Human Right

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    Rights of Children Living with their Imprisoned Mothers in Kality Federal Women Prison: Prospects and Challenges
    (Addis Ababa,University, 2001-09) Abraham, Lidiya; Birmeta, Yonas (PhD)
    Children as member of human being and due to their vulnerability nature, many legal instruments include wide package of rights concerning children in their provisions. Various legal instruments designed with different package of rights for children. Ethiopia as signatory for Convention on the Rights of Child (hereinafter called CRC) and African Charter on the Rights and Welfare of the Child (hereinafter called ACRWC) is taking different measures for the protection and realization of the rights of children. Federal Prison Proclamation No. 1174/2019 includes treatments that should be given for children live in prison with their imprisoned mothers. It is important to evaluate its sufficiency in light of the principles of child rights. The procedures taken by court in rendering order to about the entry of children to prison with their convicted mothers and the facilities provided for children in prison should be seen in light of the rights of children.
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    The Protection of Human Rights of Persons with Disabilities in Higher Educational Institutions of Ethiopia
    (Addis Ababa University, 2008-03) Alene, Eshetu; Eshete, Andreas( Professor)
    According to the UN estimation, currently, there are more than 650 million persons with different types of disabilities in the world. And in Ethiopia, it is expected to be more than 10 Million at national level. But, unfortunately, the number of students with disabilities at higher educational institutions is not known. For the fact that persons with disabilities are human beings, they have the fundamental rights that human society deserves. These category of persons do have the right to learn in higher educational institutions. However, the recognition, protection and enforcement of the rights to education of persons with disabilities may vary according to time, place, economy, culture, social, etc development of a given society or country. Education or learning is considered to be one of the fundamental principles of the Second Generations of Human Rights. It could be considered as the basis for all walks of life for both personal and national development. And when it comes to higher education, it would be the most valuable matter which needs proper protection. This important concept of the protection of general and specific educational human rights of persons with disabi lities has somehow been directly or indirectly incorporated in different international, regional, and national legal and policy instruments. Of these instruments, the 1945 UN ChaIier, the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1966 International Covenant on Economic, Social aIld Cultural Rights, different ILO Instruments ,the African Charter on Human and Peoples' Rights, UN Convention on the Rights of Persons with Disabilities, etc are some among others. Ethiopia has ratified and/or adopted most of these different international and regional human rights instruments and included provisions in its constitution on basic rights of persons with disabilities. In Ethiopia, the rights of citizens to equal access to publicly funded services and the support that shall be given to accommodate the needs of persons with disabilities has been stipulated in the constitution of the Federal Democratic Republic of Ethiopia of 1995. Moreover, the Educational and Training Policy of Ethiopia of 1994 further states that attempt shall be made to enable persons with disabilities learn in aCCOrdaI1Ce to their potential and needs. In addition, the Higher Education Institutions Establishment Proclamation of the Federal Democratic Republic of Ethiopia clearly declares that persons with disabilities shall get special protection and support during their stay in the institutions.In view of these points, this socio-Iegal study has attempted to assess and identify the protection of the general and specific educational human rights of students with disabilities in higher educational institutions of Ethiopia. The problems and challenges faced by them in the higher educational institutions are summarized in the fo llowing broad areas of focus like: the existence and awareness of legal and policy matters together with their implementation issues, participation in decision making and social conditions, educational issues, matters related with services, accessibility issues, disability-gender based and emotional issues and other general matters which are considered to be important have been mentioned and analyzed in this paper. To achieve the research, I have used different approaches. Accordingly, about five public and two private higher educational institutions were selected. In order to attain the stated objectives of the study, the doctrinal and non-doctrinal methods of legal research have been employed. The qualitative data have included the primary and secondary information. Again, to collect the quantitative data, questionnaires were developed. These consisted of 3 major divisions and more than 60 items, categorized under 8 issues. From the three category of my respondents, persons with disabilities = 68 out of 100 (68%): Administrative bodies =38 out of 50 (76%): students