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Item The Human Rights Protection and Major Challenges of Internally Displaced Persons: The Case of Resettlement Sites in Dawuro Zone(Addis Ababa Unversity, 2016-06) Tizazu Bayou; Meron Zeleke (PhD)Ethiopia implemented various resettlement programs in different regimes. Part of the different objectives include promoting rational land use; conserving resources; providing access to clean water and to health and education services; strengthening security, and more . This study is aimed to understand the human rights protection of settlers in resettlement sites at Essera woreda of Dawuro zone, southwestern Ethiopia.. The study is a qualitative study which used different data collection methods such as in-depth interview, FGD and personal observation. The study found out the multifaceted violations of rights of settlers ranging from their right to education, the constitutionally guaranteed rights of individuals to promote their culture, to use their language, to preserve and promote their history and identity to their right to employment and the basic political rights. The resettlement sites face huge problems of sanitation, feeble infrastructure and basic facilities such as electricity and water. There is problem of good governance and a tense / antagonistic relationship between hosts and re-settlers that put the sustainability of the program under question. Lack of any responsible body promoting and/or protecting the rights and interests of settlers make the problems more critical. Even though the resettlement scheme in the study area is applauded for enhancing food security and attending to the basic food demand of the settler communities, the settler communities face multifaceted challenges and various violations of rights.Item Assessment of the situation of children’s rights in child care institutions: A case of institutions in Addis Ababa, Ethiopia(Addis Ababa University, 2024-06) Ruth Derese; Kassahun Tilahun (PhD)Child care institution has both positive and negative effects on children. Children living in child care institutions have basic rights that need to be fulfilled, protected and respected. The purpose of this study was to assess children rights in child care institution in Addis Ababa, Ethiopia. Qualitative approach was followed to gather essential information. Specifically, data were collected using IDIs, KIIs, FGD and observation methods. A total of 54 respondents have participated in this study. Data gathered with tape recorded, transcribed and coded manually within the themes of the data. The finding shows that children’s basic needs were fulfilled and social services were provided well in all the institution. However, some institution were short of fulfilling children’s right to fully enjoy their psychosocial needs. It was also shown that as compared to caregivers, children had a high level of understanding about their rights. Therefore, the study suggest that the institutions should provide trainings for children and care givers about children right and all institutions should improve to fulfill the psychosocial needs of children.Item Challenges and Prospects of Ethiopia’s Pledges Under the Comprehensive Refugee Response Framework(Addis Ababa University, 2025-02) Birtukan Alemu; Wondemagegn Tadesse(Assistant Profassor)Ethiopia's commitment to supporting refugees and host communities is demonstrated by its 2016 pledges under the Comprehensive Refugee Response Framework and subsequent pledges made in 2019 and 2023. The pledges made in 2016 was followed by legal reforms, including the 2019 Refugee Proclamation, which enshrined essential rights such as freedom of movement, access to work, education, and healthcare and other important rights. Despite these advancements, the implementation of the pledges faces significant challenges, including economic challenges, policy inconsistencies, and social tensions among refugees and local populations. This research assesses the legal and institutional frameworks governing these pledges, highlighting both opportunities for sustainable development and integration, as well as challenges that impede progress. Lastly, recommendations are provided to improve the implementation of the pledges made under the Comprehensive Refugee Response Framework and subsequent pledges. Enhancing economic opportunities and access both for refugees and local communities, strengthening coordination mechanisms between national and subnational actors and other stakeholders, strengthening the normative and institutional frameworks for refugee protection, creating trust among the refugees and local communities and taking other supportive measures are some of the recommendations made by this paper. Ultimately, fostering self-reliance among refugees and enhancing their contributions to the local economy are crucial for achieving long-term stability and resilience in Ethiopia.Item The Role of the Police in Protecting Human Rights against Technology-Oriented Crimes: the Case of Lideta Sub-City(Addis Ababa Unversity, 2024-09) Bilisa Tamrat; Comdr.Demelash (Associate Professor)The rise in technological crimes like online fraud, cyberbullying, hacking, and spreading false information has posed major obstacles for Human right. This research, centered on Lideta Sub-City in Ethiopia, examines the role of the police in safeguarding human rights from breaches. The study utilized a qualitative approach, conducting in-depth interviews with 22 police officers and 15 technology-related crime victims. Thematic analysis was used to evaluate the typical offenses, their effect on human rights, and the difficulties encountered by law enforcement. Furthermore, police reports and crime records were examined as additional sources of data to support the results. The findings indicate that prevalent technology-related offenses in Lideta Sub-City consist of hacking, cyberbullying, financial fraud, and deliberately spreading fake news. Police officers recognized the increasing difficulty of these crimes due to outdated technology and inadequate cybercrime legislation. Around three-quarters of the police officers who were interviewed were team leaders, with 73% being male and having an average age of 35.6 years. Informant mentioned that the lack of proper training and resources was impeding their capability to investigate and prevent such crimes efficiently. Those who were harmed voiced worries about breaches of their privacy, freedom to speak, and safety, with certain individuals experiencing monetary damages from internet scams. This research emphasizes the pressing importance of enhancing technological capabilities, making legal reforms, and providing specialized training to empower law enforcement in protecting human rights. Additionally, it suggests utilizing a multi-stakeholder strategy that includes community education initiatives, partnering with tech professionals, and creating proactive plans to combat the increasing risk of technology-based crimes in Ethiopia. The results highlight the necessity of granting authority to law enforcement to adequately address these crimes, thus safeguarding citizens' rights in the digital era.Item Minimum age for criminal responsibility in Ethiopia and the rights of a child: A comparative Study(Addis Ababa University, 2024-08) Mahlet Beyene; Wondemagegn Tadesse (PhD)Different approaches have been followed by different legal systems concerning the minimum age of criminal responsibility (MACR). The minimum age of criminal capacity in Ethiopia used to be nine years of age, one of the lowest in the world. The main objective of this research is to explore Ethiopian laws on the minimum age for criminal responsibility of a child vis-à-vis the international rules that govern the juvenile justice administration and compare them with other countries. The study was doctrinal research method with a comparative qualitative analytical approach for the reason that it will endeavor to assess Ethiopia’s MACR with other countries with better jurisprudence on the rights of a child, like; Uganda from common law legal system; Iceland and Sweden from civil law legal system; and Djibouti, and South Sudan from sub Saharan and the horn of East Africa countries. The finding shows that Even though the CRC committee has voiced its worry over the rise of MACR, Ethiopia has yet not take steps toward it, as stated in the general comment. The conclusion is that in Ethiopia, the current provisions fall short of international standards in a number of ways, and that child’s rights are at risk in the current system. Uganda, Djibouti, Iceland, Sweden and south Sudan were fixed much higher minimum ages 12-15 years as of criminal capacity. Thus, Ethiopia must review its laws pertaining to children and bring them in accordance with international law principles. Specifically, the researcher recommend that like Uganda, Ethiopia should make an Amendment to the Criminal Code art 52 and an increase in the MACR from 9 to 12 years old which is least MACR in aforementioned countries.Item Freedom of Expression and Social Movements in the Digital Era: A Case Study of the 2015 Oromo Protest in Ethiopia(Addis Ababa University,, 2022) Elsabet Samuel; Meron Zeleke ( Associate Professor )Item The Right to Privacy in the Age of Surveillance: Personal Data Protection in Ethiopia(Addis Ababa University, 2024) Samuel Worku; Mesfin Beyene (Assistant Professor)This thesis examines the evolving legal landscape governing personal data protection in the age of growing surveillance in Ethiopia. It identifies that due to the lack of sufficient procedural privacy safeguards, abuse of laws to achieve political purposes, and the existence of poor oversight mechanisms that fail to regulate the extensive surveillance powers granted to police and security service agencies, human rights including, the privacy rights of citizens are impacted. However, the personal data protection farmwork introduced by the new Personal Data Protection Proclamation addresses some of these gaps. Despite the new law, however, significant gaps including lack of independent regulatory farmwork remain. The study offers recommendations to