The World Justice Project (WJP) has published its fourth report – the 2014 Rule of Law Index. This year
, WJP’s indices have paid attention to situations in 99 countries in all regions.
Its founder and CEO William H. Neukom says, “The rule of law is the foundation for communities of opportunity and equity — it is the predicate for the eradication of poverty, violence, corruption, pandemics, and other threats to civil society.”
, WJP’s indices have paid attention to situations in 99 countries in all regions.Its founder and CEO William H
. Neukom says, “The rule of law is the foundation for communities of opportunity and equity — it is the predicate for the eradication of poverty, violence, corruption, pandemics, and other threats to civil society.”
WJP researchers claim that the project uses a working definition of the rule of law, based on four universal principles. These are derived from internationally accepted standards, the principles of which uphold:
of law, based on four universal principles. These are derived from internationally accepted standards, the principles of which uphold:
1. The government and its officials are agents as well as individuals and private entities are accountable under the law.
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2. The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property.
are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property.
3. The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient
by which the laws are enacted, administered, and enforced is accessible, fair, and efficient
4. Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number and have adequate resources, and reflect the make-up of the communities they serve.
, and independent representatives and neutrals who are of sufficient number and have adequate resources, and reflect the make-up of the communities they serve.
Viewed through the prism of these four, nine aggregate indicators (factors) (listed below) and 47 specific standards, Ethiopia’s performance is very bad, ranking globally 88th out of 99 states.
) and 47 specific standards, Ethiopia’s performance is very bad, ranking globally 88th out of 99 states.
This overall ranking in the rule of law is calculated by taking average of the eight factors listed below, with amplifications.
of law is calculated by taking average of the eight factors listed below, with amplifications.
Surely, for Ethiopian citizens this would not come as a surprise or news something they have known in their daily lives. Above all, there is no better witness than national and individual experiences.
Similarly, among the 18 Sub-Saharan African states that are looked in the currentreport, Ethiopia is ranked 17th of 18 the 18 states assessed from the region. While Botswana is graded top, Zimbabwe is placed at the bottom.
report, Ethiopia is ranked 17th of 18 the 18 states assessed from the region. While Botswana is graded top, Zimbabwe is placed at the bottom.
List of the eight factors and their explanations is presented hereunder.
and their explanations is presented hereunder.
The following few paragraphs discuss Ethiopia’s performance along these eight factors.
few paragraphs discuss Ethiopia’s performance along these eight factors.How has Ethiopia survived assessment of government accountability?
What this assess is the effectiveness of the institutional checks on government power. A simple confirmation that this assessment of Ethiopia is valid is the fact that throughout the years, government in Ethiopia has been above the law.
law.
For instance, if we simply take the financial and budgetary planning, implementation and management, the country’s audit reports have clearly shown, including this year, that the performance of those tasked with oversight, inspection and review of the functioning of state agencies worryingly is going from bad to worse.
, that the performance of those tasked with oversight, inspection and review of the functioning of state agencies worryingly is going from bad to worse.
Parliaments and courts have no power over the miscreants in power. Therefore, Ethiopia under the TPLF has been no man’s land.
Moreover, in a country where non-governmental organizations are out of existence – savethose the TPLF has established as its fronts. In addition, the country’s media, better call it TPLF propaganda machine, not only is muzzled but also good journalists with every passing year are being sent to prison under long-term sentences.
those the TPLF has established as its fronts. In addition, the country’s media, better call it TPLF propaganda machine, not only is muzzled but also good journalists with every passing year are being sent to prison under long-term sentences.
The TPLF calculus has made sure that, with its abuses, civil society is terrorized with fear of prisons and the tortures and thus is kept mum.
is terrorized with fear of prisons and the tortures and thus is kept mum.
In the light of this, it is reasonable to conclude that government accountability is non-existent in Ethiopia.
of this, it is reasonable to conclude that government accountability is non-existent in Ethiopia.
Consequently, the TPLF regime – masquerading in the name of Ethiopia – has been ranked 91st on the metrics of constraints on government powers.
Incidentally, this factor is one of the two areas in which states from Sub-Saharan Africa have shown improved performance, except Ethiopia.
