Solomon Areda Waktolla | |
Native Name: | ሰለሞን አረዳ ዋቅቶላ |
Office1: | Judge of the United Nations Dispute Tribunal |
Term Start1: | 1 July 2023 |
Office2: | Vice-President of the Federal Supreme Court |
Term Start2: | 1 November 2018 |
Term End2: | 17 January 2023 |
Primeminister2: | Abiy Ahmed |
President2: | Sahle-Work Zewde |
Successor2: | Abeba Embiale |
Predecessor2: | Tsegaye Asemamaw |
Birth Place: | Garba Guracha, Salale, Ethiopia |
Spouse: | Mulualem Girma |
Education: | Harvard Law School (LLM) Harvard Kennedy School of Government (MPA) Amsterdam University (LLM) Addis Ababa University (LLB) |
Children: | Blen Solomon Nahomi Solomon Keol Solomon Beka Solomon |
Solomon Areda Waktolla is an Ethiopian lawyer who had served as the Deputy Chief Justice/Vice President of the Federal Supreme Court of Ethiopia from 2018 to 2023.[1] Solomon is a prominent[2] lawyer[3] with 25 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] Justice Waktolla served in the Ethiopian Judiciary mainly as a judge for 20 years on different levels of the court in both regional and federal positions.[6] In addition, he 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] Justice Solomon Waktolla was appointed on 15 November 2022 by the UN General Assembly as a Half-time Judge of the United Nations Dispute Tribunal for a mandate starting on 1 July 2023 and ending on 30 June 2030. In addition, He has been appointed by the Board of Directors of the African Development Bank as a Judge of the Administrative Tribunal of the African Development Bank, effective from November 2023. Justice Waktolla is an accomplished judge and jurist with many years of legal and judicial work experience at both national and international levels.[8]
Solomon Areda Waktolla born in the town of Garba Guracha, Salalee, North Shewa zone of Oromia regional state in Ethiopia.
Justice Solomon Waktolla 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 received 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, Solomon 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] Solomon is a fellow of Golda Meir Mount Carmel International Training Center[10] and an alumnus of the Center for American and International Law.[13]
After graduating from the law school, Solomon began working as an assistant judge in the Oromia Region Supreme Court. After his clerkship, Solomon 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, Solomon started his judgeship at the Federal First Instance Court of Ethiopia.[3] From February 2003 to January 2009, Solomon served as a Federal High Court Judge and sat in Commercial, Criminal and Labor Divisions of the Federal High Court.
During his six-years tenure at the Federal High Court, Justice Solomon presided over the historical Ethiopian 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]
In January 2009, the Ethiopian House of Parliament appointed Solomon to serve as the Vice President of the Federal First Instance Court of Ethiopia.[16]
After graduating from Harvard law School, in December 2014 Solomon 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.[17] He advised both local, as well as global multi-nationals[6] seeking to do business in Ethiopia and other African Countries[18] [19] Solomon also represented local and international companies on multi-million commercial disputes before Federal Courts and Arbitration Tribunals.
Deputy Chief Justice Solomon 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.[20] 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.[21]
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, Justice 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.[22]
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 Solomon 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]
Justice 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.[23]
At Harvard Law School Justice Solomon Waktolla, as a required written work, authored legal policy research on Land governance regime of Ethiopia.[24] 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. 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 frameworks to be adapted in Ethiopia's context to address the current challenges.
On 1 November 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 the Ethiopian Parliament. The House of People's Representatives (HPR) approved their appointment by unanimous vote.[25] 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 Solomon Waktolla, serving alongside newly appointed Chief Justice Meaza Ashenafi, is engaged with reforming[26] and modernizing [27] the Ethiopian Judiciary since coming into office.[28] He is also presiding over one of the cassation benches of the Federal Supreme court.[29] Furthermore, he is serving as a Deputy chair of the Council of the Constitutional Inquiry of Ethiopia.[30]
On 17 January 2023, Meaza Ashenafi and Solomon Areda Waktolla resigned from their post. A letter of HoPR did not mention the reason behind their resignations.[31]
Justice Solomon Waktolla served as a Deputy Chief Justice from November 2018 to January 2023. He was involved in the judicial reform in Ethiopia, which aimed to enhance the performance, independence, and accessibility of the federal courts. His participation in the Comprehensive Justice System Reform Program Base Line Study led to various reform activities. [32]
During his tenure, Justice Waktolla was instrumental in bolstering the independence of the judiciary. He harbored a distinct and ambitious vision of transforming the judiciary from a weak and subservient institution into a strong and independent one. Working alongside Chief Justice Meaza Ashenafi, he undertook historic and pragmatic steps to ensure that the judiciary served as the custodian of the constitution, the defender of human rights, and the advocate of the rule of law. To realize this vision, he initiated and implemented several innovative and bold reforms that successfully fostered an independent judiciary.[33]
He was pivotal in the enactment of two significant proclamations, Proclamation No. 1233/2021 and 1234/2021. These set new structures, procedures, and standards for the federal courts and judges. He also played a key role in the issuance of numerous directives and regulations to address the challenges and gaps in the judicial system. These legal reforms were designed to make the judiciary more efficient, effective, transparent, and accountable in delivering justice to the public by successfully addressing the main bottlenecks of the Ethiopian judicial system. [34]
One of the reforms that Justice Waktolla championed was the introduction of a case flow management system to the Ethiopian judiciary. It involved the classification, allocation, and tracking of cases based on predefined criteria and timelines, as well as the monitoring and evaluation of the performance of the courts and judges.[35] He also played a crucial role in the introduction of the court-annexed mediation system.[36] In this system, cases are referred to court officers who mediate between the parties to help them reach a mutually agreeable settlement. Once the judge approves the settlement, it carries the same weight as a court decision and could be enforced automatically.[37] These are aimed to improve the efficiency, effectiveness, and accessibility of the judicial service.