enhance the personal data protection framework including, advocating for rigorous implementation of the Personal Data Protection Proclamation, establishment of independent oversight mechanisms, and establishment of regular reporting mechanism on surveillance activities to ensure the use of surveillance powers in transparent, accountable, and proportionate manner.Item The Protection of Ethnic Conflict-Induced IDPs in Ethiopia: A Case Study of Guraferda Woreda in Bench-Maji Zone(Addis Ababa university, 2017-04) Rabel Desalegn; Mizanie Abate(PhD)from natural disasters Ethnic or Inter communal conflict, generalized violence and human rights violations have been identified as the major man-made causes of internal displacement in Ethiopia. Examining, on the basis of international standards, the adequacy of national laws, policies and strategies to properly respond to the plight of IDPs in general and ethnic conflictinduced IDPs in particular is the central subject of this study. To strength the facts a case study of Guraferda forced eviction and displacement is included. The justifications behind the forced evictions and the manner of displacement were assessed on the basis of international law. To this end both primary and secondary sources were employed. Semi-structured interview which detailed on legal standards was utilized to interview both government officials and some of the victims to get a significant primary data. Primarily thematic data analysis and in few occasions explanatory method was employed in data analysis. The study found out that the justifications for the forced evictions of the peasants from Guraferda woreda; holding land and building house without permit, committing deforestation and injuring the ecosystem are not in conformity with international law which specifically outlawed displacements that are not justified by the safety and wellbeing of the displaced or outweighing public interest. Even though the grounds alleged by the authorities could be said reasonable, the manner of the eviction significantly violated several human rights including the right to movement, the right to liberty, the right to life and physical integrity while at the same time it disregarded minimum due process guarantees such as voluntariness, prior information, and proper time to prepare themselves. IDPs in general and ethnic conflict-induced IDPs in particular are not protected in special law, policy, and strategy and or action plan in the country and the existing general policy and action plan do not accommodate the special needs of IDPs. Particularly ethnic conflict-induced IDPs, in addition to the lack of human rights respect and humanitarian assistance, have no guarantee for durable solutions as these sustainable solutions are at the discretionary palm of the concerned local or regional government.Item Compensating Victims of Torture in Ethiopia: The Case of Bodily Injury in Anti-Terrorism Prosecution(Addis Ababa University, 2019-12) Seblewongel Tamiru; Mizanie Abate(Associate Professor)Freedom from torture is an absolute right and is guaranteed under the FDRE constitution as well as international human rights instruments ratified by Ethiopia. Despite its absolute nature, it is one among the rights repeatedly violated throughout the country and the coming of the anti-terrorism law of Ethiopia increases the magnitude. One of the impacts of torture is it can bring bodily injury to victims. And such an injury can mess up their life. This makes it necessary to have an avenue for a legal remedy. Despite the extent of the problem, the practice of compensation claims in our country doesn’t offer much prospect. Based on the collected data, the study finds out that there is a lack of practical applicability of this right in our court as a result of different challenges starting from lack of financial capacity of victims up to the weakness of the judiciary.Item Legal and Practical Responses to the Rights of Ethno-National Minorities in Federal Ethiopia: Case Study of Amhara and Oromia National Regional States(Addis Ababa University, 2018-03) Sisay Mengistie; Assefa Fiseha (Associate Professor)Beginning from the agreement of Westfalia to the Second World War,there was an international attempt to address the claims of minorities. Unfortunately, the end of the Second World War, which had heralded a new era for individual human rights, did not sustain the continuation of addressing minorities’ problems. On top of that the postWorld War I political order of the international community,the recognition and protection of minority rights remained only in asserting the right to equality and prohibition of discrimination. As a result, the present international human rights instruments are not as such inclusive of minority rights. Ethiopia, as an independent state and part of the world community, its successive regimes were not ready to recognize and protect the rights of ethno national minority groups until 1991. However, following the adoption of federal constitutional framework of the country that recognizes and legally guarantees the