Introduction to the Ethiopian Legal System and Legal Research

Alemayehu B. Bekele received his law degree from Addis Ababa University College of Law and Governance (LL.B., 2013) in Ethiopia. He is corporate lawyer and licensed to practice law in Ethiopian Federal Courts.

1. Introduction

1.1. Country Profile

Ethiopia is located in East Africa in the subregion known as the Horn of Africa. It covers an area of about 1.2 million square kilometers. It is a landlocked country bordered by Sudan and South Sudan on the west, Kenya on the south, Somalia and Djibouti on the east, and Eritrea on the north. It is the second most-populous country in Africa with a population of more than 117 million.[1] Ethiopia is a multiethnic country made up of more than 80 distinct ethnic groups. The five largest ethnic groups – the Oromo, Amhara, Somali, Tigre, and Sidama – together make up more than 75% of the total population.

Ethiopia is a developing country with a GDP per capita of about 925.1 USD (2021). The economy is one of the fastest growing in the world with an annual GDP growth rate of 5.3%.[2] Agriculture is the backbone of the national economy. Life expectancy at birth is 64.1 years for males and 67.9 years for females.[3] Ethiopia’s capital city, Addis Ababa, is the seat of numerous international and regional organizations including the African Union and the United Nations Economic Commission for Africa.

1.2. Overview of Modern Political History

Ethiopia is one of the ancient countries in the world. Present-day Ethiopia was created by highland rulers through twin processes of political and economic conquest in the late nineteenth and early twentieth centuries. Emperor Menelik II (r. 1889-1913) embarked on a campaign of expanding his rule from the central highland regions to the south, west and east of the country and established the current map of Ethiopia.[4] Emperor Menelik II also led the Ethiopian forces that defeated the Italian colonial army at the battle of Adwa in March 1896, in Tigray, North Ethiopia, successfully preventing the country from falling under colonial rule. After the demise of the power of Emperor Menlik II and his eventual death, Ras Tafari Mekonnen won the power struggle and was crowned Emperor Haile Selassie in November 1930. Although Emperor Haile Selassie is credited for the modernization of the bureaucracy and for establishing a relatively longer period of political stability, his reign was controversial, inter alia, because of his exile during the second Italian invasion of Ethiopia in 1936-1941 and the oppressive control of the political and economic life of the citizenry.[5]

In 1961 the royal bodyguard attempted a coup d’état which was taken as a sign of the popular dissatisfaction with the pace of development and liberalization at the time. The lack of proper and adequate reform led to a growing movement against Haile Selassie’s regime mostly led by the radical and left-wing intelligentsia. The popular movement caused the breakdown of Haile Selassie’s regime in 1974. The lack of organized political groups to lead the country enabled a group of low-ranking military officers called the Derg to assume power in September 1974.[6] The Derg era was characterized by massive human rights violations and internal conflicts. In 1991 the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF) launched a successful military assault through central and western provinces, while in the east, Eritrean forces closed in on the cities of Assab and Asmara.[7] In May 1991, the Head of State, Colonel Mengistu Hailemariam, fled to Zimbabwe. EPRDF forces took control of Addis Ababa at the end of May 1991. In July 1991 a national conference established the Transitional Government of Ethiopia. The conference also endorsed a Transitional Charter that worked as an interim constitution. In December 1994 the newly elected federal parliament ratified the Constitution of the Federal Democratic Republic of Ethiopia (hereinafter FDRE Constitution).

2. Overview of the Ethiopian Legal System

2.1. Constitutional Framework

The FDRE Constitution establishes a federal form of government in which sovereign power belongs to the “Nations, Nationalities, and Peoples of Ethiopia.”[8] The Constitution is declared supreme and any law that is contrary to it is invalid.[9] The Constitution espouses separation of state and religion as well as transparency and accountability as its basic principles.

Fundamental rights are recognized under Chapter Three of the Constitution and are to be interpreted considering the international human rights obligations adopted by Ethiopia.[10] The FDRE Constitution makes a distinction between “human rights” (e.g., right to life, security, liberty…) and “democratic rights” (e.g. freedom of expression, right of assembly, right to property…).[11]

Governmental power is first constitutionally divided horizontally between the federal government and 12 autonomous regional states. Accordingly, the Federal Democratic Republic of Ethiopia consists of the Federal Government and 12 member states (also referred to as regions or regional states) and two federal cities, Addis Ababa and Dire Dawa. The 9 regional states are:[12]

• The State of Tigray
• The State of Afar
• The State of Amhara
• The State of Oromia
• The State of Somalia
• The State of Benshangul/Gumuz
• The State of the Gambela Peoples
• The State of the Harari People
• The State of Sidama
• The State of South West Ethiopia Peoples
• The State of South Ethiopia
• The State of Central Ethiopia

It is worth noting that the Constitution initially established only nine autonomous regional states. However, different nations, nationalities, and people at different times invoked their right to self-determination and went ahead to establish their respective states. Therefore, currently there are 12 regional states in Ethiopia.

The Constitution, as amended tacitly, lists the powers and functions of both the federal and state governments.[13] It provides that the 12 regional states shall have legislative, executive and judicial powers over matters falling under state jurisdiction.[14] Within their legislative mandate, the member states of the federation have the power to enact and execute state constitutions.[15] All member states of the federation have enacted their respective constitutions which provide the details of the legislative, executive and judicial branch of state administration. The working language of the federal government is Amharic and each of the states has determined their own working languages.

2.2. Law-Making Institutions

2.2.1. Federal Legislature

The FDRE Constitution establishes a two-house parliament for the federal government: The House of Peoples’ Representatives and the House of Federation.[16] Although the FDRE Constitution establishes a two-house parliament, the Ethiopian Parliament is not bicameral in the strict sense of the term. The highest legislative authority is vested in the House of Peoples’ Representatives (HPR), which is comparable to the first or lower chamber of a legislature, normally serving the interests of the people in the federation as a whole. The members of the HPR are elected by a plurality of the votes cast in general elections every five years.[17] The HPR will have a maximum of 550 members, and at least 20 seats are reserved for minority nationalities and peoples to ensure their representation. However, the FDRE Constitution does not define these groups, save that it declares that particulars shall be determined by law.[18]

The Ethiopian system is essentially parliamentarian, where the political party or parties with the greatest number of seats in the HPR shall form and lead the executive and approve the appointment of members for the executive Council of Ministers and the Prime Minister.[19] The HPR shall also nominate the candidate for the president, who will be accepted by a two-thirds majority of both chambers of the legislature.[20]

Members of the HPR are popularly elected for a five-year term in a “first-past-the-post” electoral system.[21] The most important function of the HPR is to enact laws on matters assigned to federal jurisdiction and ratify national policy standards.[22] The HPR also exercises other important functions including the appointment of federal judges, the ratification of international agreements and the investigation of the conduct of members of the executive.

The House of the Federation (HOF) is the second or upper chamber in the federal government of Ethiopia. In conventional federal systems, the second chamber serves as the representative institution for the regional units. In the Ethiopian system, the HOF has essentially the same function, but in the FDRE Constitution, this is formulated in a slightly different way: it is not composed of representatives from the federal units, but “of representatives of Nations, Nationalities and Peoples.”[23] Each officially recognized ethno-national group should have in principle one representative in the HOF. Additionally, the population number of each nation or nationality is taken into consideration by giving one more representative for each additional million of its population.[24] Members of the HOF are elected by the State Councils in each regional state.[25]

The most important function of the HOF is interpreting the FDRE Constitution.[26] It is constitutionally mandated to establish the Council of Constitutional Inquiry to assist it in this task.[27] The HOF is also empowered to decide upon issues related to the rights of states to self-determination including secession, find solutions to disputes between states, determine the division of joint federal and state revenues and the federal subsidies to the states, order federal intervention in the states when the constitutional order is threatened, and determine which civil matters require federal legislation.[28]

2.2.2. State Legislature

The FDRE Constitution empowers member states of the federation to establish a legislative organ called the State Council.[29] The State Council is composed of representatives accountable to the people of the State. The State Council represents the highest level of state authority and has the power of legislation on all matters falling under state jurisdiction.[30] The State Council is also given the power to draft, adopt and amend the state constitution.[31] State constitutions provide the number of the members of the State Councils in each state and the modalities of their election. Most states have only a single parliamentary council that both enacts laws and decides State constitutional issues. In at least two states, however, second legislative houses have been established to decide State constitutional issues, similar to the role of the Federal House of Federation.[32] Where they exist at the state level, these separate constitutional decision-making parliamentary bodies are known as the House of Nationalities.

