Browsing by Author "Gizaw, Girma (PhD)"

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    A Critical Assessment of Prisoners' Right in the Oromia National Regional State: The Case of Burayu Prison Administration
    (Addis Ababa University, 2014-05) Tefera, Rebuma; Gizaw, Girma (PhD)
    The paper strongly emphasizes on the critical assessment of prisoners ' rights in Oroll1ia National Regional State particularly the prisoners' rights of Burayu Prison Administration. Accordingly, the aim of this research is to assess the handling and the treatments of prisoners ' rights according to International Prisoners ' Rights that provided under the FDRE and ONRS Constitutions. Thus, in order to identify the problems concerning the protections of prisoners' right in the Burayu Prison Administration, deep interviews were conducted with prisoners and with top officials of different prison institutions both at Federal and Oromya Region. In doing so, the paper indentified the problems concerning the protection of prisoners ' rights to food and water, ji'ee medical services, the right to sanitations, the right to accommodation, the right to bedding and clothing, the right to contact with families, legal and religious counselors, the right to classification in terms of their sex, age, types of the crime committed and seriousness of the crime for which imprisoned. The study, additionally, examine the role of Federal Prison Commission for the protections of prisoners in the country. Hence, the research discovered that, there are poor handling and ill-treatments of prisoners in the Burayu Prison Administration. And also, both Burayu Prison Administration and the Oromia Prison Commission are not in a position to effectively work concerning the treatments of prisoners. Further, the existing proclamation and regulation regarding to the treatments of prisoners could not properly protect the rights of prisoners because both the proclamation and regulation not clearly provide the rights of prisoners as provided in other international Human ·Rights that directly related wirh protection of prisoners. Based on the jindings, the researcher proposed the amendments of the existing regulations for the protections o.f prisoners ' rights and the need of a counliy-wide minimum standards and rules that govern evelY prisons institution of the countlY. Key words: prisoners' rights, prison administration, prison institution, international human rights principle, Burayu Prison Administration, Oromia Prison Commission, Federal Prison Commission, minimum standard rules, prison treatments and handling of prisoners.
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    A Critical Assessment of Prisoners’ Right in the Oromia National Regional State: The Case of Burayu Prison Administration
    (Addis Ababa University, 2014-05) Tefera, Rebuma; Gizaw, Girma (PhD)
    The paper strongly emphasizes on the critical assessment of prisoners’ rights in Oromia National Regional State particularly the prisoners’ rights of Burayu Prison Administration. Accordingly, the aim of this research is to assess the handling and the treatments of prisoners’ rights according to International Prisoners’ Rights that provided under the FDRE and ONRS Constitutions. Thus, in order to identify the problems concerning the protections of prisoners’ right in the Burayu Prison Administration, deep interviews were conducted with prisoners and with top officials of different prison institutions both at Federal and Oromya Region. In doing so, the paper indentified the problems concerning the protection of prisoners’ rights to food and water, free medical services, the right to sanitations, the right to accommodation, the right to bedding and clothing, the right to contact with families, legal and religious counselors, the right to classification in terms of their sex, age, types of the crime committed and seriousness of the crime for which imprisoned. The study, additionally, examine the role of Federal Prison Commission for the protections of prisoners in the country. Hence, the research discovered that, there are poor handling and ill-treatments of prisoners in the Burayu Prison Administration. And also, both Burayu Prison Administration and the Oromia Prison Commission are not in a position to effectively work concerning the treatments of prisoners. Further, the existing proclamation and regulation regarding to the treatments of prisoners could not properly protect the rights of prisoners because both the proclamation and regulation not clearly provide the rights of prisoners as provided in other International Human Rights that directly related with protection of prisoners. Based on the findings, the researcher proposed the amendments of the existing regulations for the protections of prisoners’ rights and the need of a country-wide minimum standards and rules that govern every prisons institution of the country. Key words: prisoners’ rights, prison administration, prison institution, international human rights principle, Burayu Prison Administration, Oromia Prison Commission, Federal Prison Commission, minimum standard rules, prison treatments and handling of prisoners.
