Transitional Government vs. Transitional Justice: Is a transitional government a necessary
precondition for a successful transitional justice?

Transitional justice plays a positive role in state-building and its sustainability through engagement of reconciliation and justice processes. Historically, successive governments and regimes in Ethiopia have eluded genuine reconciliation of past human rights violations, injustices and grievances thus contributing to perpetuation of the vicious cycle in the country. On grounds of renewed commitment however, the current government is working towards implementing a comprehensive human-rights based and victim-centered transitional justice process in dealing with alleged human rights violations that occurred during the Amhara- Tigray Region conflict.

Transitional justice is a comprehensive process that involves prosecution, reconciliation, amnesty, truth-seeking, vetting, reparation, compensation and institutional reforms. Among these, successful prosecutions make the strongest statement against impunity and signal to victims that the new government is committed to make a clean break with an abusive past. This requires dealing with past atrocities and injustices – for every era and region.

According to the joint investigation report of the Ethiopian Human Rights Commission
(EHRC)/Office of the United Nations High Commissioner for Human Rights (OHCHR) into the
Tigray Region conflict, widespread violations of international human rights, humanitarian and
refugee law have been committed by all parties involved -some of which may amount to
international war crimes and crimes against humanity, to the extent that they are widespread or
systematic. For this reason, there are pending concerns on whether the government in power has the political will and assurance to undertake a transitional justice process prior to any form of actual or perceived institutional reform. This is particularly relevant to Ethiopia’s context
considering the military, police and other security units including prosecution and courts of law
were operational at the time of commission of alleged crimes and the process may require
prosecution of incumbent government officials.

To this end, some strongly argue that the establishment of an independent transitional government
will not only be necessary to prevent the recurrence of future human rights violations but also to exert the required political will needed to ensure accountability and prosecution with clear plans for legal and structural reforms to break free from past repressions. The establishment of a transitional government is also promoted on grounds that it guarantees the participation of
representatives of opposing groups in political decision making, potentially reducing the chances of one group becoming dominant. Participation of former enemies in decision-making may be difficult to manage and potentially even cause conflict within the ruling government hence, calling for the formation of a transitional government with shared powers.