2.3. Executive Institutions

2.3.1. Federal Executive

2.3.1.1. Prime Minister

The highest executive powers of the federal government are vested in the Prime Minister and Council of Ministers, who are accountable to the HPR.[33] The Prime Minister is elected from among members of the HPR and is not subject to a term limit. The Prime Minister has extensive powers, akin to those of presidents in presidential systems and has the following powers and functions:[34]

• The Prime Minister is the Chief Executive, the Chairman of the Council of Ministers, and the Commander-in-Chief of the national armed forces.
• The Prime Minister shall submit for approval to the House of Peoples’ Representatives nominees for ministerial posts from among members of the two Houses or from among persons who are not members of either House and possess the required qualifications.
• He shall follow up and ensure the implementation of laws, policies, directives, and other decisions adopted by the House of Peoples’ Representatives.
• He leads the Council of Ministers, coordinates its activities and acts as its representative.
• He exercises overall supervision over the implementation of policies, regulations, directives, and decisions adopted by the Council of Ministers.
• He exercises overall supervision over the implementation of the country’s foreign policy.
• He selects and submits for approval to the House of Peoples’ Representatives nominations for posts of Commissioners, the President, and Vice-President of the Federal Supreme Court and the Auditor General.
• He supervises the conduct and efficiency of the federal administration and takes such corrective measures as are necessary.
• He appoints high civilian officials of the federal government other than those referred to in sub-Articles 2 and 3 of this Article.
• In accordance with law enacted or decision adopted by the House of Peoples’ Representatives, he recommends to the presidential nominees for the award of medals, prizes and gifts.
• He shall submit to the House of Peoples’ Representatives periodic reports on work accomplished by the Executive as well as on its plans and proposals.
• He shall discharge all responsibilities entrusted to him by this Constitution and other laws.
• He shall obey and enforce the Constitution.

2.3.1.2. Council of Ministers

The Council of Ministers along with the Prime Minister is vested with the highest executive authority. The Council of Ministers is comprised of the Prime Minister, the Deputy Prime Minister, Ministers, and other members as may be determined by law. The Council of Ministers has the following powers and functions:[35]

• The Council of Ministers ensures the implementation of laws and decisions adopted by the House of Peoples’ Representatives.
• It shall decide on the organizational structure of ministries and other organs of government responsible to it; it shall coordinate their activities and provide leadership.
• It shall draw up the annual Federal budget and, when approved by the House of Peoples’ Representatives, it shall implement it.
• It shall ensure the proper execution of financial and monetary policies of the country; it shall administer the National Bank, decide on the printing of money and minting of coins, borrow money from domestic and external sources, and regulate foreign exchange matters.
• It shall protect patents and copyrights.
• It shall formulate and implement economic, social and development policies and strategies.
• It shall provide uniform standards of measurement and calendar.
• It shall formulate the country’s foreign policy and exercise overall supervision over its implementation.
• It shall ensure the observance of law and order.
• It has the power to declare a state of emergency; in doing so, it shall submit, within the time limit prescribed by the Constitution, the proclamation declaring a state of emergency for approval by the House of Peoples’ Representatives.
• It shall submit draft laws to the House of Peoples’ Representatives on any matter falling within its competence, including draft laws on a declaration of war.
• It shall carry out other responsibilities that may be entrusted to it by the House of Peoples’ Representatives and the Prime Minister.
• It shall enact regulations pursuant to powers vested in it by the House of Peoples’ Representatives.

The Council of Ministers currently consists of 22 Ministries:

• Ministry of Agriculture
• Ministry of Industry
• Ministry of Trade and Regional Integration
• Ministry of Mines
• Ministry of Tourism
• Ministry of Labour and Skills
• Ministry of Finance
• Ministry of Revenue
• Ministry of Planning and Development
• Ministry of Innovation and Technology
• Ministry of Transport and Logistics
• Ministry of Urban and Infrastructure
• Ministry of Water and Energy
• Ministry of Irrigation and Lowland
• Ministry of Education
• Ministry of Health
• Ministry of Women and Social Affairs
• Ministry of Culture and Sport
• Ministry of Defense
• Ministry of Foreign Affairs
• Ministry of Justice
• Ministry of Peace

Each of these ministry offices have the power to enact regulations in accordance with powers granted by the HPR in proclamations. Various authorities, commissions, services, administration or development, institute and offices under these ministries further enact Directives and Orders detailing out the regulations of their respective ministries. However, the National Bank of Ethiopia (NBE) as well as National Election Board of Ethiopia (NEBE) can issue their own directives. NBE is an autonomous institution that is directly accountable to the Prime Minister while NEBE is accountable to HPR. In addition to its role in regulating and managing the national monetary policy and currency, NBE issues several important Directives and Circulars in the areas of banking, insurance, microfinance businesses, capital goods finance business, government securities as well as payment systems.[36]

2.3.1.3. President

The President is the head of state and has very limited powers. Similar to other constitutional presidents and monarchs, he formally signs all new laws coming from the HPR.[37] Other powers include appointing ambassadors and other envoys and granting pardon.[38]

2.3.2. State Executive

The state administration constitutes the highest organ of executive power.[39] The state administration has a Chief Administrator, or Regional Administrator as its chief executive officer. The Chief Administrator is elected among members of the State Council by a political party or coalition of political parties that constitutes a majority in the State Council. The Chief Administrator establishes the state executive council and nominates its members. The members of the state executive council (the Chief Administrator, Deputy Administrator, and the heads of the various regional bureaus) need to be confirmed by the State Council. State executive councils have the power to implement laws and policies enacted by the State Council and the federal legislature. The state executive structure is replicated in lower state administration levels such as Zones and Weredas (districts).

2.4. Judicial Institutions

2.4.1. Federal Courts

2.4.1.1. Structure and Jurisdiction

Federal Courts Proclamation No. 1234/2021, Article 29 (1). Ethiopia has a dual judicial system with two parallel court structures:[40] the federal courts and the state courts with their own independent structures and administrations. Judicial powers, both at federal and state levels, are vested in the courts. The FDRE Constitution states that supreme federal judicial authority is vested in the Federal Supreme Court and empowers the HPR to decide by a two-third-majority vote to establish subordinate federal courts, as it deems necessary, nationwide or in some parts of the country.[41] There is a Federal Supreme Court that sits in Addis Ababa with national jurisdiction, whereas, Federal High Courts have been established in five States.[42] Furthermore, the seats of Federal High Court and First Instance Court are in Addis Ababa, Dire Dawa and in the places as stipulated in Federal High Court Establishment Proclamation No. 322/2003 and in such other places as may be determined in accordance with Article 78 (2) of the Constitution.[43] The Federal High Court and First Instance Court have divisions as required for their functions.[44]

The Federal Supreme Court has three divisions – first instance, appellate and cassation divisions.[45] The Federal Supreme Court’s Appellate Division, with not less than five judges, has the power to review and overturn decisions issued by lower federal courts, the Supreme Court itself in its regular division, and State Supreme Courts containing basic or fundamental error of law.[46] Furthermore, with not less than 7 judges, it can overturn previous decision given by the same Division.[47] Besides, judicial decisions of the Cassation Division of the Federal Supreme Court on the interpretation of laws are binding on federal as well as state courts.[48]

Federal First Instance and High courts have civil, criminal and labour divisions. The divisions of both Federal High Court and Federal first Instance Court are presided over by one judge.[49] However, criminal charges with more than fifteen years rigorous imprisonment and certain cases as stipulated by a directive issued by the Federal Supreme Court shall be heard by a panel of three judges.[50]

The Federal Courts Proclamation No. 1234/2019 (“Federal Courts Proclamation”) allocates subject-matter jurisdiction to federal courts on the basis of three principles: laws, parties and places. It stipulates that federal courts shall have jurisdiction over, first, “cases arising under the Constitution, federal laws and international treaties accepted and ratified by Ethiopia,’ second, over parties specified in federal laws.”[51] Article 3 (1) (C) of the Federal Courts Proclamation states that federal courts shall have judicial power in places specified in the FDRE Constitution or in federal laws. Article 5 of the same proclamation stipulates that federal courts shall have civil jurisdiction over the following cases:

• Regarding private international law;
• Application regarding the enforcement of foreign judgment or decision;
• Involving matters of nationality;
• Issues in relation to bankruptcy;
• Without prejudice to international diplomatic laws and customs as well as other international agreements to which Ethiopia is a party, cases of which foreign ambassadors, consuls, representatives of international organizations, foreign states are held liable or foreign nationals who enjoys privileges and immunities and who resides in Ethiopia are parties;
• cases to which a federal government organ is a party;
• Cases involving the property of the federal government;
• Cases arising between persons permanently residing in different regions, regions and Addis Ababa, regions and Dire Dawa, Addis Ababa or Dire Dawa;
• Cases involving the liability of officials or employees of the federal government in connection with their official responsibilities or duties;
• Cases in which foreigner is a plaintiff or a defendant;
• Cases involving business organizations and associations registered with, or established by, federal government organs;
• Cases involving negotiable instruments;
• Cases arising out of patent, literary and artistic-ownership rights;
• Cases involving insurance policy;
• Application for habeas corpus; and
• Disputes arising in Addis Ababa and Dire Dawa, with the exception of cases that fall under the jurisdiction of the city courts.

