College of Law and Governance Studies

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    The 2015 Paris Climate Agreement; Policy and Legislative Implications for Ethiopia
    (AAU, 2017-06) Taffese, Ruhama; Zeleke, Dereje (PhD)
    This paper assesses the policy and legislative implications of The Paris Agreement for Ethiopia.in examining this issue, it discusses the global as well as the national climate challenge posed currently and the international legal steps taken as a response to this challenge. Climate change has become an undisputed fact and it is threatening the globe, and this is why states have tried to come up with international law solutions for the past half a century. The most resent of these is the 2015 Paris climate agreement under the United Nations Framework Convention on Climate change. This paper explains the basic structure of and commitments under The Paris Agreement. The paper argues that there has been a big step taken by Ethiopia towards the implementation of its policy commitments under The Paris Agreement, although the practicability of these policy instruments is not yet proved positive. This paper also argues that there has been no binding legal instrument, in Ethiopia, with regards to climate change in general and The Paris Agreement in particular and therefore recommends the issuance of such laws before 2020.the paper also concludes that the existing environmental policy of Ethiopia seems to be neither exhaustive nor specific of climate change issues under The Paris Agreement and recommends that its revision under progress becomes considerate of this.
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    The 2018 Transition of Ethiopia towards Constitutionalism: Challenges and Opportunities
    (AAU, 2020-02) Dereje , Mihiret; Abera Degefa (PhD)
    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.
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    A Critical Analysis of the Enforcement Framework of consumer Protection in Ethiopia: Challenges and Prospects
    (Addis Ababa University, 2011-05) Tessema Elias; Harka Haroye
    Effectiveness of consumer protection in a market economy is highly determined by the quality of the enforcement framework of competition or/and consumer protection law and institutions entrusted to enforce it. Despite the efforts that Ethiopia has exerted to bring about effective consumer protection thereby making comprehensive amendments to the previous proclamation (Proc. no.329/2003) and by introducing the new proclamation (Proc no.685/2010) with new institutions, there are still some shortfalls in the enforcement design of the proclamation and institutions entrusted to enforce it which could be causes for the actual or potential problems to the consumers. Hence, the basic objective of the study is to assess and address the problems of the enforcement framework of the proclamation and practical limitations of the institutions. In conducting the study, general principle pertaining to effective enforcement framework for consumer protection and experiences of some purposively selected courtiers based on their successes and relevance to Ethiopia have been used. In addition, semi-structured depth interview, legislative analysis, case analysis, content analysis and observation have been used as data gathering instruments. And purposively selected individuals from the former commission, Ministry of Trade and Regional Trade Bureaus, Addis Ababa Chamber of Commerce and Sectoral Association, Ethiopia Chamber of Commerce and Sectoral Association, consumers and businesspersons have participated in the study. Accordingly, the study has found that failure to recognize the representation of stakeholders in the authority, accountability of the authority to the Ministry of Trade (MoT) coupled with powers given to the MoT and Prime Minister to select and appoint members of the authority which erode the independency of the authority, failure to give equivalent or parallel power to regional concerned bodies with the MoT to regulate prices of basic goods and services in the regions, failure to provide for qualification requirements for members of the authority and harsh penalties provided under the proclamation without providing for precise guidelines as to the application of more preservative, educative and less destructive strategy are some of the shortfalls of the enforcement framework of the proclamation which are capable of posing challenge to the institutions affecting effective enforcement of the proclamation. While lack of extensive pre-intervention study, failure to give priority to areas of greater consumer risks and failure to apply more of educative and preventive approaches and resorting to strong and destructive measures are among the major practical failures of the enforcing institutions which have actually resulted in present consumer crisis in Ethiopia. Finally the study has ended up with recommending possible solutions which may serve as inputs for stakeholders to re-design the enforcement framework for consumer protection in Ethiopia so as to bring about effective consumer protection regime to the country.
