Browsing by Author "Mihiret Dereje"

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    The 2018 Transition of Ethiopia towards Constitutionalism: Challenges and Opportunities
    (AAU, 2020-02) Mihiret Dereje ; Abera Degefa
    This thesis aims at addressing questions such as what is political transition, what is constitutionalism and what is the nexus between transition and constitutionalism. It answers whether there is political transition in Ethiopia in 2018 and addresses the challenges and opportunities of the 2018 transition towards constitutionalism. Apart from theoretical explications, the discussion is backed up by examination of the practical scenario of the country. Moreover, in addition to a discussion on the theoretical aspect of transition andconstitutionalism, the thesis examines how transitions should be governed for successful democratization.After discussing all the above issues, the author argues that, in 2018 a reform type political transition has taken place in Ethiopia. The reform brought both opportunities and challenges towards ensuring constitutionalism. The author recommends the government should go forward in the positive beginnings and take legal action against the unwanted outcomes of the transition to ensure constitutionalism.
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    Institutionalizing Non-State Justice System in the Somali Region
    (Addis Ababa University, 2023-11) Mihiret Dereje; Yonas Tariku(PhD)
    This paper conducted with the objective of examining institutionalizing non-state justice system in the Somali region. As such it is aimed to examine the nature, process, and function of the non-state justice system among the Somali people and explore alternatives to institutionalize the non-state justice system in-to the state-led system. To do so, the researcher employed qualitative research methodology. Interview, case study and document analysis used as a source of data. The findings of the study show that, the home-grown legitimacy of the Somali non-state justice system, the historical and political background of the region made the Somali non-state justice system preferable conflict resolution system than the state justice system. Moreover, the research revealed that the adjudicative power of the elders beyond legally recognized jurisdiction and its effectiveness to ensure peace and security of the region. However, even though the Somali non-state justice system plays a pivotal role to settle conflicts, it has limitations which would constrain to effectively ascertain justice in the region. The first limitation is legislative restriction of jurisdiction. The second limitation is lack of compelling power to enforce the decisions of the non-state justice system. Finally, its discriminatory aspect in terms of human rights. Therefore, the findings of the study suggest that, to overcome the limitations and maximize its effectiveness; first the non-state justice system of Somali region should have to get formal legislative recognition over criminal cases and intraclan conflicts. Secondly the state should provide the necessary finance and capacity building trainings and create a conducive environment to exercise their power according to the cultural context.
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    The 2018 Transition of Ethiopia towards Constitutionalism: Challenges and Opportunities
    (Addis Ababa University, 2020-02) Mihiret Dereje; Abera Degefa
    This thesis aims at addressing questions such as what is political transition, what is constitutionalism and what is the nexus between transition and constitutionalism. It answers whether there is political transition in Ethiopia in 2018 and addresses the challenges and opportunities of the 2018 transition towards constitutionalism. Apart from theoretical explications, the discussion is backed up by examination of the practical scenario of the country. Moreover, in addition to a discussion on the theoretical aspect of transition and constitutionalism, the thesis examines how transitions should be governed for successful democratization. After discussing all the above issues, the author argues that, in 2018 a reform type political transition has taken place in Ethiopia. The reform brought both opportunities and challenges towards ensuring constitutionalism. The author recommends the government should go forward in the positive beginnings and take legal action against the unwanted outcomes of the transition to ensure constitutionalism.