with no disabilities= 77 out of 100 (77%): the sum total = 183 out of250 (73%): have given their response. Inaddition to legislative and documentary materials, interviews with more than 25 concerned bodies, personal case study, direct personal observation, etc have also been held just to supplement the data gathered through the set of questionnaires. Despite the existence of the aforementioned various international, regional and domestic human rights instruments, the findings of this study for all issues have indicated that almost all of the time there have been observed the non-existence of proper internal laws and policies followed by non observance of the educational human rights of persons with disabilities in the sample higher learning institutions. This intern has contributed for the non observance of the other human rights of persons with disabilities. Because, in most cases, persons with disabilities are not given equal opportunities to participate in decision making and social matters neither they have special body to fac ilitate their demands. Also, as regards the issue of accessibility of built environment and facilities, the layout of the most higher educational institutions do not suit to the special needs of students with disabilities.It has again been highlighted that there are very serious shortage of educational materials and equipment in the sample higher institutions. Additionally, financial support and assistance, guidance and counseling , proper library services are almost all nonexistent. Besides, it seems that there are no effective interaction between the students with disabilities and students with no disabilities in the sample higher learning institutions. The majority of students with disabilities express that they are hardly psychologically treated by their instructors, friends and others. So, by now, it is hardly possible to say that there is protection of human rights of persons with disabilities in most higher educational institutions of Ethiopia. This could be said that the educational human rights recognized by the constitution, the Proclamation, etc have not yet been implemented as much as it deserves. Thus, in general, based on the findings and discussions made, the researcher has given his different suggestions like, strengthen the proper participation of persons with disabilities, facilitate the awareness of right holders and the duty bearers; promote possible intervention from the side of policy and law makers, enforcing bodies, interpreters; the society etc; at national level. These could be helpful to solve the problems of persons with disabilities and protect their human rights in different higher learning institutions of Ethiopia.
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    The Rights of Religious Minorities in Ethiopia: The Law and the Practice
    (Addis Ababa University, 2008-06) Beyene, Zimmeta; Legesse, Yared (PhD)
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    The Vulnerability of Women Refugees to Gender Based Violence (GBV): A Case of Addis Ababa
    (Addis Ababa University, 2009) Mohamed, Hiba; Tadesse, Wondemagegn (PhD)
    Confronted with violence and persecution in their homelands poses direct threats to the personal safety, and wellbeing, of affected populations forcing them to flee in search of safe environments. Amongst these groups of people are women. This study aims to probe the vulnerabilities of women refugees from Yemen, Eretria, Somalia, South Sudan, Great Lakes Region and others to Gender Based Violence (GBV), with specific interest on refugees in urban areas -Addis Ababa. The study focuses on identifying the causes, risk factors and consequences; as well as explore the extent of protection extended by the state and non-state actors in relation to their access to services such as prevention, treatment and remedial actions in Addis Ababa. The overall framework for this study will focus on a human right centered approach as well as on the international and regional conventions on refugee protection. It highlights women refugee‟s challenges and coping mechanisms in Addis Ababa, and the effects on the realization of their right to dignity, and other rights including right to life, right to health and well-being. To accomplish this, and with the purpose of explaining women vulnerabilities as refugees in a host country, a qualitative approach was adopted by means of in-depth interviews to extract personal stories from women refugees and officials of responsible institutions. Looking at the lives of women refugees in– Addis Ababa, in relation to their rights, safety and security offers useful insights into some of the specific challenges they face. It was found that difficulties encountered include language barriers, in accessibility of government social services as a direct consequence of national authorities not being aware of their mandate to support refugees, and the high cost of living that pushes refugees to the outskirts of the city, which also open another dimension to their vulnerabilities to GBV. The study also found that most survivors would rather choose not to report GBV, due to inaction or unsatisfactory response from authorities to their specific needs/complaints. It is also useful to highlight that despite the number of service providers, the pathway and information on available services is still limited, and little is being done to support victims‟ access to legal aid.
