Browsing by Author "Assefa, Getachew(Associate professor)"

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    The Constitutionality of Enacting Media Law of National Application by the Federal Legislature in Ethiopia
    (AAU, 2017-11-14) Marelign, Hanan; Assefa, Getachew(Associate professor)
    Division of legislative power of the state between the federal government and the constituent states is one of the essential aspects in the Ethiopian federal arrangement. This thesis investigates the legislative constitutional competence of the federal legislature for enacting Media laws of national application in Ethiopia. The issue at the heart of the thesis is that the constitution has not clearly assigned the legislative jurisdiction in relation to media laws. The FDRE Constitution has provided enumerated and limited powers to the federal government and bestowed residual power to the constituent states. Some of the enumerated powers, however, are stated in a general fashion. This creates ambivalence as to the legislative jurisdiction of media laws in Ethiopia. This thesis attempts to examine the locus of jurisdiction of media law in view of the legislative division of power in the Ethiopian constitution. To this end, it employs tools of legal review, doctrinal analysis and qualitative data obtained from interviews and Archival documents. Looking in retrospect the constitutionality of enacting broadcasting laws of national application by the federal legislature in Ethiopia appears to be justified in three fundamental aspects. Firstly, the federal legislature has the power to legislate a law pertaining to natural resources and limited radio wave is considered as one amongst them. Though digital media is replacing traditional radio wave broadcasting technology, it is still beneficial when mixed with the new. Secondly, the feature of broadcasting media has trans-regional as well as trans-national impact which calls for federal regulation. Thirdly, the federal legislature can enact laws on inter-state commerce and inter-state trade and broadcasting media has trans-state commercial aspect which demands federal regulation. Finally, the paper argues that media laws as part of the legal regime for the enforcement of freedom of expression rights recognized in the constitution falls within the concurrent jurisdictions of federal and state governments which entitles the federal legislature to pass mass media laws.
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    Local Elections in Ethiopia: Law and Practice in Oromia Regional State
    (Addis Ababa, Ethiopia, 2022-05) Legese, Yared; Assefa, Getachew(Associate professor)
    In local elections, citizens participate directly by themselves to elect their local representatives. When they participate, how elections are held, and the laws that regulate elections matter. Local elections should be held freely and fairly following the principles of universal, periodic, free, fair, equal, and secret voting procedures. More importantly, the elections should be held competitively and inclusively. In this regard, the laws governing local elections play a pivotal role in establishing a fair level playing field. The laws governing the elections are primarily guided by the standards set by international human rights instruments and national constitutions. Although not yet realized, in Ethiopia, the reform toward local decentralization and democracy was initiated in 1991. Since then, six national elections and five local elections have been carried out in the country. Particularly, in the Oromia region, local elections have been conducted to elect local representatives to the woreda, kebele, and city administration councils. Though the elections were conducted at a different level, the laws governing local elections in the region do not seem consistent with the standards and principles of election set forth in the international human rights instruments and the national constitution. The laws, in particular, limited the democratic rights of citizens in city council elections by reserving a significant number of seats solely for the dominant groups in the region. In addition to this, the practice of local elections in the region also reveals that elections have not been free, fair, democratic, and competitive and that the ruling party has always dominated the elections. Moreover, the practice also implies that local elections have gotten very little attention from many stakeholders. Therefore, this study examines the law and the practice of local elections in the Oromia region in line with the standards and principles of elections set by international human rights instruments and the FDRE constitution. By combining doctrinal and non-doctrinal research methodologies with a qualitative approach, this paper advocate for the revision of some provisions in the regional laws and enhancing local election practices in the region.
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    The Place and Relevance of Public Interest Litigation in Ethiopia
    (Addis Ababa, Ethiopia, 2017) Mulatu, Kassahun; Assefa, Getachew(Associate professor)
    Similar to the need for a democratic constitution and modern laws, the realization of effective access to justice holds an indispensable place. Without effective means of redressing injustices, constitutionalism and rule of law are unattainable and citizen’s rights recognized by the Constitution will be a mere wish. However, effectively realized access to justice serves as a means to enforce rights and deter unlawfulness. A country having liberal rules of standing for enforcing constitutional rights has more enhanced public participation in ensuring the observance of laws. To the reverse jurisdiction having strict procedural rules of standing will unreasonably prevent citizens from protecting the Constitution and other laws. Even though its level of implementation and the subject matter it involves differ across the world, Public interest litigation, which is the result of liberal rules of standing, has been successfully utilized to vindicate public interests using law and judicial bodies. It has shown significant achievements in countries like USA, India and South Africa for realizing justice mainly to those who are unable to access justice due to various forms of barriers and disabilities. Though PIL is not familiar with the Ethiopian legal system, there are some few subsidiary laws in the country which expressly provide for broad rules of locus standi for instituting proceeding. However, even though the need for PIL is undeniable, the PIL experience of our country is near to none. The constitutional space of PIL in Ethiopia is one of a constitutional issue surrounded by controversial arguments of legal scholars. Therefore, the study has attempted to thoroughly examine the constitutional place of public interest litigation in Ethiopia by indicating its relevance if adequately introduced into the country’s legal system. The study has also identified some of the main problems attributed to the weak practice of PIL in the country’s legal system. Basing on the gaps and problems identified by the study, relevant recommendations are provided.
