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Item Adequacy of the Legal Framework for the Protection of Human Rights of Elderly Persons in Ethiopia(Addis Ababa University, 2024-09-01) Lencho Berhanu; Mizanie AbateThe recognition of older persons human rights in international human rights conventions is yet invisible. As of right now, there are no universally recognized standards that can be used as a model for legislating laws on protecting the rights of older persons. The rights of the olders are not particularly protected by legislation in Ethiopia either. The FDRE Constitution protects a number of vulnerable groups, including women and children, but it makes no special mention of the rights of the elderly. Furthermore, the protection of older people's rights has gaps in both normative and practical facets. As a result, older people face a range of challenges, including institutionalized poverty, ageism, food insecurity, social exclusion, abuse, and economical discrimination in Ethiopia. The objective of the research thesis is to evaluate how effectively Ethiopia's legal system protects the human rights of the older person. The assessment's purpose is to highlight the areas in which the norms fall short and fail to adequately address the issues faced by the elderly. It then identifies remedial steps that may be taken to improve the way the norms are put into practice. In light of this, the thesis makes use of primary and secondary sources of data in addition to doctrinal and qualitative approach. Following a thorough examination and appraisal, the study concludes that there are gaps in both implementation and norms regarding Ethiopia's current laws protecting the human rights of the older person. Therefore, in order to properly address the requirements of elderly people and the international human rights convention that Ethiopia has accepted, the government should review and adopt national lawsItem The Infringements of Registered Trademarks and Remedies Under Ethiopian Trademark Law: An Analysis of the Law and Practice(Addis Ababa University, 2024-09-01) Naol Bayisa; Biruk HaileThe paper aimed at assessing the legal gaps and practical challenges in trademark enforcement and adjudication of trademark infringements under the existing trademark regime. Purposive sampling method was employed to gather information from EIPA officials, lawyers, Federal Prosecutors, and judges to assess the existing enforcement challenges related to trademark rights. Most importantly, there is strong reliance on disposed cases at Federal Courts to evaluate the current enforcement practices related to infringement of the trademark rights. Current practices in the Federal Courts indicate that courts are asserting jurisdiction in a manner inconsistent with the rules outlined in the Federal Courts proclamation. Furthermore, there are instances where courts completely refuse jurisdiction and dismiss the case on the grounds that they lack the authority to adjudicate trademark-related disputes. The paper also revealed uneven practice and inter-bench and intra-bench split in award of damages for trademark infringement. In addition, the civil remedy, specifically the monetary relief, rarely served its purposes in compensating the trademark owner owing to the difficulty of proving the defendant’s profit and absence of statutory basis and courts jurisprudence in determining the amount of royalty. Moreover, besides the non-compliance of the accused with the bail order and closure of criminal cases as result of their failure to appear before the court, criminal conviction is achieving less in deterring the infringement acts as the courts highly prefer to release those convicted of the trademark rights violation on probationItem Squeeze-Out of Minority Shareholders Under the Ethiopian Commercial Code: A Critical Analysis of its Compliance with the Ethiopian Constitution and UNGP(Addis Ababa University, 2025-05-01) Hanamariyam Getnet; Solomon AbayThis paper critically examines the concept of squeezing out of minority shareholders under the Ethiopian Commercial Code, focusing on its compliance with the Ethiopian Constitution and the United Nations Guiding Principles (UNGP) on Business and Human Rights. The study explores the legal framework governing minority shareholder rights in Ethiopia, highlighting the recent amendments in the Commercial Code that empower majority shareholders to enforce a squeeze-out. Through a detailed analysis, the paper assesses whether these provisions align with constitutional guarantees of property rights, the right to fair treatment, and nondiscrimination. The findings reveal some gaps in the protection of minority shareholders, raising concerns about potential human rights violations. The findings underscore the need for a balanced approach that safeguards minority interests while facilitating corporate efficiency and growth.Item Auditing the Improvement Made by the Post-2018 Legal Reform in Terms of Protecting the Constitutional Rights of the Persons Accused of Committing Acts of Terrorism(Addis Ababa University, 2024-09-01) Obse Basha; Aberra DegefaProclamation 1176/2020 was enacted to remove the substantive and enforcement loopholes which negatively affect the fundamental rights and freedoms of persons. This research aimed at evaluating the practical and substantive improvements achieved since its enactment, employing a mixed-method approach combining