Browsing by Author "Getahun Kassa"

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    An Appraisal of the Practice of Ethiopian Protection Mechanisms Pertaining to Migrant Workers: The Case of Ethiopian Migrant Workers to Saudi Arabia
    (Addis Ababa University, 2015-04) Yonas Zemene; Getahun Kassa
    This case study aimed at examining the Ethiopian human rights protection systems pertaining to migrant workers to Saudi Arabia at the three phases of the migratory stages: before departure, at Saudi Arabia and during repatriation. For such ends, the study utilized qualitative research design. Both secondary and primary sources of data were employed in conducting this study. The primary data were gathered using in-depth interviews with concerned government officials and experts, representatives of non-governmental organizations and Private Employment Agencies, Saudi Returnees and appropriate key informants. Accordingly, in total 31 individuals were interviewed in Addis Ababa. Two focus group discussions were also conducted with Saudi returnees. Overall, the finding of the study shows, that the Ethiopian government has some efforts in the regulation of labor migration to Saudi and establish legislative and institutional frameworks to that effect. It was, however, revealed that the legal and policy frame works were incomprehensive and insufficient. It was also found that the government preventive interventions were inadequate to avert practices and gaps that give rise to human rights violations and abuses at all stages of the migratory processes. The government protection efforts by providing support and reliefs to victims and averting the risks of secondary victimizations were insufficient. The government rehabilitation and reintegration initiatives remain in vain to bring practical solutions. The involvement of International and Local NGOs were minimal and lack of coordination with governmental organizations in the prevention and protection efforts.
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    Election Monitoring Practices of Ethiopian Human Rights Commission: a Comparative Analysis
    (Addis Ababa University, 2018-06) Wubshet Girma; Getahun Kassa
    This thesis assessed the role of the Ethiopian Human Rights Commission in election monitoring. The study thus tried to draw a comparative analysis with key lessons of Kenyan and Ugandan Human Rights Commissions. By using qualitative methodology, this thesis analyzed both primary and secondary sources ofdata. The primary sources include in-depth interview with the Commissioner and experts of the Commission, National Electoral Board of Ethiopia, House of Peoples Representative, representatives of Ethiopian People‟s Revolutionary Democratic Front and some selected opposition political parties, both broadcast and print media, and representatives of some selected civil society organizations.Secondary sourcesinclude analysis of election monitoring reports of the Commission.In addition, to have a balanced view of those selected respondents; a focus group discussion has also been carried out with some selected experts from the Commission and stakeholderswho are believed to represent and reflect on the activities of election monitoring. Finally, the overall findings of the study show that EHRC‟s efforts in monitoring general election is a good beginning in exercising its monitoring mandate. However,despite its engagement in the 2010 and 2015 general election monitoring, compared to the minimum expectation and experiences of Kenya and Ugandan Human Rights Commissions, its activities of monitoring the entire electoral processes areinadequate in terms of addressing specific activities under each election phases. It was found that, the EHRC has failed to assess the compatibility of electoral laws and other enacted legislations with the Constitution and minimum international expectations of election monitoring. Furthermore,it has a flawtowards providing extensive awareness and training on civic and voter education to the public at large, political parties, the media, security officials and to vulnerable sections of the society is also the other gap. In addition to this, the engagements to work in collaboration with CSOs and other democratic institutions are insignificant. Moreover, its failure to devise follow up mechanism for the implementation of its election monitoring report is also the other major gap. Therefore, the paper concluded thatthe EHRC needs to improve and strengthen its election monitoring activities.
