Browsing by Author "Degefa, Aberra (PhD)"

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    Electoral Participation as a Fundamental Political Right of Persons with Disabilities in Ethiopia; Critical Examination of the Law and the Practice
    (Addis Ababa University, 2011-06) Sisay, Shimels; Degefa, Aberra (PhD)
    In the 21" century where people are becoming the ultimate sources of political power, it is hard for a country to call itself as a democracy without maintaining participatory and inclusive political environment in its polity. Though it is apparent that politics and political participation starts at home and ends elsewhere at different levels, active involvement of citizens as voters and candidates in elections and effective participation as members of different political parties can be seen as a commonly known manifestations of political participation. With these points in mind, this paper is intended to scrutinize the political role of persons with disabilities that account around 10% of the total population in the Ethiopian politics only to the extent of their participation as voters, candidates for elections and as members of different political parties. Accordingly, the research identifY that people with disabilities have not peen participating in the past four elections conducted in the recent years history of the country. All these marginalization are altributed to the altitudinal, legal, institutional, financial, inpastructural, technical and related faclors as barriers. Though there are conceptual transformations in approaching disability pom the medical and charity perceptions to those of social and human rights approaches at the internalionallevel, the countly does not seem to cope up with such changes. Again, though there are human righls instruments recognizing the political participation in general and electoral rights of PWDs at different level, these instruments are not serving as effective guaranlees to ensure Ihe rights oflhese groups of people. Taking inlO consideration of Ihese challenges, the author suggesled valuable recommendaliol1s. Most importantly, the need to come up wilh accurate and well researched disability census dala record syslem, the enactment of disability specific national election law thaI can accommodale Ihe specific needs of these people in exercising Iheir elecloral rights, inlroducing the quota system, special funding incenlives and Ihe general awareness and altitudinal changes are the primwy steps that the counlly has to employ so as to alleviale the political participation of these people one step forward in the future electoral tournaments of the country.
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    Ensuring the Right to Equal Employment Opportunities of Persons with Disabilities: Critical Examination of the Ethiopian Legal Framework
    (Addis Ababa University, 2012-06) Teressa, Yohannes; Degefa, Aberra (PhD)
    In spite of being numerically a significant portion of the Ethiopian societt), PWDs are the most povertt) stricken. There are many factors that directly or indirectly contribute toward this state of affairs. But one factor that stands out, above all the others is their lack of equal employment opportunities. It is evident that, employment empowers individuals economically, gives them the mandate to define their own course of life, enhance their sense of self-worth and gives them the chance to contribute to the societt). The legislative framework in place is one critical element that makes difference to the attainment of equal employment opportu1lities of PWDs. In principle, employme1lt should be based on the competence of the person with disabilitt) and the business needs of the employer. Persons with disabilities should not be employed on grounds of mere compassion or corporate social responsibility. Within this general framework, the contention of this thesis is that the legislative measures taken in Ethiopia should provide for alternative employment measures that widen the access to equal employment opportunities and at the same time took into account the heterogeneous nattlre of People with disabilities. As such, options such as supported employment, sheltered employment, job retention and return to work that are repackaged into business approach in contradistinction to the welfare approach should be promoted side by side with the open labour market option. It is from this point of view that the thesis examines the relevant laws and policies in Ethiopia.