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    Impacts of States' Revenue Capacity on Self Administration under Ethiopian Decentralized Fiscal System: The Case of Oromia National Regional State
    (Addis Ababa University, 2014-05) Diribi, Beka; Gizaw, Girma (PhD)
    As it has become the Global concern, Ethiopia, since, 1991 has undertaken dramatic change by decentralizing political, Administrative and Fiscal decentralization from Federal government 10 autonomous State Governments and to District levels by the respective Regional Constilutions. Fiscal Decentralization, which is the subject mailer of this paper, is an important dimension of Decentralization which influences both Political and Administrative aspects of decentralization. This paper utilized both quantilative and qualitative method in describing and analyzing causes of high degree of vertical Fiscal Imbalance in Ethiopia and its impacts on principle of its Federalism particularly, on the self Administration of Regional Governments taking ORG as a case study on the base of primary data obtained through interviews conducted with tax officials and experts in Regional Revenue Authority, officials and experts in Regional BoFED and through questionnaires provided for selected informants and secondO/y data obtained in the mentioned regional Bureaus and MoFED. Here, what motivated the researcher to conduct the study on the topic is that, on the base ofthe1995 FDRE Constilution, Ethiopia adopted dual federal structure composing nine regional states and two cily administrations (Addis Ababa and Dire Dawa) by giving them the right to self determination expanding even up to secession (Article 39 of the constitution). Accordingly, regional governments are responsible for implementing economic and social development policies and for maintaining public order, including administering a Police force while the federal state is responsible for all powers not delegated to, or shared, with the regions. It can be observed that, the FDRE Constitution assigns various responsibilities to the lower units of governments in its expenditure side while on the Revenue side, however, it assigns more buoyant sources of revenues to the Federal government creating vertical fiscal imbalances which resulted in high dependence of States on Federal subsidy for the execution of these responsibilities. On one hand, the Constitution label Ethiopia as fully fiedged federal political system which claims the independence of each level of governments in relation to Constitutionally Delimited Spheres of its Jurisdictions pam the other. On the other hand, there exists much Vertical Fiscal Imbalance creating much dependence of States on Federal Government as they do not have Revenue Capacity even to cover half of their expenditure needs pam their Own Revenue Sources. The finding of this paper, point out that, the cause of vertical Fiscal imbalance in the study Region, shows the domination of Major Revenue bases by the Federal government than less commitment of tax collectors, tax evasion, corruption etc. Further, the paper, viewed that, less revenue capacity of the Region and high dependence on Federal Subsidy affects its constitutionally guaranteed self Administration (developing socio- economic and political affairs), its autonomy, quantity and quality of public services, accountability of officials. Finally the paper recommends that, revenue capacity of Regional Governments should be enhanced to enable them to exercise their constitutionally promised Self Administration by expanding their Olen Sources of Revenues and conducting effective Transfer System in the absence of sufficient Revenue Bases in some Regional Governments. Key words: Self Administration, Fiscal Decentralization, Revenue Capacity assignment, Revenue Capacity
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    Impacts of States’ Revenue Capacity on Self Administration under Ethiopian Decentralized Fiscal System: The Case of Oromia National Regional State
    (Addis Ababa University, 2014-05) Diribi, Beka; Gizaw, Girma (PhD)
    As it has become the Global concern, Ethiopia, since, 1991 has undertaken dramatic change by decentralizing political, Administrative and Fiscal decentralization from Federal government to autonomous State Governments and to District levels by the respective Regional Constitutions. Fiscal Decentralization, which is the subject matter of this paper, is an important dimension of Decentralization which influences both Political and Administrative aspects of decentralization. This paper utilized both quantitative and qualitative method in describing and analyzing causes of high degree of vertical Fiscal Imbalance in Ethiopia and its impacts on principle of its Federalism particularly, on the self Administration of Regional Governments taking ORG as a case study on the base of primary data obtained through interviews conducted with tax officials and experts in Regional Revenue Authority, officials and experts in Regional BoFED and through questionnaires provided for selected informants and secondary data obtained in the mentioned regional Bureaus and MoFED. Here, what motivated the researcher to conduct the study on the topic is that, on the base of the1995 FDRE Constitution, Ethiopia adopted dual federal structure composing nine regional states and two city administrations (Addis Ababa and Dire Dawa) by giving them the right to