Federalism

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    Accommodating Exogenous Communities at Local Level: The Case of Gura-Ferda Woreda of SNNPRS and Pawe Woreda of BGNRS
    (AAU, 2017-06) Chekol, Melese; Ayitenew, Zemelak (PhD)
    Ethiopia has adopted what is often referred to as ethnic federalism which aims to accommodate the ethnic diversity of the Ethiopian people principally, if not exclusively, through territorial mechanisms. It establishes nine ethnically demarcated regional states and provides the establishment of sub-regional territorial and political units for intra-regional ethnic minorities based on the same federal principle. Implied, or assumed to have been implied, in this federal arrangement is a notion of endogeneity in a sense only that only those ethnic communities that are viewed as endogenous to a specific territorial area are considered to be entitled for self-government either at regional or sub-regional level. This leaves out the millions who are considered to be exogenous without clear constitutional protection. A qualitative approach with purposive sampling techniques was employed during data collection. Interview, Focus group discussion and field observation was employed in this thesis. Among exogenous communities (not necessarily ethnic communities) in such constitutional quandary are those who moves to the areas now make parts such regions as Benishangul-Gumuz and SNNP as part of the villagization and resettlement of programs of the imperial and Derg eras. These communities are mostly found in clearly demarcated territorial areas which are equal or larger than a woreda in terms of territorial and population size. And, despite being of different ethnic background, the settlers have over the years developed a sense a community. Yet, they seem to have no constitutional protection and under the mercy of the endogenous communities of each region. Regardless of the position of the Constitution regarding such communities, this thesis undertook to investigate whether and how such communities are in practice accommodated in the regions they are found. To this effect it selected the Pawe woreda of Benishangul-Gumuz and Gura-Ferda woreda of SNNP. The so called exogenous communities are found in the majority in both of these woredas. However, they are treated differently. In Pawe woreda, where members of the exogenous community constitute over 99 percent of the population, they are allowed to have full control over the political and administrative institutions of the woreda. They are represented in the regional government and, compared to members of the exogenous communities living in other parts of Benishangul-Gumuz region, are least harassed by members of the endogenous communities. The situation is starkly different in Gura-Ferda. There, despite them being in majority, members of exogenous communities are excluded from the political institutions of the woredas. And they suffer from actual or threat of eviction.
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    Accommodation of Diversity and Rights of Women in Ethiopian Federalism: The Case of Guraghe Zone, SNNPR
    (AAU, 2018-04) Kinfe, Sisay; Bayisa, Reggasa(PhD)
    Absence of women‟s participation/voice in customary local institutions, limited empowerment of women, shallow understanding of autonomy and multiculturalism, and legislative gaps are factors that hinder the protection of rights of women in the family arena within ethno-cultural communities in Guraghe Zone of the SNNPR. This research by examining institutional system for the protection of collective rights and rights of women showed the opportunities and challenges of resolution of conflict of culture and rights at local level. In doing this, the thesis filled the gaps seen in the literature regarding process of transformation of customary local institutions and its limitation as a mechanism of resolution of conflict of culture and rights in the family arena in Ethiopian federalism. The limited emphasis given to rights of women to participate in customary local institutions is the main factor that undermines enforcement of rights of women in the family arena both in the state and non-state institutions. In patriarchal society, such as Ethiopia, women were/are voiceless in the (re)construction of culture, such as customary laws. This is one of the challenges in the process of elimination of discrimination and harmful customary practices against women within ethno-cultural community as well as in the enforcement of right of exit. Making multicultural feminist standpoint and human rights norms the theoretical and methodological framework for this research; the researcher explored the institutional systems for the promotion and protection of rights of women at local level. These theories have the purpose of resolving conflict of culture and rights, i.e., conflict between collective and individual right, by making all, who are concerned and involved, to have voice in the resolution of those conflicts. Document analysis, interviews, focus group discussion and observation are the methods used to collect qualitative data. Interpretional and reflective method of data analysis has been used to analyze empirical data.