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    Election Monitoring Practices of the Ethiopian Human Rights Commission: A Comparative Analysis
    (Addis Ababa University, 2018-06) Wubshet Girma; Getahun Kassa
    This thesis assessed the role of the Ethiopian Human Rights Commission in election monitoring. The study thus tried to draw a comparative analysis with key lessons of Kenyan and Ugandan Human Rights Commissions. By using qualitative methodology, this thesis analyzed both primary and secondary sources ofdata. The primary sources include in-depth interview with the Commissioner and experts of the Commission, National Electoral Board of Ethiopia, House of Peoples Representative, representatives of Ethiopian People‟s Revolutionary Democratic Front and some selected opposition political parties, both broadcast and print media, and representatives of some selected civil society organizations.Secondary sourcesinclude analysis of election monitoring reports of the Commission.In addition, to have a balanced view of those selected respondents; a focus group discussion has also been carried out with some selected experts from the Commission and stakeholderswho are believed to represent and reflect on the activities of election monitoring. Finally, the overall findings of the study show that EHRC‟s efforts in monitoring general election is a good beginning in exercising its monitoring mandate. However,despite its engagement in the 2010 and 2015 general election monitoring, compared to the minimum expectation and experiences of Kenya and Ugandan Human Rights Commissions, its activities of monitoring the entire electoral processes areinadequate in terms of addressing specific activities under each election phases. It was found that, the EHRC has failed to assess the compatibility of electoral laws and other enacted legislations with the Constitution and minimum international expectations of election monitoring. Furthermore,it has a flawtowards providing extensive awareness and training on civic and voter education to the public at large, political parties, the media, security officials and to vulnerable sections of the society is also the other gap. In addition to this, the engagements to work in collaboration with CSOs and other democratic institutions are insignificant. Moreover, its failure to devise follow up mechanism for the implementation of its election monitoring report is also the other major gap. Therefore, the paper concluded thatthe EHRC needs to improve and strengthen its election monitoring activities. Key Words: Election Monitoring, EHRC, KNHRC, UHRC, Pre-Election, Election, Post-Election
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    Freedom of Religion and Belief in Correctional Institutions: The Case of Ethiopian Federal Corrctional Institution
    (Addis Ababa, Ethiopia, 2011) Mezmur Yared; Getahun Kassa
    Freedom of religion relates to the dignity of humanity. It could also be considered as relating to the watershed distinguishing human from other animals based on the free will and conscience. It is one of the foundations of a pluralistic and democratic society. In its content the freedom encompasses the right to belief, disbelief or changing one’s belief. It also incorporates an aspect of manifestation and free worship. In the context of correctional institutions inmates have the right to freedom of religion. However, their right would be limited on grounds of security, order and enforcing the punishment which is deprivation of movement. This research paper analyzes the international and national legal and institutional protection mechanism in the context of correctional institutions. It further aspires to find out the adequacy of the national legal and institutional protection mechanism and test the enforcement in light of these standards. Consequently, it found out that the enforcement and protection mechanism are largely compatible with the minimum standards but that there are certain areas where improvements are needed. The major ones include issuance of detailed directive, the recognition of religions or beliefs followed by inmates, allowing the common manifestation of religious followers, following up cases of discrimination from any source and applying effective remedial mechanisms, creating awareness among the inmates about their rights, duties and the correctional institution rules in this regard.
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    Immunity of Heads of State and Government: Implicationsand Challenges for the Proposed Hybrid Court for South Sudan
    (Addis Ababa University, 2018-01) Behtelhem Alemtsehay; Getahun Kassa
    The paper discusses immunity of Head of States and Governments both under international law and in Africa particularly in the AU system. The aim of the paper is to demonstrate whether immunity of Head of States and Government,who violate International Human Rights and Humanitarian laws,are immune from criminal prosecution.Furthermore, the aim of this study is to show the legal framework of AU and the stands of African states mainly South Sudan on Immunity of Head of States and Governments and how it will pose a challenge to the proposed Hybrid Court for South Sudan. The paper illustrates how the proposed Hybrid Court for South Sudan will enforce its mandate on Heads of States and Governments and address accountability. The paper will unveil how individual criminal responsibility could be addressed if the proposed Hybrid Court remains in a paper. The research questions have been answered by using interviews, literature, conventions, cases, and various articles reviews and triangulations of those data collected. The result shows that the issue of immunity of Head of States and Governments under international law does not hold a settled ground, and a major debate subsists one which contends that there is sufficient state practice that removes immunityof Head of States and Governments under international law and one that contends otherwise. The paper recommends the establishment of an institution that conducts thorough study and analysis of the state practice and opinio juris to come up with a hard law which is codified that weighs all the evidence to settle the debate. The paper also addressed the question of accountability in South Sudan and whether the Hybrid Court for South Sudan enforces its mandate on Head of States and Governments who are allegedly responsible for International Human Right violations given the principle of immunity of Head of States and Governments from criminal jurisdiction. Agreement on the Resolution of the Conflict in South Sudan has been analyzed to assess the mandate of the Hybrid Court on addressing accountability which outlaw’s immunity as a defense, however, the existence of immunity in South Sudan and the normative framework of AU will pose possible challenge on the functionality of the Hybrid Court. Finally, the paper also unveilsthere is no contingency plan to entertain transitional justice if the Hybrid Court remains on paper. Hence, the paper recommends the UNSC to enact the text of the peace agreement by way of Chapter VII resolution to enforce the provisions of the agreement as an alternative plan if the Hybrid Court remains in vain.
