Haramaya Law Review

Administration of justice in Customary Courts in Oromia

Teferi Bekele Ayana — 2025-01-09

One of the values of federalism is its convenience in dealing with a plurality of laws and institutions. Ethiopia’s federalism exhibits this feature, among others, by envisaging the possibility of establishing Customary Courts in addition to formal state courts. Accordingly, Oromia Regional State established Customary Courts by law. This paper examines how the Courts administer justice in the State. The establishing laws, Customary Courts’ cases, statistical data obtained mainly from the Oromia Supreme Court, documentary films, secondary sources, and interviews conducted with elders, judges, Abba Gadaas, Haadha Siinqees, and cultural experts were used as sources of information. Within a time less than two years, Oromia Customary Courts decided 209, 270 cases out of the 260, 382 total cases presented to the First Instance Level; and 8,800 cases out of the 12,051 total cases presented to the Appellate Level. The paper finds that the courts, through cases they decide, are promoting both access to justice, and Oromo cultures and values. However, they are suffering from a lack of budget to employ necessary human resources (especially, secretaries), train their elders, furnish office infrastructures, and mobilize information flow. Moreover, their criminal jurisdiction is not traceable in both federal and Oromia constitutions unlike the establishing laws and prevailing practices. The paper suggests making interventions in these areas by way of mobilizing all budget sources of Customary Courts and amending the constitution to make the courts more vibrant institutions from where other Regional States of Ethiopia emulate the experience.

Exploring the dynamics of Ethiopian administrative contract law: Principles, regulations, and interaction with other government contract laws

Daniel Esubalew Alemayehu — 2025-01-09

The legal framework governing administrative contracts in Ethiopia is essential for government contracts involving public services, works, and goods. However, uncertainties persist in Ethiopian legal practice regarding the applicability of traditional administrative contract law due to several key issues. This article critically examines relevant Ethiopian laws related to government contracts, Federal Supreme Court Cassation Bench Decisions, and various literature on administrative contract jurisprudence, as well as practices of other jurisdictions with similar legal norms. The study is geared towards assessing various problems, including the lack of a clear and evolving definition developed by the judiciary on the types of administrative contracts, the absence of uniformity in applicable laws for similar government contracts, and the development of different laws such as public-private partnerships, procurement contract laws, and investment contracts without a clear delineation of the interrelations between them. Furthermore, the lack of understanding of the different goals of these laws poses significant challenges. Additionally, problems arise from the Ethiopian administrative contract legal regimes, such as the absence of specificity in determining administrative contracts, leading to disputes between parties and potential violations of due process of law. To this effect, the article recommends the harmonization of related laws, specifying the relationship with preexisting legislations in newly enacted and related laws.

Reimagining Pan-African economic integration by addressing legal impediments to institutional coordination

Tesfaye Belijge Dara — 2025-01-09

The economic integration of Africa is crucial for the continent’s growth and development. To achieve the integration, the use of Regional Economic Communities (RECs) has been identified as a foundational building block. However, ineffective coordination of main integration institutions poses a significant challenge to the approach of using RECs to integrate Africa’s economy. This paper aims to analyse the legal frameworks for the African Union/African Economic Community (AU/AEC) and RECs relation. Through a qualitative doctrinal method, it has identified some of the legal impediments to effective institutional coordination and provided a means for overcoming them. Accordingly, the paper presented recommendations to address the legal challenges by addressing critical legal issues through legal reform anchoring on the strengthened political will of member states and embracing Pan-Africanism in the process.

Regulation of floriculture production in Ethiopia: Focus on the enforcement of the right to development and environment in Batu area

Solomon Dessalegn Dibaba — 2025-01-09

The Ethiopian floriculture sector has steadily grown, providing economic development through job creation, expansion of infrastructure, and foreign exchange earnings. However, due to the growth of the industry, environmental impacts and concerns have emerged as the industry grows physically and monetarily. Thus, this research article assessed the enforcement of the right to development such as the right to improved living standards and the right of people to participate in the planning and implementation of development projects on one hand; and the adverse impacts of developmental projects on the environment. In order to critically analyse the implementation of the right to development and its environmental impacts qualitative research methods such as in-depth interviews, personal observations, focus group discussion (FGD), and expert opinions were used. The study employed a purposive sampling technique to select informants for the in-depth interview and expert opinions, and to organize FGD. Accordingly, the findings of the research proved that the sector plays too much role in enabling citizens at least to lead adequate standards of living, at least at its minimum levels. However, the level of participation of local community members in planning, implementation as well as in assessing the socio-environmental impacts of flower projects is at its very low levels. Based on the findings, there should be a special provision or procedure to be drawn up and implemented to ensure meaningful and effective participation. The country should learn from others for the betterment of her laws and regulatory frameworks for effective sustainable development and environmental protection. Mechanisms and procedures that enhance the coordination and cooperation of regulators should be adopted and implemented.