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    The Accommodation of Ehnic Minorities in the Federal Ethiopia: The Case of Hadiya Nationality Zone
    (Addis Ababa University, 2018-10) Mekoro, Tigabu; Mesfin, Seyoum (PhD)
    This Thesis focuses on the accommodation of ethnic minorities in the Federal Ethiopia: The case of Hadiya Nationality Zone. Based on the empirical evidences, the study specifically examines the effectiveness of theory and practice of local political and administrative institutions in the accommodation of the dispersedly settled intra-minorities rights to the political representation, appointment and language, and its approaches for managing inter-ethnic conflicts between Hadiya and Danta-Dubamo ethnic groups. There by evaluate whether the absence of political accommodation of dispersedly settled intra-minorities in the local political and administrative institutions, amplify the inter-ethnic tensions and conflicts. In order to achieve these objectives, the study employed an in-depth-interview, key-informants interview, Focus Group Discussion for obtaining primary data sources; and it has also utilized different secondary sources including books, Articles, international journals of published and unpublished sources. The study found out that, there is clear policy and institutional gaps in the accommodation of political needs of dispersedly settled intra-minorities in this local administrative unit. This approach has resulted in the exclusion and marginalization of some part of society from their needs of adequate political representation and its decision-making, appointment and use of language rights. For this, there are several underlining causes that ranging from social, economic, and political to identity issues after the adoption of the federalism. To this end, the inclusive political system through accommodation of power-sharing, cultural autonomy and an integrated approach (both traditional and modern conflict resolution institutions) have been utilized to manage the inter-ethnic tensions and conflicts between them. Nonetheless, the modern conflict resolution institutions are solution, which was predominantly formal in its form, to manage this inter-ethnic tensions and conflicts has been ineffective than the traditional conflict resolution (TCR). But the TCR alone, given the context of federal arrangement in the study area, could effectively resolve the conflict and the dynamics of issues at the interface between them. It is, therefore, a contention of this thesis that a good combination of the TCR and modern conflict resolution institutions could efficiently resolve the inter-ethnic tensions and conflicts between intra-Zonal majority and minorities ethnic-groups.
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    The Accommodation of Ethnic Diversity in SNNPRS: A Comparative Study of Ethnic Accommodation between the Ethnic Groups of D’irashe Woreda and other Ethnic Groups of Segen
    (Addis Ababa University, 2015-05) Kegnalew Hale, Tefera; Bayissa, Regassa (PhD)
    This thesis attempts to assess the ways of ethnic accommodation between the ethnic groups of D‟irashe Woreda and that of Segen Zone. Contemporarily, accommodation of ethnic minorities has become a hot issue in many parts of the world. Consistently, the thesis highlighted the recent global issues of ethnic, religious, linguistic and cultural minorities and the ways of accommodating their rights. Indeed; the corner stone used as a device of accommodation in Ethiopia is its federal political system. Of course, the research analyzed the reason why federalism is introduced in Ethiopia, its way of arrangment, and the mechanisms how it has been managed and accommodated its ethnic, linguistic religious and cultural minorities. Furthermore, it discussed the geographic and institutional arrangements, the exercise of political power and other instrument of ethnic accommodation in SNNPRS. Among the seven multi-ethnic Zones of SNNPRS, Segen Zone is the one which is recently established having eight ethnic groups that are arranged in to five Woredas. Generally, as a central team; the thesis assessed the ways of ethnic accommodation in comparative perspectives using different parameters such as: recognition, representation, self-determination, distribution of infrastructure, power sharing on the executive organ and participation of the people in the political, economic and social affairs. Finally, the study suggested possible devices of accommodating the minority ethnic groups existing in D‟irashe Woreda and Segen Zone.
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    The Accommodation of Minority Rights in Oromia National Regional State: A Case Study of Girar Jarso Woreda
    (AAU, 2016-05) Shimelis, Kassaye; Yared, Tegbaru
    This thesis aspires to investigate as to how the rights of Amhara minorities in Girar larso Woreda within Oromia National Regional State, particularly in North Shewa Zone resonate with the constitutional framework that installed an ethno-regional federal set-up since 1991. In the processes of investigation, secondary and primary sources were used. Accordingly, the researcher employed to show facts even during the Hailessellassie and the Derg regime of the nation-building policy, Amharic language was a national language and the members of Amhara nation had settled (occupied) in the boarder of Amhara and Oromia of some corners, and urban centers of Oromia. When we come to see and compare the laws governing the Ethiopia as a federal, contrasting the FDRE Constitution, the ONRS Constitution has not a room for non-Oromo nations found in the region. Unlike Oromia Regional States, some Regional States of federal Ethiopia, embraced and gave recognition for some minority groups in their regional governments. This causes dissimilarity among the regional states within the Ethiopian federation. The Amhara minorities of seven rural Kebeles, found in Girar larso Woreda, in Northern Zone of Oromia, that full fill the terms set by the FDRE constitution; as they are an ethnic group, territorially defined, known with their own language and unique culture is the case. Nevertheless, they have not been the beneficiaries of sovereign power and have not been entitled to the right to self-rule in their area, and shared the power with its regional states. In effect, this thesis found out that, as this minority group cannot be judged and get served fully in their own language, Amharic, and almost all literates of the group cannot be employed to serve in their public sectors of Woreda, Zonal, and Regional States of Oromia for often they fail to speak the working language of the region, Afaan Oromo. Now this discourages their literates and caused them to migrate far from their birthplace to search job where Amharic language is used. The up growing child students in primary schools are also decreasing in their schooling enrollments participation. Some enrolled students in the school are also resulted in dropouts. Therefore, these need solutions in considering the problems with the pillar gateways of the federal system self-rule and shared-rule.
