8]	International Covenant On Civil And Political Rights adopted16 December 1966bygeneral Assembly Resolution 2200A (XXI).
[9]	Universal Declaration of Human Rights, adopted in 1948.
[10]	Brill, The Role of the Judiciary in the Protection of Human Rights Series: Centre of Islamic & Middle Eastern Law Series, Volume: 5, published on October, 2023.
[11]	Role Of Judiciary In The Protection Of Human Rights, Human Rights Laws https:// farheendhanjal.law.blog/Accessed on November 2023.
[12]	Tsegaye Ragasa Mizan Law Rev. making legal sense of human vol 327, 2009.
[13]	Kelly, W. F. B, An Independent Judiciary: the Core of the Rule of Law, International Centre for Criminal Reform and Criminal Justice Policy, 2002.
[14]	Constitution of The Federal Democratic Republic of Ethiopia Enacted in1995.
[15]	] Aron Degol, Institutional independence of Judiciary, Mizan law review 2020.
[16]	Interview made with Mr. Solomon Moges, Judge at Oromia Supreme Court on 11/10/2023.
[17]	Takele Soboka Bulto, Judicial referral of constitutional dispute in Ethiopia, 2009.
[18]	Interview made with Mr Dabale Assafa, Judge at Oromia region North Shewa High Court on 10/9/2023.
[19]	FederalJudicial Adminstration proclamation No. 1233/2021, Art 33 (2).
[20]	Interview made with Mr Tolosa Karu Wareda Court President at Oromia Region Jida wareda Court, on 2/9/2023.
[21]	Interview made with Ms Haregweyn Ayele, Judge at Federal High Court of Ethiopia, on 5/9/2023.
[22]	Interview made with Ms Metselal Hayile Cassation bench, Judge at Federal Supreme Court of Ethiopia, on 23/11/2023.
[23]	Interview made with Mr Obang Ujulu, Case flow management directorate at Federal Supreme Court of Ethiopia, on 11/10/2023.
[24]	News outcry over arrest of three Oromia supreme court judges. https:// addisstandard.com
[25]	Attack made on judge inNorth welloBugenawereda on 8 November, 2022.

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Dejenu Mulugeta, L. (2023). Judicial Independence in Ethiopia and Its Challenge Vis-à-Vis the United Nations Basic Principle on Independence of Judiciary. Journal of Political Science and International Relations, 6(4), 111-119. https://doi.org/10.11648/j.jpsir.20230604.12

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ACS Style

Dejenu Mulugeta, L. Judicial Independence in Ethiopia and Its Challenge Vis-à-Vis the United Nations Basic Principle on Independence of Judiciary. J. Polit. Sci. Int. Relat. 2023, 6(4), 111-119. doi: 10.11648/j.jpsir.20230604.12

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AMA Style

Dejenu Mulugeta L. Judicial Independence in Ethiopia and Its Challenge Vis-à-Vis the United Nations Basic Principle on Independence of Judiciary. J Polit Sci Int Relat. 2023;6(4):111-119. doi: 10.11648/j.jpsir.20230604.12

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@article{10.11648/j.jpsir.20230604.12,
  author = {Lemlem Dejenu Mulugeta},
  title = {Judicial Independence in Ethiopia and Its Challenge Vis-à-Vis the United Nations Basic Principle on Independence of Judiciary},
  journal = {Journal of Political Science and International Relations},
  volume = {6},
  number = {4},
  pages = {111-119},
  doi = {10.11648/j.jpsir.20230604.12},
  url = {https://doi.org/10.11648/j.jpsir.20230604.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.jpsir.20230604.12},
  abstract = {Judicial independence is a vital cornerstone of any democratic society, as it guarantees the fair and unbiased administration of justice. However, the judiciary in Ethiopia has faced numerous obstacles that hinder its autonomy and effectiveness. This paper deals with the current state of judicial independence in Ethiopia, thoroughly analyzing the legal framework and institutional arrangements in place. It explores the extent to which the judiciary operates independently from external influences, such as the executive and legislative branches of government. This paper aims to shed light on the challenges faced by the country's judiciary and propose potential solutions. It also addresses practical challenges in addition to legal ones by employing a qualitative research method, including interviews, practical case reviews, and focus group discussions. Therefore, the concept of judicial independence is of utmost importance in ensuring a fair and impartial legal system. Ethiopia, as it strives to strengthen its democratic institutions and promote the rule of law, faces significant challenges in achieving judicial independence. This paper aims to thoroughly analyze the current state of judicial independence in Ethiopia, examining the legal framework and institutional arrangements in place. By evaluating Ethiopia's adherence to the UN Basic Principles on the Independence of the Judiciary, this paper seeks to propose potential solutions to the challenges faced by the country.
},
 year = {2023}
}