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    The Impact of Conflict on the Right to Development of the Peoples of the Gambella Regional State
    (Addis Ababa, Ethiopia, 2011) Chuol Nyak; Getahun Kassa
    Violent conflict has killed and displaced more people in Africa than in any other continent in recent decades according to the Commission for Africa. This severely challenges the realization of the right to development of the peoples of Africa. Development and security are intimately related — one cannot be achieved without the other. By the same token, conflict has been erupting in Gambella region since 1990s. This becomes an impediment on the realization of the right to development of the peoples of Gambella region. This paper establishes the relationship between conflict and the right to development in analyzing the impact of conflict on the right to development of the Gambella people. In its analysis, the paper examines several variable factors that can help in the explanations of the relationship between Conflict and the right to development of the Gambella people. These variable factors includes: economic, political, environment and socio-cultural dimensions of the right to development. None of these varying factors can unilaterally explain the relationship between conflict and the right to development as issues behind Gambella’s instability. The paper argues that the relationship between conflict in Gambella and failures in realization of the right to development by the Gambella people is strong and goes in both directions: conflict powerfully retards realization of the right to development; and equally, failures in realization of the right to development substantially increase proneness to conflict. The paper concludes that unless the incidence of conflict is sharply reduced by community, national and international efforts a substantial Gambella people are likely to be stuck in a conflict trap resulting into failure in realization of the right to development. It’s also suggested that incidence of conflict can be vi brought down by intelligent and vigorous deployment of development, economic, social, military and political assistance.
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    The Implication of Absence of Human Rights Education in Higher Military Institutions: The Case of Ethiopian Defence Command and Staff College
    (Addis Ababa, Ethiopia, 2011) Amanuel Redatu; Getahun Kassa
    This study examines into the extent of the implication of absence of human rights education in the Ethiopian Defence Command and Staff College. The investigation has mainly focused on revealing gaps in the institutional machinery vis-à-vis the mission stated in the FDRE Constitution as well as the Defense Mission, and the shortcomings of the curriculum to inculcate them through formal education for the higher Officers. Review of legal instruments, key informant interview, focus group discussions, as well as documentation of prevalent realities pertaining to the curriculum of the EDCSC were the major sources of data. Qualitative analysis were employed, and the analysis were multifaceted, iterative, and simultaneous which eventually mirror out what has been intended to put into practice and what is actually being accomplished. Findings primarily revealed that though the EDCSC is the highest level of all other colleges of the National Defence, its curriculum is not in position to instill courses which are pivotal to enrich the students to understand and in turn to realize the top priority institutional missions. Secondly, even if the top management of the EDCSC have the perception that the students who joined the College are already internalized concepts of human rights and their instruments, the study uncovered that the know-how of the students is not up to expected. Thirdly, the study revealed that for formal education in the EDCSC is the first in kind for most of the students; it is hardly possible for them to have comprehensive understanding on human rights education or related courses
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    Implication of the Afar -somali Pastoralist Conflict on the Socio -economic Rights of Residents in Afar Region Zone Three
    (A.A.U, 2013-05) Meressa Berhane; Getahun Kassa