empirical and doctrinal analysis. Data were primarily gathered through interviews with key stakeholders and a review of legal documents, including Proclamation 1176/2020 and relevant case files. Critical barriers to protecting the constitutional rights of individuals accused of terrorism were identified by this research. The continuous culture of impunity, lack of accountability, and weaponizing the theme of fight against terrorism to attack opposition parties, journalists and activists were among the barriers. These challenges continue to place the rights of the accused at risk, highlighting the need for further institutional reforms and enforcement measures. Addressing these issues is essential for ensuring the full realization of the legal improvements introduced by Proclamation 1176/2020.Item Adequacy of the Legal and Institutional Frameworks Regarding Urban Land Complaint Hearing Body and Appeal Tribunal Under the New Expropriation Law: Special Attention to Addis Ababa City Administration(Addis Ababa University, 2025-04-01) Abdulmajid Gebi; Muradu AbdoPresently, due to the development endeavors in urban areas, the urban landholder's property rights are under serious threat as a result of expropriation. A review of expropriation is vital in addressing grievances that arise due to the use of this intrusive power. This thesis tries to assess the effectiveness of administrative tribunals established to adjudicate expropriation disputes in Addis Ababa. The effectiveness of the tribunals is assessed by utilizing independence and impartiality as a parameter, along with other critical legal and institutional matters. The research employs qualitative methodologies. It is based on desktop research and an in-depth interview with key informants, alongside personal field observations. The study argues that the effectiveness of the administrative tribunals put in place to adjudicate expropriation disputes is significantly undermined by the diminished independence and impartiality of the tribunals. The study moreover argues that the tribunal's independence and impartiality were eroded by the incongruent membership appointment, loosely designed membership composition, and absence of the requirement for membership among others. Furthermore, the study enunciates that a lack of clarity and disparity in practice regarding the scope of power, as well as the procedural rules applied in adjudication, affected the tribunals' effectiveness. The study further elucidates a spectrum of persistent institutional and operational challenges that constrain tribunal effectiveness. This study recommends legislative review to enable the tribunals to have a diverse composition of members to enhance specialized expertise, to enumerate membership requirements to have members who have the required integrity and capacity, and to minimize procedural rigidity to enhance accessibility. Furthermore, improvements in the implementation of the laws also needed to be considered in order to bolster the tribunal's effectiveness.Item Trans-Boundary Hazardous Waste Regulation in Ethiopia: The Law and the Practice(Addis Ababa University, 2025-01-01) Kaleab Tilahun; Mellese DamtieProtecting environmental and human rights globally necessitates the involvement of the international community, which has established systems to uphold these rights. International instruments require states and stakeholders to implement appropriate measures for this purpose, with managing trans-boundary hazardous waste being a key aspect of environmental responsibility. Ethiopia has undertaken measures for trans-boundary hazardous waste regulation in line with its international obligations. This research examines the actions taken by the Ethiopian government in regulating the trans-boundary movement of hazardous waste. Utilizing a qualitative research design that includes both doctrinal and non-doctrinal legal approaches, the study aims to evaluate how Ethiopian laws align with international standards, identify barriers to implementation, and propose effective compliance strategies. Additionally, it discusses the legal and institutional practices of both national and international communities in managing trans-boundary hazardous waste, while exploring the challenges and opportunities associated with this issue.Item Reparation for Victims of Terrorism in Ethiopia(Addis Ababa University, 2025-05-01) Badasa Fekadu; Abdi JibrilThe human rights of victims of terrorism must be central to all efforts to prevent and combat terrorism. Under international law, states are obligated to prevent terrorism, conduct thorough investigations, prosecute offenders, and provide victims with necessary support and safeguards to uphold their reparation rights. Despite this, these victims have historically been overlooked, and no binding international legal instrument specifically addresses their needs. This legal gap leaves victims’ right to reparation in a precarious state, as they often face heightened distress due to the magnitude of terrorist acts, which cause widespread victimization and make seeking remedies for their immense suffering particularly challenging. Victims of terrorism in Ethiopia also face inadequate recognition and a flawed legal system that fails to ensure proper reparation. Existing provisions in the Civil and Criminal Codes are not designed to address human rights violations and fall short of international standards. Additionally, Ethiopia