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    State Responsibility for the Protection of Rights of Children Deprived of their Family Environment: The Ethiopian Perspective
    (Addis Ababa University, 2009-03) Tekle, Solomon; Teshome, Tilahun (PhD)
    The international, regional and natiollal systems recognize the right of children deprived of their ftunily environment and the right to special protection and assistance to be provided by states. However, in many countries, weak infrastructure alld limited distribution systems complicate the right to access to proper alternative care mechanisms as stated under the CRC and ACR We. This has resulted in the realization of children's right to alternative care setting a difflculty. Ethiopia has ratified a variety of international and regional hUJ1J.an right instruments and has adopted constitutional provisions on the rights of the child. However, mere ratification and adoption of treaties does not warrant the applicatioll of the right itself. CDFE in Ethiopia wonder on the streets because they have no families, food, hOllle or shelter, sometimes abused by adults, anc/lor other children. All what these childrell have ill common is the total absence of the special safeguard and care which they need by reason of their physical and mental immaturity. In the presence of these grim realities about CDFE, the countly cannot be said to have discharged its responsibility under international and regional human rights laws. CDFE are vulnerable. They are vulnerable because they are deprived of a natural environment for their growth and well being. In view of this, they are in more need of protection by governmental and non-governmental organizations. The recognition of this need emanates from the numerous legal .1nd non-legal instruments adopted at domestic, regional and international level. There is an abundance of mechanisms and machinelY in place, both on the national as well as on the international scene. However, forther has to be dOlle to make the rights of CDFE a reality. Ethiopia has to study, analyze, and attack causes and factors that give rise to human rights violations of CDEF. To that effect, revision and implementation of laws, policies and programs that combine the provision of services and social and economic opportunities, the protection of the vulnerable and their meaningfid participation are essential to address the current crisis of children deprived of parental care. There is no single blueprint for success - no "one size fits all" approach to find answers to these complex issues. Responses must be adapted to the individual child in his or her unique circumstances.
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    The Role of Environmental Protection Authority in Guaranteeing and Protecting Environmental Rights in Ethiopia
    (Addis Ababa University, 2009-03) Damte, Dereje; Bekele, Mekete (PhD )
    The concept of environmental Protection and environmental ri g ht s are the recent developments in the world . It is after the 1972 Stockholm conference on human environment that the world became aware of the necessi ty of env ir onmental protection and the relationship between environment and human rights . Since then s ig nificant number of instruments are deve loped and adopted in different times in the world to make the environment safe for the health and wellbeing of mankind . Similarly in E thiopia since the formation of modern state or government , there were provisions under the laws protecting the environment. Especially beginning with the regime of Emperor Menelik II, and onwards until the coming in to power of the EPRDF led government in the year 1991 , there are provisions under the laws that o ne way or the other protect the environment. However, they are criticized as inadequate, dispersed, lacked comprehensiveness and focused on the economic advantages of the natural resources than focusing on the health and wellbeing of the society. Taking the weakness of the previous regimes and the global development of the environmental protection efforts into considerations, the [PROF led government enacted the FDRE Constitution in the year 1995 which g uarantee and recognize environmental rights of the people both in substantive as well as procedural manner. That means, it recognize the right to clean and healthy environment as substantive right as well as the right of the people to participate in environmental decision making together w ith access to information and access to justice as a procedural environmental rights . These constitutionally guaranteed rights of the people are n.lrther elaborated by th e EPE, the CSE and by the environmental leg islati ons such as [lAP, [PCP and SWMP . However , the mere constitutional guarantee of the rights does not mean that the right s of the people are respected . There has to be the mechanism and in stitu tion for the implementation and the monitoring of the same. As a result , the EPA is established a t the federal level to monitor the implementation of environmental laws in Ethiopia . In so doing the authority has to play number of roles which among others are playing the role of leadership in establishing strategies and priorities, in formulating practicable environmental standards, in assigning environmental inspectors, in in stalling so und technologies and the likes. When we see the practical application of the roles of E PA in monitoring the implementation of environmental laws, the writer can say the authority is not effective in performing its role of monitoring the implementation of en viro nmen tal laws that would protect the environmental right s of the people. That is due to external as we ll as internal sources of problems which need measures to be taken on the part or the government on the one hand a nd on the part of the auth ori ty on the other.
