Human Right

Permanent URI for this collection

http://etd.aau.edu.et/handle/123456789/101

Browse

Browsing Human Right by Author "Abay, Solomon (PhD)"

Now showing 1 - 5 of 5
  • No Thumbnail Available
    Item
    Corporate Human Rights Abuse and the Accountability gap in Ethiopia
    (AAU, 2020) Alemayehu Begna; Abay, Solomon (PhD)
    The issue of imposing human rights obligations on business organizations started to be at the center of the international community agenda as a direct response to the high profile companies’ human rights violations in various corners of the world. National, regional, transnational and international institutions are taking various initiatives to address this corporate human rights abuse. Ethiopia has recently witnessed an increase in the number of domestic and transnational corporations doing business in Ethiopia in diversified business sectors. Besides, Ethiopia has been undertaking many development projects owned, financed or run by state-owned enterprises, and the names of these domestic, foreign and state-owned enterprises have already been linked with human rights abuses in Ethiopia. This thesis analyses whether Ethiopia has progressive policy and legal frameworks to protect persons within its jurisdiction from corporate human rights abuses, and that would enable it to ensure accountability for corporate human rights violations
  • No Thumbnail Available
    Item
    The Desirability of Introducing a Two-tier Board Structure in the Ethiopian Corporate Governance System
    (A.A.U, 2020) Tariku Tamiru, Daniel; Abay, Solomon (PhD)
    The board of directors could be an exceptionally complex organ considering its source and reasons for presence, board members' connection to the corporations, shareholders and officers, and board's function and models. In the corporate world, there are two predominant board of structures namely a Two-tier board (dual-model) and the One –tier board (unitary model) structure which Ethiopia follows currently. The two-tier board structure composed of the supervisory board and managerial board whereas in the former one it unifies both i.e. the managerial and supervisory board. A certain company has to be fulfilled with a well-governed and well-functioning effective board of directors to become successful. Accordingly, In Ethiopia, these days, the general public, as well as the business community, begins to come out from the cubicle approach and engages in share companies that require collaboration and a large investment. The numbers of share companies that are being formed are dramatically increasing. However, the current board of directors’ governance laws are being detached with several gaps and the very updated principles of corporate governance are not included in the code and other subsequent legislation. Accordingly, this study is concerned to examine the shortcoming of the two systems in terms of benefiting the viability of the company, shareholders, management’s, employees, and also society in general. This study will also further analyze whether the Ethiopian corporate legal system should introduce the two-tire board structure or not.
  • No Thumbnail Available
    Item
    Financial Consumer Protection in the Ethiopian Banking Sector: Analysis of the Legal and Institutional Framework
    (Addis Ababa, Ethiopia, 2020) Demissie, Gemechis; Abay, Solomon (PhD)
    The Banking sector is strategic and vital for economic development. The 1929 economic crisis evidenced how important it is and how the regulatory framework is needed to protect the sector and the overall economic sphere of society. The banking regulatory framework may generally be bifurcated into prudential and market conduct regulation. Prudential regulation was majorly used and implemented until the 2008 Global Financial Crisis. Afterward, however, market conduct regulation got emphasizes and started to be implemented in the financial sector. Market conduct regulation is about protecting consumers and ensuring that they are treated fairly by financial institutions. Ethiopia has also recognized financial consumer protection under the national financial inclusion strategy in 2017. Before this year, however, there were fragmented and scattered provisions that were used for financial consumer protection in different legislations besides the general consumer protection laws. Recently, a new banking law has specifically alienated the subject matter to be regulated by the National Bank of Ethiopia. Following this mandate, the National Bank came up with a tailored financial consumer protection directive that applies only to financial service providers, including banks. This thesis, hence, particularly interests itself to evaluate the adequacy of the financial protection law of Ethiopia against the G20-High Level Principles on financial consumer protection and relevant countries’ experience. The thesis argues that Ethiopia has endeavored to craft a comprehensive legal framework as well as institutional arrangements. However, there are gaps such as the issue of juridical person coverage in financial consumer definition, external dispute resolution mandate of the National Bank, non-existence of standard for sales practices including tying of product as well as pyramid selling, incomprehensiveness of fraud monitoring and prohibition, non-existence of national document for education & awareness creation on the subject matter, under-resourced of institutional framework or unit, the gap in coordination and cooperation among stakeholders are inter-alia. Hence the thesis call for due consideration of incorporating these gaps and a better framework be deliberated.
  • No Thumbnail Available
    Item
    The Implication of African Continental Free Trade Area Agreement on Ethiopia’s Foreign Trade Regulation
    (A.A.U, 2020-09) Amlaku, Dereje; Abay, Solomon (PhD)
    On 21 March 2018 in Kigali, Rwanda, at the 10 th Extra-ordinary and ever historic summit of the AU, representatives of African state members with strong political devotion and commitment, have adopted the African Continental Free Trade Area Agreement (AFCFTA) to boost intra-African Trade and bring radical economic development among member states through creating a liberalized single continental market facilitated by the movement of natural persons and capital mainly for the free flow of trade in Goods and trade in Services by dismantling tariff and non-tariff barriers of trade. Ethiopia, a country within Africa, has become a member and ratified actively the AFCFTA agreement in order to tackle poverty and transform its citizens from poverty shelf story to the betterments of tomorrow. Accordingly, in this Paper, I argue Ethiopia as LDC, as a member to COMMESA, was awarded a market access opportunity, but that was insignificant to attain competitiveness of the export sector. She also tried to balance its foreign deficit by providing incentives for the export sector but not that much meaningful. So that, the foreign trade regulation regime has to be reformed to benefit from AFCFTA Agreement. As a result, the AFCFTA agreement will have an implication on Ethiopia’s foreign trade regulation; first, it enables Ethiopia to reform its policy and strategy, legal and institutional frameworks in a way to host trade liberalization and avoidance of tariff and non- tariff barriers of trade. Second, it would have an implication to assess and restructure regulatory tools of foreign trade regulation regime. First, I argue that liberalization of tariff, quantitative restriction and export duties as per AFCFTA Agreement positively implies to have more trade flow to drive economic growth, but it will pose a problem of government revenue loss and impact on the competitiveness of the domestic industry. Second, harmonization of technical measures as per the AFCFTA enables the country to have a competitive export sector through quality assurance and enhance food safety and security even though it requires its technical costs. Third, legislating trade remedy laws and domestic arrangements as per AFCFTA is pertinent, since it protects the domestic industry from unfair and unintended trade practice. Fourth, sticking to AFCFTA’s rules of origin enables the country to intercept the regional supply chain and promote value addition. Fifth, having a simplified customs regulation enables to have an effective and efficient customs regime though it requires investing infrastructure and automated technologies. Finally, liberalization of the service sector including the financial sector and the foreign exchange regime is valuable to facilitate business transaction, attract FDI and to generate economic growth, but it requires capacity building of the domestic industry in order to protect it from floating by foreign companies.
  • No Thumbnail Available
    Item
    Legality of Circulars as Regulatory Instruments in Ethiopia: the Case of National Bank of Ethiopia (NBE)
    (Addis Ababa, Ethiopia, 2020) Wolde, Addis; Abay, Solomon (PhD)