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    Assessment of Factors Affecting Interregional Conflict Resolution in Federal Ethiopia: The Case of Oromia and Somali Regions
    (Addis Ababa University, 2018-05) Geremew, Gezu; Dejen, Mohammed (PhD)
    The Elhiopian governmenl designed a conslillilion Ihal have a democralic and In/ilion righls Ihal gllaranleedjor Ihe cilizen ajier Ihefcdl of Derg regime. All peoples o.lElhiopia have a pro/ect;on as national and regional in both international convention and Domes/ic lall's wilhinlhe cOllntry. Th is study was designed to assess the foctors affecting interregional Conflict Resolulion in Gromia and Somali regions o.l Elhiopia. In order to address the research objective. Ih is sludy employed both Ihe descriptive and explanatOlY research design. Moreover. both qualitative and quantilative research approaches were employed since mixed methods helps to make use of different data source. Data were collected Fom prilllwy and secondwJI sources Ihrough questionnaires, inlerviews, doclimenl review. FGD and observalion. The researcher lIsed both probability and non probability sampling lechniques to draw Ihe sample. In tOlal, 50 high experts. 15 elders, 10 leaders 10 persons Fom diffirent sociel ies were selected randomly and 25 key informants were plllposefidly selected. Finally, the raw data collected through the survey were analyzed based on qualilative and qUClntitalive dolo analysis /echniques involving descriplive and SPSS analysis. From this analysis 10 bring sllslainable peace wilhin Ihe 1\110 regions were Ihe major problems wilhin the Slake holders. The SIIlC0' also found Ihal dijjerenliale the root cause and trigger or immediate cause of the two regions, IInclear demarcalion of lerrilorial arrangemenl as a rejerendum and Ihe miss use ollegal binding aclors are anolher problems. So, in order 10 accommodale Ihe two regions people beneficial differenlialions beller 10 have solve demarcalion ollerrilorial bOllndaries problems and mediate genuinely andjustice .
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    Assessment of Factors Affecting Interregional Conflict Resolution in Federal Ethiopia: The Case of Oromia and Somali Regions
    (Addis Ababa University, 2018-05) Geremew, Gezu; Dejen, Mohammed (PhD)
    The Ethiopian government designed a constitution that have a democratic and human rights that guaranteed for the citizen after the fall of Derg regime . All peoples of Ethiopia have a protection as national and regional in both international convention and Domestic laws within the country. This study was designed to assess the factors affecting interregional Conflict Resolution in Oromia and Somali regions of Ethiopia. In order to address the research objective, this study employed both the descriptive and explanatory research design. Moreover, both qualitative and quantitative research approaches were employed since mixed methods helps to make use of different data source. Data were collected from primary and secondary sources through questionnaires, interviews, document review, FGD and observation. The researcher used both probability and non probability sampling techniques to draw the sample. In total, 50 high experts,15 elders,10 leaders 10 persons from different societies were selected randomly and 25 key informants were purposefully selected. Finally, the raw data collected through the survey were analyzed based on qualitative and quantitative data analysis techniques involving descriptive and SPSS analysis. From this analysis to bring sustainable peace within the two regions were the major problems within the stake holders. The study also found that differentiate the root cause and trigger or immediate cause of the two regions , unclear demarcation of territorial arrangement as a referendum and the miss use of legal binding actors are another problems. So, in order to accommodate the two regions people beneficial differentiations better to have solve demarcation of territorial boundaries problems and mediate genuinely and justice .
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    Assessment of Fiscal Capacity of Urban Local Government on Municipal Revenue in Oromia Regional State: The Case of Sebeta City.
