JUDICIAL INDEPENDENCE AND THE PROTECTION AND ENFORCEMENT OF HUMAN RIGHTS IN FEDERAL COURTS IN ETHIOPIA: THE NEED TO WALK THE CONSTITUTIONAL TALK

Abstract

This article examines the role of the Ethiopian federal judiciary in the protection and enforcement of human rights from the perspective of judicial independence. Specifically, it examines the interplay between judicial independence and the protection of human rights and the implications of the manifestations of institutional and personal independence of the judiciary on the role of courts in the enforcement and protection of human rights. The article mainly uses the relevant literature, the relevant laws (domestic legislation, treaties, and international jurisprudence), concluding observations and recommendations of different human rights monitoring bodies, recommendations of the Ethiopian Human Rights Commission, internationally and regionally accepted legal principles, standards, and guidelines, different documents, and empirical data collected through interviews and focus group discussions as sources of data. The interviews and focus group discussions involved federal court judges, public prosecutors, and attorneys. A thorough examination of the law and the collected and analyzed data reveals that the institutional and personal independence of the federal judiciary is not protected in law and practice. As a result, federal courts cannot play a significant role in the
adjudication and enforcement of human rights in Ethiopia.