Browsing by Author "Kassa, Getahun (PhD)"

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    Election Monitoring Practices of the Ethiopian Human Rights Commission: A Comparative Analysis
    (Addis Ababa University, 2018-06) Girma, Wubshet; Kassa, Getahun (PhD)
    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) Yared, Mezmur; Kassa, Getahun (PhD)
    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) Alemtsehay, Behtelhem; Kassa, Getahun (PhD)
    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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    Implication of the Afar -somali Pastoralist Conflict on the Socio -economic Rights of Residents in Afar Region Zone Three
    (A.A.U, 2013-05) Berhane, Meressa; Kassa, Getahun (PhD)
    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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    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; Kassa, Getahun (PhD)
    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 Right to Bail under Ethiopian Federal Anti-corruption Laws: Implications on the Right of the Accused (Case-oriented Study)
    (Addis Ababa, Ethiopia, 2013-05) Hadush, Gebrehiwet; Kassa, Getahun (PhD)
    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.