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    A Critical Assessment of the Application of Ethiopian VAT on E-Commerce
    (Addis Abebe University, 2018-02) Andualem Temesgen; Taddese Lencho (PhD))
    This study was intended to assess how the current VAT system of Ethiopia is applicable on e-commerce transactions. The study was guided by the following objectives; analyze the prospects and weaknesses of the existing VAT law in taxation of e-commerce, take lessons from foreign jurisdictions on how to apply VAT on e-commerce transactions, and find out the challenges experienced and possible challenges ahead in the implementation of Ethiopian VAT system on e-commerce transactions. In order to conduct the research, the study uses qualitative method with the belief that it provides the most appropriate way of investigating the research questions. The necessary data to the study were collected from both primary and secondary sources all the way through using a combination of multiple data gathering instruments including interviews, review of relevant literatures and legislative documents. The study findings revealed that that there are challenges experienced in the application of the VAT legislations on e-commerce transactions. This includes, the problems of the buyer’s identification, establishing his location/residence and its statues (business or consumer) in e-commerce transactions, the inadequacy of the VAT Proclamation to define PE for e-commerce purpose, the absence of guidelines on acceptable records where goods are delivered, invoices issued and payments made by electronic means. Add to these is lack of proper and adequate resources, and their usage within the Tax Authority to monitor e-commerce transactions. Using the above findings, it implied that theoretical soundness of the VAT laws would not in itself suffice for the implementation thereof. Given that electronic commercial activity has been evolving with the development of technology, its application should also be technology-based. Accordingly, a clear provision as to what constitute PE for e-commerce purposes should be established, a special scheme, which would require foreign vendors involved in suppling electronic services to Ethiopian consumer to register should be established. What is more, for the sake of effective administration and collection of VAT revenue from e-commerce transactions, the cooperation of the Tax Authority with various stakeholders is advised.
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    A Study on Reintegration of Returnee Child Migrants; The Case of Child Returnees in Hadiya zone, SNNPR
    (Adddis Ababa University, 2020-06) Nardos Girma; Meron Zeleke (Associate Professor)
    The study focuses on understanding the reintegration assistance provided for child returnee migrants in the Hadiya Zone and the practical application of normative frameworks in protecting the rights of returnee children. The study assesses the reintegration of returnee child migrants based on the four fundamental principles relating to children’s rights, survival, and development, non-discrimination, right to be heard and the best interests of the child. The study mainly employed qualitative research methodology and various data collection tools, including focus group discussions, key informant interviews, and field observations. Drawing on the empirical data collected from Hadiya Zone Misha Wereda and Lemo Wereda the study reveals the gaps in the legal system and practical challenges and prospects in the reintegration of the child returnees. Based on the analysis of the data and the gaps observed, this thesis recommends various measures to be undertaken, for stakeholder’s further engagement and future enhancements on the rights of the study group in the study area.
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    Accelerated Accession of Least Developed Countries to WTO under the 2002 and 2012 Guidelines
    (AAU, 2017-05) Tariku, Betelhem; Fikremarkos Merso (PhD)
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    Accelerated Accession of Least Developed Countries to wto Under The 2002 and 2012 Guidelines
    (Addis Ababa University, 2017-06) Betelhem Tariku; Fikremarkos Merso(PhD)
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    Access to Health Care Services for Persons With Physical and Sensory Disabilities in Ethiopia: the Case of Addis Ababa’s Yeka Sub-City.
    (Addis Ababa University, 2021-08) Tsega Woreta; Christophe Vander (PhD)
    Addis Ababa, the capital of Ethiopia, the seat of the AU and a variety of regional and international organizations is a city where persons with disabilities continue to face everyday challenges especially lack of access to primary health care services. This thesis intends to scrutinize the issue of accessibility right to health care services in Ethiopia with a special reference to Addis Ababa’s Yeka Sub-City. Yeka sub-city has been chosenas a research area purposively considering the landscape, data availability and its being forestry and mountainous with long outer boundary line with rural woredas all of which are not suitable for PWDs. Compared to other Sub-Cities,Yeka Sub-City consists of low status residents who are not able to help persons with disabilities to access required services.PWDs, health professionals and some persons in the society have been selected applying purposive sampling to give the required data and information. PWDs consist of physical, visual, hearing and speech impairments. Health professionals consist of doctors, health officers, nurses and health assistants. Persons in the society include directors, officers and association leaders. A total of 60 participants of which, 34 male and 26 female has participated in the interviews and two focus group discussions. In the course of the research, international and regional human rights instruments, together with national legal frameworks, policies and strategies, which are relevant to the research issues as well as practical situations and implementations in health care centers have been observed and studied deeply. The research has also employed review of literatures, interview discussions, focus group discussionsand observations as data collection tools.In the research, it is realized and understood that the problem of accessibility to health care services to PWDs is more prevailing in Ethiopiadue to the negative impacts of barriers.Lack of monitoring mechanisms, ineffective enforcement mechanisms and failure to institutionalize disability issues aboutPWDs’ benefits and human rightscauses violations of their rights. The researcher analyzed the thesis using qualitative method and descriptive analysis and structured it organizing the required data and information.Additionally, the problem of accessibility to health care services for PWDs is attributed to the low level of information transmission in the community and lack of disaggregated legal frameworks, policies and strategies in accordance with each disability types. The health care service provision problem for PWDs is very high and complex in Addis Ababa and it is possible to imagine how it is even worse in rural areas of the country. Therefore, the country particularly the city administration, needs determined action to develop horizontal accessibility laws (laws which govern non-state or private actors on human rights), disaggregating disability types and develop convenient legal frameworks; design policies, strategies and guidelines; train and educate health professionals about human rights of PWDs, and create awareness integrating community based organizations. All these should be backed by adequate budget and effective monitoring and evaluation mechanisms to realize the access to health care services for persons with disabilities as perthe standards of international and regional human rights instruments, and national legal frameworks.
