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WOMEN IN THE INFORMAL BUSINESS SECTORS: THE ROLE OF STREET VENDING BUSINESS FOR WOMEN’S LIVELIHOODS ON AZEZO SUB CITY, GONDAR, ETHIOPIA
Get PDFWomen’s economic empowerments are a pre request for pro poor growth and sustainable developments. In Ethiopia the economic dilemma facing the country has various effects on the society at large. Given the situation, the high rate of urbanization and unemployment has resulted in that more and more people especially women’s are engaged in the informal business. Thus the objective of this study was to investigate the role of street vending business on women’s livelihood. To achieve the objectives, the study used mixed research design and the most common and widely used approach: sustainable livelihood framework with three variables human, social and economic capital which are considered to measure the women’s livelihood. From 150 accessible populations 109 were considered as a sample size. And questionnaires were used to collect primary data from purposefully selected respondent who are running street vending business. The finding showed that street vending is a crucial way of reducing women’s poverty and unemployment in general. Besides, the women’s social, human, financial and economical capital called livelihood assets are improved. Finally, the study suggests to strengthening the role of street vending business for improving the socio-economic wellbeing’s of vulnerable people, and the government should develop supportive policies and regulation that address the informality and illegality of street vending business
DECENTERING TREATY MAKING POWER OF THE FEDERAL GOVERNMENT UNDER THE ETHIOPIAN FEDERAL SYSTEM: IN SEARCH OF BETTER SAFEGUARDING MECHANISMS
Get PDFDue to globalization, the numbers of treaties signed between countries are on the increase. The subject matter of treaties is also broadening so that it includes those areas conventionally considered as domestic affairs. This proliferation of treaties in number and subject matter renders treaty making power troubling in federal countries since the federal government may override the jurisdiction of the constituent units by concluding treaties falling under their competence. This article examines the safeguarding mechanisms of treaty making power of the federal government in order to reduce its impact on the autonomy of Regional States under the Ethiopian Federal System. The article, through analysis of treaties ratified by the Federal Government of Ethiopia and experience of other federal countries, shows that, treaty making power under the Ethiopian Federal System undermines the constitutional distribution of power and autonomy of Regional States by enabling the federal government to conclude international agreements falling under the competence of the Regional States. The article demonstrated that the Ethiopian Federal System lacks mechanisms and institutions to safeguard the interest of Regional States from the unchecked treaty making power of the federal government. Finally, the article proposes institutionalized consultation between the levels of government as a safeguarding mechanism in order to maintain the autonomy and interests of Regional States
THE SETTING ASIDE OF ARBITRAL AWARDS UNDER THE ETHIOPIAN ARBITRATION LAW: LESSONS FROM COMPARATIVE STUDIES
Get PDFThe use of arbitration as a means for amicable dispute settlement under the Ethiopian legal framework has been laid down in the 1950’s and 1960’s massive codifications. Currently, the major sources of Ethiopian arbitration law constitute the Civil Procedure Code, the Civil Code and Federal Supreme Court’s Cassation Bench decisions. Under these legal regimes, there are three ways where courts can review arbitral awards—appeal, cassation and setting aside. Unlike appeal, setting aside is a qualified and balanced approach to sustain both the interest of the disputing parties and the demand of justice. However, despite the international best practices and the demand of modern commercial dispute settlement, challenging arbitral awards through setting aside has been given less attention in Ethiopia. Particularly, the rules governing the setting aside of arbitral awards is inadequate to suit the demands of modern commercial arbitration. Thus, improving the recourse of setting aside would be very decisive to ensure so that commercial arbitration in Ethiopia flourishes in conformity with the international arbitration practices. The purpose of this study was therefore to analyze the current status of Ethiopia’s legal framework for challenging arbitral awards through setting aside in light of the international best experiences. Accordingly, a comparative study of key provisions of the English Arbitration Act 1996, the Model Law and the Ethiopian arbitration legal regime was examined with a view to reveal the optimal legislative framework for arbitration which serves as a method of settling disputes. This study sought to indicate how international best experiences should be adopted in Ethiopia to minimize the excessive approach of court intervention for challenging arbitral awards. In view of the international best practices, the study concludes that article 356 of the Ethiopian Civil Code should be amended to include the following additional grounds of setting aside of arbitral awards: (a) incapacity of one of the parties, (b) the inability of one of the parties to present his/her case due to arbitrator bias, (c) procedural defect that results from failure to hold on to the parties’ arbitration agreement, (d) non-arbitrability of the matter, and (e) violation of public policy
THE NEED TO ENSURE FAIR COMPETITION IN THE ETHIOPIAN BANKING BUSINESS: AN APPRAISAL OF LEGAL FRAMEWORK AND PRACTICE