Article 4 of the Federal Courts Proclamation bestows upon federal courts criminal jurisdiction over: crimes against the national state; crimes against foreign states; crimes in violation of international laws; offences regarding the security and freedom of communication services operating within more than one region or at international level; crimes against the safety of aviation; without prejudice to international diplomatic laws and customs as well other international agreements to which Ethiopia is a party, crimes of which foreign ambassadors, consuls, representatives of international organizations, foreign states are held liable or foreign nationals who enjoy privileges and immunities and who reside in Ethiopia are victims or accused; crimes regarding illicit trafficking of dangerous drugs; crimes falling under the jurisdiction of courts of different regions or under the jurisdiction of both the federal and regional courts as well as concurrent offences; crimes connected with conflicts between various nations; nationalities, ethnic, religious or political groups; crimes against customs duty and tax revenues of the federal government; crimes against the fiscal and economic interests of the federal govern­ment; offences regarding counterfeit currency; crimes against currencies, government bonds or security documents, official seals, stamps or instruments; crimes of which foreigners are victims or accused; crimes committed by officials and employees of the federal government in connection with their official responsibilities or duties; crimes committed against the property of the federal government and which entail more than five years’ rigorous imprisonment; criminal cases in Addis Ababa and Dire Dawa, with the exception of cases that fall under the jurisdiction of the city courts in accordance to Charter Proclamation.[52]

NOTE: Important cases are selected and compiled by the Federal Supreme Court. These compilations are in Amharic (the national working language) and are sold by the Federal Supreme Court. Otherwise copies of cases can be acquired from the registrar of the court where they are finally settled.

More information can be found at the Federal Courts of Ethiopia website where one can find Cassations decisions by volume, file number, and revised Cassation decisions). Abyssinialaw.com and a website administered by Ministry of Justice offers access to laws and court decisions (Cassation decisions by volume as well as a searchable database, and FFI Court Commercial Bench decisions). LawEthiopia also offers access to legislation (federal, regional, and codes) and court decisions (organized by subject matter, by reporter, and pulling constitutional court decisions together). On the other hand, Ministry of Justice and House of Peoples’ Representative offer access to federal laws via their respective websites.

2.4.1.2. Accountability and Administration

The FDRE Constitution provides that the President and Vice-President of the Federal Supreme Court shall be appointed by the House of Peoples’ Representatives upon the recommendation of the Prime Minister; other federal judges are appointed by the HPR from a list of candidates selected by the Federal Judicial Administration Council.[53]

The FDRE Constitution prohibits the removal of judges before retirement age except for violation of disciplinary rules, gross incompetence or inefficiency, or illness that prevents the judge from carrying out his responsibilities.[54] Such determinations are made by the Federal Judicial Administration Commission, which likewise decide issues of appointment, nomination, promotions, disciplinary complaints, and other conditions of employment.

The Federal Judicial Administration Council is a 15-member body comprising of eight Federal judges, two members of the HPR, the Chief Registrar of the Federal Supreme Court, the Minister of Justice, one practicing lawyer from the Ethiopian Bar Association, one legal academician and one distinguished citizen.[55] The Council is composed of the following members:[56]

• The President of the Federal Supreme Court, Chairperson
• The Vice-President of the Federal Supreme Court, Deputy Chairperson
• The President of the Federal High Court
• The President of the Federal First Instance Court
• Two members of the House of Peoples’ Representatives
• One senior Federal Supreme Court judge selected by all the Federal Supreme Court judges
• Chief Registrar of the Federal Supreme Court
• Three judges from Federal Courts elected by Federal Judges’ General Meeting of which two from the three shall be female
• The Minister of Justice
• One practicing lawyer from Ethiopian Bar Association with a minimum of seven years’ practice
• One legal academician with a minimum of ten years of teaching nominated by the association or consortium of law schools of accredited higher education institutions
• One distinguished citizen appointed by the Council
• The most senior judge of the Federal High Court
• The President of the Federal First Instance Court
• A judge selected by all the Federal Courts
• Law academic appointed by the Council from a recognized higher educational institution
• A distinguished citizen appointed by the Council

The Council has the power, inter alia, to select and nominate competent candidates for federal judgeship; collect or cause to be collected all and any relevant information from any person or institution concerning candidates nominated for appointment as federal judges, President and Vice-President of the Federal High Court and First Instance Court and nominate and present to the Prime Minster candidates who are eligible to appoint by the House of Peoples’ Representatives; to appoint the heads of the Secretariat offices, Registrars of the Federal Courts, assistants judges and other officials of the Council upon presentation by the President and decide on their salaries, allowances, other benefits and the conditions upon which they may be removed from their positions; to provide its opinion on regional appointments; issue work Directive for the Secretariat of the Council and supervise its implementation, issue working procedure of sub-committees and periodically evaluate whether committees carry out their responsibilities and make decision accordingly; follow up and decide on disciplinary cases instituted against presidents and vice presidents of federal high and first instance courts and Federal judges as well as follow up its implementation; decide on promotion, salary, allowance, leave, medical and other benefits of Federal judges; issue Judicial Code of Conduct and Rules of Disciplinary Procedure for Federal judges and follow up its implementation; remove immunity of Federal judges suspected of criminal offences; issue directive on selection of candidates for Federal judges; to make sure competent women are mainstreamed into nomination and recruitment for Federal Courts; to issue performance appraisal criteria for federal judges as well as follow up its implementation; decide on the allowance to be paid for members of the Council; and issue regulation to administer administrative workers of Federal courts by House of Peoples’ Representatives.[57]

The day-to-day operations of the Federal Courts in Ethiopia are supervised and managed by court presidents, who therefore act both as judges and administrators with responsibilities and obligations towards the President of the Supreme Court.

2.4.2. State Courts

2.4.2.1. Structure and Jurisdiction

The FDRE Constitution provides for the establishment of three levels of state courts: the State Supreme Court (which also incorporates a cassation bench to review fundamental errors of state law), High Courts, and First-Instance Courts.[58] State Supreme Courts sit in the capital cities of the respective states and have final judicial authority over matters of State law and jurisdiction. State High Courts sit in the zonal regions of states while State First Instance Courts sit at the lowest administrative levels of states.

The FDRE Constitution delegates to State Supreme Courts and State High Courts the jurisdictions of the Federal High Court and Federal First Instance Courts respectively.[59] In order to guarantee the right of appeal of the parties to a case, decisions rendered by a State High Court exercising the jurisdiction of the Federal First Instance Court are appealable to the State Supreme Court while decisions rendered by a State Supreme Court on federal matters are appealable to the Federal Supreme Court.[60]

2.4.2.2. Accountability and Administration

The state systems of judicial administration and accountability mirror the federal process. The state governments have also established Judicial Administration Councils with a view to safeguarding the independence and accountability of State Courts. With respect to appointment, the President and Vice-President of the State Supreme Court are recommended by the President (Chief Executive Officer) of the states and appointed by the State Council; all other State judges are appointed by the State Council based upon recommendations made by the State Judicial Administration Council. Similar guarantees of tenure of judges exist in State Judicial Administration Council.

2.4.3. Municipal Courts

The Addis Ababa City Charter creates two levels of City Courts exercising municipal jurisdiction: First Instance and Appellate Courts.[61] It also establishes the following bodies with judicial power: the Labour Relations Board, Civil Service Tribunal, Tax Appeal Commission, and Urban Land Clearance Matters Appeal Commission.[62] There is no Supreme Court in the municipal system, although a cassation bench is included within the Appellate Court. Cassation review of the Appellate Court decisions can be brought before the Federal Supreme Court, which also decides jurisdictional conflicts between the city and federal courts.[63] The Addis Ababa City Courts have civil, criminal and petty offence jurisdictions.[64] According to Federal Courts Proclamation’s Article 5 (1) (p), the city courts of Addis Ababa and Dire Dawa have jurisdiction over Critical Event Registration and Identification Act; the issue of name change, disappearance, conviction, marital status, custody and guardian evidence or ownership of a house administered by the city administration; or any other dispute, subject to the jurisdiction of the city association, additionally civil disputes of money contracts, and loans between individuals up to Birr 500,000 (Five Hundred Thousand Birr). The State of Oromia has also established similar Municipal Courts in cities with more than 10, 000 people.

2.4.4. Social Courts

The Addis Ababa City Charter established Kebele Social Courts.[65] These courts hear property and monetary claims up to 5,000 birr.[66] Social Court decisions can be appealed to the First-Instance City Courts.[67] If there is a fundamental error of law in the decisions of the First-Instance City Courts on appeal from Social Courts, it can be a ground to lodge cassation before the Appellate Court of the City.[68] Some states have also established Social Courts that handle small claims and minor disputes.[69]

2.4.5. Religious Courts

The FDRE Constitution provides the framework for the independent validity of non-state or unofficial laws such as customary and religious laws in some fields of social activity. Article 34 (5) of the FDRE provides that: “This Constitution shall not preclude the adjudication of disputes relating to personal and family laws in accordance with religious and customary laws, with the consent of the parties to the dispute. Particulars shall be determined by law.” Article 78(5) of the FDRE Constitution also stipulates that: “Pursuant to sub-Article (5) of Article 34 the House of Peoples’ Representatives and State Councils can establish or give official recognition to religious and customary courts that had state recognition and functioned prior to the adoption of the Constitution shall be organized on the basis of recognition accorded to them by this Constitution.” As can be gleaned from the above-cited constitutional provisions, formal legal pluralism under Ethiopia’s new constitutional order is confined to certain matters: only personal status and family law.