lacks an operationalized fund or victim-oriented reparation initiative to meet the urgent needs of terrorism victims. Thus, this paper examines reparation for these victims, analyzing international frameworks and evolving norms that define state obligations in their treatment and support. It employs a victim-centered approach, guided by the UN Basic Principles on the Right to Reparation for Victims, to assess national laws, implementation mechanisms, and the legal and practical challenges of ensuring effective remediesItem The Role of Ethiopia Federal Supreme Cassation Bench in the Enfocment of Socio-Economic Rights(Addis Ababa University, 2024-09-01) Kassie Melkam; Wubshet ShiferawThe Federal Democratic Republic of Ethiopia recognizes all level of human rights and guaranteed. This constitution imposes a duty on the judiciary to enforcement and protects all human rights is in line of the international human right practice and laws. The Federal Supreme Court Cassation Division Bench as apex court and binding decision maker on the national litigation in its more than 15 years’ experience rarely applied the FDRE Constitution previsions that declared on the socio-economic rights and the international human right instruments particularly human right laws directly connected with the socio-economic rights. One of the root causes for the cassation to enforce socio-economic rights is the denying of constitutional review power. This article contends that legal and jurist limitation in the cassation bench contributes to the unacceptably low enforcement of socio-economic rights. The author supports his position and show the legal and the practical gaps and challenges based on the cassations’ judgments. By doing this the author put forward recommendations for constitutional and legal reform and other relevant solutions. The author has also consulted the laws and cases of other countries and relevant literature with a view to identifying normative standards and practices from which Ethiopia could lessonItem “E-Commerce Dispute Resolution Mechanisms in Ethiopia”(Addis Ababa University, 2025-02-01) Alemayehu Tsehayneh; Aschalew AshagreE-commerce is part of the virtual world which facilitates B2B, B2C and other forms of market relationships. Dispute is unavoidable facts in economic relationships. The Problem worsened when disputes arise out of virtual relationships. No law governs the virtual world for internet has no jurisdiction. In various nations, disputes out of e-commerce are regulated based on outdated traditional laws. Nowadays, e-commerce is the choice of all in spite of the fact that e-dispute resolution mechanisms are staggering. This thesis has examined E-commerce Dispute Resolution Mechanisms in Ethiopia. E-commerce dispute resolution mechanisms are plausibly enshrined under the various legislations, regulations and directives in Ethiopia. However, the practice is incredibly crawling and no courts, quasi-judicial bodies, associations, regulatory practices and institutions are addressed any complaints from e-consumers or e-traders. All the redress mechanisms enshrined under various legislations did not consider peculiar nature of e-commerce practices and institutional arrangements in Ethiopia. No structurally independent institutions which really serves e-marketplace actors interests. ADR/ODR, internal or in-house code of conduct, regulations as well as ombudsman offices are some redressing mechanisms enshrined under Ethiopian legal regime. Establishment legislation and regulation of ECX, Custom Authority, Chamber of Commerce, and The Capital Market Authority properly recognize functional equivalence and evidentiary weights of e-documents. Besides, they inculcated various e-dispute resolution mechanisms ranging from ADR/ODR to establishing external dispute resolution agencies to protect e-financial consumers. E-consumer protections, except financial consumers, are left unattended in Ethiopia. ODR introduced under the draft Electronic Commerce Regulation for the first time. It still waits for ratification. Having plausible, easy and accessible redress mechanisms boost e-consumers’ confidences. However, the practice in Ethiopia showed scattered regulatory practices and poor institutional integrations. These made e-consumers in Ethiopia vulnerable for any market abuses. E-disputes redress practices are far behind expectations. No courts entertains any e-commerce marketplace disputes. After the ratification of Proclamation 916/2015, adjudicatory roles of many executives were moved to the Ministry of Justice, quasi-judicial bodies were established as proper courts under the aforementioned ministry. However no consumers have any knowledge of the establishments of these courts. This radically declined the confidence of e-consumers. Except the NBE, all institutions left e-consumers to absorb grievances out of e-marketplace relationships. E-financial consumers properly protected through stringent directives and follow-ups from NBE and Eth-switch. E-commerce actors are also unregulated. The operators did not properly posted disclosure terms. Surprisingly, two of the operators employ California Consumer Protection Act for consumer data protection in which Ethiopia is not party. Many of the contractual terms have adhesive mode. Survey made in the courtrooms and authorities showed that e-consumers as well as officials have no knowledge of e-commerce market place disputes and