College of Law and Governance Studies
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Browsing College of Law and Governance Studies by Author "Abate, Mizanie (PhD)"
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Item Competence and Legitimacy of Ethiopian Courts in the Adjudication of Socio-economic Rights: An Appraisal of the Challenges and Prospects(Addis Ababa University, 2010-12) Bogale, Sisay; Abate, Mizanie (PhD)Item IHL and War on Terrorism: The Case of Al-Shabbaab(Addis Ababa Universty, 2017-01) Alamrew, Tewodros; Abate, Mizanie (PhD)Currently armed conflicts are becoming more complex and difficult to regulate. Technological developments sophisticated the means of warfare with immense destructive capacity of military weapons which pose a challenge on the purpose of international humanitarian law to ensure compliance on the protection of civilians and regulate means and methods of warfare. The sophistication of military powers particularly state military powers makes international armed conflict a rare business of states. On the contrary there is a high increment of non-international armed conflict. Political, ethnic, national or religious grievances and the struggle for access to critical resources remained as the source of many ongoing cycles of armed conflict, and have sparked recent outbreaks of hostilities. However, great military power of states makes fruitless the efforts of non-state parties to achieve their objective on the traditional means and methods of armed conflict. Because of this impasse a number of non-state armed group use all sorts of means and methods of warfare to the extent to compromise the basic principles of IHL. Moreover, in contemporary armed conflict it is possible to easily identify a large share of the armed conflict is NIAC. These situations corroborated with insufficient regulation of IHL over NIAC increase the suffering of civilian and make them vulnerable to military attacks.Item Implementation of the Right to Housing of Persons with Disabilities in Addis Ababa(Addis Ababa University, 2018-06) Kenea, Fasika; Abate, Mizanie (PhD)Item The Implications of the Ethiopian Civil Society Law on Efforts of Non-Governmnetal Organizations to Enhance the Implementation of the African Charter on Human and People’s Rights in Ethiopia(Addis Ababa University, 2018-06) Yaschalew, Rediet; Abate, Mizanie (PhD)Protection and promotion of human rights need a far-reaching effort of all stakeholders. It is rather not left to states and treaty bodies only. Individuals often face financial and other constraints to bring claims to treaty bodies or domestic courts while states may not always be able to protect and promote human rights of individuals. Regrettably, treaty bodies and other international organizations may be unable to witness and investigate human right violations that occur in different states across the globe. In such instances, NGOs play a momentous role in protecting individuals from human rights abuse and violations. In the African context, NGOs often make concrete proposals to the African Commission on Human and Peoples’ Rights on measures it could adopt to investigate the specific country situations on human rights or violations or mechanisms it could establish to deal with thematic issues. Ethiopia, as a party to the African Charter on Human and Peoples’ Rights is expected to implement the Charter nationally, which entails the need for NGOs to enhance this implementation emanates. Hence, this study seeks to evaluate the human right implication of the Ethiopian NGOs laws specifically, the Charities and Societies Proclamation and its implementing directives in enhancing the domestic implementation of the Charter. The thesis questions whether there is enough space for NGOs to nationally implement the African Charter in Ethiopia and argues that there is no adequate space for NGOs to do so due to the operational and funding impediments under the Ethiopian charities and societies law imposed on NGOs that are working and intending to work on human rights. Key words: CSOs, NGOs, association, implementation.Item The Protection against Enforced Disappearance in Ethiopia(A.A.U, 2020-12) Saketa, Getu; Abate, Mizanie (PhD)Enforced disappearance (ED) is a longstanding but neglected problem in Ethiopia. There are outstanding cases of disappearance that remain unresolved to date. This research analyzes the protection against ED under the current legal regime of Ethiopia. The research employed a hybrid of both doctrinal (desk review) and non-doctrinal (fieldwork) legal research approach. The findings of the research include gaps and challenges such as lack of criminalization of ED and failure to resolve outstanding cases of past disappearances and continuing trends of disappearance. Besides, there is no adequate legal protection against ED in Ethiopia notwithstanding some promising developments such as Ethiopia’s expression of interest to ratify CPED and establishment of the Reconciliation Commission. Last, the research submits that the GoE should take necessary policy, legal and institutional measures towards the protection of all persons from ED.Item The Protection of Ethnic Conflict-induced IDPs in Ethiopia: A Case Study of Guraferda Woreda in Bench- Maji Zone(Addis Ababa,University, 2017-04) Desalegn, Rabel; Abate, Mizanie (PhD)Apart from natural disasters Ethnic or Inter communal conflict, generalized violence and human rights violations have been identified as the major man-made causes of internal displacement in Ethiopia. Examining, on the basis of international standards, the adequacy of national laws, policies and strategies to properly respond to the plight of IDPs in general and ethnic conflictinduced IDPs in particular is the central subject of this study. To strength the facts a case study of Guraferda forced eviction and displacement is included. The justifications behind the forced evictions and the manner of displacement were assessed on the basis of international law. To this end both primary and secondary sources were employed. Semi-structured interview which detailed on legal standards was utilized to interview