To date, Sharia Courts that apply Islamic law are the only religious courts that have been officially established both at the federal and state levels. Sharia Courts apply only Islamic law and have their own appellate system. They are required, however, to follow the procedural rules of ordinary courts and receive their budgets from the state. Parties must voluntarily submit to the jurisdiction of these courts, or the dispute should be redirected to the regular courts. Proclamation 188/1999 spells out the circumstances under which Islamic law can be applied by Sharia courts at the federal level.[70] The Sharia Courts at the federal level have been reconstituted in to a three-level judicial structure, distinct from the regular federal judicial structure. These are: (1) Federal First-Instance Court of Sharia, (2) Federal High Court of Sharia, and (3) Federal Supreme Court of Sharia. Like the federal state judicial organs, all the federal Sharia courts have been made accountable to the Federal Judicial Administration Commission. All of the State Councils have also given official recognition to Sharia Courts within their respective jurisdictions.

Article 4(1) of Proclamation No. 188/1999 stipulates that Federal Courts of Sharia have common jurisdiction over the following matters:

• any question regarding marriage, divorce, maintenance, guardianship of minors and family relationships; provided that the marriage to which the question relates was concluded or the parties have consented to be adjudicated in accordance with Islamic law;
• any question regarding Wakf, gift/Hiba/, succession of wills, provided that the endower or donor is a Muslim, or the deceased was a Muslim at the time of his death;
• any question regarding payment of costs incurred in any suit relating to the aforementioned matters.

Sub-Article (2) of the same reiterates the principle of parties’ consent as the basis for the adjudicatory jurisdiction of Sharia courts. Sharia courts can assume jurisdiction “only where… the parties have expressly consented to be adjudicated under Islamic law.” Tacit consent has also been provided for in addition to express consent. Pursuant to Article 5(2) of Proclamation No. 188/1999, failure to appear before the Sharia court amounts to consent to the court’s jurisdiction on condition that the defaulting party has been duly served with summons. Thus, the suit will be heard ex parte. Article 5(3) of the same provides that in the absence of clear consent of the parties for the case to be adjudicated by the court of Sharia before which the case is brought, such court shall transfer the case to the regular federal court having jurisdiction. Moreover, once a choice of forum has been made by the plaintiff and the defendant has consented to the jurisdiction of such a forum, under no circumstance can either party have their case transferred to a regular court.[71]

2.4.6. Customary Courts

Customary courts are not established by law, despite their constitutional recognition. They are only recognized, not created, by law. The authority of these courts stems from tradition and local customs. These courts have evolved from traditional elder councils, which do not have legal authority, but carry moral force and still operate widely as primary decision-makers in rural areas throughout Ethiopia. To name but a few of the customary courts: the Shemagelle in Amhara, the Bayito and Abo Gereb in Tigray, and the Luba Basa in Oromia. In addition, the choice whether to take a dispute to regular courts or to one of those non-official forums is entirely left to the parties.

3. Alternative Dispute Resolution Mechanisms

Alternative Dispute Resolution Mechanisms as they are applied here refer to the mechanisms of resolving differences through processes other than formal litigation in courts. This section outlines the mechanisms found in formal laws and institutions rather than customary/ traditional methods.

3.1. 1960 Ethiopian Civil Code (Civil Code) and Arbitration and Conciliation Working Procedure Proclamation No. 1237/2021

3.1.1. Conciliation

Arbitration and Conciliation Working Procedure Proclamation No. 1237/2021 (Arbitration and Conciliation Proclamation) under Article 2 (9), defines Conciliation as “a process facilitated by a third party designated by contracting parties in order to resolve existing or future dispute that may arise from contractual or noncontractual legal relationship.” The definition shows that conciliation is a voluntary process for resolving future or materialized dispute mediation based on negotiation between two or more parties for the amicable settlement of their dispute by appointing a third party.

Furthermore, the Arbitration and Conciliation Proclamation allows parties to forge their agreement for conciliation in writing or other means.[72] On the occasion the agreement was made in writing, Article 55 (1) of the Proclamation gives the defendant the right to raise as a preliminary objection that the court lacks jurisdiction to entertain the case.

A party who initiates conciliation shall notify the other party, either orally or in writing, by identifying the subject matter of conciliation and determining the date of response.[73] And if the other party expresses acceptance within the stated period, the conciliation will commence.[74]

Arbitration and Conciliation Proclamation’s Section Nine is entirely dedicated to conciliation, and, among other things, it provides procedures to be followed; duties and rights of the parties; appointment, role, powers as well as duties of conciliator(s); modes of communication; effects of settlement agreement and its interpretation; and const of conciliation.

3.1.2. Compromise

As indicated above, conciliation may result in compromise. The Civil Code defines ‘compromise’ as a mechanism where parties to a dispute ‘terminate an existing dispute’ or prevent future dispute ‘through mutual concessions’ (Article 3307). In terms of format, the Civil Code provides that a compromise should be made in a form of contracts. That means a compromise document drawn up because of the conciliation process described in the section above should be made in writing and the parties to such compromise will be bound by the terms only when they declare their acceptance in writing. Article 276 of the Ethiopian Civil Procedure Code provides the content of a compromise agreement. Once a compromise is properly drawn and accepted by the parties, the Civil Code declares that “[a]s between the parties, the compromise shall have the force of res judicata without appeal” (see Article 3312(1)). This means the agreement of the parties that resulted from the conciliation process is taken as final and binding. The strong position of the Civil Code can also be inferred from its declaration that a compromise can be invalidated only when there is a fundamental mistake (where for instance the agreement of one of the parties was based on a false document) or when there was a court judgment on the same issue that was subject of the compromise and when such judgment was unknown to at least one of the parties. The compromise is considered void ab initio, where it relates to a contractual agreement the object of which is contrary to the law or public morality (see Article 3316).

3.1.3. Arbitration

Arbitration and Conciliation Proclamation recognizes the procedure of arbitration to resolve cases out of the formal courts of law. The provisions of the proclamation from Section Two up to Section 8, deal in detail the rules regarding arbitration.

3.2. Labour Proclamation No.1156/2019 and the Labour Conciliation Office

3.2.1. Labour Proclamation No.1156/2019

The Labour Proclamation No.1156/2019 is a law enacted by the federal government that recognizes and protects the rights of employees and employers and governs their relationship.[75] The Labour Proclamation provides for the possibility of conciliation between parties in a labour dispute. Article 137(3) of the Labour Proclamation defines labour dispute as a “dispute between a worker and an employer or trade union and employers’ association in respect of the application of law, collective agreement, work rules, employment contract and also any disagreement arising during collective bargaining or in connection with collective agreement.”

Article 137(1) of the Labour Proclamation defines conciliation as “the activity conducted by a person or persons appointed by the competent authority at the request of the parties for the purpose of bringing the parties together and seeking an amicable resolution of a labour dispute which their own efforts alone could not resolve.”

The Labour Proclamation has an entire chapter dedicated for alternative dispute settlement mechanism.[76] These are social dialogue, conciliation and arbitration.

The Labour Proclamation does not provide any mandatory procedure that should be followed by a conciliator in finding amicable settlement to labour disputes. In this regard, Article 143(2) of the Labour Proclamation generally provides that the “conciliator shall endeavor to bring about an amicable settlement by all means as he considers appropriate. ” The conciliator is expected to find amicable settlement to a labour dispute within 30 days. If it is not possible to find amicable settlement, the conciliator shall write a report on the dispute and provide the reasons why amicable settlement of the dispute was not possible. Once a report of non-conciliation is drawn by the conciliator, any of the parties can take the case to the Adhoc Labour Relations Board.

3.2.2. Labour Conciliation Office

As indicated above, the Labour Conciliation Office is reestablished pursuant to the Labour Proclamation No.1156/2019 and attempts to find amicable settlement of labour disputes based on the voluntary submission of the parties to its mediation efforts. It is also pointed out that the Labour Proclamation No.1156/2019 does not provide a procedure to be followed during the mediation process. Nonetheless, a visit to the Labour Conciliation Office at the Ministry of Labour and Social Affairs in 2023 revealed that the Office follows the following written internal procedure in the mediation process:[77]

• As a first step, one of the parties to a labour dispute should apply to the Ministry of Labour and Social Affairs and request the Ministry to mediate the dispute.
• The Labour Conciliation Office at the Ministry will then send a letter to the other party asking if it agrees to the mediation process.
• If the parties agree to the mediation process, a conciliator assigned for the case by the Ministry will have a preliminary discussion with them.
• The conciliator will collect all information and evidence connected with the case.
• The conciliator will then examine the written applications and responses of the parties and require oral explanation of issues, which are not clear on the written submission the parties.
• The conciliator will attempt to build consensus between the parties taking the following points into consideration:
• Allowing the parties to propose solutions to their problems;
• Tackling issues in the order of their importance;
• Understanding the expectations of the parties out of the mediation process.
• Help the parties to develop a framework of agreement on the amicable settlement of the dispute.
• Write down all points of agreement;
• Advise on the implementation of the agreement;
• Advise on how to avoid similar dispute in the future.
• Where there is no agreement/no amicable settlement/, the conciliator shall write and send a report to all concerned parties. The report shall contain:
• The issues of the dispute;
• The demands of the parties;
• The efforts made by the conciliator to bring about amicable settlement of the dispute;
• The weak and strong points of the parties in the mediation process.

