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Papers by Abdi Jibril Ali
Northwestern Journal of Human Rights, 2020
Ethiopia is a state party to several human rights treaties that guarantee rights of arrested/accu... more Ethiopia is a state party to several human rights treaties that guarantee rights of arrested/accused persons. However, arrested/accused persons, particularly those belonging to opposition political parties, have been victims of human rights violations occurring during criminal proceedings; but they do not obtain remedy. In April 2018, political changes occurred in the country, providing an opportunity to reform the existing legal and institutional frameworks to provide remedy and reparation for the victims.
Journal of Ethiopian Law, 2018
Economic, social and cultural rights are guaranteed under the African Charter on Human and People... more Economic, social and cultural rights are guaranteed under the African Charter on Human and Peoples' Rights. As the Charter is relatively younger than similar human rights treaties at regional and global levels, it has incorporated experiences existing at the time of its conception and adoption. The Charter also brought new development to the international human rights law. Indivisibility is its hallmark since it guarantees all human rights in the same treaty without giving preference to one category of rights over the others in terms of the corresponding state obligations and institutional framework. In particular, the Charter does not contain the concept of progressive realisation, a concept common to other economic, social and cultural rights. The Charter also departs from other treaties as it guarantees fewer economic, social and cultural rights. The African Commission on Human and Peoples' Rights is one of the organs monitoring the implementation of the Charter. It is interesting to examine how the Commission has approached the interpretation of economic, social and cultural rights under the Charter in light of its unique features. These features of the Charter are discernible when the text of the Charter is read in light of its drafting history and compared with other treaties, particularly with the International Covenant on Economic, Social and Cultural Rights. This article argues that through the Commission's interpretation changes have been introduced to the Charter, affecting its unique features. The Commission has done this through the cases it has decided and the declarations, guidelines, principles and resolutions it has adopted.
As a part of the democratization processes that the nation has embarked upon, the Ethiopian Insti... more As a part of the democratization processes that the nation has embarked upon, the Ethiopian Institution of the Ombudsman has been introduced with the aim of bringing about good governance. An assessment of its performance shows that the Institution has been contributing to the processes by ensuring compliance of public institutions with the principles of good governance. The Institution, however, faces certain challenges with respect to resources, independence, accessibility and enforcement of its recommendations. By addressing these challenges, the Institution can be used to its fullest potential.
International recognition of the right to development is relatively recent. The United Nations Ge... more International recognition of the right to development is relatively recent. The United Nations General Assembly adopted the Declaration on the Right to Development in 1986. Few years later, the right was reaffirmed in the Vienna Declaration and Programme of Action. However, its codification in a globally applicable human rights treaty is yet to take place. The degree of its recognition at the African regional level is more advanced. Africa has taken the lead in articulating and recognizing the right in a binding multilateral human rights treaty—the African Charter on Human and Peoples’ Rights. Ethiopia is a party to the Charter and it is one of very few countries that recognizes the right to development in its domestic law. The 1995 Constitution of Ethiopia guarantees the right to development which should be interpreted in accordance with the African Charter. Although the content and scope of the constitutional right to development has not been canvassed by judicial or quasi-judicial organs so far, the African Charter as interpreted by the African Commission on Human and Peoples’ Rights is helpful in the identification of the right-holders and the scope of their rights, and the duty-bearer and the extent of its obligation under the Ethiopian Constitution. Such identification can be used to assess Ethiopia’s performance in the realization of the right to development.
Ethiopian Journal of Human Rights, Mar 2013
Directive Principles of State Policy were incorporated in some African constitutions in lieu of j... more Directive Principles of State Policy were incorporated in some African constitutions in lieu of justiciable economic, social and cultural rights. A growing trend in international and comparative law shows that human rights are indivisible and that economic, social and cultural rights are justiciable. However, the artificial division of constitutional rights between economic social and cultural rights, and civil and political rights seems to continue until constitutional reforms or revisions take place. Until such a time, constitutional interpretation provides a provisional solution. Like some other constitutions, Ethiopian and Ghanaian constitutions have chapters on Directive Principles of State Policy containing duties that flow from recognizing economic, social and cultural rights. It is not clear from the text of both constitutions whether these principles can be enforced in courts. The Supreme Court of Ghana has held that they are justiciable although the Court has not gone further to determine some outstanding issues such as jurisdiction, standing and remedy for their violations. The Ethiopian House of Federation so far has not come up with similar temporary solution. Therefore, Ethiopia as well as other African countries can draw lessons from the Ghanaian experience to abolish the artificial distinction between constitutional rights and increase horizontal accountability of government branches.
