Browsing by Author "Sisay Mengistie (PhD)"

Now showing 1 - 3 of 3
  • No Thumbnail Available
    Item
    Empirical Assessment of Regional State Constitutions of Federal Ethiopia: A Case Study of Amhara National Regional State
    (Addis Ababa University, 2018-10) Bamlaku Alebe; Sisay Mengistie (PhD)
    The thesis attempts to examine and investigate the Practical aspects of Ethiopian regional states Constitution in general and Amhara National Regional state (ANRS) Constitution in particular, which constitutes one of the sub-national units in the Ethiopian federation. This is done first by attempting to place theoretical and empirical investigation and discern aspects of theory and practice of regional state Constitutions in Ethiopia. The study critically asses the empirical evidences about the ANRS Constitutions and identify the possible strategies that has been used to enhance the visibility of the regional state Constitution. The study applies qualitative research method. In doing so, both primary and secondary data employ as a research process to study the various issues involved in the paper. To get the primary data, interview, Focus Group Discussion and key informants purposely selected from ANRS residents were used as means to get data for the study. The secondary data were collected from different published and unpublished documents such as relevant theoretical concepts, text books, journal Articles, scholarly works and bar reviews, as well as websites. Finally, this paper investigated the following major findings. In the drafting and adoption process of ANRS Constitution, there was no pre-Constitutional and post-Constitutional negotiation and discussion with the people of the region about how to draft and adopt. Which means there is no consensus creation among the various societies and political/ interest groups. In the development of Constitutionalism in the region, the government of Amhara region was not done special and tangible support for those researchers, scholars, lawyers and academicians and at the same time there is no any research that is conducted about the regional Constitution. Under the role of Justice Professional Training and legal Research institute of the Region in the creation of Awareness about Constitution of the region, the training center primary objective was to support the justice system of the region and to fill the gap that existed in the provision of justice system all over the region. But, there is no any awareness creation and research means which is conducted about the ANRS Constitution. With regard to the inclusion of the regional state Constitution in primary civics and ethical education text book, detail contents and information of ANRS Constitution is not made part and parcel of civics and ethical education at primary education of the region at elementary schools (5th -8 th). Finally, in ANRS, there is an institution which was established in 2007 E.C. which is responsible to interpret the regional state Constitution. This institution is an organ found in the region empowered to interpret the regional state Constitution and to review the Constitutionality of laws and decisions of regional state government institutions.
  • No Thumbnail Available
    Item
    Protection of Minority Rights in Harari Region: Case Study of Local Governments
    (Addis Ababa University, 2017-04) Yitbarek Tesfaye; Sisay Mengistie (PhD)
    Ethiopia is one of the ancient countries in the world which was a decentralized state until it changed to a process of centralization that took place in a period extending over a century. Present day Ethiopia was created by highlander rulers through twin processes of political and economic conquest in the late nineteenth and early twentieth centuries. Emperor Menelik II (1889-1913) embarked on a campaign of expanding his rule from the central highland regions to the South, West and East of the country. After the demise of the power of Emperor Menlik II and his eventual death, in 1913 the centralization drive continued by Ras Tafari Mekonnen leter he became crowned Emperor Haile Selassie in November 1930. He continued by his highly centralized system of governance without considering the existing diversity of ethno national communities and in the name of the nation-building. The system recognized only Orthodox Christianity as a state religion, Amharic as an official /national language, and other political opportunities without considering diverse societies of the country. because of his centralized rule and lack of proper and adequate reform different struggles raised in different ways, This popular movement caused the break down of Haile Selassie‘s regime in 1974. At that time because of lack of organized political groups to lead the country a military officers called Derg controle to the power in September 1974. The Derg era was characterized by massive human rights violations and internal conflicts. So after a bitter 17 years struggle he defited in 1991 by the Ethiopian Peoples‘ Revolutionary Democratic Front (EPRDF) Girmachew Alemu (2010,pp.4-5). The new rulers announced a radically different nation and state building policy. Under the guidance of the EPRF they declared their interest that to break the past injustices and to develop a new Ethiopian society based on freedom, equal rights and most notably self-determination for all Ethiopian peoples. The right to self-determination is the foundation of the new constitutional strategy of state building. In the FDRE Constitution ethnic groups which are territorially defined have become the bearers of sovereign power and entitled to the right to self-determination by constructing nine constitute units arranged based on territorial and hitter titular ethnic majority groups. So harari is one of the nine regional states which is an inhabitant of different ethnic communities. Hrari is the sovereign power and become the majority ethnic of the region. But non indigenous minorities are discriminated in political participation. The only Harari and Oromo people are the participants in the political game (Harari constitution 2004).
  • No Thumbnail Available
    Item
    The Need to Revise Sub National Constitutions of Ethiopia: the Case of Amhara National Regional State
    (Addis Ababa University,, 2020-06) Shegaw Mulu; Sisay Mengistie (PhD)
    The very purpose of this study is to explore the need to revise sub-national constitutions of Ethiopia in general and ANRS constitution in particular. The study basically assesses and analyzes the need to revise ANRS Constitution and identify the possible measures that have to be taken. The study mainly applies qualitative research method aiming to investigate important attitudes and experiences of informants. In doing so both primary and secondary data have employed as a process in order to get valuable analysis and finding.Primary sources are respondents who were participated during drafting and ratification of constitutions and other intervieweesas well as relevant state laws including the regional state revised constitution. Whereas Secondary sources are books, articles, journals, reports, published & unpublished documents and the like.The study mainly investigated the regional state legala administrative systeme with regard to constitutional revision and related activitiestoidentify the following major findings. In the making processes of ANRSC there was no public participation and consensus creation among different interest groups and politicians. There was no a formal and institutional awareness creation during designation and practicing of ANRS Constitution. The provisions of ANRSC are not part and parcel of the responsible curriculums. Lawyers and researchers were not active participant in developing and practicing the Constitution of ANRS. The people of Amhara didn‟t perceive as that the Constitution of Amhara is not their own rather it is a party document. Finally, the people of ANRS have a great demand for the total/complete revision of FDRE Constitution since it did not address the fundamental interest of them. Moreover, the peoples of Amhara region demand to revise the regional state constitution to make it complete and legitimate.Although the regional state council established the Council of Constitutional Inquiry, it is not active enough to develop and review the Constitution of the region.