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    Access to Health Care Services for Persons with Physical and Sensory Disabilities in Ethiopia: The Case of Addis Ababa’s Yeka Sub-City
    (AAU, 2021-08) Woreta, Tsega; Vander, Christophe
    Addis Ababa, the capital of Ethiopia, the seat of the AU and a variety of regional and international organizations is a city where persons with disabilities continue to face everyday challenges especially lack of access to primary health care services. This thesis intends to scrutinize the issue of accessibility right to health care services in Ethiopia with a special reference to Addis Ababa’s Yeka Sub-City. Yeka sub-city has been chosenas a research area purposively considering the landscape, data availability and its being forestry and mountainous with long outer boundary line with rural woredas all of which are not suitable for PWDs. Compared to other Sub-Cities,Yeka Sub-City consists of low status residents who are not able to help persons with disabilities to access required services.PWDs, health professionals and some persons in the society have been selected applying purposive sampling to give the required data and information. PWDs consist of physical, visual, hearing and speech impairments. Health professionals consist of doctors, health officers, nurses and health assistants. Persons in the society include directors, officers and association leaders. A total of 60 participants of which, 34 male and 26 female has participated in the interviews and two focus group discussions. In the course of the research, international and regional human rights instruments, together with national legal frameworks, policies and strategies, which are relevant to the research issues as well as practical situations and implementations in health care centers have been observed and studied deeply. The research has also employed review of literatures, interview discussions, focus group discussionsand observations as data collection tools.In the research, it is realized and understood that the problem of accessibility to health care services to PWDs is more prevailing in Ethiopiadue to the negative impacts of barriers.Lack of monitoring mechanisms, ineffective enforcement mechanisms and failure to institutionalize disability issues aboutPWDs’ benefits and human rightscauses violations of their rights. The researcher analyzed the thesis using qualitative method and descriptive analysis and structured it organizing the required data and information.Additionally, the problem of accessibility to health care services for PWDs is attributed to the low level of information transmission in the community and lack of disaggregated legal frameworks, policies and strategies in accordance with each disability types. The health care service provision problem for PWDs is very high and complex in Addis Ababa and it is possible to imagine how it is even worse in rural areas of the country. Therefore, the country particularly the city administration, needs determined action to develop horizontal accessibility laws (laws which govern non-state or private actors on human rights), disaggregating disability types and develop convenient legal frameworks; design policies, strategies and guidelines; train and educate health professionals about human rights of PWDs, and create awareness integrating community based organizations. All these should be backed by adequate budget and effective monitoring and evaluation mechanisms to realize the access to health care services for persons with disabilities as perthe standards of international and regional human rights instruments, and national legal frameworks.
