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The Shenanigans of small town justice in Ethiopia

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I intended to write this piece under the benign title “The Beauty of Small Town Justice in Ethiopia,” but I couldn’t dwell on the beauty for long, as it would oversimplify a serious threat to the country’s justice administration system—hence the shenanigans!

Ideally, the case flow chart of any judicial system is pyramidal, with the assumption that the original jurisdiction of courts is wider at the lower courts and narrows to a point of near nonexistence at the apex. Thus, the absence of any original jurisdiction (first instance) for Federal Supreme Courts isn’t implied but expressly noted, if not for the elusive qualifier ‘provided by other laws.’ Note also that the civil material jurisdiction of Federal Higher Courts is limited to amounts exceeding one million birr.

First Instance Justice

I wonder if folks are aware that the Federal Supreme Court delivers, or rather is expected to deliver, an annual State of the Judiciary Report. Along with the accessibility of Cassation decisions establishing what the initiated call ‘ratio decidendi,’ the State of the Judiciary Report is a commendable effort, though I have zero clue if the post-2022 report has been released. There are attempts by regional courts to adopt the practice as well, but I would prefer the State of the Judiciary Report be released independently of the ‘Performance Report.’

Never mind, that is beside the point. The thing is, if you find yourself in any one of the first instance courts in the country, chances are you will be taught a lesson or two you will never forget. The beauty of it is the level of informality that makes one feel at ease, if not at home. You wouldn’t believe the significance of this welcoming gesture to a party seeking justice from the blindfolded, sword-wielding, and scale-balancing courts of law. In a way, the fundamental right to ‘access justice’ is better guaranteed at lower courts, with their closer affinity to the community, than the ‘supercilious’ and extremely dignified higher courts.

That is, in a way, the beauty of first instance justice. The downside is that, in most instances, rights and obligations defined by law and juridical acts take secondary importance. First and foremost, justice is rendered by a sense of empathy and on grounds of other less lofty causes. Once the verdict is framed in this way, the ‘pertinent law’ is sought to justify it. “You will always find one, if you seek it,” it is said.

Another painful downside is the inability to bridge the local language barrier. If you don’t speak the local language, you are made to feel guilty. Invariably and instinctively, petitioners sometimes choose to hold their tongues, perhaps fearing anything they say will be held against them.

Even in this regard, that sense of familiarity occasionally comes to the rescue. I remember an incident where the lawyer of the other party protested the judge’s inadvertent slip into the local language after learning the representative of his adversary was tone deaf to the Gedeo tongue.

Thus, maximum resources should be allocated to lower first instance courts, which are by far more widely accessed by the multitude. Once you are denied justice at the first instance, your further journey to have the verdict quashed is costly both emotionally and financially.

Do you know what I would like to find in the State of the Judiciary Reports more than the usual increased rates and reduced ratios (you know, the customary reports of increased clearance rates, decreased congestion, and backlog ratios)? Hands-on findings on the questions of credibility, accessibility, and independence of the judiciary!

Appeal is Preferred as a Matter of Standard Procedure

Until recently, the Federal Supreme Court resembled the notorious long-distance transport hub in the heart of the city. The tendency to take a case from a Woreda first instance court all the way to the federal cassation bench must have clogged the arteries of the higher courts.

The supposed pyramidal flow of cases has virtually become rectangular. It is nothing less than a miracle to survive this flush flood on a regular basis with a decreased number of judges at higher levels. I haven’t come across any systematically computed figures, but as High Courts have concurrent first instance and appellate jurisdiction, it is natural that they are overwhelmed by cases.

Here is a simple example: the number of judges at the Federal Supreme Court is set at eleven. These eleven justices are expected to handle cases originating in eleven regions and two chartered city administrations, with a combined population of more than 120 million people.

In the United States, the formidable and insufferable nine old men (Justices of the Federal Supreme Court) are public figures with rock star notoriety among the American public and beyond. For obvious reasons, to this day, most African lawyers are awed and inspired by Justice Clarence Thomas—singled out and chosen by the color of his skin and his conservative demeanor. I know the days of the nine old men are gone, and the bench has gone a little more politically correct since.

What I am trying to say is, however much judges are bereft of the power to write laws under the Continental system, justices of the Federal Supreme Court are the ultimate judicial voice of the land. As such, we should be able to know them, their credentials and publications, their respective takes on definitive legal issues and questions.

They mustn’t be primarily preoccupied with the routine task of handling and rectifying the shenanigans of lower first instance courts.

Donations-Entailing the Foreign Agent Clause

By way of disclaimer, this is not a reference to the laws pertaining to NGOs and the media made notorious in Russia and Georgia, nor the government of the EPRDF.