    (Addis Ababa University, 2016-06) Alemu, Teshager; Tesfai, Ghebrehiwet (PhD)
    The 1995 constitution is the base for fiscal decentralization in the country, which provided for the division of power on expenditure and revenue-raising responsibilities of the central government and the regional state. Fiscal decentralization is one component of decentralization that gives authority to local governments to collect revenue through taxes and responsibility over spending decisions. As proclamation No. 65/2003 of the urban local government proclamation of Oromia regional state, municipalities of the region have powers and responsibilities over municipal revenue and expenditure. Even though fiscal decentralization has given revenue raising and spending decision powers to lower levels of government, the implementation process has often been a daunting task for many local authorities in the region. Although the region decentralized municipal revenue to its cities/towns on revenue raising and expenditure management are not efficiently and effectively exercised. Insufficient revenue collection and weak expenditure management leads to financial incapability such that public infrastructure and services could not be financed amply. Sebeta municipality faces the problem of financial capacity to deliver infrastructure and services to its citizens. While a number of studies have documented the financial incapacities of Ethiopian ULGs, they have been focused on state revenue which ULGs lack fiscal autonomy both on its revenue raising and expenditure but they did not gave much emphasis on municipal revenue. Municipals in the region have full autonomy over municipal revenue, even though there is little interference on the tariff setting, because the Regional Revenue Authority set the upper and the lower limit. Therefore, the main focus of this paper is to assess Fiscal capacity of ULG on municipal revenue: the efficiency and effectiveness of revenue collection and expenditure management of Sebeta Municipality. To obtain edifying data the paper used a positivist survey study. Municipality financial documentation and questionnaires were the main sources of secondary and primary data respectively. Descriptive statistical methods were applied in the analysis of data to arrive at measures of efficiency and effectiveness in revenue collection and expenditure management of the municipality. The study revealed that the municipality is not efficient and effective in its revenue collection and expenditure management. The main explanation for such inefficiency comprise; weak assessment of taxable sources, poor organizational structure, inadequate accounting system, absence of clear operational guidelines, poor planning and data base management, and lack of skilled manpower. To resolve such challenges, the paper recommend the following actionable measures; Establishing Tax payers data base systems, improving planning and implementing capacity, Expanding and exhaustively raising the revenue base of local revenue sources, Establishing appropriate guidelines and methods of revenue collection, strengthening valuation, enforcement and tariff setting effort, installing accounting system that produces timely and reliable information, encouraging community participation in planning and resource allocation and revising municipal organizational Structure.
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    Assessment of Intergovernmental Relation between the City of Diredawa and its Surrounding Local Administrations
    (AAU, 2017-05) Cheru, Girma; Wakjira, Ketema
    Studies on comparative federalism show that the increasing significance of IGR as the institutional and practical device to fit to contextual realities of the federal systems. When Cities expand, in need of more land for several purposes, they usually depend on their neighboring localities. Jurisdictional boundary disputes potentially occurred as cities appropriate a large portion of the neighboring territory as economic and functional hinterlands. The situation is even the worst in the cities like Dire Dawa which have other deriving factors like ethnic and socio-cultural diversities. The main objective of this study is to examine the nature of the existing IGR between Dire Dawa and its surrounding localities and its implication on the management of land specifically it identifies contextual factors shaping the relation between Dire Dawa and surrounding local administrations. It analyzes the impact of IGR between the City of Dire Dawa and surrounding local administration up on land management. The study uses a case study research design. It gathered data both from secondary and primary sources. For seeking primary data sources, it utilizes semi-structured interview, FGD, personal observation, and document review. The finding of the thesis shows that IGR played important role in handling land and boundary dispute between the City of Dire Dawa and Shinile Zone. The nature and form of IGR however, is not only informal but also weak and unsustainable. Hence, it is the contention of this thesis that the IGR between the City and surrounding locality needs robust guideline and sustainable institutional framework in order to handle mutual concerns.
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    An Assessment of the Realization of the Right to Preschool Education for Children with Visual and Hearing Impairment Inaddis Ababa Ethiopia
    (AAU, 2017-02-10) Fetene, Dehininet; Abate, Mizanie(Assistance Professor)
    The principal objective of this research is to assess the realization of preschool education for visual and hearing impairment children in Addis Ababa Ethiopia. This research used qualitative research methodology. This research substantially relays on primary data which was collected through interviews conducted with specialist of education and leaders of organizations for and of persons with disability, teachers and owners of preschool institutions. The views of key informants from the implementers of the laws and policies of the country in the educational sector is secured through interview. The right to education has got recognition in the international human right instruments. In these human right instruments compulsory education starts from grade one to eight. Thus the right to preschool education does not gate a clear recognition in almost all human right instruments which Ethiopia ratified. Besides to this the constitution and subsidiary laws of Ethiopia does not give a clear guaranty for preschool education. Thus as the research disclosed preschool education is not available, accessible, acceptable and adaptable for visual and hearing impairment children as their non-disabled peers. Thus the researcher argues preschool education must be realized for visual and hearing impairment children without any discrimination based on their disability. And the policy of inclusive education must accommodate the needs of the visual and hearing impairment children in the ground based on their individual needs.
