Browsing by Author "Mesfin Getachew"

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    Administrative Agencies Power in Ethiopia with Particular Reference to Administrative Rule Making: A Comparative Study
    (Addis Ababa University, 2015-05) Mesfin Getachew ; Mohammed Abdo
    In any democratic setting, the law making power certainly and indeed, rightly belongs to the legislature. Going through the literature however, one cannot but acknowledge the existence of the practice whereby the executive enjoy considerable law making power in addition to its usual executive power. It is incontrovertible that the practice is a negation of doctrine of separation of powers. But the practice seems inevitable given the exigency of modern governance. As such, certainly, the idea of delegation of law making powers to administrative bodies has come to stay. This is however depends on certain conditions, inter alia, that the power under which the later emanates is that of delegable, the power should properly delegated, and must be exercised within the scope by appropriate authority. Despite this universally accepted and in fact applied principles, legislatures at both federal and Oromia national regional government may not lay down any policy at all, declare its policy in vague and general terms, not set down any standard for the guidance of the executive, confer and arbitrary power to the executive to amend or modified the policy laid down in the In any democratic setting, the law making power certainly and indeed, rightly belongs to the legislature. Going through the literature however, one cannot but acknowledge the existence of the practice whereby the executive enjoy considerable law making power in addition to its usual executive power. It is incontrovertible that the practice is a negation of doctrine of separation of powers. But the practice seems inevitable given the exigency of modern governance. As such, certainly, the idea of delegation of law making powers to administrative bodies has come to stay. This is however depends on certain conditions, inter alia, that the power under which the later emanates is that of delegable, the power should properly delegated, and must be exercised within the scope by appropriate authority. Despite this universally accepted and in fact applied principles, legislatures at both federal and Oromia national regional government may not lay down any policy at all, declare its policy in vague and general terms, not set down any standard for the guidance of the executive, confer and arbitrary power to the executive to amend or modified the policy laid down in the parent act, with out reserving for itself any control mechanisms over subordinate legislation. In addition to the lack of a practical limitation on the part of the legislature that give rise to excessive delegation, as well as due to luck of any standards that limits the exercise of delegated power, the problem is more aggravated due to lack of post control of administrative rule making power in Ethiopia. Despite the existence of legal basis, other organs of the government like the court and the higher executive organs have no administrative rule making control mechanisms. Due to these, administrative rules making power have been left with out legal and practical limitation at both federal and state level. With this in mind, this work meant to make a humble attempt at showing the problem with practice and the legal gaps in administrative rule making power, procedure and control mechanisms and coming up with some points of recommendation for policy and law reform.
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    Assessment of Stakeholder Management Practice in Multi-stakeholder Dialogue Projects: The Case of Destiny Ethiopia Project
    (Addis Ababa University, 2022-06) Mesfin Getachew; Bahran Asrat (PhD)
    Empirically assessing Stakeholder engagement practices of the Destiny Ethiopia project, understanding how the diverse stakeholders may try to influence the project and understanding the response strategy enacted to respond to the stakeholder’s pressure are the primary objectives of this study. The study is limited to the stakeholder management knowledge area in donor-funded project in Ethiopia. The study applied a case study methodology and uses a qualitative research approach. The entire project team of seven employees were the study population. Primary data was collected using a structured pre-determined interview guide and the transcribed verbatim narrative text was thematically analyzed together with the secondary information obtained from the project and other publications. The findings shown project team utilizes a combination of methods to identify stakeholders which include Brain storming, expert’s opinion, stakeholders’ forum, and snowballing. The stakeholder analysis largely use the power interest stakeholder Analysis Matrix. Based on the analysis a communication strategy which uses face to face, electronic, written and different media engagement formats was developed, implemented and monitored. The stakeholder related challenges faced by the DE project was largely related to unclear or unreasonable stakeholders. Stakeholders used directly putting conditions on usage of resources, lobbying, letter-writing campaign, and organizing other stakeholders, to shape their salience. The project at the same time enacted largely acquiescence and compromise and sometimes defiance as a response strategy. And the approach taken was a mixture of reactive and proactive approaches. The study concluded that the stakeholder management practice of DE is largely consistent with practices outlined on different project management literatures therefore it is done very well. The stakeholder analysis could be improved using additional tools. The influence strategies used and the response strategies enacted call for higher level of pro-activeness which can be achieved by having a separate unit to manage stakeholders. A separate unit for stakeholders management, a more robust identification mechanism, a more dynamic analysis approach and tools which can capture the dynamism in stakeholders position and a more proactive engagement were recommendations given for the betterment of stakeholder management in similar projects. Keywords: Project management, stakeholders, stakeholder management, Destiny Ethiopia project
