Publication: Uses and Users of Justice in Africa : The Case of Ethiopia's Federal Courts
Loading...
Date
2010-07-01
ISSN
Published
2010-07-01
Author(s)
Editor(s)
Abstract
This report presents the findings of one of a series of studies sponsored by the World Bank on the 'uses and users' of courts in the regions where it participates in justice reform projects. These studies typically use aggregate statistics and random samples of cases files to analyze court performance. The results of these studies are useful to countries and to the Bank in separating real from imagined problems, identifying their causes, planning reform programs, and tracking their results over time. Although in Africa court use is typically restricted to a small portion of the population, most donor funding goes to the formal court system and most countries are interested in expanding access to the latter. Hence, the studies can help evaluate those investments and point them in directions where they are likely to do the most good in advancing objectives like increased and more equitable access, delay reduction, and satisfactory resolution of common disputes. Ethiopia is one of the poorest countries in Africa and thus in the world. As in the rest of Africa, traditional dispute resolution mechanisms and a series of 'hybrid institutions' serve a majority of the population. However, its judicial system is unusual in several aspects. First, since 1994, the government has been actively engaged in expanding access to the formal system and improving the professionalism of its judges. Second, at both the federal and sub-national levels, governments have been actively extending the reach of the court system, both by adding courts and judges and by using a variety of additional mechanisms. Third, and most important for this study, for the past ten years, the federal judiciary has been promoting the development of a computerized case tracking system to monitor performance.
Link to Data Set
Citation
“World Bank. 2010. Uses and Users of Justice in Africa : The Case of Ethiopia's Federal Courts. © World Bank. http://hdl.handle.net/10986/2937 License: CC BY 3.0 IGO.”
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Comparative Study on Expert Witnesses in Court Proceedings(World Bank, 2010-06-30)The Turkish Ministry of Justice has identified the existing system of expert witnesses as an obstacle to the efficiency and effectiveness of the judicial services. The 2009 judicial reform strategy and the judicial reform action plan call for a comparative study analyzing the experience in other countries to provide input into the policy debate in Turkey. This study provides descriptions and analyses of approaches to the use of expert opinions in civil, criminal, and administrative court proceedings in France, Germany, Italy, and the United States. It focuses on five key areas: access to the function of expert, execution of an expert opinion, the opinion and its use in evidence, remuneration, and liability.Publication In Search of Success : Case Studies in Justice Sector Development in Sub-Saharan Africa(World Bank, 2010-06-01)The World Bank, Department for International Development (DFID) and other donors have long been engaged in legal and judicial reform in sub-Saharan Africa in such areas as legal drafting, strengthening court administration, judicial training, and the empowerment of citizens through a better understanding of the legal system. This has often been done on an ad hoc basis with only limited review of other reform efforts in the region. In order to foster a more responsive approach to justice sector development programs, a collection of case studies was commissioned. One of the more daunting tasks was identifying notable justice sector developments or reforms, which offered specific impacts and which could be examined through both a desk review and field research. Independent of the funding source, the evidence base was not only limited but revealed a need for donors themselves to invest in better data collection, which could then be analyzed and measured against benchmarks or objectives such as improved access to justice. There is a significant need to review and learn from experiences, including controversial ones, in Africa's justice sectors. These case studies are not homogenous largely because their subjects vary and span a wide array of developments that reflect the realities of the region. Each story stands alone and is in no particular order. In the final chapter, the conclusions offered in each story are digested into ideas for future actions. The collection also represents a modest range of stories and it is to be hoped that other cases will be identified and shared. A comparison of experiences of sector-wide programs (SWAPs), for example, could help both donors and governments enhance socio-economic impact. It should be noted that the emphasis in this report is on providing information about positive directions in justice sector development and the ways in which lessons learned might be applied to achieve greater impact in the future. The anticipated value of this collection is that some of the conclusions or actions may be taken up and used to contribute to improvements by those committed to improving the rule of law in sub-Saharan Africa and is in search of 'success'.Publication Criminal Justice(World Bank, Washington, DC, 2010-11-09)Strengthening the rule of law is widely regarded among traditional donors, multilateral institutions, and a growing number of middle income and fragile states as a necessary precondition for sustainable peace, poverty alleviation, and development. Crime and violence deter investment and lower employment, undermine social institutions, and divert resources through direct and indirect costs, all of which hinder development. It is likely to disproportionately affect poor and marginalized populations by limiting access to basic services. The formal criminal justice system is seen in many environments as failing to deliver justice. Most states experiencing fragility do not have the capacity to effectively prevent crime, enforce laws, or peacefully resolve disputes across the whole of their territories. There is another powerful deterrent for communities to seek redress through state criminal justice institutions: they are frequently a primary instrument for the government and elites to maintain power and control through the perpetration of injustice. The informal system, however, is alone insufficient to handle the pressing justice requirements of fragile states, not least for preventing and responding to inter-communal conflict, to serious organized and cross-border crime, and to public corruption and other 'white collar' crime.Publication Vested Interests in Legal and Judicial Reform(Washington, DC, 2008-05)This report analyzes the main reasons or interests that have prevented some recent judicial and legal reforms in Honduras and Bolivia from becoming effective. It focuses on the reasons why criminal justice reforms were unable to put an end to the misuse of pre-trial detention. The report also includes a study of some of the reasons that have prevented criminal procedure code reforms from reducing the perception of impunity prevailing in both countries. With respect to the reforms of judicial selection mechanisms, it focuses on the interests that have prevented the public perception of judicial independence from improving in spite of the implementation of those reforms. The report includes an annex to Section 1, consultations with civil society in Honduras. Section 2 discusses civil and commercial justice in Paraguay. Section 3 discusses vested interests in legal and judicial reform projects in Guyana.Publication Africa Regional Justice Note : A Review and Lessons Learned(World Bank, 2010-09-14)The note is designed to assist Bank task teams, working together with their country counterparts, who may have varying levels of experience with promoting the Rule of Law (ROL); some would be familiar with the African context but not ROL, and for others, vice-versa. This note may also represent a first introduction to ROL reform; for those who have worked on such projects in the past, it should supplement existing knowledge about this emerging field. Specifically, this note aims to equip Bank staff to promote, design, conduct, and oversee projects and analytical work related to ROL reform by: providing an introduction to the ROL movement and the purpose of ROL work in the broader context of development; placing the Bank's work on the rule of law in Africa in a historical context, both in terms of Africa's recent history and the Bank's evolving priorities; presenting 'lessons learned' from past and ongoing rule of law reform efforts and providing specific guidance for embarking on new or supervising existing projects, particularly in conflict-affected and fragile situations; and highlighting rule of law projects that are noteworthy because of a particular focus or approach.
