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LENGTH OF PRE-CHARGE DETENTION OF TERRORIST SUSPECTS IN ETHIOPIA
Get PDFOne of the questions that is often raised with regard to terrorism cases is the length of time a terrorism suspect is held in police custody before being charged. Different countries have suggested different length of time. Ethiopia enacted counter-terrorism legislation in 2009, which came up with its own length of pre-charge detention. This article provides a critical analysis of the length of pre-charge detention of terrorist suspects in Ethiopia. This is done by exploring the UK pre-charge detention laws. The writer argues that the current law governing pre-charge detention of terrorist suspects in Ethiopia is excessive and Ethiopia needs to introduce some alternatives to cut down the excessive pre-charge detention of terrorist suspects
THE CONSTITUTIONAL REVIEW SYSTEM OF OROMIA AND TIGRAY REGIONAL STATES AND THE BASIC RULES OF FAIR TRIAL
Get PDFEthiopia has ratified several human rights instruments that guarantee the right to a fair trial. The federal and regional government organs in the country are bound by the provisions of these instruments. This article examines the compatibility of the constitutional review systems in Oromia and Tigray Regional States with the basic rules of fair trial such as the right to a public hearing before a competent, independent and impartial court or tribunal. Both Oromia and Tigray Regional States empower their respective Constitutional Interpretation Commissions (CIC) and the Councils of Constitutional Inquiry (CCI) to entertain constitutional disputes. Each organ in both regional states is characterized by a centralized non-judicial model of review system. There are several factors that make each reviewing institution less compatible with the elements of the basic rules of fair trial. A careful redesigning of the institutions and recognizing the guarantees of relevant human right instruments adopted by the country is primarily recommended
EMPLOYMENT RELATIONSHIP AND PARTIES’ AUTONOMY IN CHOICE OF LAW: A CASE COMMENT
Get PDFFederal Cassation File No-54121,Volume-11
Federal Cassation File No-50923,Volume-
FORMALISATION OF CUSTOMARY TENURE OR ‘INFORMALISATION’ OF NON-CUSTOMARY TENURE? PARADOX IN THE CADASTRAL SYSTEM DEVELOPMENT EFFORTS IN MOST OF AFRICA
Get PDFGenerally, in most African countries, cadastral systems have not developed well. This paper, first, uncovers the critical problem surrounding customary tenure in Africa under the theory the author has introduced ‒ ‘custom paradox’ theory. In the paper,‘custom paradox’ theory is considered as a common misunderstanding of customary tenure, and, as such, has contributed to the failure of cadastral systems in most African countries. Second, the paper elaborates on the true characteristics of customary tenure and demonstrates its strong relationship with statutory tenure. In order to best establish the relationship, the author introduces an analytical theory which calls for the ‘informalization’ of the statutory tenure where the cadastral system legislations are made the reflection of the practices of the African people. A critical desk review of relevant secondary and sometimes legislative documents is mainly used in the paper. In addition, the paper has critically reviewed legal theory in order to cater for the relationship between law and practice and to apply same in the context of the objective of the research. The paper argues that recognition and formalisation of customary tenure is now getting legislative coverage in a few countries of Africa including Ethiopia despite some practical shortcomings.
While showing the mechanisms of favorably making custom work in cadastral systems by way of striking a balance between ‘modernization’ and ‘tradition’, the paper would contribute to the strengthening of the already existing scholarly work through establishing the casual relationship between the failure of cadastral systems and the misunderstandings about customary tenure in most African cadastral systems
JUDICIAL INTERVENTION IN COMMERCIAL ARBITRATION IN ETHIOPIA: A COMPARATIVE ANALYSIS
Get PDFDomestic courts play an essential role in modern international commercial arbitration by ensuring the smooth process and supplementing the parties’ failures to agree on various procedural points. Although the involvement of the courts in commercial arbitration is agreed in all jurisdictions, the extent of such involvement is still debatable. The proposition that the judicial role should be supportive of the arbitration rather than drifting the jurisdictions of arbitration tribunals is now accepted. Like the international experience, domestic courts of Ethiopia play a significant role in both domestic and international commercial arbitrations. This article discussed the judicial intervention in Ethiopia and the global trend on a comparative basis, the article found the judicial role in Ethiopia is more interventionist. Therefore, to create a more favorable environment for arbitration, the article argues for the revision of arbitration related laws
THE NEED FOR LEGISLATIVE PROTECTION OF WOMEN LAND RIGHTS IN ETHIOPIA: EMPHASIS ON THE LAND RIGHTS OF WOMEN IN THE POLYGAMOUS MARRIAGE
Get PDFThis article looks into the need for legislative protection of women land rights in Ethiopia with a focus on the land rights of women in the polygamous marriage. Mostly, the author has utilized doctrinal legal research approach so as to respond the intended objectives the article and to this end, international and regional (African) human rights instruments are deeply consulted concerning the issue at hand. The article has also examined the domestic (Ethiopian) legislations including the Federal Supreme Court Cassation Division decisions in order to respond to the issue raised by the article. Doing so, the article has found out that, even though the international human rights instruments have clearly incorporated non-discrimination clause on the enjoyment of rights contained therein, all of them have not clearly built-in protection for the land rights of women in the polygamous marriages. Regionally, it is only the African Women’s Rights Protocol, which has recognized polygamous marriage relations provided that if such union is due to the influence of culture or religion and obliges state parties in order to enact laws to ensure and promote such relations. Since, the Protocol has given place for the protection of polygamous marriage, and then one can reckon that, the Protocol has impliedly recognized land rights of women in the polygamous marriage. In the domestic laws arena, the FDRE Constitution prescribes women to have equal rights with men with respect to use, transfer, administer and control of land. But the Constitution has not clearly recognized polygamous marriage in general and land rights of women in the polygamous marriage in particular. Nevertheless, if we consult Article 34(4) of the Constitution, it impliedly accepts the possibility of recognizing polygamous marriage practices provided that such practice is maintained within the religious and customary laws of the intending spouses’ community. Since, the Constitution has impliedly recognized polygamous marriage relations, then one can correspondingly say that, it has not totally denied the land rights of women in the polygamous marriage by leaving place for other detailed legislations in order to fill the gap