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    Challenges and Prospects of Good Governance in Urban Land Management: The Case of Oromia Special Zone, Sululta Town
    (Addis Ababa University, 2019-06) Sime, Abebe; Dejen, Mohammed (PhD)
    The purpose of this thesis is assessing the challenges and prospects of good governance in urban land management: the case of Oromia special zone, Sululta town. Accordingly, descriptive survey design was used to conduct the study. Besides, using random sampling with 191 participants from local community households was included in the study. Hence, questionnaires were distributed for 191 respondents. Interview was also held with mayor, land administration officials, offices and investors. FGD was conducted with selected households in the selected kebeles. The quantitative data gathered through questionnaire was analyzed and interpreted using appropriate statistical tools like percentage and frequency. In addition, the data gathered through interview and FGD were analyzed qualitatively. The findings of data analysis indicated that, among the challenges related to good governance of land administration in Sululta town are; lack of performing as per to standard, lack of commitment of officers and officials’ in urban land management in Sululta town. It was also noted that, there was no or minimal local community involvement in land related decision while Sululta town land administration office decides on land issue, even if the decision strike the life of the community. There was also no frequent supervision trend of Sululta town municipal on Land Administration office to ensure good governance in urban land administration. Thus, accountability and transparency issues were not monitored by the municipal. Based on the findings and conclusions of the study, recommendations are forwarded for concerned bodies as; the municipal and land administration officials should commit in empowering work for officers. Additionally, the involvement of community in land administration and compensation process was also assessed as low. Thus, the land administration and the municipal should work on community empowerment for both land compensation and land related policy. Key Words: Urban land, good governance and prospect
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    The Challenges of Multiparty Democracy in Ethiopia with Particular Emphasis on Electoral Administration
    (Addis Ababa University, 2014-06) Awoke, Yohannes; Padmanabhan, V.K. (Professor)
    In democratic systems people participate in decision making directly by themselves or through their elected representatives. When they participate through their elected representatives, the way they elect their representatives matter. Representatives should be elected freely and fairly. In this regard the electoral administration plays a pivotal role in ensuring electoral integrity. The electoral administration is primarily guided by the constitutional and legal framework and the institutional arrangements of electoral management bodies. In Ethiopia the practice of democracy and multiparty elections is a recent experience. It has been started in 1991. Since then four general elections have been carried out in 1995, 2000, 2005, and 2010. The results of these general elections indicate that the ruling party has dominated overwhelming majority in both federal and regional parliaments. The elections have been usually tied with accusations and controversies, and sometimes to conflicts (as in the 2005 general election). The opposition political parties and some civil societies raise questions on the independence of the National Electoral Board of Ethiopia (NEBE) and its administration of elections. Therefore, this research study analyzes the challenges of multiparty democracy in Ethiopia with special emphasis on the electoral administration. It assesses the legal and institutional framework of the Ethiopian electoral system and how the NEBE managed previous elections. In general the research study has concluded that there are some loopholes in the legal framework that should be addressed with some changes in the constitutional and legal provisions. In electoral administration the NEBE had some drawbacks in managing some activities of the electoral process especially in post electoral activities. With this regard the Board has to improve its administration and maintain its independence. Key words: Multiparty democracy, electoral administration, electoral management bodies
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    Conditional Grant Allocation and its Implementation in the Ethiopia Federal System: A Comparative Study of Afar, Amhara, Oromia and Somali Regional National States
    (Addis Ababa University, 2014-05) Fulea Desisa, Duguma; Tesfai, Ghebrehiwet (Ph.D)
    Conditional grant allocation, distribution and utilization in Federal Democratic Republic of Ethiopia (FDRE) encountered various challenges which become obstacles to the intended objective (purpose) of the grant. This thesis is a comparative study that attempts to assess the mechanisms and/or formulas that are used for allocating; distributing and disbursing conditional grants through channel one and channel two federal transfers. Put differently, it devotes to examine the challenges faced and the impact of the distribution and disbursement of conditional grant on equity and budget autonomy of the Afar, Amhara, Oromia and Somali national regional states. The theoretical concepts of conditional grant, kinds, allocations and distributions were reviewed in line of this study problem. Methodologically, the study used both qualitative and quantitative eclectic approaches. The analysis part was supported by literature, legal and official documents by using instruments such as tables, percentages, averages and graphs. The findings of the study show that the allocation and distribution of conditional grant to the study areas was/is formula based but lacks fairness in its distribution while disbursement of conditional grants were made on performance (out-put) based. All regions examined did not receive the grant as scheduled due to their inefficient utilization of the budget and inefficient performance in meeting the objective of the project. The distribution of millennium Development Goal (MDG) uses the unconditional grant distribution formula which did not put in to consideration the unit cost of the projects among the regions examined. The General Education Quality Improvement Program (GEQIP) and Productive Safety Net program (PSNP) in per-capita distribution fevers to relatively developed regions as compared to emerging regions. The selection of eligible states of Urban Local Government Development Program (ULGDP) has tended to favor the relatively developed regions as compared to emerging regions under examined. The channel one conditional grants have resulted in less negative impact on regional budget autonomy and on equity but channel two conditional grants (loans and assistances part of the subsidy) highly affects regional budget autonomy and equity as it makes some regions losers and the others gainers. Finally, the thesis provides possible policy recommendations.
