Reviving the formal justice system for peace and stability

Building resilience of post-conflict communities

November 27, 2024
a group of people standing in front of a court

When the conflict in northern Ethiopia erupted in 2020 the formal judiciary infrastructure ended up as one of the victims. 

In the Tigray region, this left people without access to the justice process and contributed to an erosion of the rule of law and a loss of trust in government institutions.  

a woman sitting in front of damaged justice sector building

 

The Supreme Court's commitment to rebuilding the judiciary is essential in this process. “We must survive. We must have resilience,” Mr Tesgai  Berhane (PhD), President of the Tigray region’s Supreme Court. 

Reviving the judiciary in the Tigray region involves restoring decimated infrastructure and equipment and investing in the people who are critical for a functioning and effective judiciary that can respond to the people’s priority justice needs. 

“Before the conflict, the court was in relatively good shape. People sought our expertise” said Dr. Tsegai. However, with the outbreak of conflict, most of the region’s courts were looted or partially destroyed. One Supreme Court building was demolished, and many courts were left without equipment. 

“In many areas, woreda (district) courts now operate without basic infrastructure—no chairs, roofs, or essential resources, making it almost impossible to carry out their duties,” he noted. “This uncertainty poses significant challenges for the administration and the rule of law in the region.”
 

Disruption to staffing 

The shortage of trained personnel is another major challenge. During the conflict, many court staff joined the fighting, while others were displaced or killed in the ensuing violence. 

Mr, Hadush Tesfa, heads the Tigray Regional Justice Bureau. He highlighted that significant numbers of public prosecutors were displaced to Sudan during the conflict. 

Other prosecutors and staff are dealing with psychological trauma and are not yet prepared to resume their duties.  This disruption to staffing has led to a gap in legal expertise. 

Dr. Tsegai explained that many judges need further professional training after having been away from their roles for over three years due to the pandemic and conflict. He also noted that providing them with psychosocial support is also a priority, as many court and legal personnel are dealing with trauma from the conflict. 

The Tigray region’s Supreme Court is also prioritizing improvements in judicial capacity and court management skills. Legal discourse sessions and training programs, delivered in collaboration with the National Association for Court Management are expected to help strengthen the skills of judges, staff, and registrars. 

The staff shortage extends to prosecutors. The regional Bureau of Justice has hired 160 new graduate prosecutors and is implementing a two-year training program to prepare them for essential tasks like preparing charges, gathering evidence and criminal litigation. 

For the UNDP, supporting the judiciary to bring back effective and quality justice services for the people is critical for restoring the rule of law and addressing grievances, which are essential for stability and preventing further conflict. 

Effective and trustworthy governance institutions, like the judiciary, play a vital role in addressing people’s immediate justice needs, rebuilding trust and promoting peace, stability and long-term development. 

UNDP’s Peace Support Facility is supporting training programmes for public prosecutors addressing war-related crimes and new legal proclamations, with a focus on legal interpretation skills and trauma healing. The first session trained 151 prosecutors on trauma healing and anti-trafficking measures. 

An evaluation of the training showed that 75% of participants had significantly improved their understanding of new laws, which helped to reduce inconsistencies in legal interpretations. This in turn has led to a reduction in the number of misinterpretations of the law, according to the head of the Bureau of Justice, which has decreased the number of appeals at the zonal and woreda courts. 

Rebuilding institutions for more effective, accessible people-centred justice
a man sitting in a chair

 

85-year-old Kidan Weldemichael “had lost all hope of receiving justice,” she said because the court had not been operating since the conflict. After learning the court had reopened, Kidan resubmitted her case, confident she could finally get justice.

Atsbeha Gebregzabher, a 50-year-old resident, also visited the court for a case involving theft. “Before the conflict, this court was a model of efficiency,” he said. 

The newly renovated rooms and the return of court staff have revitalized court operations and boosted the morale of the judiciary and court users.
 

a man sitting in front of a window

 

“I joined a year ago and have been rebuilding the court system from scratch,” said the Tigray region's Supreme Court President, Dr Tsegai. The COVID pandemic and the conflict have led to a large backlog of civil and criminal cases, including 403 pending cases related to human trafficking, land disputes, and SGBV. 

To tackle this growing caseload, the court is recruiting new judges from a pool of law school graduates who have undergone judicial training.  

UNDP’s Peace Support Facility has provided 4.5 million Ethiopian Birr to the Tigray Supreme Court, enabling it to purchase computers and laptops for woreda courts, facilitating digital archiving and record-keeping. 

Digitalization is one of the Supreme Court’s core reform pillars and is important for a more accessible, fair, and efficient judiciary that can deliver timely and quality justice services for people. 

“We planned to buy 40 computers, but managed to get 60, thanks to efficient budgeting. UNDP’s support in asset management has been invaluable,” said Dr. Tsegai.

He highlighted the essential role of digital records in restoring the judiciary's functionality and capacity to deliver justice. Accelerating digitalization for courts can streamline administrative processes like filing documents, scheduling hearings, and managing case files. This speeds up case processing times, ensuring more timely justice for people.

 

A rebuilt building

 

In Degua-Tembien Woreda, the UNDP’s Peace Support Facility supported the restoration of the first instance court, bringing back access to justice for residents. 

The head of the recently rehabilitated first instance court in Degua-Tembien woreda, Mr. Haile Amare, noted how the court used to provide mobile court services to reach remote areas, "but we currently lack the vehicle and budget to continue this vital service." As the court explores how to bring this service back, digitalization of court proceedings is one way of reducing the financial and time burden on people needing to appear repeatedly in court. 

UNDP’s Peace Support Facility’s support has accelerated digitalization and inspired members of the Ethiopian diaspora to contribute to the journey. Dr Tsegai explained that the court had recently launched its website and had received funds from the Ethiopian diaspora living in Norway to support this initiative for five years. He said that the court also hopes to its plasma screens and video conferencing facilities to facilitate more efficient court operations. 

 

Way Forward for the Justice System 

Rebuilding the justice system is essential for stability, justice, safety, and security for all people, especially the most vulnerable and marginalized. 

Although much remains to be done, UNDP and partners are committed to supporting the government to bring back quality, effective and accessible justice services that can respond to the immediate and long-term justice needs of the people and contribute to long-term peace and development in Ethiopia.  

The UNDP Peace Support Facility supports peacebuilding efforts in Afar, Amhara and Tigray regions, driving the Humanitarian-Development-Peace (HDP) nexus, and bridging immediate humanitarian relief with recovery, resilience, and long-term development initiatives. The facility is supported by the governments of Germany and Japan, as well as UNDP Core and Funding Windows.