UNIT NINE: INSTITUTIONAL FRAMEWORK IN ETHIOPIA
Unit Objectives
Compare federal and state legal institutions
Analyze the powers of regional institutions
Explain conflict of power resolution mechanisms.
Evaluate Ethiopia’s administration of justice.
9.1 Federal Institutions & Responsibilities
9.1.1 Federal Legislature
House of Peoples’ Representatives (HoPR):
o 550 members max, 5-year term, population-based election.
o 20 seats reserved for minorities.
o Powers:
Land/natural resource use, interstate/foreign trade, transport, telecom.
Electoral laws, immigration, patents, penal/commercial codes.
National defense, state of emergency, taxation, international agreements.
Judicial/executive appointments, human rights laws.
House of Federation (HoF):
o Represents nations/nationalities, 5-year term.
o Powers:
Constitutional interpretation (final authority).
Organizes Council of Constitutional Inquiry.
Self-determination rights, revenue division, federal intervention in states.
9.1.2 Federal Judicial Organs
Key Principles:
o Judiciary independence; no ad hoc courts.
o Judges removable only for misconduct/incompetence (via Federal Judicial Council).
Court Structure:
o Federal Supreme Court (highest tier).
o Federal High Courts & First Instance Courts.
o Jurisdiction delegated to state courts in some cases.
o Federal Shari’a Courts handle marital/personal law under Shari’a.
o Recognition of religious/customary courts.
Common Jurisdiction (Federal Courts):
o Criminal: Offenses against the state, foreign entities, fiscal crimes, counterfeiting, aviation safety,
drug trafficking, inter-group conflicts.
o Civil: Federal laws, cross-regional disputes, high-value federal property cases.
B) Common Civil Jurisdiction of Federal Courts
Cases involving federal government organs as parties.
Disputes between residents of different regions.
Liability suits against federal officials for official duties.
Cases with foreign nationals or matters of nationality.
Business disputes under federal jurisdiction (e.g., patents, copyrights).
Insurance policy disputes.
Habeas corpus applications.
II) Municipality Courts
Established under Proclamation No. 361/2003 (e.g., Addis Ababa).
Handle minor offenses (e.g., traffic violations).
Prosecution units for petty offenses.
Expansion planned to other regions.
III) Federal Civil Service Tribunal
Quasi-judicial body for federal employee grievances.
Authority to enforce decisions after internal remedies exhausted.
Regular courts handle legal disputes arising from tribunal rulings.
Regional equivalents exist.
9.1.3 The Executive Organ (Justice Sector Focus)
A) Federal Prosecution Organs
I) Ministry of Justice (MoJ)
Key Roles:
o Chief legal advisor to the federal government.
o Prosecutes federal crimes; represents government in civil cases.
o Oversees investigations, witness protection, victim assistance.
o Drafts laws, legal education, human rights advocacy.
o Licenses advocates; codifies/consolidates laws.
II) Federal Ethics & Anti-Corruption Commission
Investigates/prosecutes corruption and ethics violations
Regional counterparts emerging.
III) Special Prosecution Office
Temporary body for genocide/crimes against humanity by former regime officials.
Disbands after case resolutions.
IV) Ethiopian Revenues & Customs Prosecution
Investigates/prosecutes tax/customs crimes (Proclamation No. 587/2008).
Delegates powers to regions as needed.
V) Federal Police
Functions (Proclamation No. 313/2003):
o Investigates federal crimes; prevents constitutional violations.
o Combats terrorism, drug trafficking, interstate security threats.
o Protects federal institutions, borders, and VIPs.
o Executes court orders; collaborates with regional/international police.
C) Federal Prisons Administration
Roles (Proclamation No. 365/2003):
o Implements federal court sentences; reforms/rehabilitates prisoners.
o Provides education, vocational training, and counseling.
o Manages prisoner transfers, parole recommendations, and nationwide data.
D) Justice & Legal System Research Institute
o Enhances legal education and training.
9.2 State Institutions
9.2.1 State Councils
Exercise exclusive legislative power on state matters (per Constitution).
Key Powers:
o Enact state constitutions, civil service laws, and family laws.
o Levy income taxes (within state/federal joint jurisdiction).
o Regulate criminal laws not covered by federal statutes.
9.2.2 State Courts
Structure: Supreme, High, and Woreda/First Instance Courts.
Exercise state judicial authority and delegated federal jurisdiction.
9.2.3 Regional Justice Bureaus
Prosecute state-level crimes (analogous to Federal MoJ).
Oversee Shari’a Courts for marital/personal law under Shari’a.
9.2.4 State Police Commissions
Investigate state crimes; collaborate with Federal Police on federal cases.
Functions mirror Federal Police (e.g., maintaining public order).
9.2.5 State Prisons Administrations
Enforce state court judgments; rehabilitate prisoners.
Powers align with Federal Prisons Administration (e.g., education, parole recommendations).
9.3 Conflict of Powers: Federal vs. Regional States
Concurrent Jurisdiction (e.g., taxation, land, policing under Arts. 51, 52, 55 FDRE Constitution).
Conflict Resolution:
o No explicit constitutional mechanism.
o Regional laws must align with federal laws (e.g., land administration).
o Regional executives implement federal laws (per state constitutions).
9.4 Administration of Justice in Ethiopia
Challenges:
1. Public Trust: "Thirst for justice" unmet due to systemic inefficiencies.
2. Crime Prevention: Lack of coherent policies/modern methods.
3. Prosecution Policy: Absence of unified guidelines (vs. EU models).
4. Siloed Agencies: Poor coordination among police, courts, prisons, law schools.
5. Investigation Issues:
o Non-professionals conducting investigations.
o Weak prosecutor-investigator collaboration.
6. Prosecutor Misconduct:
o Overcharging (ignoring Criminal Procedure Code Art. 42).
o Lack of transparency/accountability.
o Impunity
Role of Courts:
Uphold rule of law and rights protections (Constitution preamble).
Adjudicate disputes to balance state power and individual rights.
Conclusion
Federal & State Institutions: Parallel legislative, executive, judicial powers.
Concurrent Powers: Require harmonization to avoid conflicts.
Justice System Reforms Needed:
o Professionalize investigations.
o Strengthen inter-agency coordination.
o Adopt prosecution policies & modern criminology techniques
Assignment: Written assignment: 5% and Presentation: 20%
1. Identify, list and understand the jurisdictions of all courts, House of the Federations, and other bodies with
quasi-judicial mandate. (15%)
2. Which specific laws and provisions talk about the Jurisdictions of Federal courts (first instance, high, supreme
and cassation bench), regional courts (first instance, high, supreme and cassation bench), city courts (first
instance, high, supreme and cassation bench) (10%)
3. If the domestic remedy is exhausted where can somebody take his/her/its case? (5%) identify the legal
grounds, list the specific provisions and understand them
Deadline: at the end of the class for the year but before grade submission
Purpose: familiarizing students with laws/jurisdictions of courts so that they will learn both institutional
frameworks as per chapter nine but they also retain the knowledge for the procedural classes and use them forever.