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    The Role of NGOs in the Enforcement of International Human Rights Law in Ethiopia
    (Addis Ababa University, 2009-03) Dinku, Shimeles; Goel, Vaibhav (PhD)
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    The Legal and Institutional Aspects of the Clean Development Mechanism (CDM) Forestry Project in Humbo and Damote Areas in Ethiopian
    (Addis Ababa University, 2009-05) Erkola, Zekarias; Tamrat, Imeru (PhD)
    Changes in climate become common concern of all mankind. Consequences resulting from global warming such as rise in the sea level, ji'equent occurrence of natural calamity, agricultural breakdown, melting of the polar ice, worsening human heath effect, disruption of the water cycle, to mention some, urged the international community to seek remedy. In response to these consequences the GA urged governments and intergovernmental and non-governmental organizations to collaborate in a concerted effort to prepare conventions. Afler long and tiresome negotiation the international community adopted UNFCCC in 1992 and it's Kyoto Protocol in 1997 to stabilize GHG. The Kyoto Protocol requires the industrialized countries specified in Annex 1 to reduce their average emissions of six GHG by 5.2%from 1990 levels between the years 2008 and 2012. The Protocol adopted the principles of differentiated commitments between the industrialized north and nonindustrialized south. To meet the different ends of the north and south flexible mechanism is adopted in the protocol. CMD AIR is one of these flexible mechanisms adopted in the Protocol. CDM AIR aims to achieve climate change mitigation through the market based approach: Industrialized countries receive emission rights in exchange for financing emission abatement projects in countries without emission target. It also aims to assist developing countries in achieving sustainable development by promoting environmentally friendly investment from industrialized countries. The procedure for the implementation of CDM AIR project is cumbersome. Apart Fom the procedure, the implementation of CDM AIR project raises number of legal and institutional issues. Ethiopia as part of the international community ratified the UNFCCC and its Kyoto Protocol and currently pilot CDM AIR project in the SNNPRS. While implementing CDM AIR project there must be institutional setup and legal framework to realize the project. The writer believes that this paper points out the legal and institutional gaps for the implementation of CDM AIR project and contributes to benefit Fom the CDM AIR regime.
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    Treatments of the Rights of National Minorities and Caste. Social Groups in Amhara National Regional State: Law and Practice
    (Addis Ababa, Ethiopia, 2010) Mengistie, Sisay; Legese, Yared
    The prime motive of the writer to do a research on the rights of national minorities is the . divergence of the Amhara National Regional State Constitution against the Federal Democratic Republic of Ethiopia (FDRE) Constitution on some rights of national minorities. Moreover, the researcher wants to see the status of the Amhara Region government activities against the guaranteed constitutional rights. of national minorities. Besides, the researcher, being watchfiil of the prevalent problems in the area, is enticed to make a comparative survey of the constitution of the Amhara National Regional State (ANRS) in relation to the rights of national minorities with that of the three neighbouring national regional state constitutions (Benshangul-Gumuz, Oromia and Tigray). The research tries to address three fill1damental issues on the rights of national minorities. In the first place, the constitutional guarantees in the FDRE, ANRS and the three national regional states neighbouring to the Amhara National Regional State are assessed in the study. Secondarily, the perception of the national minorities covered in the study and the three organs of the government (legislative, executive, and the judiciary) with regards to the respective constitution of the region and the application of the constitution on the rights of national minorities are scrutinized among others. And finally, the basic distinctions in crafting their constitutions to issues referring national minority rights and in implementing same among the regions covered in the study. In addition to this the research gives some space to assess the histolY, legal and social status ofNegede-Woyto and the Awura-Amba community in relation to the rights of equal treatment, non-discrimination, accommodation and participation in societal as well as political activities. A