its redress. Integration among various government bodies and awareness creation sessions are recommended so as to educate e-consumers rightsItem The Regulation of Business Unit Divestiture under the Ethiopian Commercial Code(Addis Ababa University, 2025-01-01) Binyame Nibret; Lantera NadewDivestiture is a widely practiced and strategically significant form of corporate restructuring, involving the divestment, sale, disposal, or transfer of assets, facilities, product lines, subsidiaries, divisions, or business units. Companies adopt different forms of divestiture—such as sell-offs, spin-offs, and carve-outs—to optimize resource allocation, enhance financial performance, and strengthen their market positioning by shedding non-core or underperforming assets. Despite its prominence globally, the legal recognition and regulation of divestiture as a corporate restructuring strategy remain unclear in Ethiopia. This thesis investigates the adequacy of Ethiopia’s legal framework in governing business unit divestitures. Through a qualitative/doctrinal approach, it critically examines the provisions of the Ethiopian Commercial Code on mergers and divisions, alongside other relevant sectorial legislations, to assess whether such provisions sufficiently address the concept and complexities of divestiture. The findings highlight a significant regulatory gap in the division section of the Commercial Code. The provisions, as currently existing, fail to align with the unique nature of divestiture and are inadequate to comprehensively address its legal and procedural requirements. As a result, Ethiopia’s legal framework on divestiture remains insufficient, posing challenges to businesses seeking to utilize this strategy. The thesis concludes by recommending amendments to the Commercial Code to include a distinct and comprehensive framework for regulating divestiture. These amendments should, however, align with global best practices to ensure effective governance of divestiture and support Ethiopia’s evolving business landscape.Item The Governance of Mineral Resources and Sustainable Mining in Ethiopia's Federal System: Ownership, Control and Benefit Sharing(Addis Ababa University, 2025-01-01) Yared Hailemariam; Solomon NegussieThis doctoral dissertation examines the governance of mineral resources in Ethiopia's ethnic federal system, with a special focus on the key issues of ownership, legislative power, management power, and benefit-sharing, and investigates how these issues interact with and influence the implementation of sustainable mining practices. It is grounded in the Critical Realist Research Paradigm, which offers the methodological flexibility necessary to address complex research questions. Building on this foundational framework, it employed an exploratory qualitative research design as its investigative approach. It uses an integrative qualitative analysis approach, combining doctrinal and thematic analyses. It identifies notable legal gaps, ambiguities, contradictions, institutional shortcomings, and practical limitations across five interconnected areas of concern. First, it found that the FDRE constitution assigns ownership of mineral resources in a contentious manner, resulting in competing claims and interpretations. This ambiguity has led to federal and regional mining laws and centralized licensing systems that violate constitutional rules and human rights laws. Second, it found a lack of clarity regarding the scope and nature of legislative power over mineral resources. It also revealed the absence of legal and institutional mechanisms to coordinate legislative power over mineral resources. The absence of a clear constitutional delineation coupled with legal and institutional mechanisms for coordination has resulted in contradictory laws and regulations that violate constitutional principles. Third, there is a sharp difference between the federal constitution, which recognizes regional states as the main actors in the management of mineral resources, and the subsequent legislative and institutional arrangements that have centralized management power. It also revealed that the centralized management practices have failed to address the economic, social, and environmental impacts at the regional and local levels. Furthermore, it was found that the exclusion of subnational actors from the management mineral resources, combined with the sector's effects, has resulted in ongoing disagreements and conflicts that undermine the sector's overall effectiveness. Fourth, it identified significant constitutional deficiencies, legal uncertainties, institutional challenges, and practical constraints in the governance of economic benefits gained from the extraction of mineral resources. Unlike most federal systems, the FDRE Constitution failed to assign substantial revenue sources from the extraction of mineral resources, allowing the federal government to take advantage of the loophole. Furthermore, it found that the federal system failed to establish a legal and institutional framework that regulates the revenue sharing process, resulting in the emergence of practices that undermine the process. Fifth, it found that, despite the attempt to operationalize the concept of a sustainable mining sector, significant shortcomings persist. In particular, the existing governance frameworks fail to effectively incorporate the essential elements of the three pillars of sustainable