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    Contested Secularism in Ethiopia: The Contention between Muslims and the Government
    (Addis Ababa University, 2016-05) Dejen Assen, Mohammed
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    Criminal Law and Capital Punishment in Federal Ethiopia; The Case of Oromia and SNNPRS
    (Addis Ababa University, 2015-05) Gizaw, Yadeta; Taddele, Mehari (PhD)
    The thesis looks in to criminal laws and death penalty powers of the regional states in Ethiopia; the case of Oromia and SNNPR State. Principally, the FDRE Constitution has established ethnic based selfgoverning federal arrangement and incorporates division of Legislative, executive and judicial powers with dual Government structure. This federal arrangement has one major goal, providing the various ethno-national groups - 'Nations, Nationalities and Peoples' - of Ethiopia with the power to govern themselves through self rule and shared rule. Although the constitutional principles and the federal arrangement exemplify such features, the criminal laws power is centralize. Based on this, the main issue addressed in this paper is as whether the regional states are exercising criminal laws legislative, adjudicative and implementation power in general and death penalty in particular. To test this, the writer used descriptive and analytical qualitative technique. Primary data were collected from key informants through interview. Countries constitutions, legal documents and other relevant documents were also used as secondary data. The writer after making serious analysis has reached the Following findings: In the federal arrangement substantive criminal law legislative power is vested with both the federal and Regional States. The regional states power is limited only to matters not specifically covered by federal criminal code or laws. Criminal procedural law legislative power is reserved as residual power for the regional states, however the Federal legislative organ exhaustively define all criminal matters leaving almost no rooms for the regional states and take away the Regional states power and enacted centralized criminal code and laws. Following centralized federal criminal code, normatively speaking criminal laws adjudication and implementation power is also centralized. It is only the federal court and federal criminal law enforcing agencies establishment proclamations that sufficiently define their criminal jurisdiction while the regional states courts and criminal enforcing agencies have no sufficient laws which determine their criminal jurisdiction. However practically criminal laws adjudication and implementation is decentralized, as a result Oromia and SNNPR state courts assume residual criminal jurisdiction. With respect to death penalty implementation the issue is treated differently, although regional states are adjudicating capital crimes, the implementation of death penalty requires the blessing of the central government. It cannot be executed, pardoned or commuted unless the head of the state sign it. Based on the findings, the writer come up with the conclusion that for the real implementation of federalism in criminal justice system, the Federal criminal code should be amended and regional states should exercise their power to determine their own matters by themselves and as such determine state nature crimes and corresponding penalties to adjudicate and implement by themselves.
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    Critical Analysis of the Applicability of the Right to Development in the Ethiopian Context
    (Addis Ababa University, 2001) Getachew, Belay; Damtie, Mellese (PhD)
    The Right to Development, after a long time discourse is internationally recognized as a universal and inalienable right and integral part of fundamental human rights. It is also further elaborated in the context of all human rights both individual and collective providing priority to fight against absolute poverty integrating environment in a framework of sustainable development. Ethiopia has also guaranteed the principle of the RTD in the FDRE Constitution. States have the duty to formulate development polices for the realization of the RTD. In this respect, the FDRE Constitution incorporated economic, social and environmental objectives whereby laws and policies guided and implemented thereof. The Government consecutively, formulated national development policies in light of addressing sustainable development from the social, economic and environmental perspectives. Thus, in this research, it has been tried to examine the applicability of the RTD in the Ethiopian context. In order to critically analyze the implementation of the RTD and its constitutive rights such as the right to improved living standards and the right to sustainable development, different methods based on primary and secondary sources have been applied. To this end, the essence, legal status and major implementation constraints have been critically assessed. For this purpose, the constitutionally recognized right of public participation is thoroughly discussed in line with development processes. For the implementation of the RTD and its constitutive rights in Ethiopia, policy issues are outlined but the challenge is lack of specific directives or instruments and absence of effective evaluation and monitoring programs. All these problems are reflected in various sectors. More importantly, absence of effective public participation in different development activities is also identified. Therefore, if the government puts the social, economic and environmental development programs in integrated manner into practice, sustainable development can be ensured which, in turn, the principle of the RTD in Ethiopia will be progressively realized.