According to the information gathered from the Labour Conciliation Office at the Ministry of Labour and Skills, a little more than half of the labour disputes that went through the mediation process are settled amicably.

3.3. Ethiopian Institution of the Ombudsman Establishment (Amendment) Proclamation No. 1142/2019

Article 26 of the Ombudsman Proclamation provides that “[a] complaint may be lodged by a person claiming to have suffered from Maladministration or by a third party.” After a complaint is filed, the institution of the Ombudsman may launch its investigation and examine evidence presented in support of the complaint. Once investigation is done, the Ombudsman Proclamation provides amicable settlement as the first line of remedy. Thus, Article 29 (1) of the Ombudsman Proclamation declares that the institution shall make all the effort it can summon to settle a complaint brought before it amicably.

Nonetheless, the Ombudsman Proclamation does not provide a procedure on the amicable settlement of administrative disputes.

3.4. Ethiopian Human Rights Establishment Proclamation 210/2000, as amended by Proclamation No. 1224/2020

In similar parlance with the Ombudsman proclamation, Article 26(1) of the Ethiopian Human Rights Establishment Proclamation provides that the Human Rights Commission shall make all the effort it can summon to settle a complaint brought before it amicably. Again, there is no procedure provided for the amicable settlement of disputes. In practice, investigators of the Commission have informally conducted mediation processes to resolve some of the cases that came to their attention.

3.5. Addis Ababa Chamber of Commerce and Sectoral Associations

The Addis Ababa Chamber of Commerce and Sectorial Association was established with the view to promote trade and investment. It established the Addis Ababa Chamber of Commerce and Sectorial Association Arbitration Institute in 2002 in order to provide arbitration and other ADR services. It offers the following services to its customers:

• Facilitating the settlement of commercial disputes in accurate accord with the arbitration rules of the chamber;
• Organize and offer workshops, seminars and training services on arbitration and ADR mechanisms;
• Providing adjudication services for construction disputes;
• Providing mediation/conciliation services;
• Providing advisory services concerning commercial arbitration and other ADR mechanisms in Ethiopia;
• Providing the Arbitration institute good offices to ad hoc arbitration services at a reasonable cost;
• Conducting studies on arbitration and ADR procedures;
• Serving as an appointing authority when so designated in commercial contracts;
• Contract drafting and reviewing services.

4. Law Enforcement Agencies

4.1. Federal Institutions

4.1.1. Ministry of Justice

The Ministry of Justice is part of the executive branch of the Federal Government. The Ministry of Justice has the primary authority of prosecution of cases falling under the jurisdiction of federal courts. According to Article 40 (1) of Definition of Powers and Duties of the Executive Organs Proclamation No. 1263/2021 (Definition of Powers and Duties of the Executive Organs Proclamation) powers given to Federal Attorney General under the Federal Attorney General Establishment Proclamation No. 943/2016 (Attorney General Establishment Proclamation) are passed to the Ministry. Article 6 of Federal Attorney General Establishment Proclamation enumerates the powers and duties of the Attorney General while Article 40 (2) of Definition of Powers and Duties of the Executive Organs Proclamation notes additional powers granted the Ministry of Justice. Its powers include:

• Prepares criminal justice policy by coordinating relevant bodies; coordinate, follows up and ensures its implementation when adopted;
• Works as principal advisor and representative of the federal government regarding law;
• Ensure the implementation of laws enacted by federal government and the consistency of their implementation; and that the offices of executive federal government perform their business in accordance with the law;
• Provide or cause to provide, where necessary, training on matters of law, to officials, appointees, elected officials and employees of the federal government and actors of private sector with the view to ensure observance of rule of law;
• Ensure that the directive issued by the Attorney General with the view to ensure consistent application of discretion and provision of decision of the public persecutors is enforced;
• Supervise and administer advocates practicing at federal level and services provided by them; based on the law, license the same and renew, suspend, or revoke the license granted to them;
• Without prejudice to Anti-terrorism Proclamation No. 652/2009 and the power and duty of Ministry of Foreign Affairs, undertake international relation and cooperation in criminal and civil matters;
• Organize inspection department and investigate that decisions passed by public prosecutors are in accordance with the law, identify defects based on studies and take corrective measures on the bases of findings to rectify the problems; when necessary, take measure or cause measures to be taken, based on a law, against those who are found to have breached laws and disciplinary rules, scale up good practices;
• Exercise the common powers and duties provided for under the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia laws;
• Regarding criminal matters:
  • Save the powers given to the police by other laws, causes criminal investigation to be started on cases falling under the jurisdiction of federal courts, follow up report to be submitted on an ongoing criminal investigation, the investigation to be completed appropriately, orders discontinuation or restart of discontinued investigation on the basis of public interest or when it is clearly known that there could be no criminal liability, ensures that investigation is conducted in accordance with the law, gives the necessary instruction;
  • A criminal investigation which has been started by the police needs to be notified to it; makes the necessary follow up in the course of investigation; may seek support from the police in the process of giving decision on an investigation file; informs the relevant police about decisions given on criminal case files by the public prosecutor and court; receives and gives decision on appeals presented by the police against decisions given at different level of the public prosecution;
  • Reviews completed investigation files based on evidence and law and gives no case or closing decision where condition provided under the criminal procedure law are met;
  • Determines guilty plea, conducts plea bargaining, decides alternative actions to be taken, follows the implementation;
  • Institutes criminal case charges by representing the federal government, litigates, withdraws charge when found necessary in the interest of the public, resumes withdrew charge. However, issues directive concerning the withdrawal of cases having national interest with consultation of the Prime Minister;
  • Follows the implementation and enforcement of judgments and orders given by courts under criminal case, applies to the court that gave judgments and orders and makes corrective action to be taken where they have not been implemented or their implementation is contrary to law;
  • Organizes or ensures the establishment of systems for the proper execution of criminal punishments imposed by the court of law;
  • Perform and coordinate the functions of recovery of assets related to crimes from domestic and foreign jurisdictions;
  • Oversee, follow up and coordinate the criminal investigation function of the federal police investigation division and require that a report be submitted to it;
  • Coordinate activities related to rehabilitation of prisoners, conduct of sector-based researches and training, tax appeal, authentication and registration of documents as well as organizations of civil societies; and
  • Presents death penalty decisions to the President of the Federal Democratic Republic of Ethiopia, follows the execution.
• Regarding civil matters:
  • Litigates, enforces, causes enforcement, follows and controls the process of enforcement within the federal government offices by acting as an agent of rights and interest of the public and federal government;
  • Advises and participates with concerned bodies in contract preparation and negotiation of mega government projects; participates or advises concerned bodies in other contract preparation and negotiation when it believes that public and government interest could be affected;
  • Institute civil suits on behalf of the federal government office; represent them in civil litigation where they sue or sued, represent them in an ongoing civil litigation by its own or together with them; gives direction to government offices on the management of the litigation; cause execution of judgment in accordance with law;
  • Give decision for settlement of disputes arising between federal government offices through judicial means or out of court alternative dispute settlement mechanisms, and ensures the execution of the decision;
  • Conducts litigation by representing citizens who do not have financial capacity to institute civil action under federal courts specially women, children, disabled and the elderly;
  • Represent victims of crime who do not have financial means in litigations or negotiations for their compensation, reinstitution and protection of their civil interests emanated from the damage sustained;
  • Render decision on civil case dispute arising between Federal Government offices;
  • Bring the adjudicative bodies provided under Trade Practice and Consumers Protection Proclamation No. 813/2014 and Commodity Exchange Authority Establishment Proclamation No. 551/2007 and implement the provisions relating to judicial functions provided thereof; and
  • Represent the government in litigations and conduct negotiations in consultation with concerned bodies at international judicial or quasi-judicial bodies where the Government of the Federal Democratic Republic of Ethiopia sues or is sued, and enforce the decision thereto.
• Regarding legal drafting;
  • Perform preparation of draft laws to be promulgated by the federal government; ensure that draft laws prepared by government organs are consistent with the Constitution and federal laws; provide legal opinion to concerned bodies; assist in the preparation of draft laws when so requested by the regional states;
  • Undertake legal reform studies and carry out codification, compilation and consolidation of federal laws; collect regional laws and consolidate them as necessary; and
  • Ensure that international agreements to be signed or adopted by Ethiopia are in consonant with the Constitution, and other laws of the country and are acceptable in view of the standards of national interest;
• Regarding human rights:
  • Design strategy for provision of free legal aid, follow up implementation of same, coordinate bodies engaged in the sector;
  • Prepare national human rights action plan together with the concerned bodies, follow up implementation of same, coordinate the concerned bodies at national level; submit report to the relevant bodies;
  • Pay visit to persons under custody at police stations and correction facilities, ensure their handling and stay is carried out in accordance with the law, cause unlawful act to be corrected; take measures or cause measures to be taken based on the law against people who are found to have transgressed the law;
  • Provide, through various means, human rights education and legal awareness training; coordinate the concerned bodies operating in the sectors; and
  • Follow up the implementation of international and regional human rights treaties ratified or adopted by Ethiopia; give reply, in consultation with the relevant bodies, to concerns raised in connection with the implementation the treaties; prepare in collaboration with relevant bodies, national report on the implementation of treaties.
• Regarding legal research and training:
  • Undertake researches and studies for an effective and efficient performance of its business;
  • Establish, and enforce a system that enables the collection, organization, analysis and dissemination of criminal justice information; and
  • Provide training or cause provision of training and education at every level for continuous development of the attitude, knowledge and skill of public prosecutors.