mining. Furthermore, the federal system is unable to effectively address the sustainability challenges that arise in the mining operations. Based on these findings, it concludes that the Ethiopian federal system faces significant challenges in governance of mineral resources and ensuring sustainable mining practices. Overall, by drawing on Ethiopia's unique experiences, this study contributes to the advancement of the academic and practical understanding of the complex intersection between federalism, mineral resource governance, and sustainability principles. In addition, the study draws attention to a number of issues that require additional researchItem The Right to Education for Children with Autism in Ethiopia: The Legal and Policy Framework and its Implementation in Addis Ababa(Addis Ababa University, 2015-01-01) Liya Kiros; Tessema SimachewThe right to education is recognized under major international human rights instruments including the UDHR, ICESCR, CRC, CRPD and regional instruments ratified by Ethiopia. According to the instruments, the right to education encompasses fours essential features: availability, accessibility, acceptability, and adaptability. It also involves inclusive education, prohibit discrimination, and require states to provide accessible, quality education tailored to individual needs, ensuring that children with disabilities are not excluded from educational opportunities. This study explores the legal and policy and framework of the right to education of children with Autism Spectrum Disorder (ASD) and its implementation in Addis Ababa. Even if the framing of the right to education under the FDRE Constitution is in the form obligation to the state as one of the social services, and hence making it difficult to understand the content and scope of the right, it can be understood from the international instruments ratified by Ethiopia by virtue of Article 9(4) and 13(2) of the Constitution. Moreover, the educational policies and strategies adopted by the Ministry of Education explicitly recognize education as a right. The right to education of children with ASD faces legal and policy gaps as well as implementation gaps. The data of the Ministry of Education from last indicates that the national gross enrollment ratio of special needs education is 3.4% while that of Addis Ababa is 26.8%. The data reveals the remaining students who should haven enrolled to the special need education are either not enrolled or not recorded as such. The data collected under this study also indicate that parents of children with ASD face numerous challenges in sending their children to school and make them obtain quality education. The support services are also underfunded and entangled by lack of experts, high class size, lack proper monitoring of schools by regulatory bodies, lack awareness among the teachers, school leaders and parents, etc. As a way out, the study recommends legal and policy reforms which consider the learning difficulties of children with ASD. The study employed both doctrinal and empirical methods to explore the right to education of children with ASD. In doing so, it has used primary data such as interviews and questionnaire to collect data and used both qualitative and quantitative methodsItem Legal and Policy Framework on Gender Based Violence Among Women in IDP Camps in Ethiopia: Comparative Analysis(Addis Ababa University, 2024-11-01) Abysia Aboneh; Wondemagegn TadesseThis research investigates Gender-Based Violence (GBV) against women in Internally Displaced Persons (IDP) camps in Ethiopia, with a comparative analysis of legal frameworks and human rights principles. Ethiopia, with over 4.5 million IDPs, faces significant challenges in protecting displaced women from GBV due to weak legal implementation and inadequate services. Despite ratifying key international conventions, the country lacks specific policies to address the unique needs of IDP women. This study employs a qualitative methodology, including a comprehensive literature review of laws, conventions, reports, and scholarly articles, focusing on Ethiopia's context while also comparing it with the Central African Republic (CAR) and Nigeria. The research reveals that IDP women in Ethiopia are particularly vulnerable to GBV due to systemic issues such as the breakdown of community structures, limited access to services, and inadequate legal protections. The study examines the effectiveness of Ethiopia's existing legal frameworks, including its adherence to international human rights standards, and highlights the persistent gaps and barriers faced by women in IDP camps. By comparing Ethiopia's experience with that of CAR and Nigeria, the research identifies common challenges and successful strategies in addressing GBV. This comparative analysis provides insights into how different legal and sociopolitical contexts impact GBV protections and offers recommendations for improving Ethiopia's approach to safeguarding IDP women. The findings underscore the need for comprehensive, gender-sensitive policies and enhanced coordination among stakeholders to address GBV effectively. The study commends to inform policy improvements, raise awareness about the rights of IDP women, and contribute to the development of more effective legal and protective measures against GBV in displacement settingsItem Capital Gains Taxation of Shares and Bonds Under the Ethiopian Income Tax Law: Comparative Analysis of the Adequacy of the Existing Rules for the Capital Market(Addis Ababa University, 2025-05-01) Aboo Badhasa; Aschalew AshagreThis study examines the adequacy of the existing rules of capital gains taxation (CGT) on the transfer of shares and bonds under Ethiopia’s income tax regime, contextualized within its implications for the nascent capital market. Through doctrinal analysis of Ethiopia’s income tax laws, regulations, directives, drawing on interviews with Ethiopian tax authorities, capital market stakeholders, alongside a comparative assessment of six jurisdictions (USA, UK, South Africa, Nigeria, Kenya, and Morocco), the research highlights critical inefficiencies in the existing regime which was established before the advent of a formal capital market. The research findings show the challenges of a regressive 30% flat tax rate on transfer of shares and bonds, particularly when compared to lower rates applied to immovable assets, which exacerbates market illiquidity, disproportionately penalizes securities transactions, and perpetuates a “lock-in effect”. Further, the lack of differentiation between short-term and long-term capital gains which exacerbates speculative trading, the absence of preferential treatment for listed securities which disincentivizes formal market participation, and inadequate provisions for small businesses, contrasts sharply with global best practices, undermining Ethiopia’s aspirations to cultivate a dynamic securities exchange. Practical challenges such as undervaluation of transactions and administrative inefficiencies in tracking small-scale gains further compound compliance gaps and equity concerns In light of these challenges, the author recommended for; reduction of CGT rates on transfer of shares and bonds to 15% or less, introduction of tiered tax rates with a 1-year holding period to distinguish short-term (taxed as ordinary income) and long-term gains (preferential rates),in addition to introduction of SME-focused exemption per defined thresholds, implementing tax-free thresholds to alleviate administrative burdens, and to safeguard fiscal integrity. The study also advocated for harmonizing tax policies with capital market objectives, such as exempting or lowering taxes for securities listed on the ESX to enhance market participation. By addressing these gaps, Ethiopia can foster a dynamic capital market, and harness securities trading as a sustainable source of public financing. Ultimately, this research seeks to contribute to the development of a more favorable legal environment for capital market operations in EthiopiaItem The Implementation of the Right to Defense Counsel in Ethiopia: Case Study at the Federal Public Defense Office(Addis Ababa University, 2025-04-01) Shewarega Woldemariam; Tsehay WadaThis study is on implementation of right to defense counsel in the context of Ethiopia. I applied a qualitative research which applied doctrinal and non doctrinal approach. The research also used primary data based on data from interviews and questionnaires. Based on the findings the legal foundation for the public defenders office are article 20 of the FDRE constitution and the FSC Establishment proclamation No. 1234/2021. The office has formed offices in Addis Ababa and three Regional offices in which it employs over 74 public Defenders and 25 other staff. While legal practitioners understand the right to counsel, but many accused individuals are unaware. While the PDO is considered accessible by legal professionals, non-legal individuals express concerns regarding its accessibility and effectiveness. Further Public defenders view their services as efficient, but clients and some legal professionals express differing opinions. Overall stakeholders recognize the vital role of public defenders but highlight the need for capacitybuilding, professional development, and express concerns over ethical issues related to payment for services. Major challenges include a lack of comprehensive legal framework, limited resources, a lack of independence from the FSC, and enforcement lapses in professional conduct. To enhance the PDO's effectiveness, recommendations include establishing a comprehensive legal framework, restructuring institutional operations, and ensuring equitable salaries for public defenders. Implementing these changes is crucial for fulfilling the mission of the PDO and serving the public interest effectivelyItem “The Protection of Child Rights in the Process of Adoption in Ethiopia: A Critical Analysis and Legal Assessment”(Addis Ababa University, 2025-02-01) Kidist Marew; WondemagegneTadesseThis study focused on the critical analysis and legal assessment of the protection of child rights in the adoption process in Ethiopia. The study aimed to assess both the international and national normative legal frameworks for the protection of child rights, as well as the institutional legal frameworks in place.In examining the international legal framework for adoption, the research delved into the various conventions and treaties that Ethiopia is a party to, such as UNDHR, ICCPR,the United Nations Convention on the Rights of the Child (UNCRC),the African Charter on Human and Peoples Rights (ACHPR), The African Charter on the Rights and Welfare of the Child (ACERWC),other Child-Specific International Instrumentsandthe Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. These international instruments