Human Right
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Browsing Human Right 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 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 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)