Article 10 of the Council of Ministers Regulation 44/98 deals with the accountability of the Federal Prosecutors and according to Article 17 (2) of Federal Attorney General Establishment Proclamation No. 943/2016 stipulate that prosecutors shall be accountable to the Attorney General as well as to their immediate superior and division head. As the ultimate superior of all prosecutors, the Attorney General may thus initiate a specific criminal investigation or stop another. The Attorney General also has the authority to reverse a decision of a prosecutor or to dismiss a pending case.

4.1.2. Federal Police Commission

The Federal Police Commission is established by the Federal Police Commission Proclamation No.720/2011. The Commission is accountable to the Prime Minister.[78] Article 6 of Proclamation No.720/2011 provides that the Federal Police Commission has, inter alia, the following powers and functions:

• Prevent and investigate any threat and acts of crime against the Constitution and the constitutional order, security of the government and the state and human rights;
• Work in collaboration with the Attorney General and other relevant organs with respect to crime investigation;
• Execute orders and decisions given by courts;
• Without prejudice to the powers and duties conferred on other federal government organs by other laws, prevent and investigate crimes falling under the jurisdiction of federal courts;
• Safeguard institutions of the federal government; provide security protection to higher officials of the federal government and dignitaries and diplomats of foreign countries;
• Maintain peace and security in the case of emergency situations due to the occurrence of natural or man-made disasters, and work in collaboration with the concerned government organs, charities, and associations in aiding victims;
• Keep criminal records of individuals, and issue certificates to individuals with no criminal record;
• Maintain law and order in regions based on intervention orders given by the federal government;
• Issue permits for the possession, use, import, sale and repair of weapons and explosives and control their movement.

4.1.3. Federal Prisons Commission

The Federal Prisons Commission is re-established by Proclamation No.1174/2019 as an institution and according to Definition of Powers and Duties of the Executive Organs Proclamation Federal Prisons Commission is accountable to the Ministry of Justice. The objectives of the Commission are to enforce sentences and judicial orders, respect the rights of prisoners under its care, fulfill their needs and uphold their human dignity; offer psychological, academic and vocational trainings to prisoners so that they are ethically as well as attitudinally rehabilitated which will in turn help in ensuring that they are law abiding, peaceful and productive citizens. The Federal Prisons Commission has powers and functions akin to most prison facilities. The powers and duties are the following:

• establish its own training institution to produce prison police and social science professionals loyal to the Constitution and their profession and have the required knowledge and skills;
• facilitate abroad opportunities for prison police trainings and education;
• put into effect a system of promotion and appointment of prison police members to a higher rank, pay raise, position allowances and other benefits pursuant to a Regulation;
• build prison police residential camps;
• receive, protect, manage, escort, produce in courts of law, reform prisoners sent to it by court decisions or order; shall also execute other orders of courts having competence;
• provide food, shelter, clothing and free medication for prisoners;
• set up educational and training facilities with a view to enhancing the productivity and personal development of prisoners;
• build and administer new prison facilities across the country to rehabilitate prisoners adequately;
• work towards the correction, development, and productivity of prisoners;
• establish industries that could realize the theoretical knowledge and skills prisoners possess in becoming productive work force;
• submit lists of prisoners to be released by parole or pardon those who meet preconditions to be released by parole or pardon according to a Regulation and Order to be enacted and according to the established procedures and release them upon a decision to that effect;
• make prison resources and facilities such as prison security equipment, vehicle, radio communication equipment, search and riot control equipment, CCTV cameras and other such technological devices and equipment available;
• undertake studies and research with a view to improving prison conditions nationally;
• collect, analyze and interpret data and statistics of prisoners nationally;
• deploy resources generated through various income generating schemes within the prison system, according to relevant laws, to improve the social conditions of prisoners and capacity building initiatives;
• with due consideration for the procedures laid by Transport Authority Qualification Certificate Proclamation, the Commission upon the authentication by the Authority offer driving training to prisoners and its personnel through competency certificate issued by Transport Authority;
• communicate with relevant government and nongovernmental organizations in matters relating to its powers and duties;
• jointly establish a Joint Council of Regional and Federal Prison and coordinate it;
• without prejudice to the priority given to regions seeking special support, offer capacity building support, professional assistance and advisory support to regional prison;
• put in place alternative correctional measures up on decision of court;
• supervise in cooperation with other concerned bodies whether prisoners released from jail having served their sentences or those released for different reasons have complied with behavioral management plan set during their release;
• enter into agreements, own property, sue and be sued in its own name;
• enforce the law based on its mission; and
• carry out other activities that could help execute its objectives.

4.2. State Institutions

4.2.1. State Justice Bureaus

The State Justice Bureaus mirror the Federal Attorney General in their structure and mandate. The State Justice Bureaus are part of the executive branch of the State government. They have similar powers and functions with that of the Ministry of Justice. The head of a State Justice Bureau has similar powers with the Federal Minister of Justice.

4.2.2. State Police and Prison Commissions

States are allowed to establish their own Police and Prison Commissions.[79] The Police and Prison Commissions of the states are accountable to the State Justice Bureaus. Even though the State Police and Prison Commissions are functionally independent, they are obliged to cooperate with their federal counterparts in order to maintain improved conditions of prisons across the nation.[80]

5. 5. Sources of Ethiopian Law

5.1. Federal Laws

5.1.1. FDRE Constitution

The Constitution of the Federal Democratic Republic of Ethiopia (FDRE Constitution) was adopted in Addis Ababa by the Constitutional Assembly on December 8, 1994 and came into force on August 21, 1995. The FDRE Constitution is the supreme law of the land and, as such, all laws of the country derive their legal validity from the Constitution. The FDRE Constitution contains 106 provisions 29 of which are dedicated to the recognition of the fundamental political, economic, social, and cultural rights of citizens.

NOTE: All laws in Ethiopia (including the codes) are published by the state owned Berhanena Selam printing press. The laws are sold at stores owned by the press in Addis Ababa and in other parts of the country. Laws are also available online on the website of the Parliament (in Amharic).

5.1.2. International Treaties

Article 9(4) of the FDRE Constitution provides that “all international agreements ratified by Ethiopia are an integral part of the law of the land.” Moreover, Article 13(2) of the FDRE Constitution provides that the fundamental rights and freedoms recognized under Chapter 3 of Constitution shall be interpreted in a manner conforming to International Covenants on Human Rights and international instruments adopted by Ethiopia. Ethiopia has ratified numerous international and regional treaties. For instance, Ethiopia has ratified the [Banjul] African Charter on Human and Peoples Rights,[81] the International Covenant on Civil and Political Rights,[82] the International Covenant on Economic, Social and Cultural Rights,[83] the 1979 Convention on the Elimination of All Forms of Discrimination against Women,[84] the Convention on the Rights of the Child,[85] the 1965 Convention on the Elimination of Racial Discrimination,[86] the 1982 Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment,[87] and the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.[88]

5.1.3. Codified Laws and Statutes

During the period between 1957 and 1965, six comprehensive legal codes were enacted in Ethiopia. A new Penal Code was introduced in 1957, which largely drew upon its counterpart in Switzerland. In the 1960’s, in rapid succession, a large body of law was introduced into Ethiopia, in the form of five codes. First, the Civil, Commercial and Maritime Codes in 1960, followed by the Criminal Procedure Code in 1961, and finally, the Civil Procedure Code in 1965. All of the six codes were promulgated in the form of proclamations as extraordinary issues in the Negarit Gazetta, the official legal gazette in place for the publication of Ethiopian laws since 1942. In addition, a Revised Family Code was promulgated in 2000 and has been in force only within the federal jurisdiction. A new Criminal Code has replaced the Penal Code of 1957 and has been in force throughout the federation since 2005.

