Derogation of Human Rights under State of Emergency: A Critical Examination of the 2016 Ethiopian State of Emergency and its Application in Oromia Regional State Special Zone Surrounding Finfinne

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Addis Ababa,University


This thesis reviews derogation of human rights under 2016 Ethiopian State of Emergency Declaration no. 01/2016 in Oromia Regional State Special Zone Surrounding Finfinne with greater emphasis in the context of Sebeta Town. The standards for assessing derogation of human rights regarding institutional and legal framework are identified and analyzed. Thus, parameters have been employed to assess the compatibility of application in line with the institutional and legal framework of Sebeta Town. In assessing, these study approaches qualitative research method. Data from primary and secondary sources are used. Data collection methods such as interview, focus group discussion and observation have been employed . Sebeta Town is selected because of the human right status during the first round of the state of emergency period where sever crackdown happened. The research found that the performance of the institution in connection with implementing protection of human rights is far below the standards due to the fact that there was lack of limit scope, transparency, accountability and agency mentality. The state machinery which was established to implement the state of emergency declaration was almost not serving in accordance with the standards that recognized by both national and international human rights instruments. Furthermore, the study has also identified that the command post office of Sebeta Town ignores the families of detainees and feedback that comes from rights groups. The thesis argues that absence of transparency and national and international accountability and mechanisms of ensuring human rights protection during the state of emergency especially the activities of the command post results in lack of standards on the ground in implementing the law. The role of mass media, human rights defenders, public representatives, civic organizations, international organizations has been observed insignificant; in this regard mechanism such as considerable supervision or monitoring including international human rights institution was almost absent. This thesis, thus, recommends that the problems of transparency, accountability, adhering institution principle has to be on board to protect state and individuals rights.



Derogation of Human Rights