    Afar and Somali are neighboring communities who predominantly practice pastoralism and share a number of social, economic, spiritual and cultural similarities. As pastoralists they often share the same grazing land and water points. Especially during drought seasons that cause serious scarcity of those natural resources vital for livestock consumption, clashes between herdsmen is inevitable fact. However, Afar – Somali pastoralists have had traditional dispute resolving mechanisms managed under the auspices of elders and clan leaders of both communities. Nonetheless, although Afar respondents relate starting of the serious conflict back to the period when construction of the Addis – Djibouti railway line had been conducted by a French company which they noted that it had militarily trained and recruited Issa/Somali members for security purposes which later helped them to wage serious attack against the Afar communities and similarly entrance of Italy to Ogaden - Ethiopia via Somaliland and its relation with the Issa/Somali again, in the last two decades the trend of the conflict has completely changed its dimensions. After the Derg regime and coming of new federal system, intervention of regional administrations in the Afar – Somali pastoralist conflict has increasingly grown from time to time. The Afar zone three which is a home for Awash and Gewane rivers and pastoralist and non pastoralist communities, holding great potential for water and grazing activities vital for livestock production is the center for the conflict between Afar and Somali pastoralist communities. Afar elders noted that the Somali (Issa and Hawiya) communities not only relentlessly covet to access water and pasture but also to control this resource rich areas and trading route and establish permanent settlements and institutions within the Afar region. Accordingly the perpetual, frequent and destructive nature of the conflict in the study area causes a number of social, economical and psychological impacts on residents. The Afars relentless efforts to expel Somali pastoralist communities from the Afar region on the one hand and the Somalis interest to occupy the Awash River basin water and grazing resources on the other have made the conflict and tension of the study area remain constant. As a result, violent killings, body injury, displacement of residents, livestock raiding and destruction of property are common phenomenon in the study area. Such displacements and injuries further resulted in violation of residents’ right to housing, freedom of movement, right to food, right to education, work, health and other related socioeconomic rights.
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    Increasing Submissions of Human Rights Violation Complaints before the Federal Council of Constitutional Inquiry: Issues Related to 'Triggers'
    (Addis Ababa, Ethiopia, 2018-09) Frehiwot Ararsa; Getahun Kassa
    This thesis is explored the triggering grounds behind the increment of human right violations complaints before the Council of Constitutional Inquiry. The study thus, tray to find the triggering ground behind the increment. By using qualitative methodology, it analyzed both primary and secondary sources of data. The primary sources include in-depth interview with individual complaints, attorneys, the members and legal experts of the Council. As a secondary source, analysis of cases files and cases flow summary report of the Council are examined. Finally, the overall finding of the study shows that, the reasons that trigger the increment of human rights violation complaints can be categorized in to three. The first describes the disposition of complaints that trigger to submit their allegation of human rights violation to the Council. The second triggering ground is related to the particular reasons related with the most increasing specific human rights complaints. And the third is reasons associated with the Council that contributes for increment. Concerning the disposition of the complainant, misunderstanding on constitutional interpretation and the mandate and function of the Council found out to be the major triggering factor for the increment. Moreover, complainant perspective toward the justices system contributes for the increment. Concerning issues related with the subject matter; focusing on property related right complaints, it is found out that the normative and process related issues and the nature of the right itself triggers the increment. As pulling triggering grounds accessibly of the Council in terms of cost, procedure, and place are found out as a reason for the increment. The increment is affecting the Council since clearly inadmissible cases are taking the time of the Council. Due to this application which have clear constitutional cause of action are not entertained within the appropriate time. Therefore, based on the finding it is concluded that the Council needs to device a schemes to curb this case load.