5.1.4. 5.1.4. Decrees, Regulations and Directives

The Council of Ministers of the Federal Government can issue regulations. In practice the federal ministries issue directives. The mandate to issue regulations and directives of the Council of Ministers and Ministries respectively emanates from the House of Peoples’ Representatives as expressed in primary legislations. Moreover, the Council of Ministers of the Federal Government is also empowered “to decree a state of emergency should an external invasion, a breakdown of law and order which endangers the constitutional order, and which cannot be controlled by the regular law enforcement agencies and personnel, a natural disaster, or an epidemic occur.”[89]

5.1.5. Precedent

A precedent is a judicial decision, normally recorded in a law report, used as an authority for reaching the same decision in subsequent cases by virtue of the doctrine of stare decisis. The doctrine of stare decisis had been absent from the Ethiopian legal system until it was introduced by virtue Proclamation 454/2005. The bench entertains solely judgments, decrees, decisions, rulings, or orders that have basic or fundamental error of law. Federal Courts Proclamation under Article 2 (4) defines and lists down errors regarded as “basic or fundamental error of law”. Pursuant to Article 10(2) of this Proclamation, a judicial decision by the Cassation Division of the Federal Supreme Court on interpretation of a law is binding on Federal and State Courts at all levels.

5.2. State Laws

State Constitutions: Article 52 (2) (b) of the FDRE Constitution provides that States can promulgate their own constitution. In practice, all States of the federation have promulgated State Constitutions. The State Constitutions declare their supremacy within each State.

State Proclamations: The above provision of the FDRE Constitution also allows States to issue proclamations on matters falling under their jurisdiction. For instance, the States of Tigray, Amhara, Oromia and the Southern Nations, Nationalities and People have enacted their own Family Codes.

State Decrees, Regulations, and Directives: State Executive Councils are empowered to decree a Statewide state of emergency should a natural disaster or an epidemic occur.[90] State regulations and directives are issued by State Executive Councils and State Bureaus by virtue of the power delegated to them by State Councils, the State legislature.

5.3. Hierarchy

The FDRE Constitution is the supreme law of the land. It has primacy over all Federal as well as State laws. Article 9(1) of the FDRE Constitution proclaims that any law, customary practice or a decision of an organ of state or public official, which contravenes the Constitution, shall be no effect. At the federal level, international agreements and proclamations have the same status as they are issued by the Federal legislature. These are followed by Decrees, Regulations and Directives respectively. When Decrees are adopted by the House of Representatives, it becomes a proclamation. The same order applies to State laws.

5.4. Publications

The Federal and State laws described above are issued through the official publications and some are indicated below. The first row indicates the source of the laws while the second row indicates the name of the official publication.

Source of Law	Name of Publication
Federal Laws	Federal Negarit Gazeta
Addis Ababa City	Addis Negarit Gazeta
Dire Dawa City	Dire Negarit Gazeta
The State of Oromia	Megeleta Oromia
The State of Tigray	Negarit Gazeta Beherawe Mengiste Tigray
The State of Amhara	Zikre Hig
The State of Benshangul/Gumuz	Lisane Hig
The State of Harari People	Harari Negarit Gazeta’
The State of Afar	Dinkara

6. National Human Rights Institutions

6.1. Ethiopian Human Rights Commission

Article 55 of the FDRE Constitution requires the Federal government to establish a Human Rights Commission and an Office of the Ombudsman. Proclamation 210/2000, as amended by Proclamation No. 1224/2020, was enacted to provide for the establishment of the Ethiopian Human Rights Commission. Article 5 of Proclamation 210/2000 provides that the objective of the Commission is “to educate the public be aware of human rights, see to it that human rights are protected, respected and fully enforced as well as to have the necessary measure taken where they are found to have been violated.” According to Article 6 of Proclamation No.210/200, as amended by Proclamation No. 1224/2020, the Ethiopian Human Rights Commission has the following powers and duties:

• ensure that the human rights and freedoms provided for under the Constitution of the Federal Democratic Republic of Ethiopia are respected by all citizens, organs of state, political organizations and other associations as well as by their respective officials;
• ensure that laws, regulations and directives as well as government decisions and orders do not contravene the human rights of citizens guaranteed by the Constitution;
• educate the public, using the mass media and other means, with a view to enhancing its tradition of respect for, and demand for enforcement of, rights upon acquiring sufficient awareness regarding human rights;
• undertake investigation, jupon complaint or its own initiation, in respect of human rights violations;
• make recommendations for the revision of existing laws, enactment of new laws and formulation of policies.
• provide consultancy services on matters of human rights;
• forward its opinion on human rights reports to be submitted to international organs;
• translate into local vernaculars, international human rights instruments adopted by Ethiopia and disperse same;
• participate in international human rights meeting, conferences or symposia;
• own property, enter into contracts, sue and be sued in its own name;
• perform such other activities as may be necessary to attain its objective;
• monitor the human rights situation during election periods;
• without prejudice to the power vested on the State of Emergency Inquiry Board, monitor the human rights situation during state of emergency;
• visit and monitor, without prior notice, any correction centers or prisons, police detention centers or any place where people are held in custody or otherwise detained anywhere in the country as well as any public service institution such as school, hospitals, shelter camps and market centers.

6.2. Ethiopian Institution of the Ombudsman

The establishment of the Ethiopian Institution of the Ombudsman is set out in Article 55(15) of the FDRE Constitution. In line with this provision of the Constitution, the House of Peoples’ Representatives enacted The Ethiopian Institution of the Ombudsman Establishment (Amendment) Proclamation No. 1142/2019 that established the Ethiopian Institution of the Ombudsman (EIO). The EIO is designed to prevent and remedy arbitrary or unjust administrative actions of the executive vis-à-vis its citizens, and to provide an easily accessible means to the public to assure that basic rights are not violated by the executive without an avenue for complaint investigation and redress. According to Article 6 of Proclamation No. 1142/2019/, the objective of the EIO is “to bringing about good governance that is of high quality, efficient and transparent, and are based on the rule of law, by way of ensuring that peoples’ rights and benefits provided for by law are respected by organs of the executive.”

Article 7 of Proclamation No. 1142/2019 stipulates that the EIO shall have the powers and duties to:

• supervise regulations or administrative directives that issued by executive organs or decisions given by executive organs and the practices thereof do not contravene the constitutional rights of citizens and the law as well;
• receive and investigate complaints in respect of maladministration or conduct systematic investigation on important issues;
• recommend appropriate remedies where it believes that maladministration has occurred;
• conduct supervision, with a view to ensuring that the executive carries out its functions in accordance with the law and to preventing maladministration;
• seek remedies in case where it believes that maladministration has occurred;
• undertake studies and research on ways and means of curbing maladministration;
• make recommendations for the revision of existing laws, practices or directives and for the enactment of new laws and formulation of policies, with a view to bringing about better governance;
• provide advice to the government on the issue of good governance;
• create awareness of Good Governance and on matters related to administrative justice;
• participate in international good-governance related meetings or conferences or symposium;
• supervise and follow up implementation of part three of freedom of mass media and access to information law; and
• perform such other functions as are related to its objective.

7. Legal Education

Currently the following state universities offer legal education.

• Addis Ababa University, College of Law and Governance Studies
• Adigrat University, Department of Law
• Aksum University, Department of Law
• Arsi University, Department of Law
• Ambo University, School of Law
• Arba Minch University, Department of Law
• Assossa University, Department of Law
• Bahir Dar University, School of Law
• Bulehora University, Department of Law
• Debre Birhan University, Department of Law
• Debre Markos University, School of Law
• Dilla University, School of Law
• Dire Dawa University, College of Law
• Gonder University, School of Law
• Hawassa University, School of Law
• Haromaya University, College of Law
• Jigjiga University, School of Law
• Jimma University, School of Law
• Jinka University, School of Law
• Mada Wallabu University, Department of Law
• Mekelle Univeristy, School of Law
• Mizan Tepi University, School of Law
• Metu University, Department of Law
• Oromia State University, School of Law
• Samara University, Department of Law
• Selale University, Department of Law
• Wachemo Univeristy, Department of Law
• Wolayta Sodo university, School of Law
• Wolkite University, Department of Law
• Wollega University, School of Law
• Wollo University, School of Law
• Worabe University, School of Law

8. Legal Periodicals

Currently the following legal periodicals are published by universities and other institutions:

• The School of Law of Addis Ababa University publishes the following journals: 1) Journal of Ethiopian Law; 2) Ethiopian Human Rights Law Series; 3) Ethiopian Business Law Series; 4) Ethiopian Constitutional Law Series; and 5) Addis Ababa University Student Law Review.
• The Center for Human Rights of the Addis Ababa University’s School of Law and Governance Studies publishes Ethiopian Journal of Human Rights.
• The School of Law of Bahir Dar University publishes Bahir Dar University Journal of Law.
• The School of Law of the University of Gondar has recently launched The International Journal of Ethiopian Legal Studies.
• The College of Law of Haromaya University publishes Haromaya Law Review.
• The Law Faculty of Jimma University publishes Jimma University Journal of Law.
• The School of Law of Mekelle University publishes Mekelle Law Journal.
• The Justice and Legal System Research Institute publishes the Ethiopian Journal of Legal Education.
• Saint Mary’s University College publishes Mizan Law Review. [available on African Journals Online. The Ethiopian Bar Association publishes the Ethiopian Bar Review.
• The School of Law of Hawassa University publishes Hawassa University Journal of Law.
• The School of Law of Oromia State University publishes Oromia Law Journal.

