Solomon Areda Waktolla

Solomon Areda Waktolla (Amharic፡ ሰለሞን አረዳ ዋቅቶላ, Afan Oromo: Solomoon Araddaa Waqtolaa, born April 29, 1975) is the current Deputy Chief Justice/Vice President of the Federal Supreme Court of Ethiopia.[1] Deputy Chief Justice Waktolla is a prominent[2] Ethiopian lawyer[3] with 23 years of experience in the practice of law, public administration and policy research who is committed for seeing[4] a free and independent judiciary in Ethiopia.[5] Deputy Chief Justice Waktolla, served in the Ethiopian Judiciary mainly as a judge for 18 years on different levels of the court in both regional and federal positions.[6] In addition, Deputy Chief Justice Waktolla, has been appointed to the membership of the Permanent Court of Arbitration (PCA) at the Hague, Netherlands for a six-year term to serve as an Arbitrator.[7]

Solomon Areda Waktolla
ሰለሞን አረዳ ዋቅቶላ
BornApril 29, 1975 (1975-04-29) (age 45)
Garba Guracha, Salalee, Ethiopia
EducationHarvard University (MPA, LLM),
Amsterdam University (LLM),
Addis Ababa University (LLB)
Spouse(s)Mulualem Girma
Children4

Early life and education

Solomon Areda Waktolla was born on April 29, 1975 from his father Areda Waktolla Hordofa and his mother Kibbi Bedhane Molu, in the town of Garba Guracha, Salalee, North Shewa zone of Oromia regional state in Ethiopia. He grew up in an extended family with twelve of his sisters and brothers. His hardworking parents contributed a meaningful role in shaping the person he is today. He credits his unwavering principles and integrity to his parents’ Orthodox Christian faith and values. In addition, growing up in an extraordinary rich cultural traditions of the Oromo society, that values inclusiveness and kindness, gave Waktolla a different outlook of life.[8]

From an early age, Waktolla stood out as the smartest kid in the class regularly receiving first grade honors from school. He attended his elementary and high school education in a public school in the town of Garba Guracha. He then attended Addis Ababa University and obtained a bachelor's degree in Law in 1997. He pursued a Masters of Laws degree (LL.M) from Harvard Law School and Master of public Administration (MPA) from Harvard Kennedy School of Government.[9] He obtained HIID Merit Scholarship award from Harvard University. At Harvard Kennedy School of Government, Waktolla completed the fellowship of Edward S. Mason Program in public Policy and Management.[10] In addition, he received Masters of Laws (LL.M) in International Economic Law at the University of Amsterdam.[11]

He is a member of the Harvard Alumni Association and currently serving as Harvard University Contact Person in Ethiopia.[12] Waktolla is a fellow of Golda Meir Mount Carmel International Training Center[10] and an alumnus of the Center for American and International Law.[13]

Judicial career

After graduating from the law school, Waktolla began working as an assistant judge in the Oromia Region Supreme Court. After his clerkship, Waktolla was appointed as a judge of the Regional High Court in West Shewa Zone of Oromia region in Ambo Town. During his years in the Ambo High Court, he served in both Civil and Criminal divisions of the court. In 2001, Waktolla started his judgeship at the Federal First Instance Court of Ethiopia.[3] From February 2003 to January 2009, Waktolla served as a Federal High Court Judge and sat in Commercial, Criminal and Labor Divisions of the Federal High Court.

The Genocide Trial/The Red Terror Trial

During his six-years tenure at the Federal High Court, Justice Waktolla presided over the historical Red Terror/genocide Trial[14] where the former Ministers and other Higher Officials that served during the Derg regime were prosecuted for genocide and crimes against humanity.[15] Key Shibir (Amharic: ቀይ ሽብር ḳäy šəbbər), also known as the Ethiopian Red Terror, was a violent political repression campaign of the former Ethiopian military regime, Derg, against other competing political groups in Ethiopia. The Ethiopian Red Terror was based on the Red Terror of the RussianC ivil War. It began in 1976, when communist Mengistu Haile Mariam took control of the military dictatorship and ousted Emperor Halie Selassie, and lasted until 1978. During these years, the governing body used atrocious violence against anyone that wasn't a part of its party by arbitrarily arresting, torturing, and massacring thousands of people. It is estimated that 30,000 to 750,000 people were killed over the course of the Qey Shibir. The special prosecutor office filed charges against the public and military officials of the former government, proceeding with what are collectively called the ‘Red Terror trial. Out of the total of 5198 defendants charged 2246 defendants were charged while in detention and 2952 defendants were charged in absentia.[16] The Red Terror trial is the first of its kind on the African continent.[17]

