Moving Forward: Prospects and Challenges for Achieving Transitional Justice in Ethiopia Commentary
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Moving Forward: Prospects and Challenges for Achieving Transitional Justice in Ethiopia
Edited by: JURIST Staff

The ongoing conflicts in Ethiopia have laid bare the country’s deep-seated divisions and the devastating toll of unchecked violence on civilian populations. From the Tigray region to the Amhara and Oromia areas, the people of Ethiopia have endured unimaginable suffering, with atrocities committed by all sides in flagrant violation of international law. At the heart of this crisis lies the plight of the victims – the men, women, and children whose lives have been shattered by the ravages of war, and whose cries for justice have too often fallen on deaf ears. The pursuit of justice and accountability in Ethiopia has been marred by a persistent culture of impunity, where perpetrators of war crimes, crimes against humanity, and other gross human rights violations have evaded meaningful consequences. The Ethiopian government’s claims of pursuing transitional justice have been met with skepticism, as the reality on the ground paints a grim picture of continued denial and a lack of political will to confront the scale of the abuses. Time and again, the authorities have responded to allegations of atrocities with dismissals and obfuscation, only to later announce investigations that ultimately lead nowhere, leaving victims and their families without recourse or closure. 

In January 2023, the Ethiopian government unveiled a draft known as the “Policy Options for Transitional Justice“, a Green Paper released to initiate public discussions. Starting in February, the government sought feedback from citizens, including those in the Amhara and parts of the Oromia regions that were still experiencing conflict. However, in September, the second report from the UN-mandated International Commission of Human Rights Experts on Ethiopia (ICHREE) criticized the government for not thoroughly investigating human rights violations and for launching a flawed transitional justice process, and ICHREE has since been disbanded.

The prompt adoption of legislation is essential for achieving the goals outlined in the Policy, particularly in delivering comprehensive justice through the activation of various transitional justice mechanisms. Ethiopia’s Transitional Justice Institutional Coordination Mechanism announced a significant achievement Monday with the completion of its Transitional Justice Implementation Roadmap. This includes truth-seeking, reconciliation, criminal accountability, conditional amnesty, reparation, and institutional reform, marking crucial progress since the Council approved the Transitional Justice Policy of Ministers on April 17, 2024.

The Roadmap aims to direct the overall implementation, follow-up, and support systems aligned with the Policy, aiming to address historical grievances systematically and lay the groundwork for justice. A key aspect of this effort is developing legal frameworks to create independent and impartial institutions responsible for executing the various components of the transitional justice mechanism. This includes legislation for the “Criminalization and Punishment of International Crimes in Ethiopia” and establishing a “Truth, Amnesty, and Reparations Commission.” The Federal Supreme Court is overseeing the drafting of procedures for a Special Bench focused on criminal accountability within the transitional justice context.

These frameworks are being crafted by expert teams, with plans to organize national and international consultation platforms to gather detailed feedback on the draft legislation from the public and stakeholders. The Secretariat highlighted that the timely adoption of these legislations is vital for realizing the objectives stated in the Policy, transforming aspirations into tangible outcomes such as truth-seeking, reconciliation, and institutional reform. As Ethiopia approaches a new chapter, decisive actions to implement these changes are crucial for nurturing lasting justice and peace.

Is the draft policy satisfactory?

According to Human Rights Watch’s World Report 2024, various political opposition groups, civil society organisations, Ethiopian human rights advocates, and participants in the consultations expressed dissatisfaction with the draft policy. They raised concerns about its emphasis on sovereignty and highlighted the consultations’ exclusionary nature. Additionally, they questioned the appropriateness of discussing transitional justice while violence persisted. In Tigray, some participants specifically pointed out that the draft did not adequately address the accountability of Eritrean forces involved in the conflict.

This pattern of denial and inaction has not only perpetuated a culture of impunity but has also eroded the trust of the Ethiopian people in the very institutions that are meant to uphold justice and the rule of law. The international community, including regional and global human rights bodies, has also been criticized for its failure to exert sufficient pressure on the Ethiopian government to fulfil its obligations under international law. The silence and inaction of these institutions have set a dangerous precedent, emboldening those who seek to evade accountability and sending a message that the lives and dignity of Ethiopia’s victims are not a priority. 

To break this cycle of violence and impunity, a comprehensive and inclusive approach to transitional justice is urgently needed, an approach that is realistic. This must involve genuine efforts to investigate and prosecute those responsible for atrocities, while also providing meaningful reparations and support for victims and their communities. Crucially, this process must be driven by the voices and experiences of all affected groups, including marginalized communities and those who have traditionally been excluded from the pursuit of justice, people on the front line of the ongoing conflict. However, the implementation of transitional justice in Ethiopia faces a daunting set of challenges, both political and practical. The Ethiopian government’s reluctance to engage in a genuine process of accountability and reconciliation, the fragmentation and polarisation of the country’s political landscape, and the logistical and resource-related obstacles posed by the scale of the abuses and the destruction of critical infrastructure all contribute to a complex and challenging environment, and so international actors must be prepared to do more to assist through online support and virtual focus groups and truth-telling. The pursuit of justice and accountability in Ethiopia must remain a top priority for the international community.  The victims of these horrific crimes deserve true justice, accountability, and a future free from the spectre of violence and oppression. It is time for the international community to fulfill its moral and legal obligations and to stand in solidarity with the people of Ethiopia.