NOTE: All journals of the School of Law at Addis Ababa University are sold at the Book Center, Sidist Kilo Campus, Addis Ababa University. Journals published by the other universities are also available at their premises.

9. Useful Links

• Federal Democratic Republic of Ethiopia – Electronic Services
• Ethiopian Federal Courts (access Federal Supreme Court, Federal High Court, Federal First Instance Court, Court of Cassation, and more)
• Federal Democratic Republic of Ethiopia – Business Portal
• The Ethiopian Parliament
• Ethiopian LawsEthiopian Legal Brief
• Addis Ababa University
• The African Union (African Union Agenda 2063)
• American Bar Association Rule of Law Initiative

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[1] This is a 2021 estimate by the United Nations.

[2] World Bank Data: Ethiopia (2022 estimates).

[3] A 2010-2021 estimate by the UN.

[4] See the 2007 Population and Housing Census Results of Ethiopia published by the Federal Democratic Republic of Ethiopia Population Census Commission in November 2008, Addis Ababa for the list of ethnic groups of the country.

[5] See Bahru Zewde, A History of Modern Ethiopia, 1855-1991 (2001, Ohio University Press) for the modern history of the country.

[6] A word for ‘committee’ in Amharic.

[7] Eritrea became an independent State in 1993.

[8] Federal Democratic Republic of Ethiopia [FDRE] Constitution Art. 8(1).

[9] FDRE Constitution Art. 9(1).

[10] FDRE Constitution Art. 13(2).

[11] See FDRE Constitution Articles 14-28 addressing Human Rights and Articles 29-44 addressing Democratic Rights.

[12] FDRE Constitution Art. 47(1).

[13] FDRE Constitution Art. 51 and 52.

[14] FDRE Constitution, Article 52 enumerates the powers and functions of the member states of the federation. All powers not expressly given to the federal government alone, or concurrently to the federal and state governments, are reserved to the States.

[15] FDRE Constitution, Article 50 (5).

[16] Proclamation No.1/ 1995, Proclamation of the Constitution of the Federal Democratic Republic of Ethiopia (FDRE Constitution), Article 53.

[17] FDRE Constitution, Article 54(1).

[18] FDRE Constitution, Article 54(3).

[19] FDRE Constitution, Articles 45 and 56.

[20] FDRE Constitution, Article 70.

[21] Nonetheless, due to the COVID-19 pandemic, National Election Board of Ethiopia (NEBE) submitted to HPR that it will not be able conduct the 6th National Election. This created a constitutional deadlock as the decision by NEBE and HPR was in conflict with the deadline set by the Constitution. Following this, the HPR suggested the following four options to resolve the constitutional dilemma: dissolving the parliament, declaring state of emergency, amendment of the Constitution and constitutional interpretation. HPR then endorsed the constitutional interpretation and referred the matter to Council of Constitutional Inquiry, a legal advisory body of the HOF. Later, Council of Constitutional Inquiry recommended to the HOF, and the house approved, that the deferred election be held in nine to twelve months after the Ministry of Health, Ethiopian Public Health Institute and the science community assure the pandemic is no longer a threat to public health and HPR approves such suggestion.

[22] FDRE Constitution, Article 55. See Article 51 of the FDRE Constitution for the federal jurisdiction.

[23] FDRE Constitution, Article 61(1).

[24] FDRE Constitution, Article 61(2).

[25] FDRE Constitution, Article 61(3).

[26] FDRE Constitution, Article 62(1).

[27] FDRE Constitution Art. 62(1).

[28] See FDRE Constitution, Article 62 for the powers and functions of the HOF.

[29] FDRE Constitution, Article 50 (3).

[30] FDRE Constitution, Article 50 (5).

[31] FDRE Constitution, Article 50 (5).

[32] The State of the Southern Nations, Nationalities and Peoples and the State of Harari People have established Nationalities Council.

[33] FDRE Constitution, Articles 72-73.

[34] FDRE Constitution, Article 74.

[35] FDRE Constitution, Article 77.

[36] National Bank of Ethiopia.

[37] See FDRE Constitution, Article 55 for the powers and functions of the HPR.

[38] FDRE Constitution Art.71.

[39] FDRE Constitution, Article 50(6).

[40] In addition to these courts, the FDRE Constitution allows the establishment of Religious and Customary courts.

[41] FDRE Constitution, Article 78(2).

[42] See Federal High Court Establishment Proclamation No.322/2003. Federal High Courts have been placed in the following states: Afar, Benshngul/Gumuz, Gambela, Somali, and Southern Nations, Nationalities, and Peoples’ (SNNPR). However, SNNPR has been split to 4 different states. It is not clear to which state(s) the powers and duties of the federal high from SNNP as established under the Proclamation is passed to.

[43] Federal Courts Proclamation No. 1234/2021, Article 30 (2).

[44] Federal Courts Proclamation No. 1234/2021, Article 29 (1).

[45] Federal Courts Proclamation No. 1234/2021, Article 25 (1).

[46] Federal Courts Proclamation No. 1234/2021, Article 26 (3).

[47] Federal Courts Proclamation No. 1234/2021, Article 26 (4).

[48] Federal Courts Proclamation No. 1234/2021, Article 26 (3).

[49] Federal Courts Proclamation No. 1234/2021, 29 (2).

[50] Federal Courts Proclamation No. 1234/2021, Article 29 (4).

[51] Federal Courts Proclamation No. 1234/2019, Article 3.

[52] Federal Courts Proclamation, Article 4.

[53] FDRE Constitution, Article 81.

[54] FDRE Constitution, Article 79(4).

[55] Federal Judicial Administration Proclamation No. 1233/2021 (Proclamation No. 1232/20210), Article 6.

[56] Proclamation 1233/2021, Article 6.

[57] Proclamation 1233/2021, Article 8.

[58] FDRE Constitution, Article 78(3).

[59] FDRE Constitution Article 78(2).

[60] FDRE Constitution Article 80 (5) and (6).

[61] Addis Ababa City Government Revised Charter Proclamation 361/2003 (Proclamation 361/2003), Article 43/1.

[62] Addis Ababa City Government Revised Charter Proclamation No. 361/2003, Art. 40, Federal Negarit Gazeta No. 86, 9th year, 24 July 2003 (full text of the Addis Ababa City Government Revised Charter Proclamation No. 361/2003 in PDF and English available for download).

[63] Addis Ababa City Government Revised Charter Proclamation 361/2003, Article 42.

[64] See Article 41 of Proclamation 361/2003 cum. Addis Ababa City Government Revised Charter (Amendment) Proclamation No. 408/2004, Art. 2 for the full list of matters under the jurisdiction of Addis Ababa City Courts.

[65] Proclamation 361/2003 Article 2(6) defines Kebele as the third administrative stratum of the city and a unit of a sub-city.

[66] Proclamation 361/2003 Article 50(1).

[67] Proclamation 361/2003 Article 50(3).

[68] Proclamation 361/2003Article 50(4).

[69] The Federal States that have established Social Courts are Tigray, Amhara, Oromia, Southern Nations, Nationalities and Peoples and Harari.

[70] Federal Courts of Sharia Consolidation Proclamation No 188/1999.

[71] Proclamation No. 188/1999, Article 5(4).

[72] Arbitration and Conciliation Working Procedure Proclamation No. 1237/2021, Article 54.

[73] Arbitration and Conciliation Working Procedure Proclamation, Article 56 (1).

[74] Arbitration and Conciliation Working Procedure Proclamation, Article 56 (2)

[75] The FDRE Constitution, Article 55 (1) and (3) provides that the mandate of enacting a labour code be given to the Federal Government.

[76] Labour Proclamation, Chapter Three.

[77] This procedure has been obtained from the Labour Conciliation Office at the Ministry of Labour and Skills.

[78] Definition of Powers and Duties of the Executive Organs Proclamation No. 1263/2021, Article 79 (7).

[79] See FDRE Constitution, Article 52.

[80] See Federal Prisons Commission Establishment Proclamation No.1174/2019, Article 68.

[81] 15 June 1998.

[82] 11 June 1993.

[83] 11 June 1993.

[84] 9 September 1981.

[85] 14 May 1991.

[86] 23 June 1976.

[87] 14 March 1994.

[88] 1 July 1949.

[89] FDRE Constitution, Article 93 1(a).

[90]FDRE Constitution Article 93(1) (b).