School of Law

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Browsing School of Law by Author "Abdo Muradu"

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    The Afar Customary Criminal Justice System: Towards its Better Accommodation
    (Addis Ababa, Ethiopia, 2017-06) Osman Ahmad; Abdo Muradu
    The state in Ethiopia is failed to enforce its laws effectively and it has also failed to recognize those customary practices officially and sufficiently, though there is a de facto accommodation of customary practices in most parts of the country such as the Afar region. This research has aimed at disclosing the problems of accommodating the customary criminal justice systems in Ethiopia, focusing on the ACCJS (mad'a) and recommending the possible solutions at the end. The research is a mixture of both doctrinal and none doctrinal and qualitative in nature. It has used both primary data collected through in-depth interviews using the purposive sampling method and also secondary data taken from varieties of books, journal articles, official documents, reports, etc. The research findings have disclosed that The ACCJS is a widely applicable traditional mode of justice and the community uses this system as a primary source for all legal disputes. The general publics' opinion of the Afar people towards their customary dispute resolution is highly supporting and favoring the preservation of the current practices. In addition to this, almost all of the informants support the side by side operation of the two systems, with collaboration of one with the other and the harmonization of the two systems to render better service to the general public in the region. Particularly, it is an ambition of the majority that the Afar customary criminal justice system is given official recognition by the formal justice sector employing the best modes of accommodation based on the country's context. At the same time, there are a number of conducive issues that can help the accommodation of mad'a by formal system such as the comprehensiveness, uniformity and regularity of mad'a and the de facto accommodation by the regional government, implicit tolerance by the federal state and some newly developed policies and draft laws at federal level, inclining to the authorization of the ADR system in criminal adjudications in the country, etc.
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    Assessing the Institutional Performance of Urban Land Administration: The Case of Burayu City Administration
    (AAU, 2017-02) Mulisa Mergo ; Abdo Muradu
    This Thesis reviews the legal and institutional framework for urban land in Ethiopia with greater emphasis to the institutional dimension in the context of Burayu City urban land institution. The standards for assessing urban land institutional framework are identified and analyzed. Those parameters have been employed to assess urban land institutional framework of Burayu City using both doctrinal and empirical approaches. Burayu City is selected because of high demand for urban land in the city due to its closeness to Addis and hence, evaluating the state of urban land administration within the city is considered to be very crucial. Putting in place urban land legal and institutional frameworks is necessary but not sufficient for good governance within urban land administration to prevail. Thus, the institution side is expected to be transparent, accountable, armed with complaint handling scheme and operate with a mind-set to serve the public especially with a spirit of agency. Thus, the Thesis has employed these standards to assess the urban land institution of the study area and found that the performance of the institution in connection with service delivery regarding land is far below the standards due to the fact that there is lack of transparency, accountability and agency mentality and the complaint handling scheme established at this sector is almost not serving the customers. Burayu City Urban Land Institution ignores the feedback that comes from the complaint handling scheme established at city administration to handle complaints. The Thesis argues that absence of guidelines on transparency and accountability and mechanisms of ensuring the same within urban land institutions results in absence of these standards on the ground in service delivery. The role of mass media, public representatives, civil organizations and others in overseeing how public institutions are serving the public is very insignificant. Mechanism such as significant supervision or monitoring (including by external actors) is almost absent. This Thesis, thus, recommends that the problems of transparency, accountability, complaint handling and agency should be solved to ensure good governance in urban land administration.