What do you think about the Independence of the Judiciary in Ethiopia?

 
       As it is well-known the principles of separation of powers and independence of the judiciary are key to ensure a real democracy and rule of law. To that end,there must be clear legal instruments and institutions that ensure the independence of the judiciary. The 1995 Constitution unequivocally declares the independence of the Ethiopian judicial branch(See article 78 of the FDRE constitution). .In and of itself ,however,the declaration of independence does not equate to the creation of independence if institutions and systems are unable or unwilling to shoulder the burdens and share the power in a practical and well-established procedure. 

     The Judiciary at the Federal and Regional levels are administered by their own Judicial administration Councils.Thus, this is what we call self-regulation which by itself is a good tool for securing the independence of the judiciary.In this regard the selection,recruitment,promotion,demotion,etc...of judges in Ethiopia are handled by this council.

      While we discuss this issue there are other very important points that must be put in perspective such as the salary and benefits package of judges,the amount and the administration of court budgets, etc...which have either a direct or indirect impact on resolving the issue.

                You can share us facts and your own opinions on the issue at hand.

Restorative Justice For All!

           
       In response to the ever-increasing  problems such as inefficient court processes and prison crowding, countries throughout Africa are looking to revive traditional justice processes and implement restorative practices as an alternative to incarceration.Basically,customary dispute settlement mechanisms and laws play the key role in many African countries including Ethiopia.These must be systematized and used side by side with the regular state laws and institutions.There is multiplicity of laws in Ethiopia,which includes cultural laws(such as The 'Geda' System of the Oromos and the 'Kicha' and 'Yegordena Sera' of the Gurages to mention but a few) and religious laws(such as Sharia Law and the laws of the Ethiopian Orthodox Tewahdo Church), which needs to be wisely used for both civil and criminal cases to bring restorative justice in the country.What do you think on the issue? Feel free to share us your opinions.

A Point about ''Freedom of Expression''

Freedom of expression is the key for building a real democracy in any country.It is also a human right.However,there should be a limit to it as there is a limit on any right.For example,defamatory,libel,riot-provoking expressions need not be permitted by the guise of freedom of expression. In Ethiopia,there are nations and nationalities with their own identities. If one person tries to say something like "This type of nation or nationality is non-existent '' or if the person speaks something similar to this that degrades the identity of a certain nation or nationality,etc,is this something that falls within the legitimate right to freedom of expression? The right to freedom of expression should never ever be a tool for the abuse of others' rights. If abused,the legitimate right starts to constitute a crime. Nowadays,there are many posts on social media that degrade a certain ethnic,religious or political ideology groups. Constructive analysis and criticism is an  encouragable culture but blatant insult is not. What do you think about this issue?

My view about what free and balanced press media means.

 Free media is a forum where people can express their opinions unabridged and whereby the journalist is only a professional mediator to give them the forum the people need. Balanced media is the media which is unbiased;which exercises independent investigative journalism;which is always trying to collect information and present it from diverse sources and perspectives.

 In my opinion,I still stick to the idea that a journalist must necessarily present ideas in a balanced way. Otherwise, we are gonna hear watch and read only one side of the coin. For example almost all the so-called free media in Ethiopia are obsessed with contents that are anti-government( opposition). But need they be so?  Concerning whether a journalist doesn't need the forum for himself/herself,he/she can actually use the forum but only in unbiased way.Otherwise,if they present their mere opinions as facts,they have a great potential of misleading people in the wrong way.Thus,if a journalist wants to use the media as any person, he/she needs to separate opinions from facts; substantiate or support facts or statements with the necessary evidence and make the forum open for further comment by others.


In light of this,"How free and balanced are the so-called FREE PRESS in Ethiopia?"

The constitutional basis of delegated legislation in Ethiopia

Article 77(13) of the Ethiopian Federal constitution provides as the power and function of the Council of Minsters "It shall enact regulations pursuant to powers vested in it by the House of People's Representatives."This provision is the constitutional basis for delegated legislation in Ethiopia.It has legalized delegated legislation on the condition of a case by case delegation is expressly given by the House.The House enables the delegation by specifically mentioning in a part of the proclamations it makes that the Council of Ministers shall make regulations.Thus,the purpose of the delegation is to enable the House to make the skeleton and the Council of Ministers fills it with the flesh.

Uniformity of criminal penalities in Ethiopia

In Ethiopia,there is poor uniformity and predictability of criminal penalties.One of the causes for this problem is the fact that the criminal code gives the judges a wide discretion in determining the criminal penalty or imprisonment. Due to this two persons may receive different sentences for the materially the same criminal act. In order to mitigate this problem,the Federal Supreme Court has made Sentencing Guidelines. I think these guidelines has improved and also will improve the uniformity of criminal penalties in Ethiopia.