Hawassa University Journal of Law

A Critical Look at the National Institutional Mechanisms towards the Protection and Assistance of Conflict-Induced Internally Displaced Persons in Ethiopia

2023-11-11T11:33:23+03:00

Abstract
Internal displacement is one of the forced migration types that is increasing in an alarming rate which lacks global attention. The issue was an international agenda in the early 1990s, yet, there is no wellestablished international organization responsible to assist and protect IDPs. It is the state that is primarily taking the responsibilities. The study used qualitative research methodology and examined the institutional responses, gaps and the human rights protection of conflict-induced IDPs in Ethiopia. It has been found that there are scattered institutional structures at the federal and regional levels. The response of the Ethiopian Disaster Risk Management Commission, which is the primarily responsible organ, is reactive and sporadic. There is cluttered coordination and the issue of conflict-induced internal displacement becomes an appeal of rare attention by the three branches of the government. Besides, there is less engagement of CSOs and National Human Rights Institutions. These disparities have challenged the protection and assistance of IDPs in the country. Thus, conflict-induced IDPs become the subject of rare international attention and less national protection. Therefore, it is time for Ethiopia to revise its institutional structure and address the plights of conflict-induced IDPs in the country.

Unionization in Industrial Parks: The Case of Hawassa Industrial Park

2023-11-11T11:37:52+03:00

Trade Unions play various roles for the protection and realization of workers’ rights, such as decent raises, affordable health care, job security, and a stable schedule. Despite the emphatic recognition that has been shown in several international, regional and national
laws, the actual realization of the right to unionization has not been an easy task for the employees whose major decent work destiny hangs over the right to unionize. Therefore, the main objective of this study is to identify the legal frameworks regulating the right to unionize in the Hawassa Industrial Park (HIP) with the view of determining operational
challenges and entry point for advocacy. The study employed both doctrinal and nondoctrinal research methodology and a mixed research approach. Accordingly, relevant tools, interview, questionnaire and personal observation were devised. By doing so, the research showed that the majority of the employees are part of trade unions (75%) although the research also revealed the existence of different challenges with regard to unionization in Hawassa Industrial Park. Currently, one of the main problems in the formation and the activities after the formation of trade unions in HIP is low awareness of the workers, labour
union leaders and employers regarding unionization and its contributions. The employees, despite their membership in one of the unions, are not fully convinced that the union is established with the objective of protecting their rights at work place. Because of this lopsided understanding, they are not committed to the membership that has negatively affected the acceptance and effectiveness of the unions. Hence, it is recommended that there is a need to raise the awareness of the employees about the benefits of joining the unions beyond the mere membership. In order to improve the working conditions the employees’
commitment and participation in the unions should be reinforced.

The Existing Confusion and New Developments of Arbitrability of Administrative Contracts in the Ethiopian Legal System

2023-11-11T11:45:18+03:00

Abstract
This article claims the existence of inconsistencies under the old Ethiopian laws regulating
the arbitrability of administrative contracts and the confusion among legal scholars and
practitioners because of the inconsistent stipulations of the old legislation. It also shows the
reader the improvements made by the New Arbitration and Conciliation Working Procedure
Proclamation No. 1237/2021 to resolve those inconsistencies and confusions. Further, the
article indicates how far the new arbitration proclamation goes to find solutions to the
existing confusion and to influence the current practice of adjudicative bodies in Ethiopia.
By using a descriptive qualitative data analysis method, the study has revealed the existence
of major improvements in resolving the existing confusion on the arbitrability of
administrative contracts under the new proclamation, which prohibits arbitrability of
administrative, contracts unless specifically allowed by law, and repealed all pre-existing
legislation that confused the subject matter and made it difficult for implementation. Finally,
the study has also given special focus to the discretion given to the legislators to allow
arbitrability of administrative contracts through special legislation and it is recommended
that this discretion should be used only with a sufficient justification, such as where the
public interest and investment flow-related reasons require doing so.