Users also downloaded
Showing related downloaded files
Publication Supporting Youth at Risk(World Bank, Washington, DC, 2008)The World Bank has produced this policy Toolkit in response to a growing demand from our government clients and partners for advice on how to create and implement effective policies for at-risk youth. The author has highlighted 22 policies (six core policies, nine promising policies, and seven general policies) that have been effective in addressing the following five key risk areas for young people around the world: (i) youth unemployment, underemployment, and lack of formal sector employment; (ii) early school leaving; (iii) risky sexual behavior leading to early childbearing and HIV/AIDS; (iv) crime and violence; and (v) substance abuse. The objective of this Toolkit is to serve as a practical guide for policy makers in middle-income countries as well as professionals working within the area of youth development on how to develop and implement an effective policy portfolio to foster healthy and positive youth development.Publication Ten Steps to a Results-Based Monitoring and Evaluation System : A Handbook for Development Practitioners(Washington, DC: World Bank, 2004)An effective state is essential to achieving socio-economic and sustainable development. With the advent of globalization, there are growing pressures on governments and organizations around the world to be more responsive to the demands of internal and external stakeholders for good governance, accountability and transparency, greater development effectiveness, and delivery of tangible results. Governments, parliaments, citizens, the private sector, Non-governmental Organizations (NGOs), civil society, international organizations, and donors are among the stakeholders interested in better performance. As demands for greater accountability and real results have increased, there is an attendant need for enhanced results-based monitoring and evaluation of policies, programs, and projects. This handbook provides a comprehensive ten-step model that will help guide development practitioners through the process of designing and building a results-based monitoring and evaluation system. These steps begin with a 'readiness assessment' and take the practitioner through the design, management, and importantly, the sustainability of such systems. The handbook describes each step in detail, the tasks needed to complete each one, and the tools available to help along the way.Publication World Development Report 2017(Washington, DC: World Bank, 2017-01-30)Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? This book addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.Publication World Development Report 1984(New York: Oxford University Press, 1984)Long-term needs and sustained effort are underlying themes in this year's report. As with most of its predecessors, it is divided into two parts. The first looks at economic performance, past and prospective. The second part is this year devoted to population - the causes and consequences of rapid population growth, its link to development, why it has slowed down in some developing countries. The two parts mirror each other: economic policy and performance in the next decade will matter for population growth in the developing countries for several decades beyond. Population policy and change in the rest of this century will set the terms for the whole of development strategy in the next. In both cases, policy changes will not yield immediate benefits, but delay will reduce the room for maneuver that policy makers will have in years to come.Publication Africa's Future, Africa's Challenge : Early Childhood Care and Development in Sub-Saharan Africa(Washington, DC : World Bank, 2008)This book seeks to achieve a balance, describing challenges that are being faced as well as developments that are underway. It seeks a balance in terms of the voices heard, including not just voices of the North commenting on the South, but voices from the South, and in concert with the North. It seeks to provide the voices of specialists and generalists, of those from international and local organizations, from academia and the field. It seeks a diversity of views and values. Such diversity and complexity are the reality of Sub-Saharan Africa (SSA) today. The major focus of this book is on SSA from the Sahel south. Approximately 130 million children between birth and age 6 live in SSA. Every year 27 million children are born, and every year 4.7 million children under age 5 die. Rates of birth and of child deaths are consistently higher in SSA than in any other part of the world; the under-5 mortality rate of 163 per 1,000 is twice that of the rest of the developing world and 30 times that of industrialized countries (UNICEF 2006). Of the children who are born, 65 percent will experience poverty, 14 million will be orphans affected by HIV/AIDS directly and within their families and one-third will experience exclusion because of their gender or ethnicity.