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    “Access to Justice for Persons With Disabilities in Ethiopia: the Implementation of the un Convention on the Rights of Persons With Disabilities”
    (Addis Ababa Unversity, 2023-07) Feven G/Tsadkan; Wondemagegn Tadesse (Ph.D)
    The Convention on the Rights of Persons with Disabilities (CRPD) is one of specific promising international human right treaty to protect the rights and dignity of persons with disabilities. Despite that Ethiopia is a signatory country and ratified by the parliament, there are visible challenges in respect of achieving the goal of the treaty. The research therefore, stresses on assessment of access to justice for persons with disabilities in Ethiopia; in light with the UN convention on the rights of persons with disabilities. To accomplish the study, the researcher adopts doctrinal research method, consequently; books, journal article, comments, dead files (cases) reports and other documents have been extensively consulted. The research finding reveals that, implementation of PWD's right to access justice is not realized enough when we evaluate the practice with the standards of the united nation convention on the right of persons with disabilities. They experience serious problems in accessibility of the buildings of hosting courts,; lack of accessible information, delay of proceeding, gaps in free legal aid ,lack of legal awareness for justice organs on PWD right to accommodate them , financial problem. The attention paid in general is very low. Therefore, in cooperation with other shareholders the state must properly fulfill its duties to ensure that PWDs have the right to access justice. In addition justice organs mainly have to implement domestic laws in harmonization with the ratified and signed united nation convention on the right of persons with disabilities.
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    Access to Justice in Ethiopia: Language Barrier in Criminal Proceedings at the Federal Level
    (Addis Ababa University, 2016-06) Legesse, Yemserach; Kedir, Abduletif
    Ethiopia is a multilingual country with federal form of state structure. The 1995 FDRE Constitution gave equal recognition for all Ethiopian languages but chose Amharic to become the working language of the Federal Government. In order to accommodate the needs of non-Amharic speakers in the provision of public services, the Constitution as well as other laws require the use of interpreters in criminal proceedings at the federal level. These legislations state that non-Amharic speakers should be assisted with “qualified” interpreter so as to meaningfully participate in their criminal cases. The objective of this research is to explore government strategies towards language barrier in criminal proceedings, before and during trial, and assess major challenges that non-Amharic speakers encounter at the federal level. The finding of this research revealed that non-Amharic speakers are not being effectively served up to the legal standards. In fact, they are encountering multifaceted challenges that endanger their fundamental human rights. This is mainly due to the absence or limited number of interpreters as well as the use of unprofessional interpreters in criminal proceedings at the federal level.
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    Access to Justice in Ethiopia: Language Barrier in Criminal Proceedings at the Federal Level
    (Addis Ababa University, 2016-06) Yemserach Legesse; Abduletif Kedir
    Ethiopia is a multilingual country with federal form of state structure. The 1995 FDRE Constitution gave equal recognition for all Ethiopian languages but chose Amharic to become the working language of the Federal Government. In order to accommodate the needs of non-Amharic speakers in the provision of public services, the Constitution as well as other laws require the use of interpreters in criminal proceedings at the federal level. These legislations state that non-Amharic speakers should be assisted with “qualified” interpreter so as to meaningfully participate in their criminal cases. The objective of this research is to explore government strategies towards language barrier in criminal proceedings, before and during trial, and assess major challenges that non-Amharic speakers encounter at the federal level. The finding of this research revealed that non-Amharic speakers are not being effectively served up to the legal standards. In fact, they are encountering multifaceted challenges that endanger their fundamental human rights. This is mainly due to the absence or limited number of interpreters as well as the use of unprofessional interpreters in criminal proceedings at the federal level.
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    Access to Legal Aid for Women in Ethiopia: The Case of Hawassa University Legal Aid Center and Ethiopian Women Lawyers Association
    (AAU, 2012) Zenebe, Yodit; Hailu, Emezat(phD)
    Due to their vulnerability women face various problems and experience discrimination, domestic violence, sexual assault and harassment. In Ethiopia although women experience violence they are not in a position to access justice due to poverty, sociocultural factors and discrimination. Therefore, to curb this problem legal aid programs are essential in making indigent women enjoy their right to equality before the law. The main purpose of this study is therefore to examine the role of legal aid in promoting the rights of women, identify the major factors/challenges that hinder women from accessing legal aid taking Hawassa university legal aid center and Ethiopian Women Lawyers Association as case studies. Methodologically, the study is based on a qualitative approach. It relies on analyzing both primary and secondary data sources. The primary data sources are gathered using semi- structured interview questions, with focus group discussion and personal observations. The study has employed purposive sampling procedure for contacting the interviewees. The secondary data sources are gathered predominantly from literature out puts, journals and other publications. The finding of the study shows that legal aid service is inaccessible for the majority indigent women. Lack of awareness about the availability of legal aid, economic problems , culture and family pressures, lack of legal rights awareness, language in which service is provided and women’s perception towards legal aid are among the barriers that deny women access to legal aid. Regardless of the above facts legal aid has great role in promoting the rights of women, women who are victims of violence are able to claim for compensation, secure their property and inheritance rights and further make them aware of their legal rights. The study recommends that it is important to have Awareness raising campaign about the availability and importance of legal aid service and disseminate legal rights education to increase women awareness about their rights and obligations under the law. Legal aid service providers shall also make legal aid centers physically accessible to the majority in need. This study also reveals the importance of having professionally competent service providers and the diversified use of non lawyers in order to reduce the shortage of man power.