Observance of Adult Prisoners' Rights in the Gambella Prison Administration

2023-11-11T11:54:55+03:00

Abstract
Although there has been a considerable amount of literature recently on the subject of improving prisoners’ rights in Ethiopia, research on the subject in the National Regional State of the Gambela Peoples is relatively novel. Apart from Omod Opodhi’s 2019 journal article on addressing the psychosocial effects of crime on prisoners in Abobo City Prison and the Ethiopian Human Rights Commission (EHRC)'s 2021 report, which found that the protection of human rights in the Gambela region requires an urgent attention after gathering an extensive evidence on the extent of the abuses and revealing the sadistic treatment of those imprisoned in the Gambela’s and Abobo’s City prisons, there has not been any previously conducted investigation into the compliance with adult prisoners' rights, or their treatment as such, across the State
of Gambela. This article assesses, therefore, the compliance of the Gambela Prison Administration
(GPA)—which is not found—with pertinent national, regional, and international standards on adult
prisoners' rights. The study was conducted via secondary and primary qualitative case study design, and the analysis employed narrative and content quality analysis techniques, compliance with international commitments and human rights norms and standards addressing adult prisoners' rights, and Articles 19(1) and 22 of the Gambela Constitution, is recommended.

The Marching of New Era for Commercial Arbitration in Ethiopia: Making Ethiopia an Arbitration-friendly Seat?

2023-11-11T12:00:13+03:00

Abstract
Arbitration has gained prominence as a preferred forum for commercial dispute
resolution, prompting nation states to compete for the coveted title of an arbitrationfriendly seat. Ensuring the right legal environment is a necessary, though not
sufficient, condition in this journey. Unfortunately, Ethiopia has left behind in
promoting arbitration, despite the advent of long-lasting arbitration laws. Legal and
institutional pitfalls were among the factors frequently signposted as a reason for
the underdeveloped arbitral tradition. In a bid to catch up, Ethiopia recently
overhauled its hitherto existing arbitration laws with the ordinance of Arbitration
and Conciliation Working Procedure Proclamation No. 1237/2021. This paper aims
to assess the role of Ethiopia’s new law in making the country an arbitration-friendly
seat through qualitatively examining its progressions and retrogressions in light of
both fundamental and contemporary notions of arbitration. The paper finds that
Ethiopia has taken a step towards arbitration friendliness with the new ordinance,
but there remain pressing concerns yet to be advanced.

An Unconstitutional Judicial Power of State Courts over Federal Matters: A Comment on Fekadu Azemeraw and Tesfa Fetene vs. Bitewush Mekonnen

2023-11-11T12:07:24+03:00

Abstract
Although it had delegation power, Awi Zone High Court provided a judgment on a dispute between Fekadu Azmeraw and Tesfa Fetene vs. Bitewush Mekonnen as if it had inherent judicial power; and Amhara National Regional State Supreme Court confirmed the former’s decision. However, Amhara National Regional State Supreme Court, Cassation Division heard the petition and reversed the lower courts' decision stating that such courts lack jurisdiction to hear the case since it is a federal matter because one of the litigating parties-Nile Insurance S.C. is a federally registered business organ. Thus, the Ethiopian Federal Democratic Republic Supreme Court Cassation Division confirmed the decision made by the Amhara National Regional State Supreme Court, Cassation Division. The author has concluded that the Federal Cassation Division failed to appreciate two procedural issues: (1) it is not because Awi Zonal High Court and Amhara Regional State Supreme Court have inherent judicial power but it is because they have a delegation power they heard the case; and (2) Amhara Regional State Supreme Court, Cassation Division has no judicial power over federal matters. The Federal Cassation Division relied on the justification that regional supreme courts cassation divisions have judicial power to amend or order otherwise regional courts under them – which has not explained how it works on federal judicial power yet. The division of judicial power in Ethiopia between federal and state courts is not subject to the shifting needs of time and circumstance,rather it is well allocated. The allocation of judicial powers avoids the overlapping of jurisdictions. Unless such allocation is kept and respected, state and federal judiciaries do not resolve disputes well but, with their overlapping jurisdictions, themselves engage in inter-system power struggle.

ጣምራ የሥራ ውል ሕጋዊነት ላይ በተሰጡ የፌዴራል ጠቅላይ ፍርድ ቤት የሰበር ፍርዶች ላይ የቀረበ ትችት

2023-11-11T12:09:37+03:00

በገጠር መሬት የመጠቀም መብትን ለብድር ዋስትና ስለማስያዝ እና የኢትዮጵያ ሕጎች

2023-11-11T12:03:43+03:00