A couple of years ago, the Federal Supreme Court’s Strategic Plan came out reading like any one of the corresponding plans of the line ministries. It was founded and aligned with the GTP adopted by the existing government of the FDRE. A few pages down, it talked about the independence of the judiciary in the customary noble terms. It wasn’t a good read, nah, it wasn’t.

At any rate, judicial independence shouldn’t be construed to imply independence from the executive branch of government alone. Independence from the invisible long arms of the benevolent ‘donor community’ should also be ensured. Almost all judicial reform programs are sponsored by donor agencies that make no pretense of their ulterior motives.

In almost all small-town justice halls, one comes across a freshly whitewashed adjacent building bearing the logos and colors of USAID, the Open Society Foundation, or the Bill & Melinda Gates Foundation. Their declared purpose? Sponsoring and running pro bono legal aid clinics. I have no problem with that, though I didn’t know ‘pro bono’ could be financially sponsored as such.

What makes one uneasy is the tendency of the donor agencies becoming sine qua non to undertake any kind of justice administration reform. I wouldn’t feel the judiciary is indeed independent if more than 20% of its budget or programs are underwritten by donor agencies.

God bless.

You can reach the writer via (estefanoussamuel@yahoo.com)

Deal or no deal

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Cultural habits influence the way people observe rules and regulations. In so called universalist societies, the rules apply to everybody, no exceptions. Exceptions are resisted because allowing for exceptions might weaken the rule and there is a concern that once you begin allowing for exceptions, the system will collapse.

In a particularist society, much like Ethiopia, there is room to allow for the exceptional nature of circumstances and for personal relationships to influence the application of the rules.

Interestingly enough, people from both different cultures tend to think that the other cannot be trusted. A universalist will say of particularists that they cannot be trusted because they will always allow for the exceptions and help people they know. A particularist on the other hand will say of universalists that they cannot be trusted because they would not even help a friend.

It would be interesting to consider where you stand as an individual and whether your cultural background matches common practice in society at large. Your cultural positioning would explain whether or not you feel comfortable in daily matters and your business dealings.

Now, contracts serve to record an agreement on principle and codifies what the respective parties have promised to do. It also implies consent to the agreement and provides recourse if the parties do not keep their side of the deal. In other words, a contract describes the deal between two parties as well as what repercussions there will be in case the deal is not respected by any of the two parties.

Much as it is common in Ethiopia to regard a contract as an intention to be renegotiated the moment circumstances change, as is to be expected in a particularist culture, the actual legal implications are more of a universalist nature. This contradiction is observed more often in countries where constitutions are derived from foreign models and it is no wonder that the implementation of rules and regulations is subject to different interpretations. In other words, if a dispute over a contract is taken to court, the contents of the contract will be taken more literally than the signing party had perhaps intended.

It is therefore wise to take contracts more serious than is often done and to make sure that your interests are included in it. More often than not a contract is drawn up by the party, who has more experience in dealing with third parties and contracts are usually derived from models used earlier. The language used is often complicated and intimidating, and there is a chance that the weaker party will sign without fully understanding what the implications are or making sure that his/her interests are well described.

Examples are found in employment contracts, housing contracts and sales. And while the employee, tenant and client are eager to sign and get the deal they so long looked for, they may end up in a weaker position than was necessary. What to do? Here follow some suggestions.

In the first place it is important to sit down and try and define what you want out of the deal you are about to make. Easy as it sounds, it is surprising how difficult it often is to describe exactly what you want. It is helpful to ask yourself some questions like:

  • What are you actually looking for? What product or service will improve the quality of your life or your business? When you are looking to rent a house or office space for example, what are the minimum requirements in terms of space, location, facilities, quality and maintenance? Once you know what you are looking for, your search will be focused and it becomes easy to say “no” to what doesn’t meet your minimum requirements.
  • What can you afford? While prices follow market trends, this is not to say that you need to follow suit. There is a limit to anybody’s budget and it is important to set that limit. Defining the range that you are willing and able to pay for the services or product you are looking for provides you with a framework within which to negotiate. Again, it becomes easy to say “no” once the costs are beyond the limits that you set for yourself.
  • For how long do you require the services or product you are looking for? It is important to set a timeframe and include a minimum period for example when renting premises. One year contracts are common but are not in your interest. Try and negotiate for longer periods as this will allow for less stress and uncertainty.
  • What are the advantages and the disadvantages of the deal that is being offered? It is interesting to note that while somebody eagerly wants something, the disadvantages are easily brushed aside. Often, the client ends up with less value for money than was necessary.

