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The Constitution of the Federal Democratic Republic of Ethiopia (FDRE), adopted in 1994, establis... more The Constitution of the Federal Democratic Republic of Ethiopia (FDRE), adopted in 1994, establishes the equal rights of women and men across economic, social, and political spheres, including education, employment, and access to and management of resources. Ethiopia is also a party to various international human rights instruments. However, despite these various measures, women continue to be amongst the most marginalized and vulnerable groups in all aspects compared to men. These facts are indicative of how women's rights are a secondary concern to the state. It is through this observation that this paper questions the FDRE constitutional design, which is based on
In Ethiopia, political parties are argued to have problems in their internal functioning: non adh... more In Ethiopia, political parties are argued to have problems in their internal functioning: non adherence to party internal rules, dominance of party leaders, disengaging party members in party decision making and governance, little institutionalization of party functions and weak party organization. These internal problems are also believed to have resulted in weak political parties that do not provide viable political choices to the electorate. This Article investigates whether intra-party democracy (IPD) is adequately regulated in Ethiopia and seeks to establish the need for a sufficient regulatory regime to promote IPD. For this purpose, the author examines the pertinent provisions from the FDRE Constitution, relevant subsidiary laws and bylaws of three purposively selected political parties. Besides, relevant research works are used to address the matter. Accordingly, the finding suggests that intra party democracy is not adequately regulated in Ethiopia. As it is evident in the ...
Constitutionalism, Constitutional Adjudication and Human Rights in Ethiopia, 2020
Constitutional adjudication has played a significant role in transforming the status of socio-eco... more Constitutional adjudication has played a significant role in transforming the status of socio-economic rights into a justiciable right in many constitutional systems. Creative and progressive constitutional adjudicators, in many constitutional systems, have interpreted their constitution to create an indirect means to enforce the non-justiciable right to housing. The consecutive general comment issued by the UN Committee on Economic, Social and Cultural Rights (ICESCR) also indicates that there are developments on how to treat socio-economic rights in general and the right to housing in particular. In Ethiopia, socio-economic rights are yet considered non-justiciable rights. This chapter is intended to indicate the role of the CCI/HoF in transforming the status of socio-economic rights into justiciable rights- focusing on the right to housing. In doing so, analysis of relevant cases of the CCI/HoF and interviews with responsible persons at the CCI and the HoF have been made. In Ethiopia, despite the enormous problems related to housing, cases pertaining to housing are barely submitted to the CCI/HoF. So far, only few cases, which are connected to the right to housing, have been submitted to the same. Nevertheless, except one of these cases- which is still pending, the remaining two cases were not even submitted claiming a right to housing. Yet, the CCI/HoF, also failed to use this as an opportunity to frame the issue as a matter of a right to housing and embark on setting a ground-breaking precedent in the enforcement of the right to housing in Ethiopia.
This chapter seeks to establish the need to extending voting rights to Ethiopians in the Diaspora... more This chapter seeks to establish the need to extending voting rights to Ethiopians in the Diaspora invoking a right, political and economic justifications. For this purpose, a qualitative research method is employed. Ethiopian citizens residing abroad are generally reported as being highly politicized, huge in number, educated; keep intact and concerned on home affairs. Thus, depending on how well they are treated and engaged, the Ethiopian diasporic citizens can present or forgo their tremendous all rounded potential to the country. Voting in home-country elections, though not the only way to secure the political participation of citizens abroad, is the one most formally practiced and reflects membership to a political community. As such, allowing Diaspora citizens to participate in election in Ethiopia would result in their constructive engagement in the social, economic and political affairs of the country. Their participation in home elections would also have the importance of institutionalizing Diaspora political engagement in Ethiopia, which is now obscure and incoherent. On the other hand, the principle of universal suffrage, which is duly recognized under the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration on Human Rights (UDHR), cannot be fully achieved unless citizens living abroad are also made to vote. The non-regulation-under the mainstream international laws-of the obligation of the sending states to extend the right and the obligation of the host states to facilities the implementation of the right, however, will remain a challenge. More so, the International Convention on the Rights of Migrant Workers and their Families (ICRMW), even if it has recognized voting rights of migrants in their country of origin, it has limited relevance as it concerns only a particular group of emigrant citizens. Ethiopia, however, is not a member to this convention.
