120.
The CRM observed the absence in this section of the CSAR of substantial
discussion on the role of the judiciary and security services in conflict management
in Ethiopia, notwithstanding several references. Fuller discussion of these
institutions takes place elsewhere in the CSAR. It is worth noting, however,
that during the CRM visits across Ethiopia, several observations were made
about the progress of the judiciary in expeditiously disposing of cases. Many
judges reported having no backlog on their dockets, explaining that computer
technology, increased resources, and better training have helped to remove
the backlog problem. While hailing this progress, some opposition leaders and
members of legal associations cautioned against the potential temptation for
judges to rush to judgment on their cases since speed in disposing of cases was
fast becoming an indicator of a successful judge. Subtle rivalries among judges
in this respect could undermine the cause of justice. The CRM believes that this
caution is worth noting.
121.
The CRM observed that considerable efforts are being made by federal and
regional authorities, and reportedly also by local authorities, including traditional
authorities, to address various conflicts amongst the communities and peoples
of Ethiopia. Considering all that the CRM heard and read during its nation-wide
consultations, the more challenging intra-regional state conflicts are those to be
found in cross-border communities, especially among pastoralist communities
that straddle both sides of shared borders. It seems to the CRM that grazing land
and water points usually constitute scarce resources over which there is conflict.
Among the recommendations typically advanced for managing such conflicts is
providing clearly demarcated borders between regional states and resolving land
claims. Whilst this recommendation might be useful in some cases, there may
well be a need to rethink this approach in certain cases since land claims and
counter-claims between and amongst local groups are sometimes essentially
about access to grazing lands and water points, and not as much an exercise
of sovereign authority, per se. In some of these cases, new approaches to the
governance of grazing lands and water resources as a shared property resource
of cross-border pastoral communities might be necessary. In such cases,
appropriate institutional arrangements for governance need to be developed for
access and prudent use of these resources as common property by those crossborder groups. Developing appropriate institutional arrangements might require
drawing on long-standing and widely-accepted traditional arrangements that
pre-date the modern state, or adapting institutional arrangements developed and
used among pastoral communities elsewhere. The CRM has little information
about institutional innovation for cross-border governance. There was barely
a mention of initiatives to rethink approaches to cross-border governance in
conflict-prone environments characterised by scarcity of grazing land and water
points among pastoralists.
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