A central theme in Ethiopia’s current political landscape is the necessity of transitional justice to tackle the country’s ongoing crises and foster sustainable peace and progress. In general terms, transitional justice refers to the set of judicial and non-judicial measures implemented by societies transitioning from conflict or authoritarian rule to address past human rights violations and foster reconciliation, accountability, and sustainable peace.

While mechanisms like truth-seeking, reconciliation, prosecution, reparations, and institutional reform are vital for effective transitional justice, one critical element must be underscored. Without this element, the legitimacy of the transitional justice process becomes doubtful, and any resulting peace may be superficial and ineffective. This essential element is the meaningful participation of victims in the transitional justice process.

Victims’ participation in transitional justice has emerged as a relatively recent yet profoundly crucial concept within the field, shifting the paradigm from state-centric reconciliation to a more inclusive, survivor-driven process. Historically, transitional justice mechanisms, such as trials and truth commissions, prioritized political stability and elite negotiations, often sidelining those most affected by atrocities. However, since the late 20th century, notably with South Africa’s Truth and Reconciliation Commission (1995–1998) and subsequent frameworks like the African Union Transitional Justice Policy (2019), the idea of empowering victims to testify, seek reparations, and influence outcomes has gained traction.

Some argue that in certain circumstances, the prosecution of perpetrators should be determined by the wishes of the victims, rather than following the conventional criminal justice process that categorizes crimes punishable upon complaints and accusations. This perspective arises from the understanding that transitional justice is an extraordinary matter requiring extraordinary procedures and solutions to promote sustainable peace within a country, society, or community.

Victims’ participation ensures that their voices are heard, their suffering is acknowledged, and their needs are addressed, thereby promoting legitimacy and inclusivity in the transition process. Given Ethiopia’s ongoing political instability, incorporating victims’ participation into transitional justice processes is crucial for fostering sustainable peace and reconciliation.

Comparatively, successful transitional justice efforts, like South Africa’s Truth and Reconciliation Commission, relied on broad victim testimony and public participation. As far as the will of Ethiopians is concerned, the Harvard Humanitarian Initiative’s 2023 Ethiopia Peace & Justice Survey found that over 90% demand truth and justice.  However, regional disparities in priorities—for example, Tigrayans focusing on recent war crimes versus others focusing on pre-1995 abuses (the Derg regime’s Red Terror, 1974–1991, or EPRDF-era abuses)—underscore the challenge of inclusivity.

The importance of victims’ participation in transitional justice

Victims’ participation is a cornerstone of transitional justice because it places those most affected by conflict at the center of the process. Traditionally, transitional justice mechanisms such as truth commissions, reparations programs, and criminal prosecutions have been designed to address systemic human rights violations. However, without the active involvement of victims, these mechanisms risk being perceived as top-down and exclusionary, undermining their effectiveness and legitimacy.

To enhance victims’ participation, Ethiopia must adapt its approach in several key ways. First, conflicts in various regions of the country must come to an end, as without peace, victims cannot safely engage in transitional justice processes. Second, consultations should be decentralized to reach marginalized groups, utilizing mobile units or digital platforms to broaden inclusion and ensure diverse voices are heard.

Third, Civil Society Organizations (CSOs), known for their impartiality, should be empowered through funding and autonomy to amplify victim perspectives, aligning with the African Union Transitional Justice Policy’s emphasis on grassroots involvement, those directly affected by conflict or human rights violations who actively participate in truth, justice, and reconciliation efforts. Finally, establishing a hybrid court that adheres to internationally accepted practices would enhance credibility by addressing victims’ distrust in domestic institutions while still upholding national sovereignty. Together, these measures would create a more inclusive and effective framework for victim participation in Ethiopia’s transitional justice process.

In the context of Ethiopia, victims’ participation can serve several key purposes for the transitional justice process. First, it provides a platform for victims to share their experiences, contributing to a more comprehensive understanding of the conflict and its root causes. Second, it empowers victims by recognizing their agency and giving them an active role in shaping post-conflict society. Third, it fosters a sense of justice and closure, which is critical for individual and collective healing as well as long-term reconciliation.

Moreover, meaningful participation allows victims to influence accountability mechanisms, whether by advocating for prosecutions, challenging impunity, or demanding reparations that reflect their needs rather than state-driven agendas. Ultimately, inclusive victim engagement helps build trust between the state and its citizens, as victims see their grievances being acknowledged, addressed, and integrated into the broader justice framework.

The African Union Transitional Justice Policy (AUTJP) emphasizes this victim-centered approach, urging processes that prioritize redress, reconciliation, and non-recurrence over political expediency. Globally, examples like Peru’s Plan of Integration of Reparations, which provided compensation and services to over 200,000 victims of its 1980–2000 conflict, demonstrate how victim inclusion can stabilize post-conflict societies by addressing material and symbolic grievances.