Secondly, get a second opinion. Ask around and be informed. Find people in your social circles whom you can trust and who are able to advise you. And if you can afford it, personally or in your business, hire the services of a lawyer or consultant, and get expert advice on matters you are not an expert in yourself.

Thirdly, include conditions in the contract that will protect your interests. Write them down, put them on the table and have them included in the contract. Don’t accept the excuse that the standard contract normally doesn’t include your issues. You should not sign until you are confident that your interests are represented.

As mentioned earlier, contracts are often drawn up in complicated language. Ask yourself whether you understand the rest of the contract. If not, ask for an explanation, negotiate if necessary and have the issue written down in a way that is understood by both parties.

Finally, know what the consequences are for not sticking to the deal. You need to understand for yourself and accept what the consequences will be in case you or the other party want out. Don’t take this lightly. If the consequences are too light, the chance for the contract to be broken is higher, putting you at more risk than necessary, which is what you want to avoid in the first place.          

Remember, a contract is an agreement between two parties and you are responsible yourself for making sure that your own interests are protected. Don’t expect the other party to do that for you.

Ton Haverkort

Globalization and Ideologies

The subjective framework of globalization primarily includes knowledge and ideology. Indeed, the power of globalization orients the development of dominant knowledge. And knowledge about globalization is, in turn, represented as ideology which is a way of interpreting the world and for contemplating strategies of action. As many contemporary scholars suggested, there are ways in which some exemplar ideological works frame agendas for globalization and alter globalization.

The first one is the centrist neoliberal thinking whichis first reflected in the  World Bank Policy Research Report titled “Globalization, Growth, and Poverty: Building an Inclusive World Economy”, and Nicholas Stern, Chief Economist and Senior Vice President at the bank was known as its chief proponent.  In this study, the point of departure is that globalization corresponds to increasing integration of economies and societies throughout the world. The main contention is that in most cases, globalization reduces poverty and lessens inequality among countries though, on average, not necessarily within countries. The report emphasizes that globalization produces winners and losers within each society.

The report notes that there is no single model of success, thereby recognizing that the policy agendas must be custom-fitted. Disavowing nationalism and protectionism, the World Bank forthrightly states that, “there are no anti-global victories to report for the postwar Third World. We infer that this is because freer trade stimulates growth in Third World economies”.

On balance, this study signals a shift from the old orthodoxy. Among the important revisions in neoliberal thinking is a frank recognition of persistent marginalization concomitant to globalization, though, for the bank, marginalization is a descriptive statistical category, not a dynamic concept that turns on competing social forces. There is also acknowledgment that the state can provide elements of social protection; it may play an enabling role, as in the world’s two most populous countries, China and India, both of which, in different ways, have sustained large-scale economic growth.

The “Reformist neoliberals” grouptakes issue with centrist ideas and powerful institutions that convey them. These policy intellectuals participate in multiple networks: the lecture circuit, which goes along with quasi-celebrity status; the media industry; venues such as the World Economic Forum (WEF), where they interact with the top members of the corporate and political establishment; and research institutes at some of the world’s highly endowed universities, which afford material support and are largely United States based.

Noteworthy, however, is that a handful of leading economists, technically sophisticated masters of the neoclassical trade though not uniform in their views, such as Joseph Stiglitz, Dani Rodrik, Paul Krugman, and Jeffrey Sachs, have dissented from aspects of orthodox neoliberal globalization. Some of them collaborate in Stiglitz’s Initiative for Policy Dialogue, a global network of social scientists established in 2000. Drawing together select experts from around the world, its mission is to explore economic policy alternatives for developing and transition countries and to improve official decision making on economic issues.

They also published scholarly articles and books by like minded economic experts and leaders. This institution reportedly published in a book entitled “Good Growth in Africa: Rethinking Development Strategies” in which our late Prime Minister Meles Zenawi wrote a scholarly article under the title “States and Markets: Neoliberal Limitations and the case for a Developmental State”. As one of the proponent of this group, Meles presented a theoretical criticism of the neo-liberal paradigm prescriptions regarding the role of the state in the economy.

The late Prime Minister Meles argued that the political and economic renaissance of Africa is an issue that continues to preoccupy Africans and non-Africans alike. For this effect, various methods of achieving such a renaissance have been proposed, mostly variations of the dominant neoliberal paradigm of development. For Meles, the neo-liberal paradigm is a dead end incapable of bringing about the African renaissance, and that a fundamental shift in paradigm is required to effect a revival.