The charges brought against the defendants include genocide and crimes against humanity, torture, murder, unlawful detention, rape, forced disappearances, abuse of power and war crimes. The Special Prosecutor Office charged the former officials with committing genocide by deliberately and systematically planning to exterminate opposition political groups, which is a violation of article 281 of the 1957 Ethiopian Penal Code. Article 281 of the 1957 Ethiopian Penal Code, unlike the Genocide Convention, extends its protection to political groups in addition to national, ethnic, racial and religious groups. The trials of the majority of the defendants were carried out before the Federal High Court in Addis Ababa. The trial illustrates a belief against impunity for human rights violators. The prosecutions inform the public of what happened in a bid to deter future recurrences of similar violations of human rights.[16] Those who were found guilty were convicted and sentenced by the Federal High Court. Some of them were convicted in absentia.[18] Most of the convicted offenders were sentenced to the penalty ranging from five years up to twenty five years rigorous imprisonment depending on the degree of their participation, while some were sentenced to life time rigorous imprisonment and very few red terror convicts faced death penalty by the Court.[19][20][21][22] In 2010, following a petitition from religious bodies in Ethiopia, the death sentences handed down by the court were commuted to life imprisonment by the President of Ethiopia.[23] In undertaking the tasks of investigating the past violations and prosecuting those responsible, while providing due process of law, states are dispensing justice to victims as well as to guarantee the non repetition of crime of similar nature.[24]

Vice President of the Federal First Instance Court

In January 2009, the Ethiopian House of Parliament appointed Waktolla to serve as the Vice President of the Federal First Instance Court of Ethiopia.[25] His notable achievement while serving as a vice president includes the successful implementation of the reform packages introduced in the Ethiopian Judicial System. He was actively involved in the Ethiopian Court Reform Program through participating in the Comprehensive Justice System Reform Program Base Line Study. He also partook in the implementation, evaluation and coordination of these reform activities.[26]

After graduating from Harvard law School, in December 2014 Waktolla started the private legal practice, establishing his own firm named Solomon Areda Law Office in Addis Ababa. Solomon Areda Law office offered a diversified expertise on various areas of the law; ranging from dealing in complex litigation and arbitration, corporate and commercial transactions, banking and finance, labor and employment, intellectual property, energy and infrastructure, mining and natural resources, construction law and Tax law.[27] He advised both local, as well as global multi-nationals[6] seeking to do business in Ethiopia and other African Countries[28][29][3] Waktolla also represented local and international companies on multi-million commercial disputes before Federal Courts and Arbitration Tribunals.

Notable cases include:[27]

  • Represented Elily International Hotel and GEBCON PLC on property injunction litigation suit involving Br 3,000,000,000 at Federal High Court and Federal Supreme Court of Ethiopia
  • Represented Nile Petroleum Company Limited Ethiopia Branch on contractual civil litigation involving Br 200,000,000 at Federal High Court of Ethiopia
  • Advised Sodere Resort Share company in the Br 280,000,000 share acquisitions of the Ethiopian Privatization Agency
  • Represented GBCON Plc. in a construction claim involving Br 115,626,225.05 before an Arbitration Tribunal at Addis Ababa Chamber of Commerce
  • Represented GBCON Plc. in a dividend and income tax suit involving Br 106,449,742.81 at Federal Tax Appeal Commission and Federal High Court of Ethiopia
  • Advised BANK HAPOALIM B.M in relation to export credit facility agreement in the aggregate, the principal amount of US$225,798,191 advanced to Ethiopian Sugar Corporation for the execution of a turn-key, engineering, procurement and construction project for a drip irrigation system, including bulk water supply and water delivery
  • Advised Dangote industries Ethiopia plc in its contract with Sinoma International Engineering CO. LTD with the contract price of US$31,504,307 for off shore design and equipment supply and onshore civil works, erection, construction and commissioning contract for its cement plant project in Ethiopia
  • Advised Dangote Packing Materials Plc in relation to loan and mortgage agreement in the aggregate, the principal loan amount of Br 221,209,494 obtained from Development Bank of Ethiopia to finance the partial cost of PP bag packing material manufacturing project