rights and freedoms of all ethno national groups of the country, almost all regional states of federal Ethiopia have adopted their own regional state constitutions by recognizing the existence and protection of the rights of minorities settled in their respective administrative territories. Ethiopian federal constitution formed regional states mainly along ethno-linguistic basis. The idea is to allow each ethno national group to exercise the right to self-government. However, not all ethno national groups have their own separate regional states. Hence regional states are supposed to provide constitutional space to create institutional arrangements for managing intra-regional ethnic diversity. But, the regional state constitutions and practical implementations of their respective governments in this regard do not comply with the basic principles of FDRE constitution and properly address the rights of existence, equitable representation and self-government of ethno national minorities settled in their region. Considering this reality, the writer of this dissertation frames a research question as follows: how do the legal frameworks of both federal and regional state governments address the rights of ethno national minorities and how have the national regional states under consideration implemented them?To answer the main research question of this dissertation a qualitative approach of data analysis was employed in consolidating and analyzing this dissertation. As a result, various laws (international, continental, national and regional) and other related documents are utilized as important data sources in addition to the semi-structured interview. Based on their political and social knowledge of the issue at hand,the respondents of the interview,were selected by the researcherusing purposive sampling method. Therefore, the study generally attempted to address three interrelated issues on the rights of ethno national minorities such as the right to existence, equitable representation and self-government. It not only investigates the constitutional basis of the aforementioned fundamental rights and freedoms of ethno national minorities but also the perception of the regional state government officials and ethno national minorities covered in the study. The findings from the two case study national regional states of federal Ethiopia revealed that the current political system of Ethiopia -both in terms of its federal design and the operating politico-legal practices have largely failed to respond to the strong demands of ethno national minorities. The federal design of granting autonomy to ethno national groups of the country has fallen short of giving territorial autonomy to all nations, nationalities and peoples of Ethiopia- even to those regarded as indigenous ethnic groups to their respective regional states. Apart from the granting of territorial autonomy, it has also, to a certain extent by design, excluded non-indigenous ethnic groups from effective and equitable representation in the respective regional state legislative councils. Even in circumstances where they have been given restricted representation rights, their decision making powers remain ineffective. Hence this dissertation argues that despite the promises made by the federal government to empower all ethno national groups they continue to face consequences of lack of equitable representation and the right to self-government even in the territory they are considered indigenous. The Ethiopian federal system in this regard has not kept its promise. Because as clearly witnessed in the national regional state of Oromia, only the Oromo nation is political recognized and legally allowed to control territorial autonomy of the region. As a result, even the indigenous people of Zay in Oromia region and Kemant community of Amhara region are not politically recognized and represented in the regional councils of the same national regional states respectively. Although it has certain accommodative legal and political system, the Amhara region too restricts the rights of self-government of ethno national minorities. In circumstances where the historic ethno national minorities have participation at regional council, the majoritarian decision-making process of the region makes them unable to counter any determination even sometimes that goes against their interest. The Kemant case is a living experience in this regard. Therefore, unless the various demands of such ethno national minorities living in those regional states are properly addressed through political and legal mechanisms that accommodate the interest of ethno national minorities, the existing discontent may distablize the federal system.Item The Ethiopian Human Rights Commission’s Power of Investigation of Human Rights Violations and Its Application during State of Emergencies(Addis Ababa University, 2019-12) Soreti Berhanu; Mizanie Abate (Associate Professor)This study assessed the legal and practical challenges the Ethiopian Human Rights Commission has faced in the application of the agreeable exercise of its