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The court system has been the centre of
attention for the past few weeks passing
judgements on high-profile cases that have
even garnered widespread headlines in the
international press. The recent decisions on
the CUD members and subsequent granting of
amnesty by President Girma W. Girogis, as
well as the Supreme Court's decision on
former TPLF strongman Seeye Abreha, have
captured the scruting of the country.
Last week saw the courts on their own making
news by hitting a milestone in the Court
Administration Reform programmes begun in
1994. Ethiopian courts became the leader in
information technology (IT) implementation
in sub-Saharan Africa by bringing into
operation a three-pronged service package
which greatly enhances the dissemination of
judicial rulings, procedures and progress.
Through a greatly enhanced Website with
powerful search capabilities and a voice
messaging system with automated databases,
citizens are now able to claim a greater
access to crucial court information.
This development that came about on Friday,
August 3, 2007, is a huge achievement for a
court system that has been plagued by
criticisms of lack of accountability,
transparency and independence. The
independence of the judiciary as a branch
that can provide checks and balances to both
the executive and legislative arms
originates from critiques of the system of
appointments by the executive branch that,
for the last 16 years of EPRDF rule since
the downfall of the Derg, produced the
current faces of the courts through one
party's appointments. The various benches
that shaped the current courts and thus
important judicial decisions that interpret
the laws of the land are often criticised
for not being the stalwart protectors of
justice they ought to be.
The refusal of the CUD members to respect
the authority of the courts in their trials
and defend themselves shows that at least
some members of society are convinced the
system is flawed.
Moreover, the efficiency of the courts may
be called into question as delays due to
absentee judges, amongst other reasons, have
been all too common. The 40-plus delays in
the Seeye Abreha is a case in point where a
defendant has languished in prison for too
long while the judicial branch has failed to
perform its functions in a timely manner.
While the conclusion drawn from the IT
introductions should in no way be an
assumption that these deep rooted problems
will now disappear, the monitoring
mechanisms to at least gauge their presence
and cite factual information to criticise
these institutions is now at the fingertips
of more concerned citizens and monitoring
bodies. These newly implemented services
should be looked upon as opportunities and
tools to improve upon a flawed system and
not an end in and of themselves.
For instance, a voice messaging system is
only as good as the implementation of
information updating and the degree of its
comprehensiveness. The ability for people
anywhere with a phone to check on the latest
updates to pending cases will save time for
travel to courts to obtain information and
decrease the information asymmetries that
prevail when those with more access to the
courts gain an upper hand over those without
the ability or means to acquire it. As long
as this information is communicated and
presented in a comprehensive and coherent
manner, it will empower citizens.
As the access to Internet continues to
increase, especially in urban centres where
the courts have a larger presence in dispute
resolution, databases containing court
decisions and procedures give the populace a
better understanding of the system of
justice to which they are accountable. If
the Web search databases are complete and
the information is accurate, litigators and
the public at large will be better informed
of an often dauntingly complicated aspect of
public life. Information about past cases
will be invaluable to determine potential
outcomes and strategies in the present.
Moreover, deepening the availability of
basic information on jurisdiction and
procedural compliance give concerned parties
the power of facts to be informed and engage
responsibly in civil society. Knowing one’s
rights as is possible with a better
understanding of legislation which can now
be searched on the updated court Website is
important in a developing society engaged in
a transition into more systematised
application of authority.
The ability to submit documents to courts
over the Web is a great improvement over the
time consuming process that often seems
unfair and inefficient for service delivery
that occurs when one is necessitated to
enter into any government institution.
Chipping away at the prevailing trend of
physical travel to get anything done in
Ethiopia is positive, especially when coming
from an institution that is meant to dole
out justice. However, it does necessitate a
careful eye to the potential of hacking the
system when submitting sensitive legal
documents.
This project, funded by the Canadian
International Development Agency, has the
prospect to bring about changes in a country
where accurate and complete information is
lacking in too many facets of society. It is
essential that these tools reach their
potential as the public, academics and
organisations use them to hold the judiciary
accountable to the standards outlined in
high-minded rhetoric of institutional goals.
Having a vision such as the Federal Court
"to be and be seen to be more efficient,
effective, independent, accessible and
accountable" looks good on paper, but is
currently far from the wording that comes to
mind when characterising the judiciary.
Detailed studies and examinations of the
courts may now be conducted with greater
ease and accuracy that hopefully will reveal
some of the problems with the courts that
are often suspected but lack factual
evidence.
The recent development must, however, be
kept in perspective as a small step in the
right direction to reform courts as
responsive institutions. Currently, the
information system is only available for the
Federal High Courts and will probably be
used by urban middle and upper classes
possessing the resources and know-how to
acquire and process this type of
information. The questions and limitations
involving access discrepancies, though often
unavoidable in the short-run, should come to
mind when a new system is introduced that
has the potential to level the playing
field.
The process by which the new IT system is
implemented and extended to cover the other
700-plus courts at the lower levels and to
be available in other languages should be
expedited. Moreover, the glitches
experienced and search engines that were
unavailable or unsatisfactory upon this
newspaper's examination of the site must be
remedied continuously.
Other government institutions should view
the initiatives in the court IT systems as
an act to follow. The National Bank of
Ethiopia's (NBE) Website that claims to have
last been updated in 2005, for instance, is
a glaring deficiencies on a list of
government institutions that are failing to
actively and effectively communicate with
the public. Only an informed citizenry can
hold accountable its leaders and produce
good governance.
Taking the initiative to make the procedures
and history of a government institution
known is a step in the right direction in a
country that has a lot to be desired in
terms of information disclosure. It is now
to be seen if the access to records and
proceedings changes the contents of future
records in a positive way.
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