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Observations on Ethiopia’s draft transitional justice policy

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14 March 2024

Addi Ababa, Ethiopia – Ethiopia’s Justice Ministry held workshops on a draft policy to address the country’s history of violence through transitional justice. The policy is a potential step towards peace. Here are 10 key observations about the draft policy.

International experts: The role of international experts in the special court is not highlighted, which could be crucial for public trust.

Criminal accountability: The policy offers amnesty for less culpable individuals in exchange for truth-telling. It’s unclear what happens to those who don’t choose amnesty.

Timeframe: The policy focuses on crimes since 1995, excluding earlier atrocities and creating an accountability gap.

Truth Commission: The Truth Commission’s timeframe is open-ended, which could lead to politicized investigations. The Commission also has a broad mandate, potentially overburdening it.
Amnesty: The policy offers amnesty for some pre-1995 international crimes, contradicting Ethiopia’s obligation to prosecute them.

Extradition: The policy focuses on extradition to hold Ethiopian fugitives and foreign perpetrators accountable. This may be difficult due to limited extradition treaties.

Oversight: The Ethiopian Human Rights Commission and Ministry of Women and Social Affairs are excluded from oversight, which could strengthen the process.

Opposition involvement: The policy doesn’t include opposition political groups, which could foster broader consensus.
Sequencing: The policy lacks a clear implementation sequence, which is crucial for a successful transitional justice process.

The draft policy has the potential to be a major step forward in bringing peace to Ethiopia. However, addressing these 10 observations can make it more effective and inclusive

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