Impact of Institutional Credit on Crop Productivity in Kemkem Woreda, Ethiopia
Get PDFAmong many factors that affect farm production, access to credit has been identified as important element in agricultural production. Farmers demand institutional credit to improve farm productivity, but are often denied by financial institutions. While there has been significant research on credit constraints in developing countries, there is surprisingly little information pertaining to the actual impacts of credit constraints on crop productivity. The objective of this paper is to investigate the impact of credit on crop productivity. The primary data was collected using structured questionnaires administered to individual households. Triangulation with key informant interviews, field observations, and interactive discussions with farmers and farmer groups provided information behind contextual issues underpinning the statistical inferences. A multistage sampling technique was used to select crop growers who applied for institutional credit. Propensity Score Matching is specified to estimate propensity score from the pre-treatment characteristics using binary logit model to obtain matched treated and non-treated (control) observations as inputs for impact analysis and estimate the Average Treatment Effect on Treated (ATT).The results offer the strong and positive impact of institutional credit on crop productivity implying that credit enables the farmers to purchase superior quality or high yield variety seeds, fertilizers and pesticides and agricultural yield increases because of timely and adequate inputs. Thus, the study recommended in time provision of appropriate amount of loan for the enhancement of crop productivity in the study are
ANCHORING HUMAN RIGHTS TO CURB VIOLENCE AND STRENGTHEN ETHIOPIA’S UNITY
Get PDFEnsuring Ethiopia’s stability and national unity has now reached a crossroad. Especially, the coming into power of the government of the Federal Democratic Republic of Ethiopia and the introduction of the Ethiopian Nation, Nationalities and Peoples’ right to self-determination up to secession in its current Federal Constitution, has been a cause of concern by many whether Ethiopia will continue as a united State by upholding the diversity of its people. This is mainly supported in the various claims raised by dissatisfied groups, victims and individuals of human rights abuses in the country. These claims exist, ranging from lack of political representation of the people in the governance dynamics to the existence of violent eviction of people from their possession or ownership of property. Using the existing literature and analyzing relevant laws in the field, this short communication posits that Ethiopian unity appears problematic. It also provides a brief account of selected causes of these problems that could potentially break the country’s unity in diversity and offers a proposal of anchoring and implementing certain human rights norms as a necessary, but not the only, strategy to respond to the challenges of violence and Ethiopian solidarity
Assessing The Enforcement of Principles of Good Governance In Amhara National Regional State: The Case of Debre Tabor Town Urban Development and Houses Construction Department
Get PDFThe term good governance was first used in the 1990s by the World Bank and International Monetary Fund to describe how public organizations best conduct public affairs and deliver public goods and services. The role of good governance to ensure equity resource distribution among the society, wise utilization of financial and non-financial materials, accelerating development progress, productivity, and so on without doubt obviously testified by countries, individuals, intentional financial institutions. The study dealt with assessing the enforcement of principles of good governance in Amhara national regional state: the case of Debre tabor town urban development and houses construction department. The study was conducted using 102 service users’ and 25 employees’ response of open and close ended questionnaires that were selected via random sampling technique. Furthermore, focused group discussion, interview and secondary data were used to gather relevant data, and rely on more descriptive and some form of explanatory research methods. Findings of the study reveals that the performance of the department pertaining to the principles of good governance was found dissatisfactory and much is left to be done in the department. The leading factors that inhibited the performance of good governance in the department were, among others, weak enforcement procedure, corruption, some employees disrespect of service users, weak public education, weak monitoring and evaluation system, administrative and technical incompetence of employees, and absence of public review system. Accordingly, to enhance good land governance and administration system in the department, it should be strive on addressing the above bottleneck through effective enforcement procedures
Locus of Control and Its Effect on Entrepreneurial Development among Final Year Students of College of Business & Economics
Get PDFThe aim of this study was to investigate locus of control and its effect on entrepreneurial development of students of College of Business and Economics. The total population of the study was 955 final year undergraduate students and the required data, extracted from 237 questionnaires, were analyzed through SPSS version 21. Proportional stratified sampling was used to select the sample respondents. One of the objectives of this study was investigating the level of locus of control of final year students. The finding indicated that all the items of locus of control were beyond the cutoff points. This implies that many of the behaviors of the students were in the internal perceived locus of control (M=3.5585). This is to mean that everything has carried out under own control rather than created by chance and opportunities. In addition, the mean score of entrepreneurial development was 3.4, which was far from the minimum cutoff points (2.5). This implies that students are exhibiting somehow good entrepreneurial development. The Pearsons correlation analysis notified that internal locus of control has a significant relationship with entrepreneurship development (r=. 389, p<. 05) and its external locus of control also shows a significant relationship between the two variables at r=.292, p><0.05). The developed hypothesizes was also tested by using regression analysis and its result revealed that internal locus of control has statistically significant effect with students’ entrepreneurial development (β=0.355, t=6.039, p><0.001) and its external locus of control has a positive and significant effect with entrepreneurial development (β=242, t=4.114,p><.05