Article , 2018
INCREASING CONSTITUTIONAL COMPLAINTS IN ETHIOPIA: EXPLORING THE CHALLENGES
Article , 2019
As one of the most essential elements in democratic process, parties deserve proper constitutiona... more As one of the most essential elements in democratic process, parties deserve proper constitutional recognition and protection. Constitutional recognition and protection of parties refers to their acknowledgment as important actors in the democratic process, and the provision of rights and privileges which they would enjoy, and responsibilities which they would assume. Constitutional recognition of political parties in turn plays a significant role in creating a level playing field for all parties alike in the political competition. This article investigates the constitutional recognition and protection of parties in Ethiopia and establishes the need to constitutionalize them. To this effect, analysis to the relevant literatures and the provisions of the constitution and other related subsidiary laws have been made. Accordingly, the finding suggests that political parties aren't duly recognized under the Constitution of the Federal Democratic Republic of Ethiopia (FDRE). The FDRE Constitution neither has deliberately stipulated the special role of parties in the democratic process, nor does properly described their rights, responsibilities and privileges. Such failure of the Constitution gives the ruling party greater power to determine the rules of the political game leaving the contesting political parties under its control. This is practically observed in the current scheme of state finance for the contesting parties and airtime allotted to them during election times. Problems in relation to the prevalent undemocratic practices in the internal functioning of political parties can also be attributed to the non-prescription of the responsibilities of political parties in the constitution.
Article , 2018
In Ethiopia, political parties are argued to have problems in their internal functioning: non adh... more In Ethiopia, political parties are argued to have problems in their internal functioning: non adherence to party internal rules, dominance of party leaders, disengaging party members in party decision making and governance, little institutionalization of party functions and weak party organization. These internal problems are also believed to have resulted political parties that do not provide viable political choices to the elec investigates whether intra-party democracy (IPD) is adequately regulated in seeks to establish the need for a sufficient regulatory regime t purpose, the author examines the pertinent provisions from the FDRE Constitution, relevant subsidiary laws and bylaws of three purposively selected political parties. Besides, relevant research works are used to address the matter. party democracy is not adequately regulated in Ethiopia. As it is evident in the FDRE Constitution and party laws, party regulation in Ethiopia is more inclined to the external behavior of parties than their int few provisions regulating limited aspect of internal behavior of parties. In addition, despite the claims under the bylaws of parties to adhere to democratic principles, there is democratic deficit in their internal functioning leading them to an endless cycle of disintegration, merger and re-regulation of IPD to promote democracy within parties enacts a detailed law intended at enforcing internal democracy in political parties.
The Constitution of the Federal Democratic Republic of Ethiopia (FDRE), adopted in 1994, establis... more The Constitution of the Federal Democratic Republic of Ethiopia (FDRE), adopted in 1994, establishes the equal rights of women and men across economic, social, and political spheres, including education, employment, and access to and management of resources. Ethiopia is also a party to various international human rights instruments. However, despite these various measures, women continue to be amongst the most marginalized and vulnerable groups in all aspects compared to men. These facts are indicative of how women's rights are a secondary concern to the state. It is through this observation that this paper questions the FDRE constitutional design, which is based on
In Ethiopia, political parties are argued to have problems in their internal functioning: non adh... more In Ethiopia, political parties are argued to have problems in their internal functioning: non adherence to party internal rules, dominance of party leaders, disengaging party members in party decision making and governance, little institutionalization of party functions and weak party organization. These internal problems are also believed to have resulted in weak political parties that do not provide viable political choices to the electorate. This Article investigates whether intra-party democracy (IPD) is adequately regulated in Ethiopia and seeks to establish the need for a sufficient regulatory regime to promote IPD. For this purpose, the author examines the pertinent provisions from the FDRE Constitution, relevant subsidiary laws and bylaws of three purposively selected political parties. Besides, relevant research works are used to address the matter. Accordingly, the finding suggests that intra party democracy is not adequately regulated in Ethiopia. As it is evident in the ...
Constitutionalism, Constitutional Adjudication and Human Rights in Ethiopia, 2020
Constitutional adjudication has played a significant role in transforming the status of socio-eco... more Constitutional adjudication has played a significant role in transforming the status of socio-economic rights into a justiciable right in many constitutional systems. Creative and progressive constitutional adjudicators, in many constitutional systems, have interpreted their constitution to create an indirect means to enforce the non-justiciable right to housing. The consecutive general comment issued by the UN Committee on Economic, Social and Cultural Rights (ICESCR) also indicates that there are developments on how to treat socio-economic rights in general and the right to housing in particular. In Ethiopia, socio-economic rights are yet considered non-justiciable rights. This chapter is intended to indicate the role of the CCI/HoF in transforming the status of socio-economic rights into justiciable rights- focusing on the right to housing. In doing so, analysis of relevant cases of the CCI/HoF and interviews with responsible persons at the CCI and the HoF have been made. In Ethiopia, despite the enormous problems related to housing, cases pertaining to housing are barely submitted to the CCI/HoF. So far, only few cases, which are connected to the right to housing, have been submitted to the same. Nevertheless, except one of these cases- which is still pending, the remaining two cases were not even submitted claiming a right to housing. Yet, the CCI/HoF, also failed to use this as an opportunity to frame the issue as a matter of a right to housing and embark on setting a ground-breaking precedent in the enforcement of the right to housing in Ethiopia.
