ADDRESSING GROSS HUMAN RIGHTS VIOLATIONS THROUGH TRANSITIONAL JUSTICE MECHANISMS IN ETHIOPIA: CRITICAL ANALYSIS OF THE TRANSITIONAL JUSTICE FRAMEWORK OF PEACE AGREEMENT BETWEEN GOVERNMENT OF ETHIOPIA AND TPLF

Abstract

The effective implementation of TJ through criminal accountability and truth commission requires conducive environment and contexts to realize. However, its implementation in general and criminal accountability and the truth commission in particular are the most daunting and rigorous tasks for post-conflict states to realize in the wake of gross human rights violations. The case of Ethiopia is not an exception to this fact because the previous TJ initiatives through criminal accountability and truth finding and telling was ineffectively implemented in Ethiopia due to absence of preliminary assessment of hurdles and opportunities or conducive environments for the realization of the initiative. Currently, Ethiopia entered in to a commitment to address the gross human rights violation committed during the two years bloody war in northern Ethiopia via transitional justice mechanisms. The purpose of this research is to examine the transitional justice framework of Pretoria peace agreement and its challenges and opportunities to realize and the experiences of other post-conflict states with regard to TJ in order to learn lessons by making criminal accountability and truth finding and telling a special focus. Methodologically, the research employed both doctrinal and non doctrinal method of study. In addition to analyzing the existing legal texts, literatures, the experiences of other states and reports, interviews with some key informants based upon their relevancy for the study were held. The finding of the study indicates that despite the existence of some opportunistic efforts made to create a conducive environment for the implementation of TJ through criminal accountability and truth commission, legal inadequacy, institutional challenges, lack of resources and political commitment are the major potential challenges for the implementation of the initiative. Finally, the researcher recommends that the policy and legal lacuna should be filled, independent special prosecution and court structure should be crafted, local and international resource mobilization should be conducted and the Ethiopian people, civil societies and international community should push, question and follow up the implementation of the initiative.