Absence of corruption
In the past several years, Ethiopia’s image has been soiled – largely thanks to corrupt TPLF officials – civil and military. For them, Ethiopia has become a cow they should illegally milk, plunder its resources and siphon off its scarce financial resources to foreign banks. Therefore, in the eyes of the rest of the world, Ethiopia has increasingly come moved from the most prudent to one of the most corrupt countries.
the world, Ethiopia has increasingly come moved from the most prudent to one of the most corrupt countries.
Accordingly, on this scale it has been ranked 56 out of 99 states.
To put it mildly, I must state here that there was inadequate energy exerted by WJP experts in examining the data, the records and the practices of the Ethiopian regime in this regard. At the same time, I note that the experts have tried to justify their conclusions, with claim that they have only considered corruption as bribery, improper influence by public or private interests, and misappropriation of public funds or other resources (embezzlement).
, I note that the experts have tried to justify their conclusions, with claim that they have only considered corruption as bribery, improper influence by public or private interests, and misappropriation of public funds or other resources (embezzlement).
Even if they have no way of considering that the regime in power is capable of selling the nation’s sovereignty and its long-term interests, a more thorough assessment is in order, lest the current ranking misconstrued an over-estimation, possible distant sign of ‘innocence’ in the regime.
ranking misconstrued an over-estimation, possible distant sign of ‘innocence’ in the regime.Open government
While extremely secretive in national administration, which has made Ethiopia a nation where rules change in mid-stream to facilitate interests of those in power, the Ethiopian regime has been sized up reasonably as 94th out of 99 states.
The open government factor assesses “the extent to which the society has clear, publicized, accessible, and stable laws; whether administrative proceedings are open to public participation; and whether official information, including drafts of laws and regulations, is available to the public.”
government factor assesses “the extent to which the society has clear, publicized, accessible, and stable laws; whether administrative proceedings are open to public participation; and whether official information, including drafts of laws and regulations, is available to the public.”
Interestingly, the WJP experts intimate that during the past few years, governments aroundthe world have taken new steps to become more open, transparent and responsive and participatory.
have taken new steps to become more open, transparent and responsive and participatory.
That not being the case in Ethiopia, only last Sunday (May 5) Addis Abebans were in mass out in the streets in a protest rally, declaring the day “የእሪታ ቀን” – literally a day of wailing to the gods and the world – to protest the prevailing bad governance in the country and nepotism.
and nepotism.Fundamental rights
Ethiopia stands as the 94th country, lacking commitment to or respect for the Universal Declaration of Human Rights. In this assessment, WJP Rule of Law Index is looking to see how countries uphold and protect the rights and freedoms of human beings that are firmly established under international law.
that are firmly established under international law.
“These include the right to equal treatment and the absence of discrimination; the right to life and security of the person; due process of law and rights of the accused; freedom of opinion and expression; freedom of belief and religion; the absence of arbitrary interference with privacy; freedom of assembly and association; and the protection of fundamental labor rights.”
to equal treatment and the absence of discrimination; the right to life and security of the person; due process of law and rights of the accused; freedom of opinion and expression; freedom of belief and religion; the absence of arbitrary interference with privacy; freedom of assembly and association; and the protection of fundamental labor rights.”
A band of people in power in Ethiopia that give order to security forces to open fire on masses of university students in different parts of the country between April 25 and May 1, instead of overpowering them and taking them to courts of law for possible offences they committed, is no responsible government under any law and standards, save the Third Reich or Mussolini’s Fascist Party.
between April 25 and May 1, instead of overpowering them and taking them to courts of law for possible offences they committed, is no responsible government under any law and standards, save the Third Reich or Mussolini’s Fascist Party.Order and security
The brutal Ethiopian regime is now made to look reasonable, ranking it as 73rd.
Unfortunately, this is a mistaken assessment of order and security, which seems to justify what authoritarian regimes do – shoot to kill. What is the difference between North Korea and Ethiopia? Does any tourist or nation get troubled by the absence of order and security in Pyongyang? I don’t think so! The Kim Il Sung dynasty has ensured that no North Korean would look up.