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    Gadaa Indigenous Governance System in Light of Modern Democratic Constitutional Principles
    (Addis Ababa University, 2018-01) Gudina, Getachew; Degefa, Aberra (PhD)
    Constitution is the aspiration of people in which a given society’s way of life is determined and the whole political system is formulated. Constitution is not the act of the government. In a democratic society, it is an act of people in which it constitutes the government itself. But the study of Ethiopian constitutional or legal history shows that laws of the country are imported from other countries, which are alien to the Ethiopian people. This research paper tries to analyze Gadaa indigenous governance system which has been formulated and practiced by Oromo people, by comparing with modern democratic constitutional principles, elements and values. The researcher generated data for this paper from Borana Gadaa Oromo’s. The data was collected through observation and interviews from Borana during the celebration of the 71st ballii wal irra fudhuu (power transfer) of Borana Gadaa from February 28, 2017- March 07, 2017 in Borana zone Arero woreda. The research findings show that Gadaa Governance is an indigenous democratic Governance of Oromo people which accommodate basic modern democratic constitutional principles, elements and values. It was also found out that Gadaa incorporated neither in Ethiopian constitutional history at federal nor recently, in Oromia National Regional Government State Constitution, where Gadaa is exercised for centuries. Gadaa indigenous governance system is the reflection of values of Oromo society, which can serve the same purpose as modern democratic constitution. This study enhances Ethiopian constitutional research to analyze and have knowledge and practice about Gadaa indigenous governance system as it accommodates basic democratic constitutional elements, values and principles. It can also be a source for modern constitution of the country. Particularly in Oromia National Regional State, it can be used as an input to incorporate Gadaa governance system in the state constitution through amending of the recent constitution. Key words: Ingenious Governance, Gadaa System, Democracy, Democratic Constitutional Principles.
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    Parliamentary Oversight and its Role in Ensuring Constitutionalism and Accountability under the FDRE Constitution
    (Addis Ababa University, 2011-11) Ahmed, Awel; Degefa, Aberra (PhD)
    Parliamentary oversight is neglected area af research in many jurisdictions and there is very limited discussion on the area. The situation in Ethiapia is not exception in this regard and it is totally neglected. Democratic government is characterized by transparency and accountability. The primary responsibility in this regard falls on the shaulder of the parliament. The parliament has the pawer and the mandate to oversight the executives to ensure their policy and action commensurate with the need of society. By the advent of modern parliaments, the legislative preragative was the basic right to scrutinize government actions. The legislature, often conceived as the forum of the notion, acts as custodian of the electorate's trust. As such, it is tasked with ensuring executive accountability through a rigorous parliamentary process that invariably assesses the performance of Cabinet Ministers and their departments . However, nowadays; the lawmakers do not seem to attach the same impartance to this activity seeing it as a secondary functian. In this thesis the focus is assessing whether parliamentary aversight in Ethiapia (at the federal level) is effective in ensuring constitutionalism and accountability. To this end, the issue of the possible taols of parliamentary oversight that available to the House of Peoples Representative and the factars affecting parliamentary oversight in Ethiopia also to be dealt. The FORE constitution empowers the House of Peoples Representative to call and question any government offiCials including the PM and may take any measures it deems necessary. Likewise, proclamation No.470/2005 and Regulatian No.3/2006 also empowers the HPR to oversee the executive's overall actions and activities. Thus, this research aims at examining whether the existing Ethiopian parliament is effective in discharging its constitutional mandate of overseeing the executive and to what extent oversight ensures constitutionalism and accountability. The study examines the tools that the House uses in conducting oversighr and most importantly factors affecting parliamentary oversight. The study will be conducted by analyzing pertinent laws and with theoreticol and practical analysis. Accordingly, the writer argues that the existing Ethiopian parliament is ineffective in conducting effective parliamentary oversight. Thus, objective of oversight which the regulation provides, ensuring constitutionalism, rule of law and accountability among other things remain in question. At the federal level, (in Ethiopia in general) there are different factors hindering the parliament's oversight function. Among this factor most importantly the party system (one party domination), lack of understanding of the signlficonce of oversight by the MP, inadequate resources like financial constraint, experts and lack of commitment and the status of legislative- executive relation are among the challenges of parliamentary oversight.