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TY  - JOUR
T1  - Judicial Independence in Ethiopia and Its Challenge Vis-à-Vis the United Nations Basic Principle on Independence of Judiciary
AU  - Lemlem Dejenu Mulugeta
Y1  - 2023/12/22
PY  - 2023
N1  - https://doi.org/10.11648/j.jpsir.20230604.12
DO  - 10.11648/j.jpsir.20230604.12
T2  - Journal of Political Science and International Relations
JF  - Journal of Political Science and International Relations
JO  - Journal of Political Science and International Relations
SP  - 111
EP  - 119
PB  - Science Publishing Group
SN  - 2640-2785
UR  - https://doi.org/10.11648/j.jpsir.20230604.12
AB  - Judicial independence is a vital cornerstone of any democratic society, as it guarantees the fair and unbiased administration of justice. However, the judiciary in Ethiopia has faced numerous obstacles that hinder its autonomy and effectiveness. This paper deals with the current state of judicial independence in Ethiopia, thoroughly analyzing the legal framework and institutional arrangements in place. It explores the extent to which the judiciary operates independently from external influences, such as the executive and legislative branches of government. This paper aims to shed light on the challenges faced by the country's judiciary and propose potential solutions. It also addresses practical challenges in addition to legal ones by employing a qualitative research method, including interviews, practical case reviews, and focus group discussions. Therefore, the concept of judicial independence is of utmost importance in ensuring a fair and impartial legal system. Ethiopia, as it strives to strengthen its democratic institutions and promote the rule of law, faces significant challenges in achieving judicial independence. This paper aims to thoroughly analyze the current state of judicial independence in Ethiopia, examining the legal framework and institutional arrangements in place. By evaluating Ethiopia's adherence to the UN Basic Principles on the Independence of the Judiciary, this paper seeks to propose potential solutions to the challenges faced by the country.

VL  - 6
IS  - 4
ER  -

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Author Information

Lemlem Dejenu Mulugeta

Salale University School of Law, Salale University, Fiche, Ethiopia

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APA Style

Dejenu Mulugeta, L. (2023). Judicial Independence in Ethiopia and Its Challenge Vis-à-Vis the United Nations Basic Principle on Independence of Judiciary. Journal of Political Science and International Relations, 6(4), 111-119. https://doi.org/10.11648/j.jpsir.20230604.12

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ACS Style

Dejenu Mulugeta, L. Judicial Independence in Ethiopia and Its Challenge Vis-à-Vis the United Nations Basic Principle on Independence of Judiciary. J. Polit. Sci. Int. Relat. 2023, 6(4), 111-119. doi: 10.11648/j.jpsir.20230604.12

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AMA Style

Dejenu Mulugeta L. Judicial Independence in Ethiopia and Its Challenge Vis-à-Vis the United Nations Basic Principle on Independence of Judiciary. J Polit Sci Int Relat. 2023;6(4):111-119. doi: 10.11648/j.jpsir.20230604.12

Copy | Download

@article{10.11648/j.jpsir.20230604.12,
  author = {Lemlem Dejenu Mulugeta},
  title = {Judicial Independence in Ethiopia and Its Challenge Vis-à-Vis the United Nations Basic Principle on Independence of Judiciary},
  journal = {Journal of Political Science and International Relations},
  volume = {6},
  number = {4},
  pages = {111-119},
  doi = {10.11648/j.jpsir.20230604.12},
  url = {https://doi.org/10.11648/j.jpsir.20230604.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.jpsir.20230604.12},
  abstract = {Judicial independence is a vital cornerstone of any democratic society, as it guarantees the fair and unbiased administration of justice. However, the judiciary in Ethiopia has faced numerous obstacles that hinder its autonomy and effectiveness. This paper deals with the current state of judicial independence in Ethiopia, thoroughly analyzing the legal framework and institutional arrangements in place. It explores the extent to which the judiciary operates independently from external influences, such as the executive and legislative branches of government. This paper aims to shed light on the challenges faced by the country's judiciary and propose potential solutions. It also addresses practical challenges in addition to legal ones by employing a qualitative research method, including interviews, practical case reviews, and focus group discussions. Therefore, the concept of judicial independence is of utmost importance in ensuring a fair and impartial legal system. Ethiopia, as it strives to strengthen its democratic institutions and promote the rule of law, faces significant challenges in achieving judicial independence. This paper aims to thoroughly analyze the current state of judicial independence in Ethiopia, examining the legal framework and institutional arrangements in place. By evaluating Ethiopia's adherence to the UN Basic Principles on the Independence of the Judiciary, this paper seeks to propose potential solutions to the challenges faced by the country.
},
 year = {2023}
}

Copy | Download

TY  - JOUR
T1  - Judicial Independence in Ethiopia and Its Challenge Vis-à-Vis the United Nations Basic Principle on Independence of Judiciary
AU  - Lemlem Dejenu Mulugeta
Y1  - 2023/12/22
PY  - 2023
N1  - https://doi.org/10.11648/j.jpsir.20230604.12
DO  - 10.11648/j.jpsir.20230604.12
T2  - Journal of Political Science and International Relations
JF  - Journal of Political Science and International Relations
JO  - Journal of Political Science and International Relations
SP  - 111
EP  - 119
PB  - Science Publishing Group
SN  - 2640-2785
UR  - https://doi.org/10.11648/j.jpsir.20230604.12
AB  - Judicial independence is a vital cornerstone of any democratic society, as it guarantees the fair and unbiased administration of justice. However, the judiciary in Ethiopia has faced numerous obstacles that hinder its autonomy and effectiveness. This paper deals with the current state of judicial independence in Ethiopia, thoroughly analyzing the legal framework and institutional arrangements in place. It explores the extent to which the judiciary operates independently from external influences, such as the executive and legislative branches of government. This paper aims to shed light on the challenges faced by the country's judiciary and propose potential solutions. It also addresses practical challenges in addition to legal ones by employing a qualitative research method, including interviews, practical case reviews, and focus group discussions. Therefore, the concept of judicial independence is of utmost importance in ensuring a fair and impartial legal system. Ethiopia, as it strives to strengthen its democratic institutions and promote the rule of law, faces significant challenges in achieving judicial independence. This paper aims to thoroughly analyze the current state of judicial independence in Ethiopia, examining the legal framework and institutional arrangements in place. By evaluating Ethiopia's adherence to the UN Basic Principles on the Independence of the Judiciary, this paper seeks to propose potential solutions to the challenges faced by the country.

VL  - 6
IS  - 4
ER  -

Copy | Download