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    ‘Indigenous’ and ‘Non-indigenous’ People’s Rights in Benishangul-Gumuz Regional State: The Right to Political Participation of ‘Non-indigenous’ People in Bambasi Woreda
    (Addis Ababa, Ethiopia, 2015) Gizachew Wondie; Getahun Kassa
    The right to political participation, as stated under the UDHR and ICCPR, is a basic right of human beings that influence the inter-relation and interaction of human beings. Ethiopia, as signatory of these international human right instruments, the FDRE constitution stipulates the right to political participation right of all Nation, Nationalities and People of the country without any discrimination. However, regional states, like Benishangul-Gumuz, had face serious criticism that ‘non-indigenous’ people are face serious problem in the enjoyment of their right to political participation. Hence, this research has aimed to assess the political participation of ‘nonindigenous’ people of Benishangul-Gumuz Regional State: case study of Bambasi woreda. It looks and measures the participation of ‘non-indigenous’ people in public decision making and assess the ‘indigenous’ vs. ‘non-indigenous’ composition of institution of Bambasi Woreda administration and normative instruments for the accommodation and consideration of the right to political participation of ‘non-indigenous’ people. In investigating reliable data, the researcher utilizes qualitative research approaches unstructured in-depth interview, key informant interview and field observation as data collection instruments with different documents and articles. As finding of the study reveals, the right to political participation has been shortened by normative and institutional constraints that range from the federal up-to kebele administration level. Hence, it is highly recommended that there must be a structural change that helps to establish an inclusive normative and administrative institution that range from the reconsideration of ‘non-indigenous people up to constitutional amendment and re-institutionalization of the administration.
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    ‘Indigenous’ and ‘Non-indigenous’ People’s Rights in Benishangul-Gumuz Regional State: The Right to Political Participation of ‘Non-indigenous’ People in Bambasi Woreda
    (A.A.U, 2015-07) Gizachew Wondie; Getahun Kassa
    The right to political participation, as stated under the UDHR and ICCPR, is a basic right of human beings that influence the inter-relation and interaction of human beings. Ethiopia, as signatory of these international human right instruments, the FDRE constitution stipulates the right to political participation right of all Nation, Nationalities and People of the country without any discrimination. However, regional states, like Benishangul-Gumuz, had face serious criticism that ‘non-indigenous’ people are face serious problem in the enjoyment of their right to political participation. Hence, this research has aimed to assess the political participation of ‘nonindigenous’ people of Benishangul-Gumuz Regional State: case study of Bambasi woreda. It looks and measures the participation of ‘non-indigenous’ people in public decision making and assess the ‘indigenous’ vs. ‘non-indigenous’ composition of institution of Bambasi Woreda administration and normative instruments for the accommodation and consideration of the right to political participation of ‘non-indigenous’ people. In investigating reliable data, the researcher utilizes qualitative research approaches unstructured in-depth interview, key informant interview and field observation as data collection instruments with different documents and articles. As finding of the study reveals, the right to political participation has been shortened by normative and institutional constraints that range from the federal up-to kebele administration level. Hence, it is highly recommended that there must be a structural change that helps to establish an inclusive normative and administrative institution that range from the reconsideration of ‘non-indigenous people up to constitutional amendment and re-institutionalization of the administration.
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    The Protection of National Minorities in Amhara National Regional State: The Case of Oromo Minorities in Angollela and Tera Woreda
    (Addis Ababa University, 2010-12) Honelign Hailu; Getahun Kassa
    The Constitution of the Amhara National Regional State, as provided under Article 73(1), established Nationality Administration (Yebehereseb Astedader) to the Peoples of Himra, Awi and Oromo in the area inhabited by such peoples. The Nationality Council (Yebeherseb Mekerbet) of the nationality administration has a number of powers such as determining the working language of the nationality, ensuring the protection of the nationality’s rights to speak and write in its own language, develop and promote its own culture as well as maintain and preserve its own history. In addition to the above peoples, the Argobas have also their own nationality Administration by virtue of Proclamation No.130/2006, a proclamation establishing the Argoba Nationality Woreda. This proclamation guarantees the rights mentioned above to the Argoba people. As a result, these minority nationalities of Amhara National Regional State are able to exercise rights significant to minorities like the right to use, develop and promote their culture and language, the right to self-government and equitable representation in the regional and federal government. Although the Amhara National Regional State’s recognition and protection of the interests of minorities of the regional state is admired, it did not address the interests of minorities found outside the nationality administrations. This research is intended to show the protection of the Oromos found in Angollela and Tera Woreda (the study area), found in North Shewa Zone, outside the nationality administration established for