Get PDFThe Banking sector can be the main source of financial innovation and efficiency in economies where financial sector reforms are prudently designed to enhance competition among the private and state-owned banks alike. The domestic private investment in the banking industry in Ethiopia was re-introduced in addition to the restructuring of state owned banks since 1994. Under the supervisor mandate of the National Bank of Ethiopia (NBE), various banking and monetary legislations were adopted to regulate the effective functioning of the banking sector. However, the current banking sector lacks regulatory neutrality due to government’s involvement in the business of banking. The purpose of this article was to analyze the legal frameworks governing competition among the commercial banks in Ethiopia. The finding of this article reveals that despite the need to ensure fair competition in the banking industry, the “subsidy measures” provided for state-owned commercial bank of Ethiopia adversely impacts the competitiveness of privately owned banking investments. This article specifically identified that the government deliberately designed a legal framework that favors state-owned commercial bank of Ethiopia by imposing limitation pertaining to certain financial activities of private banks including but not limited to: (a) the mandatory obligation of private banks to buy National Bank of Ethiopia treasury bills, (b) limitation on share of long term portfolio investment, (c) limitation on share of revolving credit facilities, and (d) limitation on private commercial banks pertaining to the opening letter of credit by government institutions regarding the importation of goods and services. It was argued that on top of the gaps in Ethiopian competition law capable of ensuring fair competition in the banking sector, the legal and practical acts of the government to subsidize state-owned commercial bank negatively impacts the growth of private banking investments. It is concluded that the government of Ethiopia should ensure regulatory neutrality to ensure fair playing field in the banking sector
A CRITICAL ANALYSIS OF LEGAL AND INSTITUTIONAL FRAMEWORKS OF HERITAGE MANAGEMENT IN ETHIOPIA
Get PDFEthiopia is a multinational state rich in unique historical, cultural and natural heritages. So far, eleven of tangible and intangible heritages have been registered as world heritage sites by United Nations Educational, Scientific, and Cultural Organization (UNESCO). The recognition helps build the image of the nation thereby to enhance the development of the tourism industry. These heritages have scientific, aesthetic and environmental values which contribute to the overall sustainable development of the country. However, the benefit that Ethiopia accrues from its heritages could be limited unless proper legal and institutional frameworks that ensure adequate heritage management are in place. The purpose of this article is, thus, to critically analyze the extent to which the existing legal and institutional frameworks designed for heritage management in Ethiopia provide adequate protection for the heritages. The article relied on a review of relevant literature and international best practices designed to protect heritages from potential and actual threat through a scheme that ensures effective management system. This article found out the legal and institutional frameworks that are designed to regulate the management of heritages in Ethiopia are inadequate as examined in light of the international standards and best practices. The article argues that such flouting regime of heritage laws and institutions has contributed to heritage damages, misuse and proliferation of crimes against same. It is concluded that, with some of the recent developments, Ethiopian legislations and institutions that are established to manage natural and intangible heritages should be revisited to conform to the international instruments in order to provide adequate protection to all Ethiopian heritages
THE CONTRIBUTION OF GONDAR UNIVERSITY LAW SCHOOL TOWARDS ENSURING THE RIGHT TO QUALITY LEGAL EDUCATION
No full textIt has been 10 years now since legal education has been introduced in the University of Gondar. Over the years, there have been major achievements by School of Law at the University in the affairs of academic, research and community services. As per the International Covenant on Economic, Social and Cultural Rights—to which Ethiopia acceded in June 1993—the development of a system of the School shall be actively pursued and the material conditions of teaching staff shall be continuously improved.1 It is important that there is record of series of events for the last decade in the School of Law to assess its meta-level measures taken towards realizing quality legal education through a system pursued and conditions improved in the School.This work is not just a mere chronicle in the context that it would be meant to listing an account of just historical events of the School’s legal education in the order of their occurrence. The work would mainly go through, in both description and analysis, the evolution – and in some instances the revolution – of legal education from its inception in the University up until the present at which we position the School right now. Hence, attempt is made to the satisfaction of questions that includes the ‘why’, the ‘how’ and the ‘what then’ between the launching of legal study and its present state and everything in between as long as they significantly impact to quality legal education.
I cannot presume to cover in a space of few pages. However, as a founding Dean of the School of Law, I have chosen to incorporate what I personally think are significant events both in terms of their effect up on the School of Law and their impact up on the students and the community. I hope that this note appearing in the first issue of this Journal will serve as important means of communicating the School’s achievements and setbacks to the wider public, and as a wake-up call to managements of both the School and the University as to where attention be drawn in no time