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    A Critical Assessment of Prisoners' Right in the Oromia National Regional State: The Case of Burayu Prison Administration
    (Addis Ababa University, 2014-05) Tefera, Rebuma; Gizaw, Girma (PhD)
    The paper strongly emphasizes on the critical assessment of prisoners ' rights in Oroll1ia National Regional State particularly the prisoners' rights of Burayu Prison Administration. Accordingly, the aim of this research is to assess the handling and the treatments of prisoners ' rights according to International Prisoners ' Rights that provided under the FDRE and ONRS Constitutions. Thus, in order to identify the problems concerning the protections of prisoners' right in the Burayu Prison Administration, deep interviews were conducted with prisoners and with top officials of different prison institutions both at Federal and Oromya Region. In doing so, the paper indentified the problems concerning the protection of prisoners ' rights to food and water, ji'ee medical services, the right to sanitations, the right to accommodation, the right to bedding and clothing, the right to contact with families, legal and religious counselors, the right to classification in terms of their sex, age, types of the crime committed and seriousness of the crime for which imprisoned. The study, additionally, examine the role of Federal Prison Commission for the protections of prisoners in the country. Hence, the research discovered that, there are poor handling and ill-treatments of prisoners in the Burayu Prison Administration. And also, both Burayu Prison Administration and the Oromia Prison Commission are not in a position to effectively work concerning the treatments of prisoners. Further, the existing proclamation and regulation regarding to the treatments of prisoners could not properly protect the rights of prisoners because both the proclamation and regulation not clearly provide the rights of prisoners as provided in other international Human ·Rights that directly related wirh protection of prisoners. Based on the jindings, the researcher proposed the amendments of the existing regulations for the protections o.f prisoners ' rights and the need of a counliy-wide minimum standards and rules that govern evelY prisons institution of the countlY. Key words: prisoners' rights, prison administration, prison institution, international human rights principle, Burayu Prison Administration, Oromia Prison Commission, Federal Prison Commission, minimum standard rules, prison treatments and handling of prisoners.
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    A Critical Assessment of Prisoners’ Right in the Oromia National Regional State: The Case of Burayu Prison Administration
    (Addis Ababa University, 2014-05) Tefera, Rebuma; Gizaw, Girma (PhD)
    The paper strongly emphasizes on the critical assessment of prisoners’ rights in Oromia National Regional State particularly the prisoners’ rights of Burayu Prison Administration. Accordingly, the aim of this research is to assess the handling and the treatments of prisoners’ rights according to International Prisoners’ Rights that provided under the FDRE and ONRS Constitutions. Thus, in order to identify the problems concerning the protections of prisoners’ right in the Burayu Prison Administration, deep interviews were conducted with prisoners and with top officials of different prison institutions both at Federal and Oromya Region. In doing so, the paper indentified the problems concerning the protection of prisoners’ rights to food and water, free medical services, the right to sanitations, the right to accommodation, the right to bedding and clothing, the right to contact with families, legal and religious counselors, the right to classification in terms of their sex, age, types of the crime committed and seriousness of the crime for which imprisoned. The study, additionally, examine the role of Federal Prison Commission for the protections of prisoners in the country. Hence, the research discovered that, there are poor handling and ill-treatments of prisoners in the Burayu Prison Administration. And also, both Burayu Prison Administration and the Oromia Prison Commission are not in a position to effectively work concerning the treatments of prisoners. Further, the existing proclamation and regulation regarding to the treatments of prisoners could not properly protect the rights of prisoners because both the proclamation and regulation not clearly provide the rights of prisoners as provided in other International Human Rights that directly related with protection of prisoners. Based on the findings, the researcher proposed the amendments of the existing regulations for the protections of prisoners’ rights and the need of a country-wide minimum standards and rules that govern every prisons institution of the country. Key words: prisoners’ rights, prison administration, prison institution, international human rights principle, Burayu Prison Administration, Oromia Prison Commission, Federal Prison Commission, minimum standard rules, prison treatments and handling of prisoners.