the Oromo people. The Oromo minorities of Angollela and Tera Woreda, accounting 12% of the Woreda population, are not able to exercise those rights like the right to develop and promote their culture, equitable representation in the Woreda Council and Administrative Council, the right education in their mother tongue and the like simply because they happen to exist outside the nationality administration established for the Oromos. As a result, I argue that the Oromo minorities of Angollela and Tera Woreda should be entitled to equitable representation in the Woreda Council and Administrative Council, the right to develop and promote their culture, the right to trial in their own language and the right to be taught in their mother tongue. This requires the Amhara National RegionalState to take appropriate measures including legislative measures dealing to the peculiar interests of minorities found in such situation. Like wise, the Woreda Administration should also make its practices in conformity with the peculiar interests of the Oromo minorities of the Woreda. Key Words: Angollela and Tera Woreda; Minorities; Oromos; Protection; Right
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    The Protection of National Minorities in Amhara National Regional State: The Case of Oromo Minorities in Angollela and Tera Woreda
    (Addis Ababa University, 2010-12) Hailu Honelign; Getahun Kassa
    The Constitution of the Amhara National Regional State, as provided under Article 73(1), established Nationality Administration (Yebehereseb Astedader) to the Peoples of Himra, Awi and Oromo in the area inhabited by such peoples. The Nationality Council (Yebeherseb Mekerbet) of the nationality administration has a number of powers such as determining the working language of the nationality, ensuring the protection of the nationality’s rights to speak and write in its own language, develop and promote its own culture as well as maintain and preserve its own history. In addition to the above peoples, the Argobas have also their own nationality Administration by virtue of Proclamation No.130/2006, a proclamation establishing the Argoba Nationality Woreda. This proclamation guarantees the rights mentioned above to the Argoba people. As a result, these minority nationalities of Amhara National Regional State are able to exercise rights significant to minorities like the right to use, develop and promote their culture and language, the right to self-government and equitable representation in the regional and federal government. Although the Amhara National Regional State’s recognition and protection of the interests of minorities of the regional state is admired, it did not address the interests of minorities found outside the nationality administrations. This research is intended to show the protection of the Oromos found in Angollela and Tera Woreda (the study area), found in North Shewa Zone, outside the nationality administration established for the Oromo people. The Oromo minorities of Angollela and Tera Woreda, accounting 12% of the Woreda population, are not able to exercise those rights like the right to develop and promote their culture, equitable representation in the Woreda Council and Administrative Council, the right education in their mother tongue and the like simply because they happen to exist outside the nationality administration established for the Oromos. As a result, I argue that the Oromo minorities of Angollela and Tera Woreda should be entitled to equitable representation in the Woreda Council and Administrative Council, the right to develop and promote their culture, the right to trial in their own language and the right to be taught in their mother tongue. This requires the Amhara National Regional State to take appropriate measures including legislative measures dealing to the peculiar interests of minorities found in such situation. Like wise, the Woreda Administration should also make its practices in conformity with the peculiar interests of the Oromo minorities of the Woreda.
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    Psychosocial experiences of death penalty prisoners at Kality high security centers.
    (Addis Ababa University, 2018-06) Getahun Kassa; Dawit Mekonen
    The main objective of this study was to assess the psychosocial experiences of death penalty prisoners who are in Kality high security centers by focusing on internal and external factors which influence the experience of the death prisoner. The research therefore focuses on how these factors were internalized and expressed behaviorally by the individual. To achieve this, the psychosocial perspective, which consisted of three psychological theories, was used to assess the role of both internal and external influences in the experience development of the individual. The method of research deemed most suitable to undertake the study is the qualitative approach, and more specifically the explanatory case study method. A qualitative study was decided upon because of the limited and rare nature of the serial murder phenomenon. In Ethiopia there are a small number of incarcerated death prisoners and only two were willing to participate in the research. The researcher also believes that a qualitative study will better address the proposed research questions as well as the dearth of knowledge on the phenomenon. The case study method was selected because it accommodates the research question, it can deal with contemporary events, and multiple data sources may be used. The data for the research was obtained by using a semi-structured interview and relevant documentation concerning each of the two case studies. Five research questions were formulated to find answers to the experience development of the death penalty prisoners and their behavior. The psychosocial perspective was used to analyze the two case studies and to compile a detailed explanation for the experience development and its effect on the behaviors of each death penalty prisoners.
