Abstract: | Judicial reform constitutes a sub-program within the Justice System Reform
Program (JSRP) which is underway in Ethiopia since 2002. Its targets have
been consistently articulated in the 2005 Comprehensive Justice System
Reform Program, the First Growth and Transformation Plan and various
strategic plans. However, the outcome and impact as, inter alia, manifested in
public trust and confidence seem to be declining. The core problems in the
Ethiopian justice system (including the judiciary) that were identified in the
2005 Comprehensive Justice System Reform Program were (a) gaps in
accessibility and responsiveness to the needs of the poor, (b) inadequacy of
“serious steps to tackle corruption, abuse of power and political interference in
the administration of justice,” and (c) inadequate funding which “aggravates
most deficiencies of the administration of justice”. As these problems still
persist, I argue that future judicial reform pursuits require a new path which
facilitates court-level and institution-level reform through grassroots
empowerment including enhanced independence and resource allocation.
Subject to justice sector reform harmonization, there should be an independent
judicial reform which is not conflated with other components of justice sector
reform. It is also argued that justice sector reform should not be subsumed
under the Good Governance Reform Cluster which should rather be limited to
macro-level harmonization of reform pursuits. In the absence of such measures,
the various targets, aspirations and pledges for judicial reform may eventually
end up in promise fatigue and regression. |