mandate of investigation of human rights violation during state of emergency. By employing a qualitative approach that used both primary and secondary data, the research examined the international and national legal frameworks pertaining to the EHRC power of investigation of human rights violations during SOE emergency; EHRC‟s achievement, and challenges in the investigation of human right violations during the last SOEs. The study‟s key finding is that, although EHRC has the mandate to investigate human rights violations, it was not able to exercise its mandate on any of the appalling human rights violations committed during the last SOEs and has not performed at expected standard. Nonetheless, the study also found that lack of independence was the central problem for EHRC.Item Police Reform and Human Rights Protection in Ethiopia: The Case of Federal Police Crime Investigation Bureau(Addis Ababa University, 2020-06) Wario Elemo; Demelash Shiferraw (PhD)As the measures of reform made by FDRE government beginning from 2015 to 2018 reform in reforming all government institutions, the aim of this thesis is to explore the available progresses in police organizations in human rights protection in Ethiopia during criminal investigation process by focusing on Federal Crime Investigation Bureau. The prevalence of human rights violations during criminal investigation process which government admitted following 2018 reform are taken as major problems of this study. By using qualitative research method; non probability (purposive) sampling technique; and semi-structured in-depth interview; observation and document analysis as instruments of data collection, the researcher investigates whether police reform has improved the human rights situation in the post reform period. Accordingly, the findings of this study indicate that, though there are improvements in human rights protections during criminal investigation process in terms of decrease in the incidence of physical torture; allowing police organizations to human rights visitors; researchers, and closing some police stations where citizen’s human rights were subjected for violations such as Meakwlawi and Jail Ogaden, violations of human rights are continuing during Criminal investigation process such as denying right of speedy trial; lack of equality before the law; and compelling suspects to produce illegal confessions such as putting them at dark places. Finally, based on these findings, the thesis recommends that: government should re-evaluate police compliance in the process of sustaining police reform; Police Organization should give more focus to Human Rights promotion in allocating smooth environments such as Human Rights related complaints receiving mechanism and mainstreaming Human Rights to its all departments in relation to Federal Crime Investigation Bureau; government should play its significant roles to liable police members who have been violating Human Rights in the case of Federal Crime Investigation Bureau; priority should be given by government to human rights protection by providing the necessary logistics to police such as offices and custodies as soon as possible to speed investigation process; and Police organizations should provide quality trainings to investigators police to enhance their capacity of making quality investigations in relation to Federal Crime Investigation Bureau.Item The Right to Reparation for Survivors of Torture During the Conflict in Tigray(Addis Ababa University, 2024-05) Feven Haile; Takele Soboka(PhD)The Tigray conflict in Ethiopia has resulted in widespread human rights violations, including torture and ill-treatment. This thesis examines the legal framework for reparation in Ethiopia and the challenges faced in its implementation, with a specific focus on survivors of torture in the Tigray conflict. The study explores domestic and international legal provisions pertaining to reparation, analyzes practical obstacles encountered by survivors in seeking redress, and identifies potential avenues for obtaining effective remedies. The research addresses critical issues in the ongoing Tigray conflict, such as accountability, humanitarian access, and healthcare deficiencies. Survivors face challenges accessing justice, particularly due to the involvement of Eritrean forces, insecurity, limited trust in domestic institutions, gaps in the implementation of the Pretoria agreement and the absence of a state compensation fund. The study examines the delayed investigations, survivors' calls for justice, and the impact of conflict-related torture on physical and psychosocial well-being. The paper concludes by proposing recommendations for safeguarding survivors' rights to reparation, including full and effective rehabilitation, and emphasizes the importance of addressing the unique needs of survivors in the Tigray conflict. By shedding light on the challenges faced by survivors of torture in Tigray and advocating for their rights to reparation, this thesis contributes to the discourse on human rights, transitional justice, and conflict