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    The Right to Bail under Ethiopian Federal Anti-corruption Laws: Implications on the Right of the Accused (Case-oriented Study)
    (Addis Ababa, Ethiopia, 2013-05) Gebrehiwet Hadush; Getahun Kassa
    One of the fundamental rules that guide decisions during criminal justice administration is the presumption that a suspect is innocent until his guilt has been established by a court of competent jurisdiction. This presumption is enshrined in the FDRE constitution as fundamental human rights. Consequently, the rights of suspects remain largely protected during the process of criminal justice administration, from arrest to conviction. Full and non-discriminatory realization of rights of human beings during criminal proceedings requires administration of criminal justice in full compliance with human rights standards. This research examines the Constitutional, Procedural and Judicial significance of bail in criminal justice administration in the Federal Courts of Ethiopia. Thus, the practice in the federal courts of ensuring protection of rights to be presumed innocent and to be released on bail as an element of fair trial guarantees are examined. The research therefore has analyzed the factors that influence bail decisions and just administration of bail in Federal Courts, with emphasis on laws and practices on criminal proceedings of corruption offences. With a view to inform the study with evidences from the practice the study besides to the legal framework has examined cases and proceedings of corruption offences and investigated the enforcement of essential bail rights in the course of the proceedings. Based on these investigations the study has found that the practice in the federal courts seen diminishing the protection that should be given to fundamental guarantees of person accused/suspected of corruption offense. Firstly, article 4 (1) of the revised anti-corruption proclamation which provides that an arrested person suspected of a corruption offense punishable for more than ten years shall not be released on bail has denied the court its important role in regards to protection of the rights to release on bail and to be presumed innocent of an accused person. This opens a space for arbitrary application of the commission’s power and prevents the court from playing its role by examining seriousness of the offense, the nature of evidence and behavior of the suspect. This observation is further confirmed by analysis of cases examined by this study which shown that suspects were detained for longer period and finally found innocent. In another note the study also found that article 5 (2) of the same proclamation undermines the right of suspect because it automatically authorizes suspension of a lower court decision to release the suspect on bail based only on filing of appeal by the prosecutor or investigator. This coupled with the fact that the appeal process usually takes longer time it results in punishing suspects before conviction. Moreover, the fact that article 7 IV (4) of the proclamation mandatorily provides that matters related to bail shall be tried only by the court that has jurisdiction to hear corruption offence cases makes realization of the right to bail difficult. This is so due to the fact that federal courts are not permanently present in all parts of the country and hears cases on a circuit court arrangement which in between the suspect faces lengthy detention before trial. Owing to this the study found that the current legislative framework and practice has weakness in dealing with right to bail of suspects of corruption offense. Thus the legislative framework and the practice of federal courts in connection to bail rights of person suspected of corruption offence needs to be revised so that it becomes compatible to the constitutional guarantees and international human rights standards.
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    The Right to Primary Education: Exploring Issues of Access and Equity in Addis Ababa
    (2015-01) Samrawit Tadesse Seifu; Getahun Kassa
    This thesis tried to explicate the extent to which the international human rights and frameworks have been implemented in light of the policy, legal and practical matters. Understanding access and equity in primary education in Addis Ababa, exploring all the factors affects its full implementation and the strategy set to tackle the challenges is very essential. The core issue that should be addressed here is how the strategies set by the city are able to ensure access and equity to all children at the primary education level in light of the international human rights instruments and national policies. The methodological approach administered is qualitative research approach. The findings of the study shows that there are emerging challenges that not only stand on the way of the full achievement of access and equity at the primary education level but also on the overall implementation of the international instruments and national policies and laws in Addis Ababa. The challenge is even more pertinent to vulnerable children and children with special needs as there are no specific educational policies to address their needs to ensure their access to primary education. The study provides a wide-ranging practical explanation of the link between the lack of educational law as well as current socio-economic barriers and accessibility of equitable primary education in Addis Ababa. The study will serve as reference points and a spring board for discussion of policy and legal issues; guide the development of appropriate mechanism; interpretation of the right to primary education in line with the international human rights standards as a matter of national interest. Thus, it is the writer‟s belief that the thesis will assist in refining the possible frameworks by informing the study of the challenges of access and equity in primary education in Addis Ababa.