Assessment of the Ethiopian Human Rights Commission vis-à-vis the Paris Principle of Autonomy from Government: the Law and the Practice
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Date
2020-05
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Addis Ababa University
Abstract
This study seeks to critically assess the practice of EHRC vis-à-vis the Paris Principle of
Autonomy from Government. It examines the law and the practice so as to identify and highlight
the major challenges faced by EHRC in establishing and maintaining autonomy/independence. Document analysis was the main research tool utilized to garner data from secondary sources.
This method was supplemented with in-depth interviews to collect primary data on the practice. Also, the researcher drew on his first-hand, extensive experience of the practice. Independence
in the NHRI context is a multifaceted concept embracing legal and operational autonomy,
financial autonomy, independence concerning appointment and dismissal procedures,
independence through pluralism and composition, and independence with regard to privileges
and immunities. The study found that, despite its relatively broad mandate and efforts to achieve
its objective, EHRC faced numerous challenges of independence. A few of the key findings are:
the EHRC Establishment Proclamation No. 210/2000 has some substantive deficiencies, as its
provisions pertaining to the different layers of independence are inexplicit; the criteria for
appointments and dismissals laid down in the Establishment Proclamation are inadequate; the
practice showed some deviation from the law; the Establishment Proclamation could not insulate
the appointment process against political interference and manipulation which remains a
menace to EHRC’s independence from the Government who used to impose political appointees;
and political links seemed to be an unspoken prerequisite for appointment as leaders of EHRC.
Without adequate autonomy, a NHRI is at the mercy of the Government. It is thus recommended
that EHRC must carve out an independent place for itself in promoting and protecting human
rights nationally. Particularly, it is proposed that EHRC in cooperation with the HPR must
expedite the ongoing process for the revision of the Establishment Proclamation so that it will be
provided with adequate resources to discharge its responsibilities effectively, independently and
in full compliance with the Paris Principles. At the same time, the Government must be
committed to radically reforming EHRC. A responsive Government in the positive sense is
pivotal to the effectiveness of a NHRI. Unless the institution is entirely independent, it is nothing
more than an arm of the Government.
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Keywords
Human Rights, NHRIs, Paris Principles, Autonomy/Independence