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    Parliamentary Oversight and its Role in Ensuring Constitutionalism and Accountability under the FDRE Constitution
    (Addis Ababa University, 2011-11) Ahmed, Awel; Degefa, Aberra (PhD)
    Parliamentary oversight is neglected area of research in many jurisdictions and there is very limited discussion on the area. The situation in Ethiopia is not exception in this regard and it is totally neglected. Democratic government is characterized by transparency and accountability. The primary responsibility in this regard falls on the shoulder of the parliament. The parliament has the power and the mandate to oversight the executives to ensure their policy and action commensurate with the need of society. By the advent of modern parliaments, the legislative prerogative was the basic right to scrutinize government actions. The legislature, often conceived as the forum of the nation, acts as custodian of the electorate's trust. As such, it is tasked with ensuring executive accountability thraugh a rigorous parliamentary process that invariably assesses the performance of Cabinet Ministers and their departments. However, nowadays; the lawmakers do not seem to attach the same importance to this activity seeing it as a secondary function. In this thesis the focus is assessing whether parliamentary oversight in Ethiopia (at the federal level) is effective in ensuring constitutionalism and accountability. To this end, the issue of the possible tools of parliamentary oversight that available to the House of Peoples Representative and the factors affecting parliamentary oversight in Ethiopia also to be dealt. The FORE constitution empowers the House of Peoples Representative to coil and question any government officials including the PM and may take any measures it deems necessary. Likewise, proclamation No.470/2005 and Regulation No.3/2006 also empowers the HPR to oversee the executive's overoll actions and activities. Thus, this research aims at examining whether the existing Ethiopian parliament is effective in discharging its constitutional mandate of overseeing the executive and to what extent oversight ensures constitutionalism and accountability. The study examines the tools that the Hause uses in conducting oversighr and most impartantly factors affecting parliamentary aversight. The study will be conducted by analyzing pertinent laws and with theoretical and practicol analysis. Accordingly, the writer argues that the existing Ethiopian parliament is ineffective in conducting effective parliamentary oversight. Thus, objective of oversight which the regulation provides, ensuring constitutionalism, rule of law and accountability among other things remain in question. At the federal level, (in Ethiopia in general) there are different factors hindering the parliament's oversight function. Among this factor most importantly the party system (one party domination), lack of understanding of the significance of oversight by the MP, inadequate resources like financial canstraint, experts and lack of commitment and the status of legislative - executive relation are among the challenges of parliamentary oversight.
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    Parliamentary Oversight and its Role in Ensuring Constitutionalism and Accountability under the FDRE Constitution
    (Addis Ababa University, 2011-11) Ahmed, Awel; Degefa, Aberra (PhD)
    Parliamentary oversight is neglected area of research in many jurisdictions and there is very limited discussion on the area. The situation in Ethiopia is not exception in this regard and it is totally neglected. Democratic government is characterized by transparency and accountability. The primary responsibility in this regard falls on the shoulder of the parliament. The parliament has the power and the mandate to oversight the executives to ensure their policy and action commensurate with the need of society. By the advent of modern parliaments, the legislative prerogative was the basic right to scrutinize government actions. The legislature, often conceived as the forum of the nation, acts as custodian of the electorate’s trust. As such, it is tasked with ensuring executive accountability through a rigorous parliamentary process that invariably assesses the performance of Cabinet Ministers and their departments. However, nowadays; the lawmakers do not seem to attach the same importance to this activity seeing it as a secondary function. In this thesis the focus is assessing whether parliamentary oversight in Ethiopia (at the federal level) is effective in ensuring constitutionalism and accountability. To this end, the issue of the possible tools of parliamentary oversight that available to the House of Peoples Representative and the factors affecting parliamentary oversight in Ethiopia also to be dealt. The FDRE constitution empowers the House of Peoples Representative to call and question any government officials including the PM and may take any measures it deems necessary. Likewise, proclamation No.470/2005 and Regulation No.3/2006 also empowers the HPR to oversee the executive’s overall actions and activities. Thus, this research aims at examining whether the existing Ethiopian parliament is effective in discharging its constitutional mandate of overseeing the executive and to what extent oversight ensures constitutionalism and accountability. The study examines the tools that the House uses in conducting oversight and most importantly factors affecting parliamentary oversight. The study will be conducted by analyzing pertinent laws and with theoretical and practical analysis. Accordingly, the writer argues that the existing Ethiopian parliament is ineffective in conducting effective parliamentary oversight. Thus, objective of oversight which the regulation provides, ensuring constitutionalism, rule of law and accountability among other things remain in question. At the federal level, (in Ethiopia in general) there are different factors hindering the parliament’s oversight function. Among this factor most importantly the party system (one party domination), lack of understanding of the significance of oversight by the MP, inadequate resources like financial constraint, experts and lack of commitment and the status of legislative- executive relation are among the challenges of parliamentary oversight.