Electronic Litigation (e-litigation) in the Federal Supreme Court of Ethiopia and Access to Justice
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Date
2017
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Addis Ababa, Ethiopia
Abstract
This paper discusses on the e-litigation system in the Federal Supreme Court of Ethiopia and access
to justice. As a basic right and as a means to secure other human rights, the concept of justice has
been one of the most discussed issues in the human rights discourse. There are many barriers to
access to justice. To deal with such hurdles, especially the physical and financial barriers,
technologies are introduced in the Ethiopian justice system. In particular, the Federal Supreme
Court has taken the initiative to support its judicial services with technologies. The main purpose of
the research is to find out how the e-litigation system is affecting effective access to justice. Whether
the system is based on human rights-based approach or not, is also discussed in the research.
The paper is structured in five chapters. The notion ‘access to justice’ and human rights based
approach are discussed. Effective access to justice includes equally accessible justice system with
just results and in conformity with human rights standards. Normative framework, legal awareness,
access to legal services and effective enforcement of decisions are manifestations of effective access
to justice. The adjudication system must conform to human rights standards and due process of law.
The e-litigation system, especially videoconferencing litigations and e-filing services of FSC, which
are under the scope of the research, are also raised in detail. The findings revealed the benefits and
the challenges of the system. Creating physical proximity to judicial services and minimizing cost
and time of litigants and government are the main benefits of the system. But Technical challenges
have made court litigations difficult and litigants’ right to have a fair trial is compromised. The
principles of due process of law are also breached due to lack of audio and video quality, repetitive
interruptions of proceedings and adjournments. It has been also found out that the program is not
formulated in a human-rights based approach. Justice delay, the imbalance between opposition
parties, the limitation on free and well conducted proceedings, compromising open trial and the
absence of laws and regulations are the challenges of the system.
In conclusion, technology is not the final solution for the problems in the justice sector. The gaps of
the e-litigation system must be filled by actors of the justice sector. In addition the already existing
problems in the justice sector have aggravated the challenges of the system. So, the researcher
recommended that the program must be reformulated in a human rights-based approach and the
network capacity of the Court must be upgraded. Laws and regulations must be drafted to guide the
system. The system has enduring benefits; but its challenges on effective access to justice must be
tackled if it needs to serve its purpose of bringing effective and efficient justice.