Justice Solomon Waktolla was a key figure in the Ethiopian judiciary, playing a decisive role in the introduction and foundational development of the electronic court case management system. He recognized the potential of digital technology to overcome the traditional challenges of case management and devoted himself to laying the groundwork for this transformation, contributing significantly to the modernization of the Ethiopian judiciary.[38]
Justice Waktolla also played a significant role in implementing a reform that introduced court etiquette and judicial branding. This was necessitated by the need to enhance the judiciary’s image and reputation, which had been marred by years of political meddling, corruption, and inefficiency. The reform ushered in a new code of ethics and conduct for judges and court staff, established courtroom etiquette, standardized judicial robes, and introduced a judicial logo and courtroom interior design standards. These measures aimed to uphold high standards of professionalism, integrity, and impartiality. Additionally, the reform improved the courts’ physical appearance and work environment through building renovations and provision of adequate facilities. [39]
Justice Solomon Areda Waktolla was appointed as a half time Judge of the United Nations Dispute Tribunal for the term 2023-2030 by the UN General Assembly in its 34th plenary meeting 77th session held on the 15th of November 2022 in New York. The United Nations Dispute Tribunal (UNDT) is the court of first instance in the internal justice system of the United Nations. The UNDT is composed of three full-time Judges and six half-time Judges. All of them have a seven years term.[40] In Pursuant to the UN General Assembly resolution 63/253 and further amended subsequent resolutions and the statute of the Dispute Tribunal, the judges shall be appointed by the General Assembly on the recommendation of the Internal Justice Council. To be eligible for appointment as a judge, a person shall be of high moral character and impartial and possess many years of judicial experience in the field of administrative and international law, or the equivalent within one or more national jurisdictions. The judges of the Dispute Tribunal shall be considered officials other than Secretariat officials under the Convention on the Privileges and Immunities of the United Nations. In this highly competitive election, Justice Solomon Waktolla won Justice Joanne Harrison, associate justice of supreme court in Australia, scoring the highest vote of 97 out of 190 member states of UN General assembly meeting.[41]
Likewise, Judge Sun Xiangzhuang from China's Supreme people's Court and Judge Sean Daniel Wallace, a Maryland judge from United States,were also appointed as a Judge of the United Nations Dispute Tribunal by the UN General Assembly in its 34th plenary meeting 77th session for terms beginning on 1 July 2023 and ending on 30 June 2030.[42]
On June 15, 2023, Justice Solomon Waktolla was sworn into office at the United Nations headquarters in New York. The oath was administered by UN Secretary-General António Guterres. As he stood in the UN headquarters, taking the oath of office, Judge Waktolla embarked on a new journey to uphold justice on a global platform. [43]
Justice Waktolla has made significant contributions to the United Nations Dispute Tribunal (UNDT) in his role as a judge. He has been involved in numerous cases presented before the Tribunal demonstrating his commitment to justice and fair resolution of disputes. His decisions reflect his deep understanding of the law and his dedication to upholding the principles of the United Nations. [44] His work at the UNDT [45] is a continuation of his efforts in Ethiopia, where he served as Deputy Chief Justice of the Federal Supreme Court and was instrumental in judicial reforms. His experience and expertise have greatly benefited the UNDT and have had a profound impact on the cases he has handled.
Justice Solomon Waktolla has been appointed by the Board of Directors of the African Development Bank as a Judge of the Administrative Tribunal of the African Development Bank, effective from November 2023. According to the Tribunal’s statute, the Tribunal has the authority to hear appeals from the Bank’s staff members against administrative decisions that infringe their employment contract or terms of service. The Tribunal is also empowered to provide an advisory opinion on any legal question related to the Bank’s general administration, at the request of the Board of Governors of the African Development Bank, whenever it is deemed necessary or appropriate. While serving on the Tribunal’s bench, Justice Waktolla will continue to hold his current position as a half-time Judge of the United Nations Dispute Tribunal.[46]
Justice Solomon Waktolla was married to his wife Mulualem Girma Tadesse. They had two daughters Blen Solomon and Nahomi Solomon, and two sons Keol Solomon and Beka Solomon. [47]