The WJP Rule of Law Index assessment, they say, only “measures the absence of three forms of violence: crime — particularly conventional crimes such as homicide, kidnapping, burglary, armed robbery, extortion, and fraud — political violence, including terrorism, armed conflict, and political unrest; and violence as a mean to redress personal grievances, which results from the loss of confidence in the police the criminal justice system.
Nevertheless, the security system of authoritarian leaders create is temporary, only lasting as long as the law of effect, as psychologists would say.
In other words, a better order and security is where the people have stake and are real participants – not forced observers that live with fear and insecurity like endangered animals.
Regulatory Enforcement
Ethiopia’s regulatory environment and the nation’s enforcement capacity is ranked 89th. The purpose of this factor is to assess effectiveness of regulatory enforcement practices of institutions and implementation of laws.
Civil justice
Civil justice
Ethiopia’s civil justice system is ranked 85th. WJP offers an explanation, which is also true for Ethiopia. Here it goes:
“All around the world, people’s ability to use legal channels to resolve their disputes is often impeded by obstacles such as financial barriers, complexity of procedures, corruption of court personnel, influences of powerful parties in judicial decision making, or simply lack of knowledge, disempowerment, and exclusion. These problems, which are not restricted to developing countries, call for more work to ensure that all people have the opportunity to resolve their grievances effectively, impartially, and efficiently through the civil justice system.”
Criminal justice
Interestingly, Ethiopia is ranked 46th in criminal justice system. However, inconsistently with the objectives WJP highlighted, the criminal justice system in Ethiopia is solely intended to intimidate and vindictive as means of protecting those in power or ensuring their continuity. At the same time, their relatives commit crimes and they walk away free, as we have seen repeatedly.
, their relatives commit crimes and they walk away free, as we have seen repeatedly.
What WJP tried to do is try to comparatively assess how systems around the world fulfill the goals of criminal justice. This is to stay how the different systems are adequately “investigating, prosecuting, adjudicating and punishing criminal offenses successfully, reliably and in a timely manner through a system that is impartial and non-discriminatory, as well as free of corruption and improper government influence, all while ensuring that the rights of both the victims and the accused are effectively protected.”
. This is to stay how the different systems are adequately “investigating, prosecuting, adjudicating and punishing criminal offenses successfully, reliably and in a timely manner through a system that is impartial and non-discriminatory, as well as free of corruption and improper government influence, all while ensuring that the rights of both the victims and the accused are effectively protected.”
This point is well taken, but the criminal justice system in Ethiopia is rotten, corrupt, subject to the influences of politics and ethnicity!
in Ethiopia is rotten, corrupt, subject to the influences of politics and ethnicity!
Therefore, the ranking given is not doing justice to the reputation of the Index!
Conclusion
Conclusion
Ethiopia’s performance regarding the rule of law was best described three years ago by JWP as dismal, which is very relevant today.
of law was best described three years ago by JWP as dismal, which is very relevant today.
In comparison with Sub-Saharan African countries, it observed:
“Ethiopia, in comparison with other low-income nations is in the middle of the rankings when it comes to incorporating principles of the rule of law. Accountability is very weak by regional standards (ranking 63rd globally and second to last among low- income nations) and corruption remains. Property rights are weak (ranking 64th). The performance of regulatory agencies and courts is poor, but comparable to other countries in the region. The country has a very poor record in the area of fundamental rights, ranking 65th globally and last in the region. Of greatest concern are restrictions limiting fundamental freedoms, such as the freedom of assembly and the freedom of speech, as well as illegal detentions and due process violations.”
of the rankings when it comes to incorporating principles of the rule of law. Accountability is very weak by regional standards (ranking 63rd globally and second to last among low- income nations) and corruption remains. Property rights are weak (ranking 64th). The performance of regulatory agencies and courts is poor, but comparable to other countries in the region. The country has a very poor record in the area of fundamental rights, ranking 65th globally and last in the region. Of greatest concern are restrictions limiting fundamental freedoms, such as the freedom of assembly and the freedom of speech, as well as illegal detentions and due process violations.”
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