Ethiopia Country Profile

Judicial System

Individual Corruption

While the civil courts reportedly operates with independence, the US Department of State 2008 reports that the criminal courts remain weak, overburdened and are subject to significant political intervention and influence. In addition, the judicial system lacks experienced staff, which sometimes makes the application of laws unpredictable.

Business Corruption

The US Department of State 2008 reports that the shortcomings of the judiciary are evident when considering the inefficiency of the system in resolving commercial disputes, and many judges lack understanding of commercial matters. According to law, disputes may be settled through international arbitration, but there is no guarantee that a decision made by an international body will be accepted by Ethiopian authorities.

Political Corruption

Several sources, including the Bertelsmann Foundation 2008 and Freedom House 2009, indicate that the judicial system in Ethiopia lacks independence. The judiciary is generally unable to temper the powerful executive and, especially in high-profile cases, the courts show little political independence or concern for the defendants' procedural rights. Although persons charged with corruption are to be shown the evidence against them prior to their trials by law, the US Department of State 2008 reports that authorities routinely deny defence counsel access to such evidence. The independence of the judiciary is further hampered by the fact that the executive can appoint and dismiss court officials at will, while judges who voice opinions contrary to the executive have been dismissed or passed over for promotion. Although the courts show some independence in less prominent cases, the judiciary often acts only after very long delays due primarily to the workload of the system. There is a severe lack of well-educated judges and other judicial personnel, which often result in long delays in trial proceedings. Corruption in the system is also reported as one of the constraints.

The US Department of State 2008 reports that the government is in the process of training lower court judges and prosecutors and has made effective judicial administration a primary focus.

Frequency

The World Bank & IFC: Doing Business 2010:
- It requires 37 procedures and takes 620 days to enforce a commercial contract through the judiciary at a cost of 15.2% of the claim.

World Economic Forum: The Global Competitiveness Report 2009-2010:
- Business executives give the Ethiopian judiciary's level of independence from influences of government, citizens, or companies a score of 3 on a 7-point scale (1 being 'heavily influenced' and 7 'entirely independent').

- Business executives give the efficiency of the legal framework for private companies to settle disputes and to challenge the legality of government actions and/or regulations a score of 3.4 and 3.1 respectively on a 7-point scale (1 being 'extremely inefficient' and 7 'highly efficient').

The World Bank & IFC: Enterprise Surveys 2006:
- Only 24% of the companies surveyed believe that the court system is fair, impartial and uncorrupted.

UNECA: African Governance Report 2005:
- 60% reported that the judiciary is hardly or not at all independent of other branches of government.

- 31% of respondents in the household survey expect public prosecutors to demand bribes.

- 35% of respondents in the household survey expect judges to demand bribes.