resolution. The findings of this study provide valuable insights for policymakers,Item Rights Protection of Conflict-Induced Displaced Children in the Street Situation in Addis Ababa, Ethiopia(Addis Ababa University, 2024-05) Tadios Tesfaye; Fasil Mulatu(PhD)This research has examined the rights protection of conflict-induced displaced children in the street situation in Addis Ababa, Ethiopia. The research employed a descriptive research design and critical discourse analysis in examining and interpreting the lived experiences of children in the current social and political contexts considering the peculiar characteristics of the children. Participants for primary data collection were 45 children aged 10-to-18 (Mean age was 15.2) and 18 adults (Mean age 36.4) drawn from children’s parents, government agencies, CSOs, and human rights organizations selected using purposive and convenient sampling. Secondary data were obtained by reviewing existing human rights frameworks, legislations, policies, and programs. The findings of the study revealed that displacement remains an alarming risk factor of vulnerability for children. Conflict-induced displaced children on the street are facing more complicated circumstances. States commit to defend the protection of the rights of internally displaced children to the same extent as all citizens. Notwithstanding, the rights of conflict-induced displaced children on the streets are deprioritized, as they are denied access to school, protection, health, and participation rights. These children have unique characteristics that set them apart from the other vulnerable children on the street. Conflict-induced displaced children have been traumatized by the conflict and instability situation. Their lived experiences demonstrate that they suffered greatly on their journey to safer places for their lives. These children are becoming an emerging group of vulnerable children in an urban context. State and non-state actors need to recognize their unique features and circumstances, which necessitates a new operational approach to protecting their rights. This has ramifications for existing social policies and systems, which need to consider such an emergent societal challenge to guarantee that conflict-displaced children are not left behind. There is a need to advocate for more effective policies and systems of governance, including a specific locus of responsibility for internally displaced children in the United Nations, international organizations, and government agencies.Item the Protection Against Refoulment In the African Human Rights System(Addis Ababa University,, 2017-02) Alemayehu Lema; Takele Soboka (Associate Professor)This paper examines the protection against refoulment in the African human rights regime. From day to day, for fear of persecution or human rights violations people flee their home country to other in order to seek asylum. On the other hand, the host states forcibly return accepted refugees and asylum seekers to their country of origin or third state. This forced return is known as refoulment. Also the research analyses the state practice of refoulment of refugees and asylum seekers as well as remedies available for violation of non- refoulment that has been taken place in East Africa notably: Kenya, Tanzania, Djibouti, Sudan and Burundi. Further it explores the legal protection of non-refoulment in the African human rights system and its effects that are more sever such as death, torture, enforced disappearance and denial of freedom of movement. The research revealed that although most East African states ratified the OAU Refugee Convention and African Charter which guaranteed the prohibition of refoulment, their practice is inconsistent with these laws. Moreover, the research examines the short comings of these two laws and recommends the Assembly of Head of States and Government of AU to amend provisions of these laws inconsistent with human rights. Finally, the study reveals substantive remedies available for violation of the right to non-refoulment, and recommends the African Charter and OAU Refugee Convention to incorporate the same.Item Marital Rights of Women: Assessing the Culture of Bride Price among Bench People; the Case of Semen Bench Woreda.(Addis Ababa University, 2018-06) Adam Dagne; Hirut Terefe (PhD)This study assesses and evaluates marital rights of women the case of bride price among Bench people the case of Semen Bench Woreda of Bench- Maji Zone in SNNPR. This people accept and practice the culture of Tilosh during marriage as an important aspect of recognizing marriage and any marriage that does not involve the payment of bride price failed to get the recognition of the society. In order to address the objectives of this study, qualitative method of in-depth interview and focus group discussion were utilized for primary data gathering. Three Kebeles from the study Woreda were purposively selected using purposive, non probability sampling technique and a total of 59 respondents are participated in this study. Married men and women, young girls and