qualitative approach of data analysis is made use of in the research. Various laws (international, national and regional) and other related documents are utilized as data source in addition to the interview and focus group discussion, the respondents being selected on pwposive basis. The researcher also uses his personal observation as additional source of information. The major findings the research comprises are; identifYing the contradiction between Art.39 (1) of FDRE Constitution and the common Art. 39(4) of national regional states and thus restricts the rights of national minorities in exercising self-rule, representing at regional executive and the judiciwy as well as in issuing regulations and formulating policies which could help them to strengthen their socio-economic and political activities. Furthermore, the three neighbouring national regional states covered in the study denay the rights of those national minorities living in their respective regions and realizing the ignorance of the governments of regional states pertaining to the rights of national minorities and caste social groups . . Finally, the implication on the issue illustrates that the effort to build one economic and political society could be hindered if those problems mentioned above are not corrected in the near future. And this in turn calls for a revision of const itutions and a close monitoring on the practices of the rights of national minorities not only in those regional states covered in the study but also in the other national regional states of Elhiopia.
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    Minority Rights Protection in the Amhara National Regional State: The Case of the Kemant People in North Gondar
    (Addis Ababa University, 2010-01) Shibeshi, Belay; Yeregassa, Tsega (PhD)
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    Compensation of Victims of Human Rights Violations in Ethiopia in Light of International Human Rights Law: With Specific Reference to Addis Ababa and Oromia
    (AAU, 2010-01) Gebre, Tilahun; Aseffa, Getachew (Associate Professor)
    This paper aims to assess the Ethiopian law and practices of compensation of victims of human rights violations in light of international human right laws. It is motivated by the questions of whether and how the Ethiopian law and practice relate to the international law and practice with regard to compensation of victims for human rights violation. It appears at the beginning that the Ethiopian civil code provisions of extra-contractual liability would cover human rights violations per se. However, questions of causation, assessment, and enforcement-among others, triggers some other questions that the civil code seems arguably fail to address. For instance, whether the questions of moral damages and immunity of public official's responsibility are properly covered by the Ethiopian law and practice in light of the international human rights law seem to be debatable. This paper attempts to provide a general understanding of the Ethiopian law and practice of compensation of human rights violation in light for the international human rights law
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    Human Rights of Exogenous Ethnic Minorities in the Federal Democratic Republic of Ethiopia (The Case of Harari People’s State)
    (Addis Ababa University, 2010-01) Tsegaw, Endaweke; Assefa, Getachew (Associate Professor)
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    The Need for an Independent National Human Rights Institution for Children in Ethiopia
    (Addis Ababa University, 2010-01) Gintamo, Fikreab; Legese, Yared (PhD)
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    Implementation of the Socio-economic Rights of the Child in Ethiopia: With Particular Emphasis on the Right to Health and Education
    (Addis Ababa University, 2010-01) Abdulahi, Abduljebar; Assefa, Getachew(Associate Professor)
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    State Reporting under the Banjul Charter: Its Role and Pitfalls in the Protection and Promotion of Human Right in Africa
    (Addis Ababa University, 2010-06) Hailemariam, Asnake; Abate, Mizanie (PhD)
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    The Role of Law Enforcement Agencies in , Combating Gender-based Violence in East Gojjam Zone
    (Addis Ababa University, 2010-12) Kassahun, Azmera; Mengesha, Emezat (PhD)
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    The Role of Media in the Promotion of Human Rights in Ethiopia
    (Addis Ababa, 2010-12) Tewelde, Seble; Birmta, Yonas
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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