Joseph Stiglitz, the former Senior Vice President and Chief Economist at the World Bank, winner of the 2001 Nobel Prize in economics, and now a professor at Columbia University, offers an insider’s view into core institutions and ideas that drive the globalization agenda. In explaining why globalization does not work for a multitude of people, particularly in the developing world, Stiglitz in his book entitled “Globalization and Its Discontents”,constructs a multilevel analysis of globalization that focuses on economic integration, international economic institutions, the interests of the financial and corporate community, state structures, social stratification, values, and the system of capitalism itself.

The “Historical-materialist transformers” ideological group, in marked contrast, has sought to reinterpret the ideas of capitalism and to restructure this globalizing system. The most prominent in this group is William K. Tabb, a professor at the City University of New York who has sought to extend Marxist understanding.

Pointing out that the media shape consciousness and provide ‘an ideological context’ for globalizing dynamics, his analysis nevertheless, and surprisingly, subscribes to some key representations in the public discourse, such as the notions of a ‘global village’ and an ‘anti-globalization campaign’. However, William Tabb, unlike the exemplar authors cited above, offers a vigorous critique of globalizing capitalism, and probes the very parameters within which national and international institutions operate. He holds that neoliberal globalization is chiefly a political phenomenon.

The “Development transformism” group is spearheaded byMartin Khor, who directs the Third World Network, a Malaysian-based NGO that works to understand and influence policy. His book “Rethinking Globalization” focuses on the developing countries, many of them small and fragile actors that have experienced a reduction in policy latitude and an erosion of sovereignty and of local ownership in the national economy.

For Khor, globalization is not a totally new process, but one that has accelerated rapidly in the last few decades. He holds that a hallmark of this period is increasing inequalities among and within countries, and these divides are associated with globalizing forces. According to Khor, globalization and the whole complex of ideas associated with the neoliberal framework have contributed powerfully to the vulnerabilities of the South. The mechanisms include loan conditionalities, fluctuations in commodity prices and terms of trade, and the volatility of shortterm capital flows.

In sum, neoliberal globalization may be grasped in terms of its inter-subjective dimensions and transnational networks as they relate to political and material interests. Today, ideological consensus is increasingly contested and weakening. The fissures are widening. For diverse stakeholders, the challenge is to remake globalization into an ideology of emancipationfor the many, not the few. Requisite to this task are not only new ideas but also countervailing power. Indeed, as demonstrated above, there is a substantial emergence of alternative sets of ideas which are very different perspectives on a desirable globalization agenda. Ultimately, this contestation is a question of whose agenda will win out in the political strife. It comes down to a matter of reconciling core ideas and control of the globalization agenda.

Among the competing agendas, common ground exists, at least on one point. The contemporary era is marked by a bundling of neoliberalism and globalization. However, there is disagreement about what inference to draw from this convergence. Some ideologists clearly favor tightening the bundle, whereas others advocate an unbundling of neoliberalism and globalization. Rethinking the debate over ideas thus shifts the globalization discourse from linking to delinking globalization and the neoliberal framework. Sequentially, delinking would be tied to relinking economic reform and social policy.

But this dimension of alter globalization is partial. The goal worth pursuing is to search for new philosophical principles that could help imagine options, guide policy, and inform strategies tailor-made for distinctive contexts. Even if there is no one best way to harness globalization so that it provides for both economic gains and social equity, surely much greater overall vision is still required. The vision would come from not only ideological leaders at the top but also from the base, where civil society is mounting pressure for alter globalization.

Tigist Assefa’s World Marathon Record ratified

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Tigist Assefa’s world marathon record of 2:11:53 set in Berlin last year has been ratified by World Athletics. The Ethiopian smashed the previous mark by more Than two minutes at the BMW Berlin Marathon on 24 September, becoming the first woman to run inside 2:13 and 2:12, and erasing the world record of 2:14:04 that had been set by Kenya’s Brigid Kosgei in Chicago on 13 October 2019.

During Assefa’s record-breaking run, a large pack of the leading contenders ran together through the early stages, passing through 5km in 15:58. 13 women were still in contact with the lead as they reached 10km in 31:45. By 15km, reached in 47:26, Assefa and compatriot Workenesh Edesa had managed to open up a slight gap.

Less than two kilometres later, Assefa was alone out in front and she went on to reach the half-way stage in 1:06:20, comfortably inside the world record pace.

Assefa, still looking incredibly relaxed and composed, covered the 25-35km section in a remarkable 31:02. Spurred on by the Knowledge that the world record was in the bag, Assefa picked up her pace in the closing kilometres and charged through the finish line in 2:11:53.

“I hope that my performance will be motivation for young women athletes in Ethiopia and that the world record one year before the Olympic Games give our country a boost for Paris,” said Assefa.