boys, elders, clan leaders, traditional spiritual leaders, gender office experts, public prosecutors as well as NGOs working in the study area were included. The findings of the study show that, there are various cultural practices among Bench community that undermine the marital rights of women and girls. Among these cultural practices, Tilosh takes primacy. As a result of this practice, women face multifaceted violation of rights within marriage. The finding of the study show that, women‟s marital rights are violated by the customary practice of Tilosh especially the right to education, access to reproductive health right, the right to property, access to legal divorce and decision making role within household are the major ones. The study also finds the customary practice of Tilosh is the cause for polygamous marriage, widow inheritance and women labor exploitation within marriage. Another finding of the study was the absence of strong and coordinated administrative measure and resistance from elders and traditional spiritual leaders still the practice continue and severely affects women and girls marital rights in the study area. Thus, the study recommended that, all the stakeholders could be responsible to solve the problems of women that are caused by the cultural practice of Tilosh through effective and efficient awareness creation education among the community about the harmfulness of the practices on women and girls.Item The Right to Remedies and the Responsibility of the African Union Peacekeeping Missions Under the African Charter on Human and Peoples’ Rights(Addis Ababa University, 2018-06) Amha Getachew; Takele Soboka Bulto (Associate Professor)Article 4(h) of the Constitutive Act of the African Union (AU) empowers the Union to intervene in member states in order to prevent or halt grave situations such as war crimes, genocide, and crimes against humanity. Pursuant to this provision, the AU has deployed several peacekeeping operations for over a decade, including in Burundi, Darfur and Somalia. As observed from the experiences of the UN in similar endeavors, peacekeeping missions can potentially commit human rights violations against civilians in territories where they are supposed to keep peace. In relation to AU’s peacekeeping missions, a question arises as to who bears the responsibility for violations of rights recognized in the African Charter on Human and Peoples Rights if/when they are committed by AU peacekeeping missions against non-combatant civilians in the territories of member states of the AU. The problem is aggravated mainly due to the fact that these missions (under the various Status of Mission Agreements) and the AU itself have immunity from being subjected to domestic judicial systems. As explained by the ICJ in the Reparations Case, international organizations do have an international legal personality derived from their purposes and functions and that they are given the right to bring claims to enforce their rights. The right to bring claims also entails the possibility of being sued. With this line of argument, a claim against the AU as the spearhead of these missions, at the African Commission on Human and Peoples’ Rights or the African Court on Human and Peoples’ Rights would have made it possible for the victims to have redress for the violations. However, both the Commission and the Court declined to entertain claims against the AU and its predecessor OAU for the reason that the OAU and subsequently the AU are not state parties to the African Charter on Human and Peoples’ Rights and that state obligations as per the treaties are not expected from the organizations. This scenario creates a potential gap between rights violations and remedies available under the African regional system of human rights to repair such violations. Thus, the thesis argues that the AU does have obligations to respect/protect human rights in line with its functional legal personality and in situations where violations of rights are committed by it, victims should be able to gain remedy by instituting an action against it. In spite of the absence of a specific provision on the right to remedies in the African Charter on Human and Peoples’ Rights, the thesis also argues that the right to a remedy is implicitly incorporated in the Charter by virtue of the principle: ubi jus ibi remedium (where there is a recognized right, there should be a remedy) as corroborated by the emerging jurisprudence of the African Commission and the African Court.Item The role of indigenous conflict resolution mechanisms in the protection of human rights: A case study of Amhara-Oromo conflicts in Atay city, Eferatana Gidim Wereda, Northern Shewa (2018-2022).