Haramaya Law Review, 2012
are justified violations of constitutional rights. Temporary suspension of some fundamental right... more are justified violations of constitutional rights. Temporary suspension of some fundamental rights and freedoms can be made on the ground of a state of emergency. Since most constitutional rights are not absolute, they can be limited on basis of national security, public safety, public moral, public order, public health, and similar grounds. Although both suspension and limitation should comply with the requirements of necessity and proportionality, they are completely different in their conception and application. However, the Council of Constitutional Inquiry failed to distinguish suspension of constitutional rights from their limitation in CUD v Prime Minister Meles Zenawi Asres. The Council mistakenly held that declaration of the Prime Minister constituted limitation on right of assembly, demonstration and petition. Given its nature and the short period for which it lasted, the declaration should have appropriately held to constitute suspension of those rights.
Law, Democracy & Development, 2013
Books by Abdi Jibril Ali
International recognition of the right to development is relatively recent. The United Nations Ge... more International recognition of the right to development is relatively recent. The United Nations General Assembly adopted the Declaration on the Right to Development in 1986. Few years later, the right was reaffirmed in the Vienna Declaration and Programme of Action. However, its codification in a globally applicable human rights treaty is yet to take place. The degree of its recognition at the African regional level is more advanced. Africa has taken the lead in articulating and recognizing the right in a binding multilateral human rights treaty—the African Charter on Human and Peoples’ Rights. Ethiopia is a party to the Charter and it is one of very few countries that recognizes the right to development in its domestic law. The 1995 Constitution of Ethiopia guarantees the right to development, which should be interpreted in accordance with the African Charter. Although the content and scope of the constitutional right to development has not been canvassed by judicial or quasi-judicial organs so far, the African Charter as interpreted by the African Commission on Human and Peoples’ Rights is helpful in the identification of the right-holders and the scope of their rights, and the duty-bearer and the extent of its obligation under the Ethiopian Constitution. Such identification can be used to assess Ethiopia’s performance in the realization of the right to development.
Northwestern Journal of Human Rights, 2020
Ethiopia is a state party to several human rights treaties that guarantee rights of arrested/accu... more Ethiopia is a state party to several human rights treaties that guarantee rights of arrested/accused persons. However, arrested/accused persons, particularly those belonging to opposition political parties, have been victims of human rights violations occurring during criminal proceedings; but they do not obtain remedy. In April 2018, political changes occurred in the country, providing an opportunity to reform the existing legal and institutional frameworks to provide remedy and reparation for the victims.
Journal of Ethiopian Law, 2018
Economic, social and cultural rights are guaranteed under the African Charter on Human and People... more Economic, social and cultural rights are guaranteed under the African Charter on Human and Peoples' Rights. As the Charter is relatively younger than similar human rights treaties at regional and global levels, it has incorporated experiences existing at the time of its conception and adoption. The Charter also brought new development to the international human rights law. Indivisibility is its hallmark since it guarantees all human rights in the same treaty without giving preference to one category of rights over the others in terms of the corresponding state obligations and institutional framework. In particular, the Charter does not contain the concept of progressive realisation, a concept common to other economic, social and cultural rights. The Charter also departs from other treaties as it guarantees fewer economic, social and cultural rights. The African Commission on Human and Peoples' Rights is one of the organs monitoring the implementation of the Charter. It is interesting to examine how the Commission has approached the interpretation of economic, social and cultural rights under the Charter in light of its unique features. These features of the Charter are discernible when the text of the Charter is read in light of its drafting history and compared with other treaties, particularly with the International Covenant on Economic, Social and Cultural Rights. This article argues that through the Commission's interpretation changes have been introduced to the Charter, affecting its unique features. The Commission has done this through the cases it has decided and the declarations, guidelines, principles and resolutions it has adopted.
As a part of the democratization processes that the nation has embarked upon, the Ethiopian Insti... more As a part of the democratization processes that the nation has embarked upon, the Ethiopian Institution of the Ombudsman has been introduced with the aim of bringing about good governance. An assessment of its performance shows that the Institution has been contributing to the processes by ensuring compliance of public institutions with the principles of good governance. The Institution, however, faces certain challenges with respect to resources, independence, accessibility and enforcement of its recommendations. By addressing these challenges, the Institution can be used to its fullest potential.