self determination expanding even up to secession (Article 39 of the constitution). Accordingly, regional governments are responsible for implementing economic and social development policies and for maintaining public order, including administering a Police force while the federal state is responsible for all powers not delegated to, or shared, with the regions. It can be observed that, the FDRE Constitution assigns various responsibilities to the lower units of governments in its expenditure side while on the Revenue side, however, it assigns more buoyant sources of revenues to the Federal government creating vertical fiscal imbalances which resulted in high dependence of States on Federal subsidy for the execution of these responsibilities. On one hand, the Constitution label Ethiopia as fully fledged federal political system which claims the independence of each level of governments in relation to Constitutionally Delimited Spheres of its Jurisdictions from the other. On the other hand, there exists much Vertical Fiscal Imbalance creating much dependence of States on Federal Government as they do not have Revenue Capacity even to cover half of their expenditure needs from their Own Revenue Sources. The finding of this paper, point out that, the cause of vertical Fiscal imbalance in the study Region, shows the domination of Major Revenue bases by the Federal government than less commitment of tax collectors, tax evasion, corruption etc. Further, the paper, viewed that, less revenue capacity of the Region and high dependence on Federal Subsidy affects its constitutionally guaranteed self Administration (developing socio- economic and political affairs), its autonomy, quantity and quality of public services, accountability of officials. Finally the paper recommends that, revenue capacity of Regional Governments should be enhanced to enable them to exercise their constitutionally promised Self Administration by expanding their own Sources of Revenues and conducting effective Transfer System in the absence of sufficient Revenue Bases in some Regional Governments. Key words: Self Administration, Fiscal Decentralization, Revenue and functional assignment, Revenue Capacity
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    Implication of Cassation Over Cassation in the Ethiopian Federal Context: with Special Reference to the Principle of Self-determination
    (Addis Ababa University, 2014-05) Dashura, Abdissa; Gizaw, Girma (PhD)
    The paper strongly emphasize on the implication of Cassation over Cassation in Ethiopian federal context: with special reference to the principle of Self-Determination. Principally, the FDRE Constitution has established ethnic based self-governing federal arrangement in one hand and incDlporates separation of powers especially, dual Court (dual Cassation) system in Ethiopian federalism on the other. Besides this ethnic federalism and the principle of self-determination has been established as a cornerstone of the federal system. The main issue to be addressed in this paper is as whether the Federal Supreme Court Cassation division has been exercising its function properly within a scope allocated between the f ederal government and regional governments, or in the way contradicting with the principle of self-determination. The thesis has also tried to explore the government bodies to take necessOlY measures based on theDlY of separation of power in giving the required remedy in the practice of Cassation over Cassation. In doing so the writer has analyzed real cases that are State mailers in nature but finally decided by federal Supreme Court cassation division. The writer has also provided interview responses and sample respondents Fom targeted groups who generously cooperated in giving a proper answers to the questionnaires and jilrther scrutinizing the meaning of Ethiopian federal constitution as experiences of other countries correlated with the objectives of this thesis. After making serious analysis, the writer, eventually, has reached the Fo/lowinR findings: the federal arrangement of Cassation over Cassation in Ethiopian Federalism has emanated Fom the practical motion in which case distorts the dual court structure andjimctioning out of the Constitutional terms and it shows negative implication on Ethiopianfederal context and particularly on the prinCiple of self-determination. Thus, the power of State Supreme Court Cassation division has been disregarded and prevalence of Cassation over Cassation ~ system has eroded the principle of self-determination that evenlually leads to centralization of power in the counlly. Based on the findings and the conclusions the writer come up with the political theDlY of ~ federalism must thus be resolved by the Federal Supreme Court Cassation division should be stopped Fom intel/ering in state mall"!!. The State COllrts should not be subjugated by the center on their own malleI'S. Intelpretation or modification of unclear provisions by the concerned governmental bodies as predisposed is an appropriate option in order to aileviate the converging func tion and the wrong consll'uction of regional laws version through practicing Cassation over Cassation in the modern Ethiopianfederal context. Key words: Cassation, Cassation over Cassation, Federal Supreme Court Cassation Divi sion, State Supreme COLI rt Cassation Di vision, Federa lism, Constitution, Self-Determination and COLIrt.