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    Decentralization and Municipal Service Delivery: The Case of Solid Waste Management in Debre Markos Town, Amhara National Regional State, Ethiopia
    (AAU, 2020-06) Minale, Nebiyou; Ayitenew, Zemelak (PhD)
    In recent decades, the world has been urbanizing rapidly. It is the consequences Municipal Solid Waste generation and its management challenges, especially; in developing countries including Ethiopia .The impact of inadequate Solid Waste Management Practices is significant on natural and human environment. This study was intended to assess the adequacy of decentralization in municipal solid waste managmnet service delivery with particular reference to Debre Markos town municipality.With specific objectives of identifining the main challenges of service delivery in solid waste management in Debre Markos town, to examaine whether there is institutional deficiency or practical gap in the solid waste managmnet and to sugest alternative options for managing solid waste managmnet in the town . In addressing the investigation questionair, interview, physical field observation, and review of published and unpublished documents were employed as an instrument of data collection. Descriptive research approach and both qualitative and quantitative research design were used to analyze the data. The findings of the study showed that, the existing system of municipal solid waste managmnet in Debre Markos town; waste collection, transportation and disposal activities are the responsibility of municipality.Door to door solid waste collection service by micro and small scale enterprises are not adequate both in terms of coverage and frequency and the secondary storage facilities are also not adequate both in terms of distribution/ coverage and in average distance. Currently only 30 percent of the total solid waste collected by the municipality.In general the status solid waste management service of the town is found to be poor in all aspects of efficient solid waste management such as status, spatial coverage, enforcement law and solid waste management facility. Poor institutional, financial arrangement and capacity and lack of involvement, collaboration and integration among the various stakeholders are found to be the major factors behind the poor performance of municipal solid waste managmnet service of the town.The municipality should give adequate emphasis for solid waste management in general which requires institutional capacity and budget allocation.
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    Developmental State Model within the Ethiopian Federation: Impacts on Multilevel Development Governance
    (Addis Ababa,University, 2021-11) Yemanebirhan, Ermias; Ayele, Zemelak (PhD; Associate Professor)
    Ethiopia’s experiment with the Developmental State Model within a context of a federal system has been the subject of debate among scholars and policymakers. This study examines whether and how the Developmental State Model has impacted the multilevel development governance system within the Ethiopian federation. It specifically aims to examine how the Developmental State Model has affected the democratic and federal aspects of development governance as provided under the 1995 Federal Constitution. Within this umbrella question, the study seeks to answer the following specific questions: (1) Are the Developmental State Model and a federal political system conceptually incompatible? (2) What are the major issues of (in)compatibility and questions between the Developmental State Model vis-à-vis Ethiopia’s federal system? (3) What are the manifestations of, if any, authoritarianism under the Ethiopian Developmental State Model and the implications thereof on a democratic multilevel development governance system within the Ethiopian federation? (4) How have the federal government’s development policies under the Ethiopian Developmental State Model impacted the vertical division of power between tiers of government, as outlined under the 1995 Constitution? The study employed a qualitative research methodology, where large scale commercial farming, industrial parks, and rural-urban integrated master plan were purposively selected as cases for the study representing the three core sectoral policy areas of the Ethiopian developmental state (i.e. agriculture, industry, and urban development). Likewise, participants were selected purposively and data were gathered using in-depth interviews and focus group discussions with key informants, and review of pertinent documents, including policies, plans, constitutions, proclamations, regulations, party documents. both at federal and regional state levels. The findings of the study is that although the Developmental State Model tends to favor centralized state structure and authoritarian governance system, these nevertheless are not the inherent features of the model, and the model in and of itself is not necessarily incompatible with a federal political system, as the experiences of countries like India and South Africa, which managed to build a democratic developmental state under a decentralized state structure, clearly demonstrate. However, regarding Ethiopia’s experience, the study shows that the fact that the country’s federal system is organized along ethnic lines along the prominence of hegemonic party politics practiced by the EPRDF poses a serious compatibility dilemma for harmonious co-existence of the Developmental State Model with the federal system in Ethiopia. Under the Ethiopian Developmental State Model, the EPRDF-led government sought to entrench developmentalism as a hegemonic ideology that governs the country’s political economy by introducing a variety of measures and legislations (press and media, electoral, civil society, and anti-terrorism laws). These measures have significantly contributed to a shrinking of the democratic space and political pluralism in the country by undermining a decentralized and democratic development governance, as reflected in the top-down, exclusionary and coercive development policies witnessed, for example, in the case of the Integrated Master Plan for Addis Ababa City and the surrounding areas of the Oromia Regional State. Some of the development policies such as policies on large-scale farming and industrial parks development projects also saw an encroachment of the prerogatives of regional states by the federal government, highlighting how the Ethiopian Developmental State Model has undermined the country’s federal system, which provides for a democratic, decentralized development governance system, as enshrined under the 1995 Federal Constitution. This has had far-reaching repercussions and a significant contribution to political developments witnessed recently in Ethiopia, particularly between 2015 and 2018, where perennial mass protests and political crises that have gripped the country, as well as other important political developments that have been unfolding ever since that would be quite instrumental in shaping the country’s political future.