International recognition of the right to development is relatively recent. The United Nations Ge... more International recognition of the right to development is relatively recent. The United Nations General Assembly adopted the Declaration on the Right to Development in 1986. Few years later, the right was reaffirmed in the Vienna Declaration and Programme of Action. However, its codification in a globally applicable human rights treaty is yet to take place. The degree of its recognition at the African regional level is more advanced. Africa has taken the lead in articulating and recognizing the right in a binding multilateral human rights treaty—the African Charter on Human and Peoples’ Rights. Ethiopia is a party to the Charter and it is one of very few countries that recognizes the right to development in its domestic law. The 1995 Constitution of Ethiopia guarantees the right to development which should be interpreted in accordance with the African Charter. Although the content and scope of the constitutional right to development has not been canvassed by judicial or quasi-judicial organs so far, the African Charter as interpreted by the African Commission on Human and Peoples’ Rights is helpful in the identification of the right-holders and the scope of their rights, and the duty-bearer and the extent of its obligation under the Ethiopian Constitution. Such identification can be used to assess Ethiopia’s performance in the realization of the right to development.
Ethiopian Journal of Human Rights, Mar 2013
Directive Principles of State Policy were incorporated in some African constitutions in lieu of j... more Directive Principles of State Policy were incorporated in some African constitutions in lieu of justiciable economic, social and cultural rights. A growing trend in international and comparative law shows that human rights are indivisible and that economic, social and cultural rights are justiciable. However, the artificial division of constitutional rights between economic social and cultural rights, and civil and political rights seems to continue until constitutional reforms or revisions take place. Until such a time, constitutional interpretation provides a provisional solution. Like some other constitutions, Ethiopian and Ghanaian constitutions have chapters on Directive Principles of State Policy containing duties that flow from recognizing economic, social and cultural rights. It is not clear from the text of both constitutions whether these principles can be enforced in courts. The Supreme Court of Ghana has held that they are justiciable although the Court has not gone further to determine some outstanding issues such as jurisdiction, standing and remedy for their violations. The Ethiopian House of Federation so far has not come up with similar temporary solution. Therefore, Ethiopia as well as other African countries can draw lessons from the Ghanaian experience to abolish the artificial distinction between constitutional rights and increase horizontal accountability of government branches.
Haramaya Law Review, 2012
are justified violations of constitutional rights. Temporary suspension of some fundamental right... more are justified violations of constitutional rights. Temporary suspension of some fundamental rights and freedoms can be made on the ground of a state of emergency. Since most constitutional rights are not absolute, they can be limited on basis of national security, public safety, public moral, public order, public health, and similar grounds. Although both suspension and limitation should comply with the requirements of necessity and proportionality, they are completely different in their conception and application. However, the Council of Constitutional Inquiry failed to distinguish suspension of constitutional rights from their limitation in CUD v Prime Minister Meles Zenawi Asres. The Council mistakenly held that declaration of the Prime Minister constituted limitation on right of assembly, demonstration and petition. Given its nature and the short period for which it lasted, the declaration should have appropriately held to constitute suspension of those rights.
Law, Democracy & Development, 2013
International recognition of the right to development is relatively recent. The United Nations Ge... more International recognition of the right to development is relatively recent. The United Nations General Assembly adopted the Declaration on the Right to Development in 1986. Few years later, the right was reaffirmed in the Vienna Declaration and Programme of Action. However, its codification in a globally applicable human rights treaty is yet to take place. The degree of its recognition at the African regional level is more advanced. Africa has taken the lead in articulating and recognizing the right in a binding multilateral human rights treaty—the African Charter on Human and Peoples’ Rights. Ethiopia is a party to the Charter and it is one of very few countries that recognizes the right to development in its domestic law. The 1995 Constitution of Ethiopia guarantees the right to development, which should be interpreted in accordance with the African Charter. Although the content and scope of the constitutional right to development has not been canvassed by judicial or quasi-judicial organs so far, the African Charter as interpreted by the African Commission on Human and Peoples’ Rights is helpful in the identification of the right-holders and the scope of their rights, and the duty-bearer and the extent of its obligation under the Ethiopian Constitution. Such identification can be used to assess Ethiopia’s performance in the realization of the right to development.