provide guidelines and standards for the protection of children in the adoption process.Furthermore, the study also analyzed the national legal framework for adoption in Ethiopia. This included an examination of the relevant laws, regulations, and policies that govern the adoption process within the country. The research assessed the adequacy and effectiveness of these legal provisions in safeguarding the rights of children involved in adoption. The findings of this research highlighted the importance of a robust legal framework that prioritizes the protection of child rights in the adoption process. Recommendations were made for potential reforms and improvements to ensure that the best interests of the child are always at the forefront of adoption proceedings in EthiopiaItem Adequacy of the Legal and Institutional Frameworks Regarding Urban Land Complaint Hearing Body and Appeal Tribunal Under the New Expropriation Law: Special Attention to Addis Ababa City Administration(Addis Ababa University, 2025-04-01) Abdulmajid Gebi; Muradu AbdoPresently, due to the development endeavors in urban areas, the urban landholder's property rights are under serious threat as a result of expropriation. A review of expropriation is vital in addressing grievances that arise due to the use of this intrusive power. This thesis tries to assess the effectiveness of administrative tribunals established to adjudicate expropriation disputes in Addis Ababa. The effectiveness of the tribunals is assessed by utilizing independence and impartiality as a parameter, along with other critical legal and institutional matters. The research employs qualitative methodologies. It is based on desktop research and an in-depth interview with key informants, alongside personal field observations. The study argues that the effectiveness of the administrative tribunals put in place to adjudicate expropriation disputes is significantly undermined by the diminished independence and impartiality of the tribunals. The study moreover argues that the tribunal's independence and impartiality were eroded by the incongruent membership appointment, loosely designed membership composition, and absence of the requirement for membership among others Furthermore, the study enunciates that a lack of clarity and disparity in practice regarding the scope of power, as well as the procedural rules applied in adjudication, affected the tribunals' effectiveness. The study further elucidates a spectrum of persistent institutional and operational challenges that constrain tribunal effectiveness. This study recommends legislative review to enable the tribunals to have a diverse composition of members to enhance specialized expertise, to enumerate membership requirements to have members who have the required integrity and capacity, and to minimize procedural rigidity to enhance accessibility. Furthermore, improvements in the implementation of the laws also needed to be considered in order to bolster the tribunal's effectivenessItem Regulation of Capital Goods Lease Financing Business in Ethiopia: Challenges and Prospects(Addis Ababa University, 2025-03-01) Alemnew Alamirew; Solomon AbayLack of access to finance is a significant challenge for SMEs, micro-enterprises, and new firms in Ethiopia. In today’s Ethiopia, banks often prefer to lend to larger, well-established businesses that have a profitable track record and can offer stronger security. Lease financing has strong development impact and crucial role in bridging this gap and expanding financial accessibility. Leasing provides an alternative financing mechanism that enables business to use assets without outright ownership, thereby overcoming the limitations of conventional bank loans, which often prioritize larger, well-established business with strong credit histories. In countries like Ethiopia, where lease financing is still an emerging concept, establishing a well-defined legal, regulatory, institutional, and tax framework is essential to maximize its benefits and ensure its effective implementation. This research aims to analyze the regulatory framework governing capital goods lease financing business in Ethiopia, identify the key regulatory challenges, and explore the potential reforms to enhance the sector’s effectiveness and growth. To properly address the questions, both doctrinal and non-doctrinal research methods have been employed. The findings reveal that there are significant regulatory challenges that hinder the sector’s growth. These include unclear legal position regarding the conduct of capital goods lease financing business through interest free leasing modality, prohibition of local commercial banks in the leasing sector, excessive regulation, lack of clear institutional enforcement of registering capital goods and capital goods lease agreement, lack of clarity on interpretation of duty free tax incentives provided by law, uncertainty and unpredictability of the regulatory environment regarding lease financing, and lack of organized and centralized training program to stakeholders and employees of capital good lease financing companies. The finding also reveal that while regulatory and legal barriers hinder the growth of lease financing, recent government initiatives, such as the move to enact a comprehensive Capital Goods Financing Business Proclamation and the formation of a National Leasing Association, represent significant progress. These