The Challenges of Transitional Justice in Ethiopia 

The implementation of transitional justice in Ethiopia faces a daunting set of challenges, both political and practical, that must be addressed if any meaningful progress is to be made. Politically, the Ethiopian government has demonstrated a clear reluctance to engage in a genuine process of accountability and reconciliation, according to a UN rights report. The authorities have repeatedly sought to downplay or deny the scale and severity of the abuses committed by their own forces, while also attempting to shield allied militias and other non-state actors from scrutiny. This unwillingness to confront the past is rooted in a broader political calculus that prioritizes the maintenance of power and the preservation of the status quo over the pursuit of justice and the rule of law. The government’s fear of losing control and facing potential backlash from hardliners within its own ranks has led it to adopt a defensive posture, often at the expense of the victims and their demands for accountability.

At the heart of this crisis lies the erosion of trust in Ethiopia’s institutions, as the government has repeatedly failed to investigate and prosecute allegations of atrocities. The authorities’ pattern of denial and inaction has not only perpetuated a cycle of violence but has also undermined the very foundations of the rule of law. Politically, the Ethiopian government’s reluctance to engage in a genuine process of accountability and reconciliation is rooted in a broader calculus that prioritizes the maintenance of power over the pursuit of justice. The fragmentation and polarization of the country’s political landscape have further complicated the transitional justice process, as various factions have often viewed the quest for accountability through the lens of their own narrow interests. This political gridlock has had tangible consequences on the ground, as victims and their communities have been left to navigate a complex and often hostile environment in their quest for justice. The government’s crackdown on civil society organizations and independent media outlets has further exacerbated this challenge, making it increasingly difficult for victims to have their voices heard and their stories told.

Practically, the implementation of transitional justice in Ethiopia faces a daunting set of logistical and resource-related challenges. The sheer scale of the abuses committed during the conflicts, the widespread displacement of populations, and the destruction of critical infrastructure have all contributed to a situation that is overwhelming in its complexity. The lack of reliable data and documentation, the difficulty in accessing remote and conflict-affected areas, and the ongoing security threats faced by victims and witnesses have all posed significant obstacles to the investigation and prosecution of crimes. The Ethiopian government’s restrictions on humanitarian access and the disruption of essential services have further exacerbated these challenges, leaving many victims without the support and resources they desperately need.

Attacks on healthcare infrastructure 

The situation of healthcare infrastructure in Ethiopia has been severely impacted by the ongoing conflicts, with deliberate attacks on healthcare facilities and workers documented across multiple regions. Human Rights Watch has investigated a disturbing trend of government forces and allied militias attacking and disrupting healthcare services in the Amhara region. Their research found that federal government forces have killed healthcare workers, arrested and threatened medical professionals, and interfered with the treatment of patients by looting and destroying medical supplies and equipment. In one particularly devastating incident, an ambulance carrying much-needed medical supplies was apparently targeted in a drone strike, further crippling the already strained healthcare system.

These attacks on the healthcare infrastructure have had a devastating impact on civilian populations, with many too afraid to seek medical care due to the risks. The disruption of essential services and the targeting of healthcare workers have compounded the humanitarian crisis, leaving many victims without access to the care and support they desperately need. Rebuilding and protecting the healthcare system must be a critical priority in any efforts to pursue justice and accountability in Ethiopia. 

Civil Society 

The role of civil society in ending impunity in Ethiopia cannot be overstated. Despite the government’s crackdown on independent organizations and media outlets, civil society advocates have widely emphasized the importance of empowering and amplifying the voices of victims and affected communities in the pursuit of justice and accountability. Civil society groups and human rights defenders play a vital part in documenting abuses, collecting evidence, and advocating for the rights of marginalized populations. Their work is crucial in challenging the government’s denials and obfuscation, and in keeping the international community engaged and informed about the ongoing atrocities. Moreover, a strong and vibrant civil society can help foster a shared constituency and vision for a more just and equitable Ethiopia, one that transcends ethnic and regional divides. By centring the needs and perspectives of all victims, civil society organizations can play a pivotal role in dismantling the cycles of violence and impunity that have plagued the country. Their continued efforts, despite the risks and challenges, are essential to breaking the patterns of denial and inaction that have allowed perpetrators to evade accountability.

The role of the international community

To this end, the international community must take decisive action to hold the Ethiopian government and all parties to the conflict accountable for their actions. This includes the imposition of targeted sanctions on individuals and entities responsible for the commission of war crimes, crimes against humanity, and other gross human rights violations. It must also involve the provision of robust support and resources to independent investigative mechanisms and civil society organizations working to document and expose the truth. Only then can we begin to restore the dignity and humanity that have been so cruelly taken from the people of Ethiopia and ensure that their voices and their stories are never again silenced or forgotten.

Moreover, the international community must use its diplomatic and economic leverage to pressure the Ethiopian government to engage in a genuine and inclusive process of transitional justice. This means not only investigating and prosecuting those responsible for atrocities but also providing meaningful reparations and support for victims and their communities. Crucially, this process must be driven by the voices and experiences of all affected groups, including marginalized communities and those who have traditionally been excluded from the pursuit of justice. Only by putting the needs and perspectives of the victims at the centre of efforts to end the bloodshed can the international community hope to achieve a lasting and equitable resolution to the conflicts in Ethiopia.

The time for empty rhetoric and half-measures has passed. The people of Ethiopia deserve true justice, accountability, and a future free from the spectre of violence and oppression. It is time for the international community to fulfil its moral and legal obligations and to stand in solidarity with the victims of these horrific crimes.

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