Gedion Zelalem
Introduction
Ethiopia today stands at a perilous crossroads. Once hailed as a beacon of reform and democratic promise in the Horn of Africa, the Abiy Ahmed administration has squandered the opportunity to lay the foundations of rule-based governance. Instead, it has presided over a troubling erosion of constitutional guarantees, democratic norms, and institutional accountability. This article critically examines the breakdown of the rule of law in Ethiopia, using conceptual and theoretical lenses, and benchmark comparisons, to offer a framework for understanding the ongoing national crises and to provoke policy-oriented discourse.
Theoretical Framework: Rule of Law and Democratic Legitimacy
The “rule of law” is not merely a legalistic concept—it is a foundational principle of democratic legitimacy. According to legal theorist Joseph Raz (1979), the rule of law requires that laws be clear, publicized, stable, and applied evenly, and that justice be delivered by competent, independent, and impartial institutions. In similar terms, Guillermo O’Donnell (2004) highlights the idea of “democratic rule of law,” wherein state institutions protect rights, ensure accountability, and provide a check on arbitrary power.
Under the Abiy administration, however, these pillars have all but crumbled.
The Reality on the Ground: Systematic Violation of Rights
Contrary to the constitutional promises of the 1995 FDRE Constitution, especially Articles 10–41 which protect human rights and democratic freedoms, the administration has engaged in or allowed:
- Arbitrary detentions, including of journalists, opposition leaders, and activists.
- Widespread torture and extrajudicial killings, particularly in Oromia, Tigray, Amhara, and other regions.
- Suppression of dissent, under the guise of national security or counterterrorism.
- Destruction of property and livelihood, often disproportionately affecting marginalized groups.
Instead of ensuring accountability, the government has become a central actor in these violations. The result is a growing sense of lawlessness, as people are forced to seek self-defense or alternative authorities, leading to the proliferation of armed resistance.
From Erosion to Implosion: The Security Vacuum
The government’s inability—or unwillingness—to enforce justice against both state and non-state actors who commit atrocities has created a dual threat to the population. Civilians are now caught between:
- A repressive state apparatus, using state security for political repression.
- Unregulated armed groups, some of which emerged as resistance but increasingly operate in lawless and violent ways.
This double-front assault on civilian security mirrors the metaphor of a candle burning from both ends—the center is quickly disintegrating.
International Silence and the Theory of Strategic Inaction
The international community, despite clear evidence of grave abuses, has largely chosen strategic inaction. This silence may be informed by:
- Geopolitical interests in maintaining stability at any cost in the Horn of Africa.
- Normative fatigue, whereby prolonged conflict and humanitarian crises create a lowered sense of urgency.
- Selective application of human rights principles, influenced by diplomatic, economic, or security partnerships.
As Susan Woodward (2007) argues, international actors often “manage” rather than resolve crises, especially when the affected state is viewed as strategically significant. This paradigm is evident in Ethiopia’s case.
Benchmarking Failure: Lessons from Comparative Contexts
Several global examples demonstrate the consequences of unchecked erosion of rule of law:
- Sri Lanka (1980s–2000s): The state’s abandonment of constitutional protections led to civil war and decades of ethnic conflict.
- Zimbabwe (2000s): Political repression, land seizures, and judicial collapse destroyed democratic legitimacy and economic stability.
- South Sudan (post-2011): A lack of inclusive governance and failure to establish the rule of law post-independence plunged the country into cycles of armed violence.
Ethiopia is increasingly showing traits from each of these cases—ethnic polarization, fragmented sovereignty, state-perpetrated violence, and widespread impunity.
Rebuilding the Rule of Law: A Democratic Imperative
To arrest the spiral, Ethiopia must re-anchor itself in the principles of democratic governance:
- Legal Accountability: Prosecution of all actors (state and non-state) responsible for human rights violations.
- Judicial Independence: Reforms to empower courts to operate free from political interference.
- Decentralized Peace Process: Inclusive dialogue with all affected groups—not tokenistic elite negotiations.
- Transitional Justice Mechanism: Truth-telling, reparations, and institutional reforms must form part of a long-term healing and accountability process.
These actions require both national will and international solidarity grounded in principles, not mere pragmatism.
In conclusion, the current Ethiopian state is not only failing to uphold the rule of law—it is, in many instances, actively undermining it. The result is a dangerous descent into lawlessness, repression, and perpetual conflict. Unless urgent structural reforms are pursued, the state’s legitimacy will continue to erode, and the hope for a democratic, unified Ethiopia will remain a fading illusion.
This article invites scholars, practitioners, and citizens alike to engage in a sustained, critical discourse about what it means to govern justly, and how societies can reclaim their democratic agency when governments fail them. Ethiopia is at a historical junction—either to burn itself out or to reignite through truth, justice, and accountability.
References (suggested for inclusion)
- Raz, Joseph (1979). The Authority of Law: Essays on Law and Morality.
- O’Donnell, Guillermo (2004). Why the Rule of Law Matters.
- Woodward, Susan (2007). Do the Root Causes of Civil War Matter? On Using Knowledge to Improve Peacebuilding Interventions.
- Ethiopian Constitution (1995), Articles 10–41.
- Amnesty International, Human Rights Watch, UN Human Rights Reports on Ethiopia (2018–2024).
Editor’s Note : Views in the article do not necessarily reflect the views of borkena.com
__
Subscribe : https://borkena.com/subscribe-borkena/
Join our Telegram Channel : t.me/borkena
Like borkena on Facebook
Add your business to Ethiopian Business Listing / Ethiopian Business Directory Business Listing Toronto
Join the conversation. Follow us on X (Formerly Twitter) @zborkena to get the latest Ethiopian News updates regularly. Subscribe to YouTube channel To share information or for submission, send e-mail to info@borkena.com