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Enforcement of the Recommendations of Ethiopian Human Rights Commission: Accomplishments and Challenges

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dc.contributor.advisor Alemahu, Sisay (PhD)
dc.contributor.author Alayu, Ayalnesh
dc.date.accessioned 2018-12-16T11:18:37Z
dc.date.available 2018-12-16T11:18:37Z
dc.date.issued 2018-06
dc.identifier.uri http://localhost:80/xmlui/handle/123456789/15152
dc.description.abstract This thesis is aimed at assessing recommendation enforcement practice of EHRC and challenges that the Commission has faced in its endeavor to ensure implementation of its recommendations. It seeks to discover what enforcement tools the Commission employed to enforce its recommendations, how these tools are effective to ensure compliance with recommendations and to provide effective remedies for victims of human rights violations and what challenges hindered adequate enforcement of its recommendations. To achieve this purpose qualitative research approach was employed and both primary and secondary data sources were used. The primary data include data from interviews, FGD, reviews of annual reports of the Commission and investigation files and recommendations and reports of the Commissions submitted to HOPR on recommendation enforcement challenges. It also include data from analysis of relevant provisions of establishing laws of EHRC,EIO, some NHRIs of other countries, Investigations and Mediation Directives of EHRC, FDRE Constitution, PPs, and federal supreme court cassation division decision, Proclamation No.454/2005. The secondary data used in the study include reviews of relevant books, thesis and other documents related to the research problem. The thesis has finally found that despite its failure to exercise its formal enforcement power, the Commission has employed different non-confrontational enforcement tools to ensure implementation of its recommendations. These include reporting to the HOPR, roundtable discussions, and field missions, summoning respondents to the office of the Commission and warning letter. These enforcement tools are proved ineffective to ensure compliance with recommendations when the cooperation of respondents is lacking. As a result, majority of the recommendations were left unenforced. The main challenges that hinder adequate enforcement of recommendations were resistance by respondents on different grounds such as citing legal bases for their actions, failures of the Commission to exercise its formal enforcement power which is a direct consequence of its failure to fulfill the necessary preconditions to use such power and legal gaps pertaining to the Commission’s enforcement power. As result of these findings, the thesis recommends that the Commission should conduct exhaustive investigation and forward persuasive and strong recommendations; it should commence the use of its formal enforcement power upon fulfilling necessary preconditions and pending that, it should make a proposal for the amendment of its proclamation to empower it to take appropriate legal action which directly aimed at enforcing its non-complied recommendations. en_US
dc.language.iso en_US en_US
dc.publisher Addis Ababa University en_US
dc.subject enforcement practice of EHRC,EHRC en_US
dc.title Enforcement of the Recommendations of Ethiopian Human Rights Commission: Accomplishments and Challenges en_US
dc.type Thesis en_US

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