The International Bar Association’s (IBA) report in support of the Ethiopian justice system reform is sent to the country’s Prime Minister and Attorney General.
LONDON (IBA) – As the Federal Democratic Republic of Ethiopia reforms its justice system, the Chair of the International Bar Association Bar Issues Commission (IBA BIC), Dr. Péter Köves, has sent a report to Ethiopian Prime Minister Abiy Ahmed Ali and new Attorney General, Adanech Abebe, in support of the changes. These reforms have so far included:
- a revised anti-terrorism law;
- a more liberal media law;
- a law to guide future elections; and
- a new law to strengthen freedom of association.
Translated into Amharic, the IBA BIC report, Independence of the Lawyer Profession in Ethiopia, is a continuation of IBA support for the legal reform process.
Authored by IBA BIC Regional Consultant Dr. Cord Bruegmann, the report sets out what the IBA BIC considers to be the minimum requirements for establishing a solid framework of self-determined and cooperative lawyers, including the:
- independence of the individual lawyer;
- independent regulation of lawyers via a stable mandatory bar;
- independent supervision of decisions and measures of the regulatory institution(s);
- establishment of rules and principles that form a regulated code of conduct; and
- allowing the establishment of law firms.
In addition, the report includes references to legal instruments that establish and educate the work of independent lawyers, including the United Nations 1990 Basic Principles on the Role of Lawyers, and the African Commission on Human and Peoples’ Rights’ 2003 Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa.
Since 2018, at the request of the Ethiopian Lawyers’ Association (ELA), the IBA BIC has provided expert advice and recommendations to a working group of the government-appointed Advisory Council for Law and Justice Reform (AC), tasked with researching lawyers’ best practice examples from other jurisdictions and preparing a draft statute for reform of the Ethiopian justice system.
In April 2019, an IBA BIC delegation visited Ethiopia and conducted stakeholder workshops and meetings in Addis Ababa and further afield. In addition, the report’s author, Dr. Bruegmann, also held discussions with academics, lawyers, federal and regional government representatives, members of the judiciary, the private sector and representatives of civil society organizations, on the challenges facing lawyers in Ethiopia. In August 2019, the AC’s draft statute was submitted to Ethiopia’s then Attorney General. However, in December 2019, the Attorney General unexpectedly presented an alternative draft proclamation. Both drafts are yet to be presented to the Council of Ministers.
Dr. Köves, stated in the report: ‘The IBA wants to congratulate the persons and institutions involved in the process to strengthen the independence of lawyers in Ethiopia so far. The IBA also wishes to voice concern over setbacks to the process, but remains confident that with the changes necessary from an international legal and best standards perspective, significant steps towards the independence of the profession can be reached: thus access to justice, democratization, economic stability and the rule of law can be improved.’
Ethiopia has undergone considerable reform to move towards democratization and a more open society under the new leadership of Prime Minister Dr. Abiy Ahmed, who entered office in April 2018. He has initiated an ambitious program of reforms in order to build a legislative framework for modernizing, democratizing and strengthening those institutions relevant for an open society. These reforms have included efforts to address corruption and discrimination in the justice sector.
Dr. Köves stated: ‘The IBA is willing to support the process and to provide assistance for the steps to come, be it in further assisting the ELA and the working group, or in discussions with the Ethiopian government.’
Download report in English Download report in Amharic
Source: IBA