Description

In the FDRE Constitution, judicial power is vested both in the Federal and Regional courts. The Constitution stipulates that everyone has a right to bring justiciable matter to obtain a decision or judgment from a court of law. According to article 30(1) of the Refugees Proclamation, refugees have the same right as nationals in bringing any justiciable matter to obtain a decision or judgement by the court. This Proclamation is enacted to establish a system in which Federal courts play an important role in enforcing the rules of law and, protection of human and democratic rights. It also provides a legislative framework under which courts would have full autonomy to manage their own budget, recruit and assign their non-judicial personnel, and administer themselves is essential for a strong judiciary. Article 11(2) (a) of the Federal Courts Proclamation provides that cases involving foreign element fall within the jurisdiction of the Federal High Court. As a result, some regional Zonal and Woreda courts decline to entertain cases involving refugees on the ground of lack of jurisdiction.