measures indicate a strong commitment to addressing existing challenges, fostering a more structured leasing market, and promoting financial accessibility. The study underscores the importance of these developments and recommends further regulatory enhancements to ensure the sector’s sustainable growthItem The Use of Anonymous Witness Vis-À-Vis the Right of the Accused to Confrontation: The Law and the Practice at Ethiopian Federal High Court(Addis Ababa University, 2024-09-01) Girma Bikila; Wondwossen DemissieThe right to accused to confrontation is one of the fundamental constitutional rights that protect the defendants. Its scope is interpreted narrowly by some, while others have seen it more widely. It is however, generally thought to consist of three key elements: the right to a face-to-face trial, the right to demand that witnesses who are testifying against him appear in person for the duration of their evidence, and the right to cross-examine unfavorable witnesses. While the right of the accused to confrontation has long been recognized, it is also true that witnesses’ play a decisive role in the preservation of justice and thus, has to be provided with protection. However, in providing protection for witnesses, it is essential to adopt a balanced approach that safeguards the right of the accused to confrontation. This study was aimed to assess the legal framework governing witness anonymity and examine the practices of the courts and prosecutors in applying witness anonymity in light of the accused’s right to confront their accusers. In doing so, the mixed methodology of both doctrinal and empirical legal research has been employed. The study’s key finding is that, in Ethiopia the legal frame works that deal witness protection, lacks to provide a proper delimitation of the application of witness anonymity. The WWPP that provides a number of protection measures to be provided to witnesses where they are prone to a serious danger fails to provide special justification or assessment mechanisms to grant these protection measures. It also creates complexity as to the power of granting protection measures, particularly those involving anonymity. From the practical stand point, benches yield different decisions regarding the application of witness anonymity, resulting in lack of uniformity in its implementation. While some benches require the application for witness anonymity be presented for them the others have ruled that the power to grant protective measure under the proclamation vests on the prosecutor. Additionally, the benches took different stand with regard to the criteria to be fulfilled in the process of granting witness anonymity. The lack of guidelines and common understanding of the application of witness anonymity in the judiciary, along with persistent challenges related to the power to grant such anonymity, and the gaps in the legal framework resulted to an imbalance that undermines the fundamental right of the accused to confrontationItem Weaknesses in International and Regional legal Mechanisms for Controlling Small Arms and Light Weapons:- Implications for Conflict in East Africa(Addis Ababa University, 2025-05-01) Misganaw Alemayehu; Wondemagegn TadesseThis thesis critically examines the weaknesses of the international and regional legal instruments in controlling SALWs, with a specific focus on their implications in East Africa conflicts. SALWs are not only widely available and easily accessible, but their circulation perpetuates a culture of violence, contributes to both intra-state and inter-state conflicts, and poses a threat to regional security and development. Despite international efforts, a combination of normative gaps, institutional weaknesses, and a lack of binding obligations continues to undermine the effectiveness of existing control measures of SALWs in East Africa. This thesis utilizes a doctrinal research methodology where this study analyzes primary and secondary legal sources to assess the inadequacies in existing legal framework and institutional practices. The key findings of this thesis reveal that issues such as insufficient national oversight, weak enforcement of international treaties and protocols, poor cooperation among states, and the absence of effective monitoring mechanisms in the porous borders result in the proliferation of SALWs in the conflict prone areas. The SALWs proliferation brings about devastating economic implications that become consequences for mass evictions and displacements for fear of being a battle field are among the major implications and roles of SALWs in the conflicts of East Africa. These legal and institutional loopholes enable the continued flow of SALWs, resulting in severe human rights violationsand persistent insecurity in the region. The study underscores the urgent need for stronger, binding international instruments and more robust national and regional cooperation to curb the spread and impact of SALWs in East Africa. Therefore, East African countries should take a more proactive stance in showing their commitment and support towards international and regional mechanisms to control SALWs including enactment new regional legal frameworks and reinforce existing laws, giving attentions to DDR as conflicts come to an end and empower institutions like AU and IGAD on SALWs issues that should coordinate and develop policy and law for member states that enable them to control SALWs