Membership of the Permanent Court of Arbitration (PCA)

Deputy Chief Justice Waktolla was appointed to the membership of the Permanent Court of Arbitration (PCA) for a term of six years as of December 2017 to serve as an arbitrator.[30] The PCA was the first permanent intergovernmental organization to provide a forum for the resolution of international disputes through arbitration and other peaceful means. The PCA is established by the Convention for the Pacific Settlement of International Disputes, concluded at the Hague 1899 during the first Hague Peace Conference to facilitate arbitration and other forms of dispute resolution between states.[31]

Policy research

The Ethiopian Government in collaboration with UNDP hired an international consultant, Center for International Legal Cooperation CILC), to conduct a study in order to identify the shortcomings of the Ethiopian legal system. In this study, Waktolla worked with the group of International Experts and produced a Comprehensive Justice Sector Reform Program Base Line Study Report. The Ethiopian legal reform was initiated based on this study.[26]

Congressional Coalition on Adoption Institute the US based non-profit organization, organized The Way Forward Project[11] to conduct a study analyzing opportunities and challenges facing policy makers in six African Countries including Ethiopia as they work to develop system of Care that serve children in and through their families. Justice Waktolla, worked with a group of international Experts in framing the strategies for developing the legal and government infrastructure necessary to support child welfare systems which promote individualized best interest determinations and family-based care. The Way Forward Project was released at US State Department Summit held on 8 November 2011 at George C. Marshall Center in the presence of the former Secretary of State Hillary Rodham Clinton and other officials from the US and other parts of the world.[11]

Waktolla engaged in coordinating various projects with NGOs and Government offices geared towards promoting child justice through child friendly courts. He presented a research paper on 'the creation of child friendly courts in Ethiopia' on the UN Conference on the Convention of the Rights of the Child held in Geneva November 2009.[32]

At Harvard Law School Waktolla, as a required written work, authored legal policy research on Land governance regime of Ethiopia.[33] Ethiopia is one of the African countries that attracted foreign investors in agricultural land investment. However, these land investments has led to widespread displacement of the local people and massive human right violations. The government leased these lands to foreign investors by displacing small scale land holders, pastoralists and other indigenous people, who depend on land for their survival.[33] The research focuses on how to redesign the land governance system of Ethiopia by examining a wide range of other countries' collaborative arrangements between large-scale investors and local small-scale farmers and finally proposes what alternative inclusive business models and policy frame works to be adapted in the Ethiopia's context to address the current challenges.[33]

Appointment to the position of Deputy Chief Justice

On November 1, 2018, Prime Minister Abiy Ahmed announced the nomination of Meaza Ashenafi and Solomon Areda Waktolla to the Chief justice and Deputy Chief Justice position of the Federal Supreme Court of Ethiopia respectively in a live, nationwide television broadcast from the Ethiopian Parliament. The House of People's Representatives (HPR) approved the appointment of Meaza Ashenafi and Solomon Areda Waktolla as Chief Justice and Deputy Chief Justice of the Federal Supreme Court respectively[34] by a unanimous vote. Some of the parliamentarians who spoke during the nomination have also praised the Prime Minister Abiy Ahmed for his picks based on meritocracy.[3] Deputy Chief Justice Waktolla, serving alongside newly appointed Chief Justice Meaza Ashenafi, is engaged with reforming[35] and modernizing [36] the Ethiopian Judiciary since coming into office.[37] He is also presiding over one of the cassation benches of the Federal Supreme court.[38] Furthermore, he is serving as a Deputy chair of the Council of the Constitutional Inquiry of Ethiopia.[39]

References
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