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    Implication of Cassation Over Cassation in the Ethiopian Federal Context: With Special Reference to the Principle of Self-determination
    (Addis Ababa University, 2014-05) Dashura, Abdissa; Gizaw, Girma (PhD)
    The paper strongly emphasize on the implication of Cassation over Cassation in Ethiopian federal context: with special reference to the principle of Self-Determination. Principally, the FDRE Constitution has established ethnic based self-governing federal arrangement in one hand and incorporates separation of powers especially, dual Court (dual Cassation) system in Ethiopian federalism on the other. Besides this ethnic federalism and the principle of self-determination has been established as a cornerstone of the federal system. The main issue to be addressed in this paper is as whether the Federal Supreme Court Cassation division has been exercising its function properly within a scope allocated between the federal government and regional governments, or in the way contradicting with the principle of self-determination. The thesis has also tried to explore the government bodies to take necessary measures based on theory of separation of power in giving the required remedy in the practice of Cassation over Cassation. In doing so the writer has analyzed real cases that are State matters in nature but finally decided by federal Supreme Court cassation division. The writer has also provided interview responses and sample respondents from targeted groups who generously cooperated in giving a proper answers to the questionnaires and further scrutinizing the meaning of Ethiopian federal constitution as experiences of other countries correlated with the objectives of this thesis. After making serious analysis, the writer, eventually, has reached the Following findings: the federal arrangement of Cassation over Cassation in Ethiopian Federalism has emanated from the practical motion in which case distorts the dual court structure and functioning out of the Constitutional terms and it shows negative implication on Ethiopian federal context and particularly on the principle of self-determination. Thus, the power of State Supreme Court Cassation division has been disregarded and prevalence of Cassation over Cassation system has eroded the principle of self-determination that eventually leads to centralization of power in the country. Key words: Cassation, Cassation over Cassation, Federal Supreme Court Cassation Division, State Supreme Court Cassation Division, Federalism, Constitution, Self-Determination and Court. Based on the findings and the conclusions the writer come up with the political theory of federalism must thus be resolved by the Federal Supreme Court Cassation division should be stopped from interfering in state matters. The State Courts should not be subjugated by the center on their own matters. Interpretation or modification of unclear provisions by the concerned governmental bodies as predisposed is an appropriate option in order to alleviate the converging function and the wrong construction of regional laws version through practicing Cassation over Cassation in the modern Ethiopian federal context.
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    The Response of the African Union to the North Africa Revolutions of 20 I I: Critical Analysis on the African Union Normative Frameworks Governing Democracy, Constitutionalism and Unconstitutional Change of Government
    (Addis Ababa University, 2013-03) Guesh, Haile; Gizaw, Girma (PhD)
    This research thesis is prompted by the North African Revolution of 2011 that toppled President Ben Ali of Tunisia, Hosni Mubarak of Egypt and Muammar Gaddafi of Libya. Exploring the causes, triggers, chronologies and consequences of the North African Revolutions as well as evaluating the response of the African Union to the North Africa Revolutions in general and the Libyan civil war in particular is the central mission of this thesis. Since diplomacy was the pathway followed by the African Union to resolve the Libyan civil war, this paper examines the adequacy and efficiency African Union's diplomacy and political solutions to the Libyan civil war. One of the major issues which is extensively discussed in this thesis is the relationship between North Africa Revolutions and the African Union normative frameworks and instruments governing democracy, constitutionalism and unconstitutional change of government. Solving the puzzle whether Revolutions are legitimate rights of the people under the African union normative and policy frameworks is the crux matter of this paper. The adequacy and potential of the African Peace and Security Architecture to respond to Revolutions is also inspected. Concerning the Responses of the African Union to the North Africa Revolution and the Libyan civil war, this paper contends that, even if the support of the African Union to the Revolutions is unequivocally clear, its responses however are slow and weak. Moreover, the African Union was also effectively ignored, marginalized and sidelined by external octors, such as the Western Nations and North Atlantic Treaty Organization. On the relationship between the North Africa Revolutions and the African Union normative frameworks governing democracy, constitutionalism and unconstitutional change of government, this thesis is of the opinion that there exists no inherent contradiction between the two. Revolutions are morally required and legally permissible under various African Union norms and legal instruments. Finally, by taking some basic lessons from the nature and consequences of the North African Revolutions, some recommendatory points are forwarded to the African Union and its member states so as to tackle the causes of future Revolutions in Africa. Besides, due to the failures the African Union political solutions to the Libyan crises and the resulting foreign military intervention, some proposals are suggested towards an effective implementation of Article 4(H) of the constitutive act of the African Union which empowered the Union to intervene in a Member State in respect af grave circumstances, namely war crimes, genocide and crimes against humanity. Lastly, since the Libyan civil war has exposed not only the existence of serious rift between the African Union and Western powers, but also the marginalization of the African Union by the latter, some practical solutions to advance the principle of "African solutions to African Problems" are provided sa as to avoid the marginalization of African Union by external actors on matters originally belong to Africa. Key Words- Revolution, Democracy, Constitutionalism, Unconstitutional Change af Government