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    Access to Safe Abortion as a Reproductive Health Right in Ethiopia: Normative and Practical Challenges
    (AAU, 2023-07) Tarikua Getachew; Wondemagegn Tadesse (PhD)
    Abortion is the artificially induced termination of a pregnancy for the purpose of destroying an embryo or fetus. There has been a long-standing debate on the issue of abortion, starting from earlier periods of time, as to its liberalization or criminalization. The situation in Ethiopia is no exception in this regard. This study looks at the extent to which protection for the right to safe abortion is provided under international human rights law. It also examines the protections available for the right to safe abortion in Ethiopia’s law. In principle, abortion is a crime under Ethiopian law. It is only on the exceptionally stipulated grounds of the law that legal abortion can be procured. One such exception to the law is pregnancy because of the criminal acts of rape and incest. To procure a legal abortion on the basis of this particular ground, the mere statement by the woman that she is a victim of rape or incest is adequate. Thus, this research aims at examining the legal frameworks related to the right to safe abortion in Ethiopia and pointing out some normative and practical challenges. Hence, the research employed qualitative research methodology, including a literature review, examination, and analysis of relevant international and regional instruments as well as domestic laws and academic articles relevant to the study. In-depth interviews and unstructured and semi-structured questions were also employed by the experts. The writer argues that both international human rights law and Ethiopian law provide some level of protection for the right to safe abortion as a women’s reproductive health right, even though normative and practical challenges are hindering exercising the right. There is also a duty on the part of the government of Ethiopia to enforce such protections available for women's reproductive health rights. The concerned authorities in Ethiopia have to take measures that will ensure compliance of the practice of abortion with the law and provide better protection for women’s reproductive health rights by revising the restricted abortion law.
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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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    Accommodating Exogenous Communities at Local Level: the Case of Gura-Ferda Woreda of SNNPRS and Pawe Woreda of BGNRS
    (Addis Ababa University, 2017-06) Melese Chekol Tuafie; Zemelak Ayitenew Ayele (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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    Accommodating exogenous communities at local level: the case of Gura-ferda woreda of SNNPRS and Pawe woredas of BGNRS
    (Addis ababa university, 2017-05) Melese Chekol; Zemelak Ayitenew (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
    (Addis Ababa University, 2018-04) Sisay Kinfe; Emezat Hailu (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. The findings of the research indicate that local government institutions, particularly local councils, refrain from dealing with transformation of customary laws. Community-based CSO in collaboration with their communities‟ customary local institutions are the main actors in the transformation/ (re)making of customary laws. Women member of ethno-cultural community hardly participated in the process of transformation of customary laws. In the transformed customary law documents discriminatory and harmful practices against women are not exhaustively prohibited, and in some instances, selectively prohibited, which indicates limited sensitivity of male-dominated institutions to wards rights of women. In addition, customary local institutions do not respect limits set on collective autonomy in transforming customary laws as well as applying these laws in the family arena. This goes to the extent of denying right of exit from customary institution while entering to marriage and during divorce, which is partly, supported by detailed law on right of exit in the Family Code of SNNPR and some local government institutions. Absence of clearly known state law regarding division of matrimonial property in bi/polygamous marriage also makes women to relinquish their rights of exit. Though entering into bi/polygamous marriage has been made criminal act, formal courts at local level are not sentencing perpetrators in this case based on the Criminal Code of the state due to the need/significance of protecting the best interest of the child or children, and coincidence of ethnicity and religion among some ethno-cultural community
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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.