1. How the Right to Access to Justice is Regulated in Ethiopia and What Should be the Role
of Government and Non Government Organizations for Effective Realization of this Right
Sisay Adane Mesele*
This short essay contains three sections. Firstly, the concept of access to justice is explained for
convenience of discussion in the subsequent sections. The second section is about the role of
government and non government organizations for effective realization of the right to access to
justice. Finally, the Ethiopian law on the right to access to justice is discussed.
1. The Concept of the Right of Access to Justice
Definitions provided by many literatures are general. Even the term „access‟ is a broad term, but
not given a separate definition. It means physical access to courts (courts shouldn‟t be too remote
to bring justifiable matter). Access may also mean the availability of accessible, affordable,
timely and effective means of redress or remedies1
.
The right of access to justice is defined in Universal declaration of human right as the right of
every one to have effective remedy against violations of fundamental rights.2
The same
definition is included in the Ethiopian constitution. Article 37(1) of the constitutional provision
reads:
“Everyone has the right to bring a justiciable matter to and to obtain a decision or judgment by,
a court of law or any other competent body with judicial power”.3
Two elements can be drawn from the above definitions: 1. Access to justice presupposes the
violation of human right (there must be justifiable matter)
*5th
year under graduate law student at AAU college of law and governance studies ID: LWR/2217/04
1
Ghetnet Metiku, „Access to Justice and Legal Aid in Ethiopia‟ <http://www.abyssinialaw.com/blog-
posts/item/1448-access-to-justice-and-legal-aid-in-ethiopia> accessed 7 Feb 2016
2
Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III) (UDHR), Art. 8
3
Constitution of the Federal Democratic Republic of Ethiopia, Proc.No.1/1995.Federal Negarit Gazetta, year 1,
No.1, Art.37

2. 2. Access to justice means effective remedy (obtaining a decision or judgment for the justciable
matter). Accordingly, access to justice is access to court for any one with justiciable matter.
However, would every one whose liberty or property is at stake really bring his case to court
even if the courts are accessible? There are extra constraints that limit the ability of individuals to
access justice. So, right of access to justice should be more than improving an individual‟s
access to courts or guaranteeing legal representation.4
Therefore, the right shall include
enhancing the ability of people to seek and obtain a remedy for their grievance.
Generally, the right of access to justice can be described as a right that involves physical and
financial accessibility of the justice system; effective legal aid, counsel and representation; and
information or knowledge of rights and general legal awareness.
2. The Role of Government and Non Government Organizations (NGOs)
There are many challenges that limit effective realization of the right to access to justice. These
are: lack of legal identity (lack of legislative recognition of the right of access to
justice), ignorance of legal rights, unavailability of legal services, and expenses of obtaining
legal representation or other forms of legal assistance5
. The tasks of government and non
government organizations working on the right of access to justice should target these problems.
It will be discussed in the following subsections.
2.1. Legislative Recognition of Right of access to justice
Legislative recognition of the right of access to justice is important to the effective realization of
the right. In Ethiopia, a government organization like ministry of justice has the power and duty
to assist the preparation of draft laws and to be the chief advisor of the Federal Government on
4
United States Institute of Peace, 'Necessary Condition: Access to Justice' < http://www.usip.org/guiding-
principles-stabilization-and-reconstruction-the-web-version/7-rule-law/access-justice> accessed on 10 February
2016
5
Supra note 1, emphasis added

3. matters of law.6
Accordingly, the ministry should push the government to enact legislation on
right of access to justice. NGOs shall also support access to justice researches and organize
dialogue session to show legal gaps and provide policy recommendations.
2.2. Awareness of legal Right
Lack of Legal Awareness on the part of the general public has an impact on realization of the
right of access to justice. It will be difficult for the public to seek and obtain remedy for
justifiable matter if there is no legal awareness. NGOs can play a vital role in supporting or
conducting many activities such as radio programmes that would raise public consciousness in
relation to protection of human rights, providing compilations of legal materials, including
proclamations & codes, awareness raising trainings Compile and disseminate federal and
regional land laws. NGOs should play awareness creating role by developing interactive website
and organizing public discussions/debates on the right of access to justice.
On the other hand, government institutions like Ministry of justice shall also play the role of
creating legal awareness. It should in particular cooperate with NGOs in relation to legal
education and training. In fact, these are the duties of the ministry as per Proc. No. 691/2010.7
2.3. Providing Free legal aid service
NGOs should support or establish free legal aid and resource Centers to insure the poor's right of
access to justice. Ministry of justice has the duty to represent citizens, in particular women and
children, who are unable to institute and peruse their civil suits before the federal courts.8
The
ministry should also use its regulatory power to increase the amount of legal assistance provided
by lawyers to the poor or other disempowered groups.
6
Definition of powers and duties of the executive organs of the Federal Democratic Republic of Ethiopia
proclamation, Proc. No.691/2010. Federal Negarit Gazeta, year ,17 No.1 , Art.16(1) and (3)
7
id, Art. 16/15
8
id, Art.16/11

4. 3. Regulation of Right of Access to Justice in Ethiopia
The right of access to justice is recognized under Art.37 of the Ethiopian constitution.
According to the discussion in the preceding sections, right of access to justice includes:
economic accessibility of the justice system; enhancing the ability of people to bring
justifiable matter to court through legal awareness; accessibility of effective legal service and
availability of Non Governmental organizations working on right of access to justice. But,
Art.37 of the constitution is not detail enough to include all these essential elements of the
right of access to justice. They are found in other legislations. Let us see how these essential
elements of the right of access to justice are included in different legislations in the following
subsections.
3.1. Economic Accessibility of the Justice System
This is related to affordability of court fees and costs for advocacy services. In Ethiopia, no
statement of claim shall be admitted unless court fee is paid.9
However, any one with no
sufficient means to pay all or part of the prescribed court fee may be allowed to sue as a
pauper.10
According to advocates‟ code of conduct regulation, an advocate has the duty to render
at least 50 hours of legal service, in a year, free of charge or upon minimum payment to persons
who can't afford to pay.11
Moreover, Ministry of justice has the duty to represent citizens, in
particular women and children, who are unable to institute and pursue their civil suits before the
federal courts. These insure the poor's right of access to justice as per to Proclamation
No.691/2010.12
3.2. Legal Awareness
The ministry of justice has the power and duty to create legal awareness through the use of
various methods with a view to raising public consciousness in relation to the protection of
9
Civil procedure code of the Empire of Ethiopia, Decree No.52/1965. Negarit Gazeta. year 25, No.3, Art.215
10
id, Art.467 and the ff
11
Federal Advocates' code of conduct Regulation, Council of Ministers Regulation No.57/1999. Federal Negarit
Gazeta,Year 6, No.1, Art.49/1
12
Supra note 8

5. human rights; cooperate with the appropriate bodies in relation to legal education and
training.13
3.3. Accessibility of Legal Service
According to Regulation No.57/1999, an advocate mayn't decline to render service on the
base of client's political, economic, social or moral standing.14
Therefore, advocacy service is
accessible to everyone without any discrimination.
3.4. Encouraging NGOs Role
According to the discussion in section two NGOs are important for effective realization of the
right of access to justice. According to Charities and Societies Proclamation No.621/2009,
Ethiopian charities and societies shall not receive more than ten percent of their funds from
foreign sources15
. This would limit their effectiveness.
13
Supra note 7, Art.16/15
14
Supra note 11, Art.5
15
Charities and societies proclamation, Proc. No.621/2009. Federal Negarit Gazeta, Year 15 , No.25, Art.2/2