This chapter seeks to establish the need to extending voting rights to Ethiopians in the Diaspora... more This chapter seeks to establish the need to extending voting rights to Ethiopians in the Diaspora invoking a right, political and economic justifications. For this purpose, a qualitative research method is employed. Ethiopian citizens residing abroad are generally reported as being highly politicized, huge in number, educated; keep intact and concerned on home affairs. Thus, depending on how well they are treated and engaged, the Ethiopian diasporic citizens can present or forgo their tremendous all rounded potential to the country. Voting in home-country elections, though not the only way to secure the political participation of citizens abroad, is the one most formally practiced and reflects membership to a political community. As such, allowing Diaspora citizens to participate in election in Ethiopia would result in their constructive engagement in the social, economic and political affairs of the country. Their participation in home elections would also have the importance of institutionalizing Diaspora political engagement in Ethiopia, which is now obscure and incoherent. On the other hand, the principle of universal suffrage, which is duly recognized under the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration on Human Rights (UDHR), cannot be fully achieved unless citizens living abroad are also made to vote. The non-regulation-under the mainstream international laws-of the obligation of the sending states to extend the right and the obligation of the host states to facilities the implementation of the right, however, will remain a challenge. More so, the International Convention on the Rights of Migrant Workers and their Families (ICRMW), even if it has recognized voting rights of migrants in their country of origin, it has limited relevance as it concerns only a particular group of emigrant citizens. Ethiopia, however, is not a member to this convention.
Article , 2018
INCREASING CONSTITUTIONAL COMPLAINTS IN ETHIOPIA: EXPLORING THE CHALLENGES
Article , 2019
As one of the most essential elements in democratic process, parties deserve proper constitutiona... more As one of the most essential elements in democratic process, parties deserve proper constitutional recognition and protection. Constitutional recognition and protection of parties refers to their acknowledgment as important actors in the democratic process, and the provision of rights and privileges which they would enjoy, and responsibilities which they would assume. Constitutional recognition of political parties in turn plays a significant role in creating a level playing field for all parties alike in the political competition. This article investigates the constitutional recognition and protection of parties in Ethiopia and establishes the need to constitutionalize them. To this effect, analysis to the relevant literatures and the provisions of the constitution and other related subsidiary laws have been made. Accordingly, the finding suggests that political parties aren't duly recognized under the Constitution of the Federal Democratic Republic of Ethiopia (FDRE). The FDRE Constitution neither has deliberately stipulated the special role of parties in the democratic process, nor does properly described their rights, responsibilities and privileges. Such failure of the Constitution gives the ruling party greater power to determine the rules of the political game leaving the contesting political parties under its control. This is practically observed in the current scheme of state finance for the contesting parties and airtime allotted to them during election times. Problems in relation to the prevalent undemocratic practices in the internal functioning of political parties can also be attributed to the non-prescription of the responsibilities of political parties in the constitution.
Article , 2018
In Ethiopia, political parties are argued to have problems in their internal functioning: non adh... more In Ethiopia, political parties are argued to have problems in their internal functioning: non adherence to party internal rules, dominance of party leaders, disengaging party members in party decision making and governance, little institutionalization of party functions and weak party organization. These internal problems are also believed to have resulted political parties that do not provide viable political choices to the elec investigates whether intra-party democracy (IPD) is adequately regulated in seeks to establish the need for a sufficient regulatory regime t purpose, the author examines the pertinent provisions from the FDRE Constitution, relevant subsidiary laws and bylaws of three purposively selected political parties. Besides, relevant research works are used to address the matter. party democracy is not adequately regulated in Ethiopia. As it is evident in the FDRE Constitution and party laws, party regulation in Ethiopia is more inclined to the external behavior of parties than their int few provisions regulating limited aspect of internal behavior of parties. In addition, despite the claims under the bylaws of parties to adhere to democratic principles, there is democratic deficit in their internal functioning leading them to an endless cycle of disintegration, merger and re-regulation of IPD to promote democracy within parties enacts a detailed law intended at enforcing internal democracy in political parties.