The Right to Access to Justice: Assessing Enforcement of Legal Guarantees in Ethiopian Somali Regional State (Case Study)
The right to access to justice is one of core human rights that is fundamental to ensure full protection of human rights. The right is recognized in almost all international and regional human rights treaties; including those Ethiopia is member. The Federal Democratic Republic of Ethiopia Constitution also clearly recognized the right. Among others, the right imposes upon States the obligation to set up all appropriate legal and institutional frameworks that address claims of violations of rights. Specifically, States have the obligation to adopt appropriate legislations; put in place competent judicial and quasi-judicial organs; ensure accessibility and effective functioning of those organs; and guarantee fair trial rights in proceedings. As a State party to different international and regional human rights treaties, and to fulfill the Constitutional pledge, Ethiopia has the obligation to ensure that the right to access to justice is fully protected and fulfilled throughout the nation. Of course, the country took policy, legislative and administrative measures to this effect. Nonetheless, variety of challenges still persists in different parts of the country. This research has critically examined impediments to ensure the right to access to justice in one of administrative states of Ethiopia; namely, selected districts of Ethiopian Somali Region. The research, however, is limited to exploring the practical enforcement of legal guarantees that are set to fulfill the right to access to justice in the formal judicial process. Data collected through interview of appropriate personnel in judicial branch are analyzed and triangulated one collected (through semi-structured questionnaires) from clients and customers of courts. Additional primary sources (like cases and legislations) and secondary sources (including literatures and reports) were also used. The research found out that: physical inaccessibility of judicial organs: legislative gaps (particularly, in relation w