both government officials and some of the victims to get a significant primary data. Primarily thematic data analysis and in few occasions explanatory method was employed in data analysis. The study found out that the justifications for the forced evictions of the peasants from Guraferda woreda; holding land and building house without permit, committing deforestation and injuring the ecosystem are not in conformity with international law which specifically outlawed displacements that are not justified by the safety and wellbeing of the displaced or outweighing public interest. Even though the grounds alleged by the authorities could be said reasonable, the manner of the eviction significantly violated several human rights including the right to movement, the right to liberty, the right to life and physical integrity while at the same time it disregarded minimum due process guarantees such as voluntariness, prior information, and proper time to prepare themselves. IDPs in general and ethnic conflict-induced IDPs in particular are not protected in special law, policy, and strategy and or action plan in the country and the existing general policy and action plan do not accommodate the special needs of IDPs. Particularly ethnic conflict-induced IDPs, in addition to the lack of human rights respect and humanitarian assistance, have no guarantee for durable solutions as these sustainable solutions are at the discretionary palm of the concerned local or regional government.Item The Responsibility to Protect and the Current Syrian Crisis(Addis Ababa University, 2017-05) Amberber, Afel; Abate, Mizanie (PhD)The Responsibility to Protect (R2P), an international norm established in 2005 by the United Nations, stipulates conditions under which the United Nations should intervene in defense of victims of mass atrocities in a member state. R2P’s goal is to define the best attitude to adopt when the world is confronted to grave humanitarian crises. Within R2P, each state carries the primary responsibility to protect its citizens. The international society carries a collective duty to solve a humanitarian crisis when a state has failed to fulfil this responsibility. The concept R2P implies a series of conditions whose purpose is to grant legitimacy and effectiveness to an international intervention aimed at solving a humanitarian crisis. The Syrian conflict constitutes an evident case where the international society failed to fulfil its responsibility to protect. The people in Syria are suffering from mass atrocities and their consequences are left on their own, because the international society is being unable to respond collectively. These thesis examines how the conditions towards R2P were addressed in the cases of Syria and how those actions should be incorporated in the eyes of international law to stop the violence against the Syrian people.Item The Right to Conscientious Objection under Ethiopian Law(Addis Ababa University, 2011-06) Tesfaye, Meron; Abate, Mizanie (PhD)Conscientious objection is the refusal to participate in armed services based upon opposition to armed conflict This opposition may rest upon reasons of religious belief, philosophy, morality or political ideology, Historically, many conscientious objectors have been executed, imprisoned or otherwise penalized when their beliefs leads to actions conflicting with their society's legal system or government Nowadays, however, the right to conscientious objection to military service is can be inferred fi-om a number of international human rights instruments, It is considered as an extension of the right to freedom of thought, conscience and religion which is recognized under article 18 of Universal Declaration of Human Rights (UDHR) and International Covenant on Civil and Political Rights (ICCPR), This right has got also an implied recognition under the Federal Democratic Republic of Ethiopia (FDRE) Constitution. The problem is that however the Constitution as well as subordinate legislations does not address plenty of issues arising in connection with the right to conscientious objection. They do not provide the grounds of exemption from military service, the scope of objection, the type and the duration of alternative service and the organ that entertain conscientious objection application. They are not clear also weather enlisted and professional soldiers have the right to claim the right to conscientious objection.Item The Right to Life and Prevention of Road Accident Deaths: Analysis of the Ethiopian Policy, Legal and Institutional Frameworks(Addis Ababa University, 2017-12) Mathewos, Hanna; Abate, Mizanie (PhD)Item State Reporting under the Banjul Charter: Its Role and Pitfalls in the Protection and Promotion of Human Right in Africa(Addis Ababa University, 2010-06) Hailemariam, Asnake; Abate, Mizanie (PhD)Item Thelegal Basis, Relevance and Effectiveness of One Stop Center in Ensuring Rights of Women and Children in the Ethiopian Criminal Justice System(Addis Ababa,University, 2021-09) Mesfin, Miheret; Abate, Mizanie (PhD)Violence against women and children is a world phenomenon that is increasing at an alarming rate. To respond to this horrifying action countries are devising a mechanism that provides multi-sectoral case management for survivors including health, welfare, counseling, and legal services with a single site called a one-stop center. This research was conducted with the principal aim of examining the status of one-stop service centers and explores the positive actions and challenges ensuring effective one-stop service that assists the Ethiopian criminal justice administration. The researcher used qualitative analysis methodology that incorporates qualitative information assortment and each doctrinal and non-doctrinal approach. The paper found out that one-stop centers in Ethiopia try to give the intended service though, it is not satisfactory and most of the centers lack adequate trained human resources, required facility, and lack of institutional attention. The writer also recommends for improvement of a legal framework, trained personnel, adequate budget and equipment, and experience sharing.