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    Political Participation of Women in Ethiopia: Law and Reality
    (2022-06) Ture, Chala; Assefa, Getachew(Associate professor)
    In the past, women were not allowed to participate in their country's politics. Women's equal participation and representation in politics is a fundamental human right recognized under international human rights instruments and domestic legislation. These laws prohibited unreasonable restrictions on the enjoyment of the right to political participation. As a result, in addition to the numerous benefits, it provides to women, political parties, and society in general, equal participation of women in the politics of the country is justifiable from a human rights standpoint. Although women constitute half the population of the country and the existing laws that provide for their equal participation in politics and affirmative actions, women’s participation in formal politics remained low. Therefore, the objective of this study is to examine the legal regime-governing women’s political participation in Ethiopia against the reality on the ground. To this end, the research has employed a combination of doctrinal and non-doctrinal legal research methodology. Further, the study has used both qualitative and quantitative data. Accordingly, the finding of the study shows that despite laws on equal participation and affirmative measure aimed at compensating women for past injustice and discrimination, the participation of women remained underrepresented in political institutions covered under this study. The theoretical and empirical experiences of other countries within the ambit of the paper show that the adoption of electoral systems that promote women’s representation and the introduction of legislated quotas as part of the implementation of constitutionally mandated affirmative measures are the best mechanism to ensure the women’s representation in leadership and decision-making. Therefore, it is recommendable for Ethiopia to ensure the full implementation of the existing laws on equal participation and adopt electoral systems that promotes women’s representation and legislated quotas as part of the implementation of constitutionally mandated affirmative measures. Key
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    State of Emergency at Sub-National Level: The Normative Implications of the State of Emergency Proclamation No. 1/2020 of the Tigray Regional State
    (Addis Ababa, Ethiopia, 2021) Gebrezgabher, Gebrecherkos; Assefa, Getachew(Associate professor)
    To minimize abuse of SOE powers, different principles are developed both internationally and nationally to regulate SOE. In addition to this, due to the constitutional division of powers between the federal government and states, in federations, there is an additional issue of allocating SOE powers to both governments. Unlike constitutions of other federations, the FDRE Constitution introduces pure concurrent SOE powers in cases of natural catastrophe and epidemic, without devising mechanisms to regulate possible inconsistencies. This constitutional gap created an illusion on what powers are for the federal government and what others for the states? And how inconsistencies between federal and state laws can be managed? This research, hence, examines the normative implications of the Tigray regional state SOE in the light of the principles of SOE and division of powers. The research shows that in addition to the violation of fundamental principles of SOE, by the SOE law enacted by the Tigray regional state, its enactment and implementation also violated the supremacy clause of the Tigray regional state constitution and was contrary to federal division of SOE powers of different federations. This paper looks at mechanisms of managing concurrent SOE powers in other federations, and attempts to show the shortfalls in the area of the Ethiopian Constitution that may call for its amendment. Accordingly, the findings of the study imply that legislative, executive and judicial mechanisms of managing concurrency as experienced in other federations need to be included in the FDRE Constitution in order to prevent and/or reconcile inconsistencies. These mechanisms also play a great role in avoiding unlawful SOE laws and regulations for they, by their nature, promote checks and balances between the two tiers of governments.
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    Trends Eroding the Self-Governing Right of Addis Ababa City Residents
    (Addis Ababa, Ethiopia, 2022-06) Dawit, Mussie; Assefa, Getachew(Associate professor)
    Self- government is an important subject in the politics of most capital cities. ‘Local self-government denotes the right and the ability of local authorities, within the limits of the law, to regulate and manage a substantial share of public affairs under their own responsibility and in the interests of the local population. In Ethiopia context ‘Every Nation, Nationality and People in Ethiopia has an unconditional right to self-determination, including the right to secession. It is provided in the FDRE constitution that the residents of Addis Ababa shall have a full measure of self-government. The very important question that should be raised here is that are self-determination and self-government one and the same? It seems that the constitution is not considering them as one and the same. The general objective of this research was to critically analyze the trends that erode the self-governing natural right of Addis Ababa city residents. Accordingly, the Specific objectives were: Discussing the concept of a self-government; Examining the level of the self-government right of Addis Ababa city residents; Identify barriers that hinder the full measure of self-government of Addis Ababa; and Assessing how much the city charter, other legislations and, administrative and political decisions are eroding the self-ruling rights of the city residents. In order to address the research objective the research used mainly legal analysis. Accordingly, the research concludes that the FDRE constitution doesn’t address equally the Addis Ababa residents as compare to ethnically defined communities who resides in regional states. Secondly , as the research finds out the charter failed to address and erodes the self-governing right of Addis Ababa residents that are enshrined in the constitution. Thirdly, other laws, administrative practices and court decisions have the pattern of eroding the self-governing right of Addis Ababa city residents. Overall, the constitution and the tendency of the federal government’s legislative, executive and judicial bodies, showed that the natural right of self-governing right of the Addis Ababa city residents is being overlooked in many ways.