(AAU, 2023-04) Melaku Hailu; Christophe Van der Beken(Associate Professor)The main objective of the study is to assess the role of indigenous conflict resolution mechanisms in the protection of human rights: A case study of Amhara-Oromo conflicts in Atay city, Eferatana Gidim Wereda, Northern Shewa(2018-2022).Because of lack ofpracticing and the concerned government bodies did not give due attention to these mechanisms, all sorts of conflicts have been resolved only by the government using legal procedures, but unfortunately, such measures become excessive and in due courses, human rights violations have also occurred. Thus, the researcher has tried to fill the gap interns of identifying their role in assessing human rights protection and ensuring the security of citizens from human rights perspectives and has used key informant interview (KII),systemic observation and snowball techniques, as alternatives, for gatherings of data from the respective area’s community members, IDPs, city administrator, zonal police command force, as well as different academicians from the nearby University, i.e.Debre Berhan Universityas well. The study has tended to be normative in its nature which distinguishes human rights research from other types of research, and are not purely and simply academic, but central to the political and social affairs, too. Finally, the researcher has stated in his findings that, although the government has a duty to safeguard the sovereignty of the country and securing its citizens, it is its responsibility to undertake any possible measures to secure peace and stability by interfering in any conflict resolution activities, but not necessarily to involve in all matters starting from establishment of members of indigenous people to resolve the conflict and in the name of peace keeping issues, rather let prepare aground for the longstanding indigenous conflict resolution mechanisms to be in practice and give all sorts of support to work in line with the usual legal procedures at least, based on the given rights stated in the 1995 constitution art.78 (5). for betterment ofthe community in general. Moreover, since these leaders for indigenous conflict resolution mechanisms have their own contribution in the process of conflict resolution, to give immediate solution, bring sustainable peace in the community, and to restore the previous friendship relation of members of the community, etc, shall be recommended to participate in the process of policy formulation ,be it at national or regional level and hence, would help to facilitate the implementation of the relatedongoing policy matters, too.Item 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.Item Right of the Accused In Discontinued Cases for Absence of Witnesses In Ethiopian Criminal Proceedings: the Law and the Practice(Addis Ababa, Ethiopia, 2024-05) Henok Aregahegne; Simeneh Kiros (PhD)The Constitution of Federal Democratic Republic of Ethiopia under article 20 recognize the right of accused persons. The criminal case disposal procedure aims to enhance the efficiency of the criminal justice system while safeguarding the constitutionally and internationally recognized rights of accused. The prosecutor has the burden to prove the case against the accused beyond reasonable doubt. When witnesses for the prosecution or the defense are not present, Courts have discretion to adjourn the case where the interests of justice so require based on article 94/2/b/ of criminal procedure law. In practice, after repeated adjournments are given cases are discontinued for absence of prosecution witnesses and the court orders the prosecutor the right to resume proceedings when they get the witnesses which adversely affects the rights of the accused. There is no clear provision that deal the extent article 94 and 95 of the cr.pro. code apply to deal with repeated adjournment. Thus compared to addressing the absence of witnesses by applying article 94 and 95 the courts approach is preferable. However, the courts approach has its own problem and inconsistent with the recognized rights of accused which has been exhaustively discussed in the paper. In conducting this research, quantitative and qualitative research method has been used. In line with this methodology, the research mainly relies on the following sources of data. First, the researcher tries to examines existing laws and their provisions, articles, journals, and court decisions regarding the rights of accused in cases where proceedings are discontinued due to absence of witnesses. Second, based on information obtained through questionnaires from the concerned officials such as judges, public prosecutors, and lawyers and Cases reviewed, randomly selected discontinued cases for absence of witnesses from federal high court and first Instance court try to investigate and analysis of the practice as well as its effect on the rights of accused. Other countries laws and experiences are also reviewed for the purpose of analyzing the Ethiopian. In conclusion the discontinuance of legal proceedings has far-reaching implications, affecting both the accused and the judicial system. Therefore, the research tries to analyze the legality of this mode of adjudicating criminal cases, impacts on the rights of accused and recommends enacting a law concerning absence of prosecution witness, dealing specific time within which a trial commences, and implementing a system of managing and tracking the court cases.