In Ethiopia, where ethnic and political divisions have fueled widespread violence and human rights abuses, victims’ participation is particularly important. It can help to bridge divides, promote empathy, and create a shared narrative of the past, which is essential for building a cohesive and peaceful society. The country’s Transitional Justice Policy emphasizes victim-centered approaches, ensuring that victims of human rights violations play a central role in the justice and reconciliation process.

The policy mandates meaningful participation of victims in truth-seeking, reparations, and accountability mechanisms, allowing them to share their experiences, voice their demands, and influence decision-making. It includes provisions for public consultations, victim testimony in truth commissions, and representation in reparations programs, aiming to restore dignity and agency to those affected by past abuses. Additionally, the policy seeks to address gender-specific harms and protect vulnerable groups, ensuring inclusive participation.

Challenges to Victims’ Participation in Transitional Justice

Despite its importance, victims’ participation in transitional justice is often fraught with challenges. In many post-conflict societies, victims face significant barriers to participation, including fear of retaliation, lack of awareness about their rights, and limited access to resources and support. Additionally, political elites may resist victims’ participation, fearing that it could undermine their authority or expose their complicity in past abuses. Politicians may resort to silencing victims, even to the point of making them disappear entirely or force victims to make a false statement or testimony.

In Ethiopia, these challenges are compounded by the scale and complexity of the conflict. The country has experienced decades of ethnic tensions, political repression, and armed conflict, resulting in widespread displacement, loss of life, and trauma. The Tigray conflict and the current conflicts, particularly in the Amhara and Oromia regions, have further exacerbated these issues, with reports of mass atrocities, sexual violence, and humanitarian crises. In such a context, ensuring meaningful victims’ participation requires addressing structural inequalities, providing adequate protection and support, and fostering a culture of inclusivity and respect for human rights.

Ethiopia’s Transitional Justice process also faces structural challenges. The lack of a unified peace agreement hinders implementation, as ongoing conflicts in the Oromia and Amhara regions obstruct safe victim participation and evidence collection, both of which are essential for documentation needed for future legal proceedings and related transitional justice matters. In this context, the Ethiopian Human Rights Commission (EHRC), a crucial entity in past and present investigations, suffers from a lack of public trust due to perceived bias, which further alienates victims.

Therefore, this ongoing instability, coupled with a legacy of unaddressed abuses from prior regimes (e.g., the Dergue era and EPRDF rule), has fueled demands for Transitional Justice.

A Way Forward: Applying Victims’ Participation to Ethiopia’s Current Context

To effectively apply victims’ participation to Ethiopia’s current conflict situation, several key steps must be taken:

First, the government and other stakeholders must prioritize the establishment of inclusive and transparent transitional justice mechanisms. This could include a truth and reconciliation commission, reparations programs, and judicial processes to hold perpetrators, including government officials, accountable. These mechanisms should be designed in consultation with victims and impartial civil society organizations to ensure that they reflect the needs and priorities of those most affected by the conflict.

Second, victims must be provided with the necessary support to participate meaningfully in these processes. This includes ensuring their safety, providing psychosocial support, and offering financial and logistical assistance. Special attention should be given to marginalized groups, such as women, children, and ethnic minorities, who are often disproportionately affected by conflict and face additional barriers to participation.

Third, efforts must be made to promote public awareness and education about transitional justice and victims’ rights. This can help to build a culture of accountability and encourage broader societal engagement in the transition process. Media campaigns and community dialogues can play a role in fostering understanding and support for victims’ participation.

Finally, the international community has a critical role to play in supporting Ethiopia’s transitional justice efforts. This includes providing financial and technical assistance, advocating for victims’ rights, and holding government officials, and other armed groups or individuals involved in criminal activities, accountable for their commitments. International organizations and foreign governments can also facilitate dialogue and mediation between conflicting parties, helping to create an environment conducive to reconciliation and peace.

Overall, victims’ participation is a vital component of transitional justice, offering a pathway to healing, reconciliation, and sustainable peace. In Ethiopia, where decades of conflict and repression have left deep scars, integrating victims’ participation into the transitional justice process is essential for addressing past injustices and building a more inclusive and peaceful society. While challenges remain, the potential benefits of victims’ participation far outweigh the costs. By prioritizing inclusivity, transparency, and accountability, Ethiopia can chart a new course toward a brighter and more just future. The international community, civil society, and any other pertinent bodies must work together to ensure that victims are at the heart of this transformative process. Only then can Ethiopia truly move beyond its painful past and embrace a future defined by peace, justice, and unity.

Shimelash Wondale is a seasoned professional in international relations and diplomacy, holding a Master of Laws (LLM).)

Contributed by Shimelash Wondale