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    Examination of Abyei Arbitration Award
    (Addis Ababa University, 2017-06) Mesfin Getachew; Mohammad Habib
    South Sudan attained independence on 9 July 2011, from the Sudan, through the Referendum. Unfortunately, the Referendum left some issues unresolved. The status of the Abyei Area was one of such unresolved issues and, consequently, it has still remained to be a bone of contention between the new born the Republic of South Sudan and the Republic of Sudan. Historically, northern and southern Sudan was administered by one colonial authority with distinct geographical, cultural entities, despite the fact that the Sudan existed as one single state. Thus, the Abyei Area had been one of the areas of contentious during the two bloody intra-state conflicts that took place after independence of the Sudan in 1956. After the formal separation and attainment of independent statehood by the South Sudan in July 2011, the long-standing dispute over the Abyei Area became an inter-state dispute. It may be worth mentioning that the Comprehensive Peace Agreement (CPA) signed between the GoS and SPLM/A in 2005, consisting of six protocols, including the one intended to serve as a basis for subsequent settlement of the outstanding dispute of over the Abyei Area. Thus, the CPA had provided the mechanisms how to ensure conclusive delimitation and demarcation of the Abyei Area between South Sudan and the Sudan. Accordingly, the Abyei Protocol established Abyei Boundary Commission (ABC) to define and demarcate the contested Abyei Area. The ABC has delivered its final and binding report in 2005. However, the GoS had rejected the Report of ABC on the ground that the ABC had exceeded its mandate, whereas the Southern Sudan, as represented by the SPLM/A, had accepted the Report as final and binding. The dispute over this Report was lasted more than three years and resulted in eruption of war in the Abyei Area that caused massive displacement and loss of innocent lives. In an effort to avoid further conflict, the Parties agreed to take their dispute to the Permanent Court of Arbitration (PCA) at The Hague for final and binding decision. On July 22, 2009, the PCA has issued its final and binding decision over the intra-state boundary dispute. However, the decision of Abyei Arbitration Award not yet been enforced and the final status of Abyei Area is not yet determined. Therefore, this thesis examines why Abyei Arbitration Award fail to be enforced and proposes an alternative solution to enforce the Award and determine the final status of Abyei Area.
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    Examination of Abyei Arbitration Award
    (Addis Ababa,University, 2017-06) Mesfin Getachew; Mohammad Habib
    South Sudan attained independence on 9 July 2011, from the Sudan, through the Referendum. Unfortunately, the Referendum left some issues unresolved. The status of the Abyei Area was one of such unresolved issues and, consequently, it has still remained to be a bone of contention between the new born the Republic of South Sudan and the Republic of Sudan. Historically, northern and southern Sudan was administered by one colonial authority with distinct geographical, cultural entities, despite the fact that the Sudan existed as one single state. Thus, the Abyei Area had been one of the areas of contentious during the two bloody intra-state conflicts that took place after independence of the Sudan in 1956. After the formal separation and attainment of independent statehood by the South Sudan in July 2011, the long-standing dispute over the Abyei Area became an inter-state dispute. It may be worth mentioning that the Comprehensive Peace Agreement (CPA) signed between the GoS and SPLM/A in 2005, consisting of six protocols, including the one intended to serve as a basis for subsequent settlement of the outstanding dispute of over the Abyei Area. Thus, the CPA had provided the mechanisms how to ensure conclusive delimitation and demarcation of the Abyei Area between South Sudan and the Sudan. Accordingly, the Abyei Protocol established Abyei Boundary Commission (ABC) to define and demarcate the contested Abyei Area. The ABC has delivered its final and binding report in 2005. However, the GoS had rejected the Report of ABC on the ground that the ABC had exceeded its mandate, whereas the Southern Sudan, as represented by the SPLM/A, had accepted the Report as final and binding. The dispute over this Report was lasted more than three years and resulted in eruption of war in the Abyei Area that caused massive displacement and loss of innocent lives. In an effort to avoid further conflict, the Parties agreed to take their dispute to the Permanent Court of Arbitration (PCA) at The Hague for final and binding decision. On July 22, 2009, the PCA has issued its final and binding decision over the intra-state boundary dispute. However, the decision of Abyei Arbitration Award not yet been enforced and the final status of Abyei Area is not yet determined. Therefore, this thesis examines why Abyei Arbitration Award fail to be enforced and proposes an alternative solution to enforce the Award and determine the final status of Abyei Area.